Employment Law Blogs
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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.
On Thursday, February 27, a motion to suspend the California Assembly Bill 5 (AB 5) was voted down by the State Assembly. How AB 5 affects Freelancers To recap, AB 5 codifies a landmark Supreme Court of California case, Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018), which restricts who can qualify as an independent contractor. In addition to common contractors, this ruling affects freelancer workers. Freelancers are now employees until proven otherwise through the “ABC Test”. But, in response to negative feedback from several freelancers, the author of AB 5 has promised to make changes to [...]
How California's "Stay at Home" Order affects Babysitters and Nannies On March 19th, Governor Newsom issued a “Stay at Home” Executive Order. This mandate states that all nannies and babysitters can only report to work if your household has an essential worker. Essential workers include those working in healthcare, pharmacy, grocery, bank, laundromat, law enforcement, fire department, utilities, etc. Click here for complete list of essential workers. How the Families First Coronavirus Response Act (FFCRA) affect Babysitters and Nannies On March 19th, the White House passed the FFCRA, which includes mandatory Paid Sick Leave. As of April 2nd, Employers must [...]
The coronavirus pandemic grows bigger day by day, bringing a new set of challenges to the workplace. To counter these challenges, employers must make sure they have proper responses in place or risk potential litigation. Companies should employ best practices that focus on employee safety and legal preparedness to avoid any future legal ramifications. Best Practices on Responding to Coronavirus in the Workplace Here are 10 best practices on how employers can legally respond to coronavirus in the workplace. Stay informed on coronavirus developments Ensure clear communication with employees Intensify all hygiene efforts Consider enforcing remote work for employees Impose [...]
The COVID-19 pandemic is touching everyone. Not only are people’s safety being impacted, but their work as well. As COVID-19 hits the economy, businesses are considering drastic measures to stay afloat, including furlough or laying off employees. What is Lay Off? Lay off is a permanent dismissal of an employee. Employees who are laid off may receive a severance package and may be able to continue their health coverage through COBRA. What is Furlough? Furlough is a temporary suspension from work without pay. It can also mean a reduction in work hours. Employees who are furloughed usually get to return [...]
On Wednesday, March 18th, President Trump signed the Families First Coronavirus Response Act (H.R. 6201) into law. This new legislation aims to address the economic fallout that workers have experienced as a result of the COVID-19 outbreak. This economic plan includes many provisions that employers must be aware of, such as paid sick leave for employees impacted by COVID-19 and those serving as caregivers for individuals with COVID-19. To guide employers on what changes to expect, here’s a breakdown summarizing the main provisions of the Families First Coronavirus Response Act. Families First Coronavirus Response Act’s Important Provisions Three key provisions [...]
A common challenge most small and medium sized businesses face is determining how to classify an employee. For small and medium sized businesses, cost is an ever-present concern. The biggest costs are employees. As such, knowing how to classify employees—whether as a W-2 worker or 1099 independent contractor—is essential. What’s the difference? A W-2 employee is a worker who receives a regular wage and employee benefits, such as health and dental insurance or unlimited paid time off, from the company. W-2 employees also receive state and federal protections along with specific federal or state benefits. These benefits include tax withholding's, [...]