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SAVED BY THE PROP
Voters Pass Proposition 22; A Reprieve for California’s Gig Economy 58 percent of California voters have approved Proposition 22, allowing Uber, Lyft, PostMates, DoorDash, Instacart, and other gig economy companies to continue classifying their workers as independent contractors. Effective immediately, such drivers are no longer subject to the rigid ABC test first issued in California […]
THE VOTERS HAVE SPOKEN
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WHAT’S NEW IN 2021 CALIFORNIA’S NEWEST INDEPENDENT CONTRACTOR LAW PART 5
New “Music and Entertainer” Exemption from the Strict “ABC” Test In response to more than a year of meetings, fact-findings and discussions between legislators and the music industry, AB 2257 and new Labor Code 2780, effective September 4, 2020, provide a new music and entertainment industry exemption from the strict “ABC” test for independent contractor classification. Now eligible to […]
LIVE AND LET LIVE
Preventing Political Backlash In the Workplace California employers must not discriminate or retaliate against workers based on political activities, affiliations or speech. California Labor Code section 1101 bans employers from making, adopting or enforcing any rule, regulation or policy that: (i) forbids or prevents employees from engaging or participating in politics, including running for public office; or (ii) […]
WHAT’S NEW IN 2021 CALIFORNIA’S NEWEST INDEPENDENT CONTRACTOR LAW PART 4
Amateur Umpires and Referees Among Expanded “Specified Occupations” Exceptions to Strict Test Purely a product of the political process, Assembly Bill (AB) 2257– through Labor Code section 2783 – has expanded exemptions from the severe “ABC” independent contractor classification test for specific industries/licensed professionals. See, Dodging the Bullet – The Industries and Professions Not Subject to California’s New Independent Contractor Restrictions (October 9, 2020). […]
CAUTIONARY TALE EPISODE 38 FOOD FOR SECOND THOUGHT
Cal/OSHA Fines Supermarkets For COVID-19 Violations On September 30, 2020, Cal/OSHA announced substantial fines against five Los Angeles area supermarkets for failing to update their safety measures adequately to protect their workers from COVID-19. The fined markets, all owned by Kroger Company, were Ralphs stores in Culver City, West Hollywood, Sherman Oaks, and Studio City, […]
WHAT’S NEW IN 2021 CRIME LEAVE SPREADING
California’s Broader Protections for Victim-Related Employee Time Off Effective January 1, 2021, California workers will have expanded protection for crime victim-related leaves. Assembly Bill (AB) 2992. Labor Code section 230 currently prohibits any employer, regardless of size, from terminating, discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking, […]
WHAT’S NEW IN 2021 CALIFORNIA’S NEWEST INDEPENDENT CONTRACTOR LAW PART 3
“Fine Artists” and Other Clarified and Expanded Professional Services Exemptions Out of Sacramento’s political process has come passage of AB 2257 and new Labor Code 2778, effective September 4, 2020, providing a broader list of professional services exemptions from the rigid “ABC” test for independent contractor classification. See, Bullet Dodging Part 2 – California’s “Professional Services” […]
PANDEMIC EMERGENCY LEAVE
“Families First” Rules Continue to Evolve In response to a recent New York court ruling more favorable to employees, the Department of Labor (DOL) reaffirmed, revised and/or further explained the Families First Coronavirus Response Act (FFCRA) rules and frequently asked questions. Effective September 16, 2020 the regulations clarify: Leave Available Only When Work Available: Any type […]
WHAT’S NEW IN 2021 INDUSTRY SUFFOCATION ORDERS
California’s Safety Agency Now With Pandemic “Imminent Hazard” Shutdown Powers Sacramento continues to equip the state’s Division of Occupational Safety and Health (Cal/OSHA) with expanded powers in these days of COVID. Assembly Bill (AB) 685 (Labor Code 6325(b)), effective for two years from January 1, 2021, enables the agency to shut down any business operation or place […]