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

Posts Tagged ‘At Will 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 […]

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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 […]

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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 […]

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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.  […]

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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. 

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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 […]

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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 […]

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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 […]

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CAUTIONARY TALES EPISODE 35

OVER THE BORDERLINE State Agency Settles Sex and National Origin Discrimination Case for $450,0000 On July 26, 2019 the California Department of Fair Employment and Housing (DFEH) announced the $450,000 settlement of a sexual harassment, national origin and retaliation case against Pioneer Pines Mobile Home Park. The complainant, a female employee of Mexican descent who […]

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IMMIGRATION NATION

EMPLOYMENT ELIGIBILITY VERIFICATION FORM I-9 EXPIRES AUGUST 31, 2019 The federal government requires all U.S. employers to 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 […]

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