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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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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 … Continue reading
Posted in California, Independent Contractor, Snell & Wilmer
| Tagged California, Classification, Employees, Independent Contractor
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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 California, Employees, Settlement Agreement, Severance
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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 #metoo, Gov. Brown, new legislation, Senate Bill, Settlement Agreement, Sexual Abuse, Sexual Harassment
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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
Posted in California, Independent Contractor, Pay
| Tagged California Supreme Court, Classification, Misclassification
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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
Posted in FLSA, Pay
| Tagged Automobiles, Exemption, Ninth Circuit, Overtime, SCOTUS, Wages
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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
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 ICE, Immigration Update, USCIS, Worksite Enforcement
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