Posts Tagged ‘employment law’
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 […]
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 […]
ACCOMMODATION NATION
LISTEN Don’t Turn a Deaf Ear to Employee Disabilities The goal of the Americans with Disabilities Act (ADA) “is to ensure that people with disabilities have the same rights and opportunities as everyone else.” Sometimes, however, companies need a not-so-friendly reminder from the Equal Employment Opportunity Commission (EEOC) of their reasonable accommodation obligations for ADA-protected […]
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 […]
CAUTIONARY TALE EPISODE 33
CHOKE THE “JOKES” EEOC Settles Tex-Mex Restaurant Servers’ Sexual Harassment Case for $40,000 The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination and harassment based on sex, including sexual orientation. On August 9, 2019, the EEOC announced the $40,000 resolution of its harassment lawsuit against Virginia-based El Tio Tex- Mex Grill […]
FAHRENHEIT 080
California’s Threshold for Required Heat Illness Safeguards An employer’s obligations to protect outdoor workers from heat-related illnesses starts at 80 degrees Fahrenheit (that’s 26.7 degrees Celsius to be precise). So say California’s Occupational Safety & Health Standards Board (OSHSB) regulations. The regulations incorporate common sense rules for keeping workers safe: Have free, fresh, and “suitably […]