Posts Tagged ‘employment law’
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” […]
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 […]
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 […]
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 […]
CAUTIONARY TALE EPISODE 37
Dalit girl, Andhra Pradesh, India, May 12, 2005 Photo from Wikimedia Commons Published without changes under the Creative Commons Attribution-Share Alike 2.0 Generic license. WORKPLACE CULTURE CLASH CALIFORNIA CHALLENGES CISCO SYSTEMS FOR COLOR (“CASTE-BASED”) DISCRIMINATION On June 30, 2020, the California Department of Fair Employment and Housing (DFEH) filed suit against Cisco Systems, Inc. (Cisco) […]
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 […]
TRAFFIC SLAMMING
New Fronts on California’s War Against Uber and Lyft Uber and Lyft have successfully battled suits seeking to prevent the companies from classifying their drivers as independent contractors, until now. On August 10 – in a misclassification action pending in San Francisco – the court issued a preliminary injunction requiring Uber and Lyft to convert […]
WORKPLACE DISCRIMINATION IN A PANDEMIC
California’s Updated COVID-19 FAQs Call for Careful Decision Making California employers must follow COVID-19 health and safety guidances including those from the federal Centers for Disease Control (CDC), the California Department of Public Health, and the California Division of Occupational Safety and Health (Cal/OSHA). Employers with five or more on payroll must also avoid violating […]
MINISTERS AND MESSENGERS
Supreme Court Removes Discrimination Protections for a Wide Range of Church-Affiliated Employees To a degree, the First Amendment shields religious institutions from government involvement in employment disputes. The U.S. Supreme has recently broadened that protection to potentially place hundreds of thousands of parochial school teachers and other church-affiliated workers outside the reach of workplace discrimination laws. Our […]
SUMMER PANDEMIC PAY
FFCRA Paid Leave Eligibility for Youth Program Closure The Families First Coronavirus Response Act (FFCRA) provides emergency paid sick leave and additional paid family leave for a worker who must care for his/her child due to COVID-19-related school or other “place of care” closures. Would a summer camp closure qualify? Perhaps. The U.S. Department of Labor (DOL)’s FAQs […]