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Home > State Law Articles > California

Articles about California Labor And Employment Law.

CCPA at the One-Year Mark

January 21, 2021 | Jackson Lewis Filed Under: General (CA)

Jackson Lewis

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

Oakland, California Retroactively Extends Emergency Paid Sick Leave Ordinance

January 21, 2021 | Littler Filed Under: General (CA)

Littler

On January 19, 2021, Oakland, California’s city council enacted an emergency ordinance extending and modifying its existing emergency paid sick leave (EPSL) ordinance.

Ninth Circuit Upholds Federal Preemption of California’s Meal and Rest Break Laws for Interstate Commercial Drivers

January 21, 2021 | Ogletree Deakins Filed Under: Wage & Hour (CA)

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

California Supreme Court Reaffirms that ABC Test is Retroactive

January 20, 2021 | Littler Filed Under: General (CA)

Littler

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

Misclassification Liability in the Rear-View Mirror May Be Greater Than It Appears: Cal Supremes Say Dynamex “ABC Test” Applies Retroactively

January 19, 2021 | Ford Harrison Filed Under: Wage & Hour (CA)

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.

Driving in Reverse? Uber/Lyft Drivers Seek to Undo California’s Proposition 22

January 19, 2021 | Ford Harrison Filed Under: General (CA)

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).

Ninth Circuit Upholds Federal Preemption of California’s Meal and Rest Break Laws for Interstate Motor Carrier Drivers

January 18, 2021 | Jackson Lewis Filed Under: Wage & Hour (CA)

Jackson Lewis

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.

California Supreme Court Answers the Ninth Circuit: Dynamex Applies Retroactively

January 18, 2021 | Jackson Lewis Filed Under: General (CA)

Jackson Lewis

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

California Supreme Court Affirms That The Dynamex (A-B-C) Test Applies Retroactively

January 18, 2021 | CDF Labor Law LLP Filed Under: General (CA)

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

New Pay Equity Reporting Requirements In California Are Due Soon

January 18, 2021 | CDF Labor Law LLP Filed Under: Sex Discrimination (CA)

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’s Proposition 24: Expanding Privacy Protections of California Consumers and Employees under “CCPA 2.0”

January 14, 2021 | Goldberg Segalla Filed Under: General (CA)

California residents have voted to expand the California Consumer Privacy Act of 2018 with the California Privacy Rights Act of 2020

California Announces Pay Data Reporting Portal Will Open by February 15, 2021

January 14, 2021 | Jackson Lewis Filed Under: General (CA)

Jackson Lewis

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

Changes to the California Family Rights Act and Small Employer Family Leave Mediation

January 13, 2021 | Ford Harrison Filed Under: General (CA)

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:

Private Employers in California Have Broad Discretion to Terminate Employees for Participation in Capitol Insurrection

January 13, 2021 | CDF Labor Law LLP Filed Under: General (CA)

By: Private Employers in California Have Broad Discretion to Terminate Employees for Participation in Capitol Insurrection

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

Cal/OSHA Publishes Updated FAQs on COVID-19 Emergency Temporary Standard

January 12, 2021 | Littler Filed Under: Health And Safety (CA)

Littler

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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