On January 19, 2021, Oakland, California’s city council enacted an emergency ordinance extending and modifying its existing emergency paid sick leave (EPSL) ordinance.
Articles Discussing General Workplace Issues in California.
California Supreme Court Reaffirms that ABC Test is Retroactive
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
Driving in Reverse? Uber/Lyft Drivers Seek to Undo California’s Proposition 22
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).
California Supreme Court Answers the Ninth Circuit: Dynamex Applies Retroactively
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
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
California’s Proposition 24: Expanding Privacy Protections of California Consumers and Employees under “CCPA 2.0”
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
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
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
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
The City of San Jose Extends and Expands Its Supplemental Paid Sick Leave Ordinance
The City of San Jose recently passed an ordinance extending its supplemental paid sick leave ordinance until June 30, 2021 and expanding it to apply to all employers with employees working in San Jose.
Extension
When it was first passed, San Jose’s supplemental paid sick leave ordinance was set to
Agricultural Employers Challenge Cal OSHA’s Emergency Temporary Standard on COVID-19 Prevention
At the end of 2020, California approved the Division of Occupational Safety & Health’s (“Cal OSHA”) COVID-19 Emergency Temporary Standard (“ETS”).
Among the many requirements in the new ETS, Cal OSHA imposed a performance-based obligation on employers to establish and implement an effective COVID-19 Prevention Program, COVID-19 preventive measures (e.g.,
DFEH Releases Family and Medical Leave Tool Kit
The Department of Fair Employment and Housing (DFEH), the administrative agency charged with enforcing the California Family Rights Act (CFRA), has released new documentation for Family and Medical Leave that reflects the expansion of CFRA which went into effect on January 1, 2021.
These new documents include the required poster
San Jose Revises Emergency Paid Sick Leave Law While Other California Localities Take Steps Toward Similar Action
On January 5, 2021, California’s 2021 emergency paid sick leave landscape became clearer as San Jose enacted a revised emergency paid sick leave ordinance, and Los Angeles County directed staff to prepare a proposal to revise its currently expired ordinance.
Private Attorneys General Act Round-Up for 2020
2020 presented a myriad of challenges for California employers, including the constant march of California court opinions regarding the Private Attorneys General Act (PAGA) claims.
The California courts focused on two issues involving PAGA this year:
Can a Plaintiff proceed with their PAGA claim (standing)? Can a Defendant compel
New Year, New Rates for CA EDD Benefits and Under the San Francisco Paid Family Leave Ordinance
The California Employment Development Department (EDD) has released the Voluntary Plan Employee Contribution and Benefit Rates for 2021.
Employers are required to withhold and send state disability contributions to the EDD. The 2021 rates are as follows:
Employee Contribution Rate 1.2% Taxable Wage Ceiling (per
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