Employment Law Blogs2021-02-04T14:33:23-08:00

Employment Law Blogs

Keeping you up to date.

Let Hackler Flynn Law keep you up to date on new California employment laws and regulations. We post frequently to keep our clients up to date so be sure to check back often.

Prop 22 Ruled Unconstitutional, Appeal Expected

California’s worker landscape has significantly changed in the age of AB5. Many workers have forcibly been reclassified as independent contractors to stay compliant with the new standard set forth in Assembly Bill 5, but this has just led to a rise in misclassification suits for many employers. We don’t expect this increase to stop any time soon, especially in light of the recent ruling deeming Prop 22 as unconstitutional. What is Proposition 22? Proposition 22 reclassifies app-based drivers as independent contractors instead of employees, providing them with fewer labor protections under state law. Under this law, app-based drivers are [...]

By |September 2nd, 2021|Categories: Lawsuits|

Worker Classification 101 for Non-Profits

There has been a growing number of misclassification suits filed within a myriad of industries, the non-profit industry included. Although legislation has made an attempt to make compliance easier for employers, worker classification is still a major issue that many nonprofit organizations face due to its complex landscape. For those looking to gain a better understanding of non-profit worker classification, we break down the implications of classifying workers as independent contractors, exempt employees, and non-exempt employees. Why Is Worker Classification Important? Employee classification is a hot topic among nonprofits nationwide due to its complex nature. Because many nonprofits hire [...]

By |August 18th, 2021|Categories: Employment Law|

2021 California Meal and Rest Break Premiums

California employers have updated meal and rest break premiums to abide by. The California Supreme Court recently clarified the correct methodology for calculating the payment of meal and rest break premiums, which pivots away from the long-assumed “typical hourly rate”. To navigate this recent decision, we break down what employers need to know about meal and rest breaks and how they should prepare moving forward. California's Meal and Rest Break Law In a past decision, the Second Appellate District ruled in favor of the employer and determined that meal and rest period premiums only had to be paid at [...]

By |July 28th, 2021|Categories: Employment Law|

5 Employee Benefits Employers Must Offer

Employees work hard for more than just the money; they want to know what employers are bringing to the table. As the economy reopens and employees seek more employment opportunities to fit their lifestyle, employers will need to go beyond a “good” salary. If employers want to attract - and retain - the best talent, they’ll have to reassess the employee benefits they are currently offering. Wondering what type of benefits today’s employees look for? Here’s a list of the five most important benefits employers must offer to stay relevant. Benefit #1: Full-Time Flexible Work This may seem obvious, [...]

By |July 14th, 2021|Categories: Uncategorized|

Cal/OSHA Updates COVID-19 Guidance For Employers

On June 3, 2021, the California Occupational Safety and Health Standards Board (Cal/OSHA) revised the COVID-19 Emergency Temporary Standards (ETS) in response to workplaces reopening. Read on to learn more about the updated Cal/OSHA regulations that will affect California employers. New Cal/OSHA COVID-19 Prevention Updates As workplaces transition from work-from-home to in-person work, Cal/OSHA opted to revise the COVID-19 Prevention guidance, which was signed by Governor Gavin Newson to take immediate effect on June 17, 2021. The revised ETS not only aligns with CDC and California Department of Public Health (CDPH) guidelines but also with the end of the [...]

By |July 6th, 2021|Categories: Employment Law|

Should Employers Mandate Workplace Vaccinations?

As COVID-19 vaccinations roll out and restrictions lift, workplaces are beginning to transition from work-from-home to in-person; however, many employees are hesitant to return to the office. In order to keep their businesses and employees safe and healthy, many employers are contemplating whether they should mandate workplace vaccinations as offices open up. Today, we discuss what employers need to know about mandating COVID-19 vaccinations in the workplace. COVID-19 Vaccination Overview There are currently three COVID-19 vaccines available in the USA: Pfizer-BioNTech, Moderna, and Johnson & Johnson. Both Pfizer-BioNTech and Moderna are two-dose vaccines that have become available to the [...]

By |June 21st, 2021|Categories: Uncategorized|