When AB 5 passed, insurance carriers came in to audit many policyholders attempting to convert “independent contractors” to employees. However, with the passage of Prop 22, motor carriers, such as truckers, can now make compelling arguments concerning the applicability of Prop 22 to their line of business. Recall, just a few months ago, in September,…
DetailsIf your company has employees who are classified as exempt, but are earning commissions it may be time to reevaluate whether those employees are truly exempt under recent case law. The California Court of Appeal recently issued a decision clarifying that a salary based solely upon commissions does not constitute a “salary” for purposes of…
DetailsRecently, the California Division of Occupation Safety and Health (Cal/OSHA) announced proposed temporary COVID-19 regulations, which are up for review and vote on November 19, 2020. The regulations would apply to all employees and places of employment with very limited exceptions, which include, worksites with one employee who does not have contact with other persons,…
DetailsThe California legislature expanded the obligations by employers to provide extended medical leave under the California Family Rights Act (CFRA) beginning on January 1, 2021. Currently the CFRA requires companies with 50 or more employees to provide eligible workers with up to 12 weeks of job-protected, unpaid leave. California employers with 20 to 49 employees…
DetailsThe California Legislature recently passed technical reporting requirements for employers starting next year in an effort to aid targeted enforcement of various labor laws, specifically attempting to identify wage rates that appear to be discriminatory on the basis of gender or race. SB 973 requires that, by March 31, 2021, and annually thereafter, private employers…
DetailsIn addition to Labor Code 248, which codified the Governor’s Executive Order requiring large food sector employers to provide COVID-19 paid sick leave, recently enacted Labor Code 248.1 now requires most employers with 500 or more employees to provide supplemental COVID-19 paid sick leave. The new COVID-19 supplemental paid sick leave (“CSPSL”), which went into…
DetailsOn September 4, 2020, Governor Newsom signed into law AB 2257, which exempts several additional occupations from the ABC Test under AB 5, and attempts to further clarify the distinction between employer-employee relationships and professionals that run their own independent businesses. AB 2257 is a lengthy bill that made several significant changes. We have summarized…
DetailsIn an effort to mitigate the effects of COVID-19 the California Legislature has been busy passing bills that provide further job protection and rights for employees. SB 1383 passed the Assembly on September 1, 2020, and awaits the Governor’s signature. SB 1383 amends the California Family Rights Act (CFRA), to expand its coverage to millions…
DetailsOn May 7, 2020, we shared about Governor Gavin Newsom’s executive order creating a rebuttable presumption that a California employee who contracts COVID-19 contracted it in the course of their employment. The presumption applied to employees working from March 19 through July 5, 2020. Since then 3 different bills addressing COVID-19 presumptions are now winding…
DetailsPeople of the State of California v. Uber / Lyft – filed August 10, 2020, case number CGC-20-584402, in the California Superior Court – San Francisco The gig-economy was dealt a major blow in a recent court ruling against Uber and Lyft. The State of California filed an action seeking injunctive relief, restitution, and penalties…
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