Employment Law Information Network
All Things Labor and Employment Law
The CCPA has reached the one-year mark. This is a good time for businesses to review the success of their compliance programs and recalibrate for the CCPA’s second year. Here are a few suggestions to kick off that review:
Privacy Policies. The CCPA requires a business to update the
On January 19, 2021, Oakland, California’s city council enacted an emergency ordinance extending and modifying its existing emergency paid sick leave (EPSL) ordinance.
In one of the year’s most anticipated court decisions for the trucking industry, International Brotherhood of Teamsters, Local 2785, et al. v. Federal Motor Carrier Safety Administration, No. 19-70413 (January 15, 2021), the U.S. Court of Appeals for the Ninth Circuit upheld a Federal Motor Carrier Safety Administration (FMCSA) ruling
On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int’l, Inc.1 that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior Court,2 applies retroactively. The court relied on its position that independent contractor classification under the California wage orders was
It was quite a week for the gig economy in California. This is the second of a two-part update; last week we reported on a union- and driver-led California Supreme Court challenge to Proposition 22, the November 2020 voter initiative that allows app-based hiring entities to classify certain workers as independent contractors if they meet specific conditions. Proposition 22 was a response to AB 5, which codified a 2018 decision that is the subject of this article.
Introduction: On January 12, 2021, Uber and Lyft drivers became the first gig workers to challenge Proposition 22, just two months after voters passed it into law on the November 2020 ballot. Prop 22 permits app-based hiring entities to classify workers as independent contractors rather than employees, provided they meet certain conditions, such as a minimum wage, reimbursement for vehicle expenses, occupational accident insurance, healthcare subsidies, and other protections. (Prop 22 is discussed in further detail here).
The Federal Motor Carrier Safety Administration (FMCSA), within the federal Department of Transportation, is responsible for regulating commercial motor carrier safety. In 2018, the FMCSA determined that federal law preempts California’s meal and rest break rules for interstate motor carrier drivers who are subject to the FMCSA’s rest break regulations.
In Vazquez v. Jan-Pro Franchising International (Vazquez), the California Supreme Court answered “Yes” to the Ninth Circuit’s question, “Does your independent contractor ABC test in Dynamex Operations West, Inc. v. Superior Court (Dynamex) apply retroactively?”
In 2018, the Dynamex Court concluded that under California wage orders, anyone who performs work
By: California Supreme Court Affirms That The Dynamex (A-B-C) Test Applies Retroactively
By: California Supreme Court Affirms That The Dynamex (A-B-C) Test Applies Retroactively
Since April 2018, when the California Supreme Court issued its Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018) decision, which radically changed the way
By: New Pay Equity Reporting Requirements In California Are Due Soon
In September of last year, Governor Newsom signed SB 973, California’s first statutory employee data reporting requirement. SB 973 became codified as section 12999 of the California Government Code. The bill was authored by Senator Hannah-Beth Jackson, who also authored
California residents have voted to expand the California Consumer Privacy Act of 2018 with the California Privacy Rights Act of 2020
California’s Department of Fair Employment and Housing (DFEH) continues to advance toward the March 31, 2021 pay data collection deadline. When SB 973 was passed in September, DFEH had six months to develop and implement a data collection system that could accomplish the task. It is delivering. DFEH issued its
California Governor Newsom signed Senate Bill 1383 (SB 1383) which greatly expanded the California Family Rights Act (CFRA), which took effect on January 1, 2021. Some of the notable changes include:
Businesses across the country are cutting ties with workers who took part in last week’s insurrection at the United States Capitol. Employees are being identified through news videos as well as photos and blogs that
On January 8, 2021, Cal/OSHA issued a much-awaited second set of FAQs to its COVID-19 Emergency Temporary Standards (ETS). The following are ten key takeaways:
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