New California Legislation Makes it More Difficult to Classify Workers as Independent Contractors

California Assembly Bill 5 has been branded as the killer of the gig economy. It adds to the California Labor Code a new test for deciding who is properly classified as an independent contractor. Workers will be considered employees for … Continue reading

Posted in California, Independent Contractor, Snell & Wilmer | Tagged , , ,

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2019 Legislative Changes for California Severance and Settlement Agreements

Employers often find themselves in a bind – they need to let an employee go quickly and they want the employee to sign a release of all claims, so they dust off the severance agreement they used last time around, … Continue reading

Posted in California | Tagged , , ,

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California enacts sweeping legislation designed to address the #MeToo movement

Governor Jerry Brown signed into law four new bills addressing harassment and discrimination in the workplace. Senate Bill 826 mandates that public companies based in California have at least one woman on their board of directors by the end of … Continue reading

Posted in California, Discrimination | Tagged , , , , , ,

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Court Embraces Worker-Friendly Test for Determining Independent Contractor Status Under California Wage Orders, Broadening Definition of “Employee”

On Monday, the California Supreme Court ruled in a unanimous decision to reject 30-year old precedent which focused the inquiry on the amount of control the company exercises over the worker, embracing a new test for determining whether a worker … Continue reading

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Supreme Court Rejects Principle that FLSA Overtime Exemptions Should Be Construed Narrowly

In a 5-4 opinion issued on April 2nd, the United States Supreme Court held that service advisers at car dealerships are exempt from the overtime pay requirement of the FLSA because they are “salesmn . . . primarily engaged in … Continue reading

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NLRB Update: 2015 Joint Employer Standard Revised

In what is seen as a victory for employers, the National Labor Relations Board (the “Board”) issued a 3-2 decision in HyBrand Industrial Contractors, Ltd. and Brandt Construction Co. (“HyBrand”) striking down the joint employer standard stated in Browning Ferris … Continue reading

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Immigration Alert: California Passes Bill Restricting ICE Entering Businesses

On September 14, 2017, California lawmakers passed bill AB 450, dubbed the Immigrant Worker Protection Act, which would imposes various requirements on public and private employers with regard to federal agency immigration worksite enforcement actions. See here. This includes, for … Continue reading

Posted in California, Immigration | Tagged , , ,

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