Archive for the ‘employee’ Category
BULLET DODGING PART 6
Real Estate Agent Exemptions From Stringent Limits on Independent Contractor Status New Labor Code 2750.3(d), effective January 1, 2020 as part of Assembly Bill (AB) 5, exempts real estate licensees, regulated under the Business & Professions Code (B&P), from the strict Dynamex ABC test for independent contractor classification. See, Dodging the Bullet (October 2019). Labor […]
WHAT’S NEW IN 2020 THE ROAD TO INFANT IMMORTALITY
Expanded State Approval Powers Over “Baby” Entertainers California has long regulated the “employment” of infants in the movies. Labor Code 1308.8 bans babies under 15-days old while requiring physician certification for our “older” new arrivals (aged 15-days to “under one month”) to work on any “motion picture set or location.” Beginning January, 2020, Assembly Bill […]
BULLET DODGING PART 5
The Referral Agency Exception To California’s Strict Independent Contractor Definition When new Labor Code section 2750.3(g) goes into effect on January 1, 2020 as part of Assembly Bill (AB) 5, certain types of referral agencies may be able to avoid classifying associated service providers as employees under the uber-strict Dynamex ABC standards. See, California’s Independent […]
BULLET DODGING PART 4
Building Subcontractors’ Exemption From the Strict New Limits on Who is “Independent” When new Labor Code section 2750.3(f) goes into effect on January 1, 2020 as part of Assembly Bill (AB) 5, it will be possible for builders to exempt their sub relationships from the new highly restrictive Dynamex ABC standard for independent contractor classification. […]
BULLET DODGING PART 3
Effective January 1, 2020, a portion of Assembly Bill (AB) 5 — new Labor Code section 2750.3(e) — exempts bona fide business-to-business contracting relationships from the ultra-strict Dynamex “ABC” test for independent contractor classification.
BULLET DODGING PART 2
California’s “Professional Services” Exemption To Strict Independent Contractor Definition Licensed Beauticians Among the Eligible The product of Sacramento politics, specific “professional services” occupations will be exempted from the rigid “Dynamex ABC” standard for classifying independent contractors, California Labor Code 2750.3, effective January 1, 2020 (part of Assembly Bill (AB) 5). See, Dodging the Bullet (October […]
DODGING THE BULLET
The Industries and Professions Not Subject to California’s New Independent Contractor Restrictions Effective January 1, 2020, Assembly Bill (AB) 5 will dramatically extend the ultra-strict Dynamex “ABC” test for independent contractor classification. See, California’s Independent Contractors, Endangered Species? (October, 2019). However, a portion of AB-5, to become Labor Code section 2750.3(b), exempts several specific industries/licensed […]
CALIFORNIA’S INDEPENDENT CONTRACTORS
An Endangered Species by Newly Enacted “AB 5” Until April 2018, the 11-factor balancing test in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (California Supreme Court) had long applied to classifying workers as employees or independent contractors. That court then dramatically changed the rules in Dynamex Operations West, Inc. v. Superior […]
BOSS SAUCED
Senior Managers Must Prevent Supervisor Harassment, Discrimination It is illegal for employers to discriminate against or harass employees because of age, national origin, and other protected classifications. An employer that terminates an employee for such reasons can anticipate a lawsuit for wrongful termination. Also, an employee resignation due to a discriminatory work environment created or […]
NO FLY ZONE APPROACHING
October, 2020 “REAL ID” Requirements For Air Travel Will Not Impact Employment Eligibility As covered in Immigration Nation (August, 2019), the federal government requires all U.S. employers to verify both identity and work authorization for each employee hired within the U.S., including citizens and non-citizens, using “Form I-9, Employment Eligibility Verification” (the I-9 Form or […]