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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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Fall 2019 Under Construction Newsletter – Out Now!
The fall edition of Snell & Wilmer’s Under Construction newsletter is out now! This issue takes a look at: Does an employer have to compensate an employee who gets injured on the way to work, even if it’s not on … Continue reading
Posted in California, Independent Contractor, NLRB
| Tagged ABC Test, Colorado, Dynamex, Registrar of Contractors, Under Construction
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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 … Continue reading
Posted in California, Independent Contractor, Snell & Wilmer
| Tagged California, Classification, Employee Benefits, ERISA
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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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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 … Continue reading
Posted in California
| Tagged California, Employees, Sexual Harassment, Training
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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 … Continue reading
Dynamex Impact on California Businesses – Revisiting Dynamex One Year Later
It has been more than a year since the California Supreme Court issued its landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, setting forth a new test for determining whether a worker is properly classified as an … Continue reading
Posted in California, Independent Contractor, Snell & Wilmer
| Tagged California, Employees, Wages
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Dynamex Applied Retroactively By The Ninth Circuit
Two days after the one year anniversary of the California Supreme Court’s Dynamex decision, the Ninth Circuit issued a blow to companies in California. On May 2, 2019, the Ninth Circuit in Vazquez v. Jan-Pro Franchising International, Inc. held that … Continue reading
Posted in California, Independent Contractor
| Tagged California, Employees, Independent Contractor, Ninth Circuit
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Transportation Workers Get a Green Light to Ignore Arbitration Agreements for Wage Claims
The California Court of Appeal in Nieto v Fresno Beverage Company took the position that a driver who delivered beverages solely within the state of California was nonetheless a “transportation worker” who was exempt from the Federal Arbitration Act (“FAA”) … Continue reading
Posted in Arbitration, California, Class Action
| Tagged California Court of Appeal, California Labor Code, Class Action Waiver, FAA, Federal Arbitration Act, Nieto, Section 229
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Employee Non-Solicitation Agreements Are Shot Down Once Again in California
In November 2018, the California Court of Appeal in AMN Healthcare v. Aya Healthcare Services Inc. called into question the validity of employee non-solicitation agreements that prevent employees from soliciting and encouraging their former colleagues to come join them at … Continue reading
Posted in California, Hiring, Restrictive Covenant, Trade Secrets
| Tagged California Court of Appeal, Covenant, Non Compete, Non Competition, Non-Solicitation Agreement
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Fair Credit Reporting Act Update: Employers Within the Ninth Circuit Are Required to Provide a “Stand-alone” Background Check Disclosure Form – Yes, Literally
On January 29, 2019, the Ninth Circuit Court of Appeals held that a prospective employer does not satisfy the Fair Credit Reporting Act’s (“FCRA”) stand-alone disclosure requirement when it provides job applicants with a disclosure that also contains various state … Continue reading
Posted in Arizona, California
| Tagged Background Check, Consumer Reporting Agencies, Fair Credit Reporting Act, Ninth Circuit
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