With its decision last year in Dynamex, the California Supreme Court fundamentally changed the test for determining whether workers are properly classified as either employees or independent contractors. Specifically, and as for claims brought under the California wage orders, the Supreme Court adopted the “ABC test,” which involves an analysis of the following three factors: … Continue Reading
On April 22, 2019, the California Senate voted unanimously to update California’s anti-discrimination laws to include within the definition of the term “race” “traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.” If the bill ultimately becomes law, California would become one of the first states in the nation … Continue Reading
On June 28, 2018, the Idaho Supreme Court issued an opinion in a case entitled Lunneborg v. My Fun Life that outlines how cause will be defined in employment cases. Simply put, this case could be a real game changer for employers and particularly those that have employment agreements with senior management or other executives. … Continue Reading
On October 12, 2017, California Governor Jerry Brown signed several bills regulating a wide range of employer actions, everything from the labeling of cleaning fluids to the employment application process. While compliance with all of these new laws is important, four are of particular importance as they directly impact the information employers can seek from … Continue Reading
On October 5, 2017, California Governor Jerry Brown signed AB 450. With the passage of this bill, California becomes the first state in the nation to enact a law prohibiting employers from providing voluntary assistance to immigration enforcement agents during workplace investigations. Earlier this year, U.S. immigration authorities conducted a series of high-profile raids of … Continue Reading
California Governor Jerry Brown recently signed AB 1897 thereby creating new liability for businesses that engage in labor contracting. Current California law prohibits employers from entering into labor or services contracts with a construction, farm labor, garment, janitorial, security guard, or warehouse contractor, if the employer knows or should know that the agreement does not … Continue Reading
There are many sound reasons why employers have zero tolerance policies and engage in drug testing of applicants and/or employees, including customer requirements, government contracting requirements (e.g.,the federal Drug Free Workplace Act), federal or state laws (including DOT requirements for transportation workers), workplace safety, productivity, health and absenteeism, and liability. Some Washington state employers may … Continue Reading
What’s an employer to do when it is ordered to reinstate former employees, but those employees are not legally authorized to work in the United States? Pay liquidated damages instead, according to the Ninth Circuit’s recent decision in NLRB v. C&C Roofing Supply Inc. In C&C, the National Labor Relations Board (NLRB) alleged that the employer unlawfully … Continue Reading
