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 … Continue reading

Posted in California, NLRA, NLRB, Snell & Wilmer, Social Media | Tagged , , ,

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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 … Continue reading

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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 … Continue reading

Posted in California, Independent Contractor | Tagged , , ,

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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

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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

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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

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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

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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

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Wall Street Journal Notes Growing Clouds Over Restrictive Covenants

Harriett Torrey of the Wall Street Journal wrote on Monday of this week that there is a growing backlash against employers getting in the way of workers quitting jobs for better offers and to secure a better living. There are … Continue reading

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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 , , ,

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