By: Huy M. Tran The following is an update from our article last week. [/blog/2019/09/california-legislature-passes-new-bill-affecting-independent-contractor-classification.shtml. On September 16, 2019, Assembly Bill 5 (AB-5) was enrolled and placed on Governor...
Publications
California Legislature Passes New Bill Affecting Independent Contractor Classification
By: Huy M. Tran On Wednesday, September 11, 2019, the California legislature passed a landmark bill known as Assembly Bill 5 (AB-5) that will reshape many companies' ability to classify workers as independent contractor. Most notably, the bill directly targets Uber...
California Governor Extends Sexual Harassment Training Requirement Deadline
California Governor Gavin Newsom signed Senate Bill (SB) 778 on August 30, 2019, amending Government Code Section 12950.1. The Governor's signature extends the deadline for California employers to comply with sexual harassment training requirements for non-supervisory...
Racial Discrimination Based on Hairstyle Now Prohibited in California
By: Tyler D. Kring On nearly a daily basis, our firm analyzes claims related to alleged "discrimination" in the workplace. Routinely, we must clarify the difference between what an individual believes to be discrimination and what California labor law says is illegal...
The Return of ‘No-Match’ Letters: How Employers Should Respond
By: The Social Security Administration ("SSA") has once again begun issuing employers "Request for Employer Information" letters, better known as "No-Match" letters (view sample letter here). The SSA sends no-match letters to those...
Revisiting Augustus v. ABM Security Services, Inc.; Whether California Employers May Require Non-Exempt Employees Remain On-Site During Rest Periods
As our firm discussed in a previous publication titled California Prohibits On-Duty and On-Call Rest Periods, the Supreme Court of California ruled that employers may not require their employees to remain "on-call" during rest periods. The Court noted that, "state law...
Getting a Jump Start on Compliance with California’s Growing Sexual Harassment Training Mandate
California employers with 50 or more employees have long been required to provide at least two hours of sexual harassment prevention training to supervisors and managers. Specifically, since 2005 any employer with "supervisory authority" is required to be trained...
Court of Appeal Rules That On-Call Workers Are Entitled to Reporting Time Pay
On February 4, 2019, a panel of the California Court of Appeal held in Ward v. Tilly's, Inc., that certain on-call scheduling practices require employees to "report to work" within the meaning of the Industrial Welfare Commission ("IWC") Wage Orders, triggering...
Court of Appeal Upholds Dismissal of Nisei Farmers League Action
By: Nisei Farmers League v. California Labor and Workforce Development Agency is a piece-rate compensation case involving AB 1513 which we have been following and reporting on since it was originally filed.Last Friday, the Court of Appeal...
California Court of Appeals Finds “Hourly” Compensation Plan Not Subject to Piece Rate Laws
California's Fourth Appellate District, Division One (San Diego/Riverside), recently upheld a "production" payment plan that guarantees at least the minimum wage for all hours worked (including non-productive time and rest breaks) but provides that automotive...
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