Archive for the ‘employee’ Category
“AT WILL” EMPLOYMENT A THREE-MINUTE HISTORY
A concept born with the 1800s Industrial Revolution , “at will” employment is proclaimed to survive in every American state except Montana as the right of either employer or employee to terminate their relationship for any or no reason at any time, with or without advance notice. Yet, the principle has changed significantly over the […]
ROADKILL
Federal Court Denies Uber Request to Stop AB5 In a blow to the gig economy, a Los Angeles federal court has ruled that Uber, Postmates and two individual plaintiffs are unlikely to succeed on their constitutional challenges to AB5. Olson v. State of California (Olson). While noting the potential harm Uber and the other plaintiffs […]
THE MYSTERY OF IT ALL
Lony Chaney, 1920 Employed or Independent? California Offers AB5 Answers The hottest California employment question of late: do independent contractors still exist? The California Supreme Court’s 2018 Dynamex decision turned independent classification on its head, imposing a strict “ABC” contrary to decades of law and custom. The legislature followed suit with Assembly Bill (AB) 5, […]
BLACK HISTORY MONTH: DREAM + COURAGE = REALITY
Asa Philip Randolph, 1963 March on Washington, August 28, 1963, Leads to the First National Anti-Discrimination Protection Over 200,000 demonstrators took part in the August 28, 1963 March on Washington for Jobs and Freedom. The event’s impact – famously known for Dr. Martin Luther King Jr.’s “I Have a Dream” speech – lead to the […]
WHAT’S NEW IN 2020 ROAD TRIP DIP
IRS Mileage Rate Down a Half Cent Effective January 1, 2020 The Internal Revenue Service has announced its 2020 optional standard mileage reimbursement rate for employee business use of a personal vehicle, effective January 1, 2020, decreasing from 58 to 57.5 cents. These rates stem from annual government studies of fixed and variable automotive operating […]
PAYDAY MAYDAY
Read the Fine Print: Payroll Companies Not Responsible for Employer Compliance Many employers mistakenly presume they can depend on their payroll companies for legally compliant services. The fine print will almost certainly establish otherwise. Unfortunately, more than a few businesses have learned this lesson the hard way. It is common for payroll service providers to […]
WHAT’S NEW IN 2020 FREEDOM OF EXPRESSION
Higher Workplace Standards to Assist Lactating Moms Since 2002, California has required employers to provide their lactating employees with reasonable time and adequate space to express breast milk. Effective January 1, 2020, Senate Bill (SB) 142 requires a clean, private and safe workplace location for the activity and a written lactation accommodation policy. Significant penalties […]
WHAT’S NEW IN 2020 TIME’S UP, EXTENDED
Longer Three-Year Deadline For Initiating Discrimination Claims Targets of workplace discrimination, harassment and retaliation prohibited by California’s Fair Employment and Housing Act (FEHA) now have three years (up from the previous one year) to file a claim with California’s Department of Fair Employment and Housing (DFEH) against the subject employer. A person claiming such wrongful […]
WHAT’S NEW IN 2020 CALIFORNIA PROHIBITS MANDATORY EMPLOYEE ARBITRATION AGREEMENTS
Arbitration is a form of private dispute resolution that takes the place of a lawsuit and court trial. Arbitration has many business-related advantages, including a more efficient, less-public process than the often-prolonged procedures of the court. Thus, employers often favor this alternative. California Labor Code section 432.6, effective January 1, 2020 as part of Assembly […]
WHAT’S NEW IN 2020 CALIFORNIA MINIMUM WAGE RATES
On January 1, 2020, California minimum wage will increase to $12.00 for small employers with 25 or fewer employees and to $13.00 per hour for larger employers with 26 or more employees. These rates continue to increase annually until they reach $15.00 per hour in 2022 for larger employers and in 2023 for those with […]