Posts Tagged ‘california labor laws’
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.
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 […]
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 […]
CAUTIONARY TALE EPISODE 34
DON’T BE COLD TO THE OLD Google Settles Age Discrimination Case for $11 Million Federal age discrimination protections, including the Age Discrimination in Employment Act of 1967 (ADEA), apply to companies with 20 or more on payroll. California’s workplace anti-discrimination law, the Fair Employment and Housing Act (FEHA), applies to employers with five or more […]
COMFORT IS NOT A LUXURY
Protections for People Needing Assistive Animals A recent settlement extends California’s Fair Employment and Housing Act (FEHA) disabilities protection to rental applicants seeking to move in with emotional support pets. In a complaint filed with the Department of Fair Employment and Housing (DFEH) against Adams West Associates, Ltd. and Bedford Group of Companies, LLC, a […]