In 2018, the California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court fundamentally changed the manner by which workers are classified as employees or independent contractors. The court found under the “suffer or permit to work” employee definition in all California wage orders, any worker who performs work for a business is…
RPNA Law would like to extend its sincerest congratulations to Nicholas Roxborough, Drew Pomerance, Gary Nye, and Michael Adreani on the 25th anniversary of their Woodland Hills, California law firm, RPNA Law. The firm officially opened its doors on January 16, 1996 when UC Berkeley undergraduate friends Nicholas Roxborough and Drew Pomerance decided to merge…
Aside from the latest employment-related laws referenced in yesterday’s newsletter, California has passed additional laws effective January 1, 2021 concerning housing, health, and consumer protections. A few of the key laws outside of the workplace include the following: • Property Tax Break: California homeowners who are 55 or older, can get a property tax break…
The California Legislature passed and Governor Newsom signed several new laws which immediately affect California employers, ranging from Covid-19 policies, minimum wage increases, and to expanded leave benefits. Below are highlights of the new laws, effective January 1, 2021: Notification of Potential Covid-19 Exposure: Public and private California employers are to provide detailed notices to…
With Covid-19 vaccinations underway, employers may be concerned about implementing a vaccination policy. While it will likely be months before a vaccine is available to the vast majority of Americans, the question still arises: Can you have a mandatory vaccination policy? The answer is likely yes, under the recent EEOC guidance. But the question employers are…
The proposed COVID-19 regulations briefed by RPNA earlier this month was passed by the California Division of Occupation Safety and Health (Cal/OSHA) on November 19, 2020. As discussed in our prior email advisory, the adopted regulations are extensive and pose an affirmative duty to create a written COVID-19 Prevent Plan, and could have a significant…
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,…
If 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…
Recently, 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,…
The 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…