Labor & Employment Law Update: What’s New For 2020?

The California legislature has been busy.  There are numerous new and significant employment laws effective January 1, 2020. Employers should take note of the following key developments and should review their policies and practices—preferably with counsel—to ensure they are in compliance so as to limit any potential exposure. Minimum Wage and Minimum Salary Basis Increase (Labor…

Dynamex Being Applied Retroactively

There is potentially some more bad news for California employers affected by the recent wave of “independent contractor” decisions. The California Court of Appeal recently held that the ABC test as outlined in the 2018 California Supreme Court Dynamex decision applies retroactively to pending litigation on wage and hour cases.  The opinion in Gonzales v.…

Revisiting Non-Competes in California

California’s stringent laws against the enforcement of non-compete agreements and non-solicitation agreements between employers and employees are well-known. Put simply, non-compete agreements and non-solicitation agreements regarding the solicitation of customers are not enforceable, but non-solicitation agreements regarding the solicitation of other employees may be enforced within limited circumstances.

Dynamex Revisited

The California Supreme Court shook up the business world with their decision in Dynamex, a case covering the employer/worker relationship that we have discussed at length in this blog. Until recently, the idea of an independent contractor existed in the California workplace. The test the courts used to determine if the worker was in fact…