Normally you receive one or two email blasts a week on legal issues from us. But, no issue is now more important than the legal right to vote. So, whether you are a Democrat, a Republican or an Independent, here is the link to “IWillVote”. https://iwillvote.com/ And finally, please stay safe and stay healthy.
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…
DetailsMediation is an alternative dispute resolution process that is used to resolve problems between the parties. Everyone knows that. But what is important to remember is that the process can and should be informal. Unlike a trial or arbitration that must proceed according to fairly rigid rules, the mediator does not decide the outcome of…
DetailsShould employers stop collecting the 6.2% levy that is the employee’s share of social security taxes for many workers? This weekend’s Executive Order by the President said that employers could do this starting September 1, 2020. But, to be clear, if employers stop withholding taxes, will Congress forgive the deferred payments? Remember, these are deferred…
DetailsMediation is unique in that it may take place early in the case, voluntarily at the request of the parties; involuntarily in connection with a judicial proceeding just before trial; or at any time between. Notwithstanding the timing, proper preparation can ensure a successful mediation; and often, discovery is key to being properly prepared. When…
DetailsRecent California court decisions have begun to show a trend of judicial hostility towards the enforcement of employment arbitration agreements in certain circumstances. In light of this trend it may be time to reexamine dated arbitration agreements and practices. In the past few years, the legal landscape surrounding arbitration agreements has changed quite a bit. …
DetailsAs state and local governments slowly permit employees to return to work, employers need to be prepared to safeguard both themselves and their employees related to COVID-19. Some of the questions employers should be asking themselves include: Do my employees need to return to work? One of the initial issues that should be considered is…
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