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California Mandates COVID-19 Supplemental Paid Sick Leave for Employers Not Covered by the FFCRA

Large employers in California must now comply with a California version of the federal Families First COVID Response Act (“FFCRA”). On September 10, 2020, the California legislature passed Assembly Bill No. 1867 requiring employers with 500 or more employees and health care providers to provide 80 hours of supplemental paid sick leave to employees who […]

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Updated FMLA Forms Released by the DOL for Employers’ Use

The Department of Labor recently released updated FMLA forms that employers can use to notify employees about their FMLA rights and confirm an employee’s leave is for an FMLA qualifying purpose. The updated forms include: (1) a General Notice of FMLA Rights, which can be given to employees upon hire; (2) the FMLA Eligibility Notice […]

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Summer 2020 Under Construction Newsletter – Out Now!

The summer edition of Snell & Wilmer’s Under Construction newsletter is out now! This issue addresses: Recovering Construction Costs For A Virus Outbreak – Shifting the Risk for Unforeseen Epidemic Costs Was Not Allowed; Delay and Disruption Claims in the Time of COVID-19; New Consensus Contract Template Offers Lean Practices to Enhance Design-Build Project Delivery; […]

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Winter 2020 Under Construction Newsletter – Out Now!

The winter edition of Snell & Wilmer’s Under Construction newsletter is out now! This issue addresses: Employees’ Use of Social Media to Complain About Working; Tips for Mediation of the Toughest Construction Disputes; Overview of the ConsensusDocs® 900 Public-Private Partnership (P3) Agreement and General Conditions; The Registrar of Contractors and the Residential Contractors’ Recovery Fund: […]

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New CROWN Laws: Natural Hair and Protective Hairstyles in the Workplace

With the start of the new year, California’s new law prohibiting hair discrimination has taken effect. Although California was the first state to prohibit discrimination on the basis of hair, similar legislation is appearing across the United States. New York and New Jersey have since joined California to prohibit hair discrimination, with New York City and Montgomery […]

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RB
Former Associate

The California Supreme Court Is To Decide the Retroactive Application of the Dynamex Independent Contractor Decision

On November 20, 2019, the California Supreme Court finally agreed to take up the question of whether the landmark Dynamex independent contractor decision applies retroactively. In April 2018, the California Supreme Court adopted the “ABC” test for determining whether a worker is an independent contractor or employee for purposes of certain wage and hour rights. […]

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A New Law Passed Raising the Standard for Classifying Workers as Independent Contractors in California

Since April 30, 2018, when the landmark California Supreme Court decision in Dynamex Operations West, Inc. v. Sup. Ct. (2018) 4 Cal.5th 903 (Dynamex) was issued, companies across the state have questioned whether the ABC independent contractor test adopted in that decision applies to them and/or their workers, how far it may apply, and whether it applies […]

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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 purposes of the Labor Code, unless the hiring entity can prove that: (a) the person […]

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California’s Deadline for Giving Newly Required Sexual Harassment Prevention Training Was Extended

On August 30, 2019, Governor Gavin Newsom signed SB 778 into law. This bill not only clarifies certain aspects of the expanded sexual harassment prevention training requirements but also, and most importantly for many employers, extends the deadline to January 1, 2021 to provide training to nonsupervisory employees and to train supervisors who were not […]

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Revival of Bag Check Suit Suggests Employers Must Pay Employees for Time Spent Undergoing Exit Inspections

Last week, the Ninth Circuit Court of Appeals revived two previously dismissed cases against California employers that claimed that the employers failed to pay workers for time spent undergoing bag inspections before leaving work each day. The Ninth Circuit’s decisions overturned previous rulings that the time spent by employees in post-shift security screens was not […]

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