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CAUTIONARY TALE EPISODE 36 IS GIG UP FOR CAR WASH COMPANY?
First AB 5 Suit Challenging Independent Contractor Classification The California Labor Commissioner has filed her “AB 5” first lawsuit — against Mobile Wash, Inc. of Bellflower, CA — for misclassifying more than 100 mobile car washers as independent contractors under the state’s “ABC” test. See, The Mystery of it All – Employed or Independent? California Offers […]
OLDER FOLKS ARE PEOPLE TOO
Expanded Federal Pandemic Guidelines Allow Favorable Treatment for Aged 65-Plus Personnel The U.S. Equal Employment Opportunity Commission’s (EEOC) June 17 update of COVID-related guidelines (June 17 Update) offers first-time protocols for the management of aged 65-plus workers in pandemic times under the Age Discrimination in Employment Act (ADEA). COVID-19’s unprecedented circumstances have led the EEOC […]
CALIFORNIA CORONAVIRUS RESPONSE, UPDATED
Cities and Counties Requiring Paid Sick Leave Above and Beyond Federal Limits The federal Families First Coronavirus Response Act (FFCRA) requires most businesses with fewer than 500 employees to provide emergency paid sick leave benefits for workers affected by COVID-19. For example, covered employers must provide 80 hours of paid sick leave for full-time employees and two weeks of […]
MINISTERS AND MESSENGERS
Supreme Court Removes Discrimination Protections for a Wide Range of Church-Affiliated Employees To a degree, the First Amendment shields religious institutions from government involvement in employment disputes. The U.S. Supreme has recently broadened that protection to potentially place hundreds of thousands of parochial school teachers and other church-affiliated workers outside the reach of workplace discrimination laws. Our […]
CABIN FEVER IN A PANDEMIC
California’s Updated Coronavirus Response On June 28, 2020, Governor Newsom directed bars to close in five counties on the state’s watch list: Fresno, Kern, Kings, Los Angeles, and Tulare. These join two other counties – Imperial and San Joaquin – with bars already subject to such mandatory closings. The state has recommended bar closings in eight other […]
SUMMER PANDEMIC PAY
FFCRA Paid Leave Eligibility for Youth Program Closure The Families First Coronavirus Response Act (FFCRA) provides emergency paid sick leave and additional paid family leave for a worker who must care for his/her child due to COVID-19-related school or other “place of care” closures. Would a summer camp closure qualify? Perhaps. The U.S. Department of Labor (DOL)’s FAQs […]
NO BASE LIKE HOME
When Interstate Transport Workers are Entitled to California Paycheck Protections While each state has the power to set wage and other workplace standards for labor performed within its borders, that authority can blur when truckers and passenger carrier personnel divide their work time between the states. On several suits by pilots and flight attendants, the […]
NOW WHAT?
California Requirements to Avoid Employee Heat Illness in Time of Face Mask With temperatures rising to summer levels in parts of the state, employer obligations to protect outdoor workers from heat-related illnesses, beginning at 80 degrees Fahrenheit, come into force. Areas not yet reaching that threshold should prepare for the heat to come. Particularly with […]
FREE MONEY, DEFINED
PPP Loan Forgiveness Clarified and Expanded The Coronavirus Aid, Relief, and Economic Security (CARES Act) protects small business from COVID-19’s economic impact. Section 1102 of the Act created the Paycheck Protection Program (PPP) to help employers keep their workers on payroll. Qualifying PPP loans may be forgiven up to the full principal amount. See also, […]
WORKPLACE DISCRIMINATION: OLD DEFINITION NEW MEANING
The Supreme Court’s “Unexpected” Expansion of Equal Rights for Gay and Transgender Employees The Civil Rights Act of 1964 is America’s foremost protection against employment discrimination (also known as “Title VII”). Yet, for more than five decades, courts have applied this law to preserve such “equal rights” only for some, and decidedly not for homosexual or transgender persons. No […]