On October 22, 2020, a California appellate court affirmed a preliminary injunction requiring Uber and Lyft to reclassify California drivers from independent contractors to employees and to comply with the California Labor Code, the Unemployment Insurance Code, and the Industrial Welfare Commission wage orders, as requested by California State Attorney General Xavier Becerra and the City Attorneys of Los Angeles, San Francisco, and San Diego. (A further discussion of that original August 10, 2020 San Francisco Superior Court’s original 33-page decision can be found here.)
Articles Discussing General Workplace Issues in California.
California Expands Entitlement to Leave for Crime Victims
On September 28, 2020, Governor Gavin Newsom signed Assembly Bill (AB) 2992, which amends California Labor Code Sections 230 and 230.1 and prohibits an employer from “discharging, or discriminating or retaliating against, an employee who is a victim of crime or abuse[,] for taking time off from work to obtain
New California Law Expands Successor Liability for Labor Code Judgments
On September 30, 2020, California Governor Gavin Newsom signed Assembly Bill (AB) 3075, which amends the California Labor Code to allow employees to collect wage and hour judgments not only from their employers, but also from certain successor businesses that take over operations when the employers have failed to pay
California Propositions Employers Should be Watching in Upcoming Election
California voters will decide on several important propositions in the upcoming November election, including three employment law issues that could have far-ranging implications for California employers and businesses.
Read the full article on Jackson Lewis Publications Page.
San Francisco Enacts “Tourist Hotel” Ordinance Requiring New Cleaning and Disinfecting Protocols and Prohibiting Retaliation
“Tourist hotels” in San Francisco must soon comply with Ordinance No. 208-20 enacted on October 9, 2020, which establishes cleaning and disease prevention standards and practices to help contain COVID-19. The ordinance also requires employers to provide training related to these standards for employees, grants employees work and anti-retaliation
California Propositions Employers Should be Watching in Upcoming Election
California voters will decide on several important propositions in the upcoming November election, including three employment law issues that could have far-ranging implications for California employers and businesses.
California’s New AB 1512 Revises Security Officer Rest Period Rules
On September 30, 2020, Governor Gavin Newsom signed Assembly Bill (AB) 1512, which amends California Labor Code Section 226.7 by authorizing employers to require certain unionized private security officers “to remain on the premises during rest periods and to remain on call, and carry and monitor a communication device, during
New California Law Requires Diversity on Corporate Boards of Directors
On September 30, 2020, Governor Gavin Newsom signed into law Senate Bill (SB) 979, a measure that will require publicly held corporations in California to achieve diversity on their boards of directors by January 2023.
2020 California Legislative Wrap-Up: California Employers Must Act Now
October has arrived, which signifies two things: pumpkin spice lattes are back, and new California employment laws are here.
California DOJ Announces a Third Set of Modifications to the CCPA Regulations
Back in August, after much anticipation and several rounds of review and modification, the California Consumer Privacy Act (CCPA) regulations finally became effective. This was long awaited by businesses and their service providers looking for compliance guidance and clarity on key issues related to facilitation of consumer rights. This week,
AB 2257 Enacts Significant Changes to AB 5 on Classification of Workers as Independent Contractors
California’s statute governing the classification of independent contractors, enacted under Assembly Bill (AB) 5, underwent a significant renovation on September 4, 2020, when Governor Gavin Newsom signed AB 2257. The emergency measure, which takes effect immediately, contains several new exemptions and revises existing law related to exemptions for business-to-business relationships,
Statewide Right of Recall is Vetoed But Local Ordinances Persist
As California employers recover from the whirlwind of the 2020 Legislative Session, one bright spot is the Governor’s veto of Assembly Bill 3216, which would have established statewide recall rights and right of retention for laid-off employees. The Governor stated he had a concern of creating a “patchwork of requirements
California Acute Care Hospitals Must Reimburse Training Costs
Assembly Bill 2855, recently signed into law by Governor Newsom, will require that acute care hospitals in California reimburse employees and job applicants for certain training costs.
California Legislature Essentially Eliminates Public Works “De Minimis” Exception
On September 30, 2020, Governor Newsom signed into law AB 2231, which limits the “de minimis” exception to California prevailing wage laws to all but the smallest projects. Specifically, the new law limits the de minimis contribution of a public entity to an amount less than $600,000 and less
Updates to California’s Restrictions on Using Criminal Records in Employment Decisions
The California Fair Employment and Housing Act (FEHA), as amended in 2018, restricts a covered employer’s ability to make hiring decisions based on an individual’s criminal history, including but not limited to court records disclosed in a criminal background check. Employers with workers in California, including employers that are
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