Legal updates
INDEPENDENT CONTRACTORS…What Now?
As we reported previously, the California Supreme Court, on April 30, 2018, ruled in the Dynamex v. Superior Court case that to properly classify a worker as an independent contractor, as opposed to a W-2 employee, they must meet the strict new “ABC” test. Recently...
read moreHAIRSTYLES ARE NOW PROTECTED CLASSIFICATIONS OF RACE
On July 3, 2019 California became the first state to ban workplace and school discrimination against the wearing of hairstyles such as braids, twists and locks when Gov. Gavin Newsom signed into law SB 188. This new legislation aims to create a respectful and open...
read moreNew California Family Rights Pregnancy Disability & New Parent Leave Poster Requirement
New California Family Rights Pregnancy Disability & New Parent Leave Poster Requirement- April 1, 2019 The Department of Fair Employment and Housing has updated its poster on the California Family Rights Act and Pregnancy Disability Leave to include information about...
read moreEmployers Beware ….“On-Call” Time May Be Considered Paid Time
In a recent California Court of Appeal decision, the Court held that employees scheduled for “on-call” or “call-in” shifts may be entitled to “reporting time pay” even if the employee does not physically report to work. Summary of the Facts The employer, Tilly’s, is a...
read moreNew California Poster Required
The Department of Fair Employment and Housing (DFEH) publishes posters that provide information to employers and employees pertaining to California’s civil rights laws. These posters must be displayed in the workplace. The DFEH also publishes several brochures and...
read moreHoliday Celebrations: Eat, Drink, Be Merry But… BEHAVE YOURSELF
As the holiday season approaches and as we look forward to celebrating with our friends and colleagues, employers must keep in mind the "do's and don't's" of office holiday parties. With some careful planning employers can avoid or minimize the post-holiday party...
read moreNew Protections Against National Origin Discrimination
NEW PROTECTIONS AGAINST NATIONAL ORIGIN DISCRIMINATION The California Fair Employment and Housing Council (FEHC) recently issued new regulations that provide a more detailed definition of “national origin” and “national origin groups”. The new regulations also set...
read moreRecently Passed and Pending Legislation to Watch
RECENTLY PASSED LEGISLATION DEFAMATION SUITS & SEXUAL HARASSMENT CLAIMS Governor Brown has recently signed Assembly Bill 2770 entitled Privileged Communications: communications by former employer: sexual harassment. AB 2770 (Irwin; D-Thousand Oaks). This bill takes...
read moreInterns…To Be or Not to Be…Paid
INTERNS...TO BE OR NOT TO BE ... PAID As the summer months approach, many students will begin looking for work and some will offer to work for free as an “unpaid” intern, to gain experience in their chosen field. Employers beware as there are very few instances in...
read moreThe New “ABC’s” of Independent Contractor Status
THE NEW “ABC’S” OF INDEPENDENT CONTRACTOR STATUS As California employers are well aware, the issue of whether a worker is properly classified as an “employee” or an “independent contractor” has long been a concern. Misclassification can lead to potential legal...
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