[Source: Fox and Hounds Daily] The exemption arrows have found their mark in the Achilles heel of AB 5, the controversial and highly contested worker classification law. On Friday, Gov. Gavin Newsom signed AB 2257 by Assemblymember Lorena Gonzalez adding many more exemptions to the law that now total over 100. Ironically, it was Gonzalez Read More…
Tag: employment
COVID-19 and a new hire’s expired identity document
[Source: CalChamber] We just hired an employee who doesn’t have a current identity document. Her driver license expired on April 1, and she says that she hasn’t been able to renew it due to COVID-19. Can we hire her? Yes. The U.S. Department of Homeland Security (DHS) issued a temporary policy beginning on May 1, 2020, that Read More…
Avoid liability: on-call rules to know
[Source: CalChamber] In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank and employment law expert Jennifer Shaw discuss the difference between “restricted” and “unrestricted” on-call shifts, and what issues may arise with the Paycheck Protection Program if employers place workers on on-call shifts. Restricted vs. Unrestricted As more Read More…
Predictable scheduling law not justified in California
[Source: Chris Micheli] This year, there is another effort to enact a “predictable scheduling” mandate on California employers, SB 850 (Leyva), which many believe would impose an unfair, one-size-fits-all, scheduling mandate on retail and food employers that penalizes these employers with “additional pay” for making changes to their employees’ schedule. Some of the concerns with Read More…
California’s controversial labor bill has passed the Senate
[Source: USA TODAY] A controversial piece of legislation passed the California Senate late Tuesday evening, codifying and clarify a landmark state Supreme Court decision that limits whether companies can classify their workers as independent contractors. Expected to have wide-reaching implications that resonate across the country — including posing an existential crisis for businesses built with independent, on-demand labor — the Read More…
Some sectors warn that AB5 could hurt workers, raise prices
[Source: SFGATE] As California moves forward with legislation that could turn many independent contractors into employees, some industries are vociferously protesting that the changes could hurt their workers and raise costs for consumers. Assembly Bill 5, sponsored by Assemblywoman Lorena Gonzalez, D-San Diego, saw its chances of becoming law rise this week when Gov. Gavin Read More…
Reporting to work: no physical presence required
[Source: CalChamber/HR Watchdog] Last week, the Second District California Court of Appeal ruled that on-call employees are entitled to reporting time pay if they are required to contact the employer to see whether they must actually report to work (Ward v. Tilly’s Inc., CA2/3 B280151 2/4/19). This significant wage and hour case applies to employees governed Read More…
Class action settlement doesn’t prevent 2nd lawsuit
[Source: CalChamber] An employee who was a member of a wage-and-hour class action settlement with her employer is able to pursue a subsequent lawsuit against her employer for a claim that was not alleged in the first case, said the Ninth Circuit Court of Appeals in a recent opinion. The employer settled in federal court Read More…
Labor Commissioner releases “blacklist” of port trucking companies
[Source: CalChamber] A new law, SB 1402, went into effect on January 1 of this year and imposes joint liability on client employers who hire port drayage motor carriers (port trucking companies) with certain unpaid employment-related judgments. Under Labor Code section 2810.4, a “port drayage motor carrier” includes any company or individual that hires or Read More…