Employment Law Blogs
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Ninth Circuit Ruling: Dynamex is Retroactive This May, in Vazquez v. Jan-Pro Franchising International, Inc., 923 F.3d 575 (9th Cir. May 2, 2019), the Ninth Circuit Court of Appeal held that the California Supreme Court’s landmark independent contractor decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal.5th 903 (2018), applies retroactively. This means that companies who classified their workers as independent contractors pre-Dynamex, based on the pre-Dynamex legal standard (the multi-factor test in S.G. Borello & Sons, Inc. v. Department of Industrial Relations, 38 Cal. 3d 341 (1989)), are now vulnerable to misclassification lawsuits.. Background on Jan-Pro’s
Compensable Time Before and After Work: California Supreme Court to Decide Key Cases Most California employers 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
As a California employer, you have a number of obligations with regard to paying your employees, including minimum wage and overtime requirements, wage statements, and payroll taxes. One additional obligation that you may encounter is a wage garnishment order, or wage assignment order. A wage garnishment order is an order which requires you to withhold a portion of an employee’s wages and send it directly to the person named in the order. There are many different reasons your employee’s wages may be garnished. An employee’s wages may be garnished if a creditor has successfully obtained a judgment against the employee
Most employers know by now that they must take steps to prevent and penalize harassment and discrimination based on race, gender, religious beliefs, disability, and other protected categories. But “anti-bullying” may sound like a concept that belongs in junior high or high school, and not in a business. Employment lawyers know (and often have to explain to their non-lawyer friends) that “hostile work environment” is a legal term of art referring to a subset of discrimination based on protected categories - not a catchall term that makes it illegal for a coworker or a boss to be a complete
Vendor Compliance and Joint Employer Liability: How to Make Sure Your Vendor’s Employees Don’t Become Yours Many employers choose to “outsource” a portion of their labor force to vendors, contractors, or staffing agencies. Vendor employees can include janitors, technicians, data entry clerks, and all manner of temporary workers. If your company contracts with vendors to provide any workers for your business, do not simply assume you have no responsibility for these workers’ wages and hours under the California Labor Code. Depending on the relationship between you and the vendor’s workers, you could be liable as a “joint employer” in a
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. LA Times Story ABC Test Under