Employment Law Blogs
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The California Supreme Court’s landmark decision The California Supreme Court’s landmark decision in Dynamex Operations West v. Superior Court, 4 Cal. 5th 903 (2018) drastically limited the types of employees who could lawfully be independent contractors. Less than a year later, there have been real-world effects on industries like hairdressing, trucking, and…. Stripping. Yes, stripping. Many exotic dancers had been working as independent contractors rather than as employees. But last week, the Los Angeles Times reported that the Dynamex decision has removed strippers’ ability to choose whether they want to remain independent contractors. https://www.latimes.com/business/la-fi-dynamex-contractors-20190223-story.html ABC Test Under Dynamex’s new
Complications for Employers of In-Home Caregivers More Contractor Complications: Duffey v. Tender Heart and In-Home Caregivers California law regarding independent contractors has been evolving rapidly ever since the California Supreme Court reversed decades of precedent last summer in Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). This caused complications for employers of in-home caregivers. That case further restricted employers’ ability to classify hourly-paid, non-exempt workers as independent contractors. However, it was also intended to apply to those workers covered by the IWC Wage Orders, with their requirements for overtime, meal and rest breaks, etc. Duffey v. Tender Heart
California Employers Now Owe Reporting Time Pay for On-Call Shifts On February 4, 2019, the California Court of Appeal found that a retailer owed its employees for “on-call shifts” where they never came in to work. Irvine-based retail chain Tilly’s told their employees to call in two hours before a shift to find out if they were needed. The court in Ward v. Tilly’s, Inc., No. B280151, found Tilly’s owed reporting time pay for the time employees spent calling in. Tilly’s scheduled its employees for three types of “on-call” shifts: (1) Employees had scheduled regular shifts and on-call shifts
Do your employees commute? Are you in a type of business where your employees are constantly changing their work-site? Does that leave you wondering whether you have to pay your employee’s travel time to and from work? You may also be wondering about your obligations regarding mileage reimbursements. A California court of appeal recently addressed this issue in Hernandez v. Pacific Bell Telephone Co., CO84350 (11/15/2018). Commuting Time to Office or Job Site At Pacific Bell Telephone Co., Pacific Bell initially required employees to report to a Pacific Bell garage each day. When they arrived at the garage they
LEGAL ISSUES AND CONCERNS RELATED TO PERSONALITY TESTING IN THE HIRING PROCESS Finding the perfect employee is not an easy task in today’s competitive market. Employers used to settle for standard job applications. These days employers are using various selection and auditioning methods during the interview process. One of these methods is requiring job candidates to undergo personality tests which provides certain benefits. However, you must carefully weigh the risks associated with such a recruitment practice. ADA, Title VII & ADEA Violations Personality testing has the potential of violating the Americans with Disabilities Act (“ADA”), Title VII of the Civil Rights
California's New Sexual Harassment Training Requirements It’s been just about a year since the Harvey Weinstein allegations hit the press. Accordingly the #MeToo movement shows no sign of stopping. The shockwaves however, are not just limited to just Hollywood. Sexual harassment has been on the minds of California legislators as well. Sexual harassment prevention training requirements for California employers, evidenced by Senate Bill 1343, changes the requirements. Prior to the passage of SB 1343, state law required that employers with at least 50 employees comply with sexual harassment training. This included providing two hours of sexual harassment training to all supervisory