Posts Tagged ‘At Will employment’
KNOW YOUR BOUNDARIES
New Employer Restrictions on Hiring Notices and Interviews Starting July 1, 2020 California law prohibits discrimination against applicants and employees for their membership in any protected class, including religious creed, disability and age (40+). The California Fair Employment and Housing Council (FEHC) has issued new regulations effective July 1, 2020, to better protect such individuals. Advertisements. The […]
“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 […]
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 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 […]
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 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 […]
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.