Archive for the ‘I-9’ Category
BACK FROM THE BRINK – FOR NOW
Uber and Lyft’s Last-Minute Reprieve From Order to Convert Drivers to Employees As a San Francisco judge had directed that Uber and Lyft convert their drivers to employees by August 21, 2020, the rideshare giants were ready to shut down their California operations unless the Court of Appeal put that order on hold. See, Traffic […]
OY VEY, NOW WHAT?
Employers Must Use New I-9 Form Starting May 1, 2020 All U.S. employers must verify identity and work authorization for each employee hired within the U.S., including citizens and non-citizens, using “Form I-9, Employment Eligibility Verification” (I-9 Form). Starting May 1, 2020, businesses nationwide must begin using the revised I-9 Form (rev. 10/21/2019). Section 2 […]
THINKING THE UNTHINKABLE
THINKING THE UNTHINKABLE Expanding Federal Post-Pandemic Guidelines for Safeguarding Returning Personnel Perhaps to dream but whether full business revival is prompt or eventual, the U.S. Equal Employment Opportunity Commission (EEOC) today issued expanded pandemic-related guidelines for screening returning employees. As covered in Infection Protection, What Employers Can Ask in a Pandemic (March 25), the EEOC […]
WHAT’S NEW IN 2020 DOT YOUR I-9’S
Revised Employment Eligibility Verification Form I-9 Released January 31, 2020 All U.S. employers must verify 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 Form). The I-9 form directs the employee to present specified documents evidencing identity and employment […]
WHAT’S NEW IN 2020 THAT’S FINAL, TENTATIVELY
Barring Successful Court Challenge, Federal Overtime Exemption Will Require Higher Salaries January 1, 2020 In 2016, the U.S. Department of Labor (DOL) issued a “Final Rule” more than doubling the minimum salary amounts for certain workers – administrative, executive, and professional, employees, as well as “highly compensated employees” (HCE) to qualify for overtime exemption under […]
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 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 […]