As the holidays are approaching, now is a good time to go over the rules regarding holidays and pay. As a general rule, many employers in California give employees either the day off with pay (“paid holiday”) or give extra pay for hours worked similar to overtime pay (“holiday pay”). However, neither federal law, nor [...]
Gov. Gavin Newsom recently signed legislation, Assembly Bill 5 (AB5), into law which, effective January 1, 2020, could potentially reclassify millions of independent contractors as employees and significantly reform the future of independent workforces in California. AB5 codifies the landmark April 2018 decision in the Dynamex case (Dynamex Operations West, Inc. v. Superior Court of [...]
I was invited as a guest on Exit Coach Radio to discuss the newest employment law changes for California employers to know, focusing particularly on the most important of all – AB5. AB5 codifies and expands the Dynamex “ABC” test. Currently, the Dynamex test considers all workers to be employees and permits the classification of [...]
In a class action brought forward by 1,400 McDonald’s employees in the Bay Area, the 9th U.S. Circuit Court of Appeal ruled in favor of McDonald’s. The Court concluded the international fast-food chain is not a joint employer of its franchisees’ workers, meaning it will not be held liable for a franchisee’s wage and hour [...]
Most California employers are aware of compensable time laws and know by now that employees must be paid for all time worked. But there are several types of pre- and post-shift tasks that could qualify as “time worked.” California law holds that employers must pay for this time, but some activities fall within a legal [...]
When most people think of the federal Americans with Disabilities Act (ADA), 42 U.S.C. section 12101, they think of accessibility of places - of accessible parking spaces, doorways, and bathrooms. But the latest explosion in ADA litigation is from plaintiffs suing company websites for not containing the coding necessary to work with assistive technology. [...]
A new California law codifies the new independent contractor standard set by the California Supreme Court in Dynamex, with some new exceptions. AB 5 was signed into law on September 18, 2019. Here are its key provisions: First, AB 5 enacts as law the “ABC” test for independent contractors set forth in 2018 in [...]
Companies seem to be following two paths when it comes to their HR departments and functions. The first path is toward greater outsourcing and automation. The second path is almost the opposite - toward reintegration of HR and management, with managers taking a more active role in employee development. The first type - companies [...]
What Are They, and When Should You Use Them? The internet is filled with articles claiming that Performance Improvement Plans (PIPs) are essentially a joke. That they are designed to “improve” nothing, but are actually meant to signal to everyone involved that this employee is going to be fired. Many commentators, including employers and [...]
On July 22, 2019, the Ninth Circuit vacated its decision in Vazquez v. Jan-Pro Franchising International, Inc., 923 F.3d 575 (9th Cir. May 2, 2019). The May Jan-Pro decision had held that the “ABC” test for independent contractor status mandated in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018), applied retroactively. [...]
