Classifying independent contractors and employees has remained a hotly contested debate within labor law for some time. On April 30, 2018, the Supreme Court of California issued a ruling in Dynamex Operations West, Inc. v. Superior Court that may have clarified this ongoing conversation. The...
California requires Farm Labor Contractors (FLCs) to be licensed by the State. Licensing requirements include taking an exam, maintaining a farm labor contractor bond, promptly paying earnings to agricultural employees based on clearly stated rates of pay, and other responsibilities. From time to...
In an employment law case proceeding through a California federal district court, an interlocutory appeal regarding sanctions was recently upheld by the Ninth Circuit Court of Appeals. It is an important development for the ever-increasing threat employers face over state wage law violations and accompanying...
Our economy is increasingly embracing the gig economy model, meaning that companies, entrepreneurs, and others are hiring employees to work on a “gig,” one project at a time. There are many advantages to operating under this business model, not the least of which is flexibility. Another...
Joint guidance from the California Labor Commissioner and California Attorney General put California businesses on notice about new required practices involving their employees and Immigration and Customs Enforcement (ICE). The guidance states that as of January 1, 2018, the Immigrant Worker Protection Act (AB 450)...
This article was originally posted by David Tate on Workplace Law Report. Below, at the bottom of this post, I have provided a link to the National Labor Relations Board Office of General Counsel internal Advice Memorandum in the Damore/Google situation. You may recall, and very broadly...
With the new year comes new legal realities for companies that work in California. Every year the California legislature passes new laws, many of which change employment laws throughout the state. This new year is no exception, and one law in particular should cause all...
Two men, a father and son, recently pleaded guilty to felonies including insurance fraud and the denial of insurance and health benefits to injured workers. The pleas stem from a scheme that was recently uncovered by California insurance regulators, and led to the two men...
The governor of California recently signed into law S.B. 63, which changes the rights of employees and obligations of employers of small businesses regarding what leave can be taken following a family medical need. The law is a new approach to parental leave that substantially...
Just when you thought the state of California could not get any friendlier to laborers, the governor signed SB 306 into law and provided even more protections to California workers. The new law greatly expands the power of the California Labor Commission and grants several...