Category Archives: Labor and Employment

Viking River Cruises, Inc. v. Moriana – A win for California employers, but for how long?

In 2004, California enacted the Private Attorney General Act (“PAGA”), a law that allows private individuals to bring enforcement actions on behalf of California’s Labor Workforce Development Agency (“LWDA”).  Since its enactment, the law has been used to curb violations of the California Labor Code while simultaneously serving as a boon to many plaintiff-side employment […]

Read More >

California Employer Alert: Ninth Circuit upholds California’s 2020 Law Barring Employers from Requiring Employees to Agree to Binding Arbitration as a Condition of Employment

California is generally known as one of the more employee-friendly jurisdictions, and some commentators have opined that mandatory arbitration is at odds with California’s worker-protection public policy. In fact, two race discrimination lawsuits filed by former employees against Tesla, Inc., with largely similar facts of colleagues/supervisors using racial slurs against the plaintiffs and other Black […]

Read More >

The Latest Chapter in California Independent Contractor Classification Laws

The issue of independent contractor classification is, perhaps unfortunately, something that many Californians have become too well versed in during recent years.  To briefly recap, the issue gained renewed focus with the California Supreme Court’s, April 2018 decision in Dynamex Operations West, Inc. v Superior Court.  There the Court ruled employers bore the burden of […]

Read More >

Employer Alert Related to COVID-19: (1) Expansion of the California Family Rights Act, (2) California 2021 COVID-19 Supplemental Paid Sick Leave, and (3) COBRA Premium Assistance from April 1, 2021 to September 30, 2021

Employment law in the best of times presents an ever-changing landscape, but with the COVID-19 pandemic and vaccine rollout, it can be especially challenging for workers and employers. As a general, regularly-updated informational resource for California workers and employers, we recommend the website created by the California Labor & Workforce Development Agency on Coronavirus 2019 […]

Read More >

California Legislative Alert: California Enacts AB 2257 ToModify Parts of the AB 5 Independent Contractor Classification Law

Those who are or use independent contractors (“IC”) know that effective January 1, 2020, Assembly Bill 5 (“AB 5”) codified the ABC Test for classifying ICs and expanded its application to all Labor Code claims, the Unemployment Insurance Code, and the Wage Orders of the Industrial Welfare Commission. See, e.g., Cal. Lab. Code § 2750.3 […]

Read More >

Federal District Court Reverses DOL’s “Final Rule” on Vertical Joint Employment By Reverting to FLSA Economic-Realities Test

On September 8, 2020, in a case entitled State of New York et al. v. Scalia etal. (Case No. 1:20 cv-01689-GHW), the U.S. District Court for the Southern District of New York rejected the U.S. Department of Labor’s (“DOL”) “final rule” (the “Rule”) concerning vertical joint employment under the Fair Labor Standards Act (“FLSA”). Here […]

Read More >

COVID-19 and Paid Sick Leave

The COVID-19 pandemic has brought seismic changes to nearly every facet of our lives. The same has been true for federal and local employment laws. Although the law typically evolves and changes at a near glacial pace, the COVID-19 pandemic has produced new sick leave laws in a matter of weeks that would have before […]

Read More >

Employment Law Updates: (1) Independent Contractor Classification (AB 5) and (2) Mandatory Sexual Harassment Training for Small California Employers

2019 has been a busy year in the employment law front. We update you on two substantial updates that impact employers and employees alike: (1) the legislative pronouncement of the reach of the ABC Test on independent contractor classification and (2) the brief extension for small employers to provide mandatory sexual harassment training. Independent Contractor […]

Read More >

Post-Dynamex Independent Contractor Classification Developments

We have written previous articles over the past year discussing the groundbreaking April 30, 2018, California Supreme Court decision in Dynamex Operations West, Inc. v Superior Court of Los Angeles which, in practice, significantly increases the liability risk and damages exposure to individuals or businesses seeking to classify workers as independent contractors. The Dynamex decision […]

Read More >

DC Circuit Court Upholds NLRB’s 2015 Browning-Ferris “Indirect” Control Joint Employer Test and Signals Intent to Limit NLRB’s Pending Joint Employer “Rulemaking” Process

On December 28, 2018, the United States Circuit Court of Appeals for the District of Columbia (the “DC Circuit”) issued its long-awaited opinion concerning the appeal of the National Labor Relation Board’s 2015 ruling on the “joint employer” test. (See, https://www.cadc.uscourts.gov/internet/opinions.nsf/A1D3A01EDFAB1B8A852583710055207A/$file/16-1028-1766137.pdf) “Joint employment” in essence occurs when two or more individuals or companies are involved […]

Read More >