Employment Law « Law Offices of Timothy Bowles | Top Employment Law Firm in Los Angeles

Archive for the ‘Employment Law’ Category

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 […]

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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” […]

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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 […]

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NEW YEAR’S RESOLUTIONS START NOW

Secure Employee Handbook, Forms & Policies With 2021 Updates­­­ By the California legislature’s measure, the profound pandemic-driven changes on workplace legal standards will not be slowing in 2021. In the run-up to its September 30 deadline, Sacramento has churned out a slew of new laws affecting management and workers alike in the upcoming new year. […]

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UPDATE CALIFORNIA COVID PLAN B

Tier assignments as of August 31, 2020 “Blueprint” Workplace Return Improving Conditions Statewide California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe, or the “Blueprint for a Safer Economy,” effective August 31, 2020, is the state’s second major attempt at statewide business pandemic recovery guidelines.  See, California COVID […]

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WHAT’S NEW IN 2021 CALIFORNIA’S NEWEST INDEPENDENT CONTRACTOR LAW PART 2

Revised Referral Agency Exception Effective September 4, 2020, Assembly Bill (AB) 2257 and Labor Code section 2777 broaden  the “referral agency” exception to the state’s strict “ABC” definition of independent contractors. A referral agency is a “business that provides clients with referrals for service providers to provide services under a contract,” other than the specific […]

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COVID’S CONSTANT? … CHANGE

E.E.O.C.’s Expanded Guidelines on Screening, Testing and Pandemic Management The Americans with Disabilities Act (ADA) includes an employee’s right to maintain the privacy of his or her medical information notwithstanding any ailment that might limit that person’s ability to perform essential job functions. However, the pandemic’s new “abnormal” quickly led the federal Equal Employment Opportunity Commission […]

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WHAT’S NEW IN 2021 CALIFORNIA’S NEWEST INDEPENDENT CONTRACTOR LAW PART I

Revamped Business-To-Business Exceptions  Effective September 4, 2020, Assembly Bill (AB) 2257– through Labor Code section 2776 – modifies and expands exemptions for bona fide business-to-business contracting relationships from the severe ABC independent contractor test. The more-forgiving Borello multi-factor balancing test will continue determine contractor vs. employee status for such associations. A business entity providing services […]

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GAGGING THE GIGS, PLAN B

California Remodels Exceptions to Its Strict Independent Contractor Test Beginning with the California Supreme Court’s Dynamex Operations West, Inc. v. Superior Court decision (April, 2018) and continuing with the passage of AB 5, effective January 1, 2020, state policymakers have sought to limit the definition of “independent contractors” under a severe ABC test. The trend […]

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CALIFORNIA COVID PLAN B

Source: California All; Blueprint for a Safer Economy https://covid19.ca.gov/safer-economy/ Updated September 4, 2020 “Blueprint for a Safer Economy” For a Tiered Return to the Workplace A month into California’s first attempt at loosening commercial restrictions (the “Pandemic Resilience  Roadmap”), a July 13, 2020 public health order required all counties to again close indoor operations for dine-in […]

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