Employment Law Blogs
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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 Los Angeles (2018) 4 Cal.5th 903). In the Dynamex case, the California Supreme Court determined that the stringent, three-pronged “ABC Test” must be used to determine worker classification in wage-order claims. Further, AB5 expands the use of the three-pronged “ABC” test to cover the entire
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 a worker as an independent contractor only if the hiring business satisfies certain conditions. However, starting 2020, AB5 will expand the test to cover the entire Labor Code and Unemployment Insurance Code, as well as exempting certain occupations. With California signing AB5 into law, the
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 violations. The plaintiff class members worked at McDonald’s franchises operated by the Haynes Family Limited Partnership. They alleged being denied overtime premiums, meal and rest breaks, and other benefits of the California Labor Code. The Haynes-operated franchises hired its employees, trained new employees, set wages
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 gray area. Getting to the Worksite: When Is Travel to Work – By Bus or By Foot – Compensable? An employer who provides bus transportation from a set location to the worksite and who makes that transportation mandatory must pay for the employee’s time spent
Must Your Website Be ADA Accessible? Domino’s Pizza LLC v. Robles 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. Now one such case, filed by a blind man against Domino’s Pizza, may be headed to the United States Supreme Court. Although online ordering has been part of mainstream American life for some time,
AB 5: What You Need to Know 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 Dynamex Operations West v. Superior Court, 4 Cal. 5th 903 (2018). Under this standard, an employer seeking to classify a worker as an independent contractor must prove (A) that the worker is free from the hirer’s control and