Never one to shy away from passing innovative laws, the California legislature is considering a new strategy to curb labor law violations. The proposed legislation would try to influence the treatment of drayage laborers by making retail stores liable for labor code violations while those...
A recent ruling from the California Supreme Court better defines the relationship between insurance companies and their insured. The case arose as a result of a certified question from the Ninth Circuit Court of Appeals. The question was: what qualifies as an “occurrence” under an...
On April 30, 2018, the Supreme Court of California issued a ruling in Dynamex Operations West, Inc. v. Superior Court which profoundly altered the standard for determining worker classification for the purpose of wage and hour laws. The impact of that decision is likely to...
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...