Tag Archives: California

Will the Supreme Court’s Decision Overturning California Union Access Regulation Be a Bonanza for Nonagricultural Employers?

By Todd Dawson and Christian White on July 13, 2021 Posted in California

In a significant victory for California agricultural employers, the Supreme Court recently held that California’s regulation requiring agricultural companies to permit union organizers on their property was an unconstitutional taking of private property without just compensation. Cedar Point Nursery v. Hassid, Case No. 20-107. The regulation permitted union organizers to remain on company property for … Continue Reading

California Senate Bill 93: Employers, We Have You Covered

By Sabrina Shadi and Stephanie Alvarez Salgado on May 26, 2021 Posted in California

On April 16, 2021, California Gov. Gavin Newsom signed into law Senate Bill (SB) 93, which requires certain employers to rehire eligible employees who were previously laid off due to the COVID-19 pandemic. To be eligible for recall, laid-off employees had to have been employed by the covered employer for six or more months in … Continue Reading

Schrödinger’s Cat? Ninth Circuit Disrupts Trucking Industry with Contractor Misclassification Ruling

By Todd Lebowitz on May 3, 2021 Posted in Independent Contractor

Have you heard of Schrödinger’s cat? It’s not a real cat, like Felix or Brian Setzer. It’s a hypothetical, seemingly impossible cat that exists only in the world of quantum physics. Schrödinger’s cat refers to a thought experiment in which a cat in a box is simultaneously alive and dead, until you open the box … Continue Reading

California Supreme Court Applies Dynamex Independent Contractor Test Retroactively

By Joseph S. Persoff on January 14, 2021 Posted in California, Independent Contractor

The California Supreme Court has concluded that the ABC Test it developed for determining whether a worker is an independent contractor or employee applies retroactively. Therefore, the ABC Test, first developed in the Court’s Dynamex decision, applies to California wage and hour claims implicating a time period prior to issuance of the Dynamex decision on … Continue Reading

California Expands Family Leave to Employees of Small Employers

By Joseph S. Persoff on September 24, 2020 Posted in California

California passed a new law expanding family leave rights to employees working for employers with five to 50 employees. The family leave rights were previously limited to employees of employers with more than 50 employees. Under this new law, employees of small employers would be entitled to up to 12 weeks of unpaid leave during any … Continue Reading

California Enacts COVID-19 Sick Leave for Workers

By Nancy Inesta and Joseph S. Persoff on September 11, 2020 Posted in California

Last week, California enacted a law, Assembly Bill (AB) 1867, providing supplemental COVID-19-related sick leave to food-sector workers and workers employed by a company with 500 or more employees nationwide. The law requires employers of such employees to provide sick leave – in addition to any other leave the employee may be entitled to – … Continue Reading

Something Is Rotten in the State of California? Ride Share Misclassification Ruling Is Merely Act I

By Todd Lebowitz on August 13, 2020 Posted in California

“To be or not to be” are the opening words of a soliloquy by Prince Hamlet. With that, I have exhausted what I remember about Shakespearean plays without consulting Wikipedia. Having consulted Wikipedia, I can confirm that this soliloquy occurs in Hamlet, Act III, Scene 1. A lot happens in Act III and beyond, and … Continue Reading

Second Circuit Says No California Anti-SLAPP Motions in Federal Court

By Joseph S. Persoff on July 16, 2020 Posted in California

The Second Circuit Court of Appeals has split with the Ninth Circuit Court of Appeals and concluded that California’s statute to avoid strategic lawsuits against public participation (anti-SLAPP) does not apply in federal court. The initial impact of the decision is limited, as it would not have binding effect on California district courts. This decision … Continue Reading

AB 2457: A Potential Helping Hand for California Employers in a Time of Need

By Shareef Farag and Carter Norfleet on June 3, 2020 Posted in California

With the sudden outbreak of COVID-19 forcing businesses to shut their doors for months, coupled with resulting furloughs and layoffs, California employers could use a helping hand. Assemblywoman Melissa Melendez (R-Lake Elsinore) has proposed new legislation to the California Legislature that could lend a helping hand to employers, especially smaller employers grappling with the impact … Continue Reading

Los Angeles Joins Ban the Box Movement

By Todd Lebowitz and Jeffrey Bils on December 27, 2016 Posted in Background Checks, California

Los Angeles has become the latest city to ban private employers from asking job applicants about their criminal histories before offering a job. With its Fair Chance Initiative for Hiring, the city joins San Francisco, New York, Chicago, and about two dozen other cities, counties and states in enacting Ban the Box measures to promote … Continue Reading

Amendments to FEHA Regulations Effective April 1, 2016

By BakerHostetler on March 28, 2016 Posted in California

On April 1, 2016, amendments to California’s Fair Employment and Housing Act (FEHA) regulations will become effective. While the amendments bring the regulations into compliance with various recent statutory changes and case law interpretations, they also contain several new requirements that impact mandatory employer policies, trainings, and notices. New Harassment, Discrimination, and Retaliation Prevention Policy … Continue Reading

California Court Clarifies How to Calculate Overtime on Flat Sum Bonuses

By Jeffrey Bils on January 21, 2016 Posted in California

A California court of appeal has addressed a gap in California law to clarify what can be a tricky problem for employers — how to calculate overtime on bonuses of a fixed amount, or “flat sum” bonuses. The court’s answer can be summarized in three words: Follow federal law. The dispute in Hector Alvarado v. … Continue Reading

Changes in California Employment Law for 2015

By BakerHostetler on January 13, 2015 Posted in California

This BakerHostetler Alert was authored by: Vartan S. Madoyan, Barri L. Friedland, Diamond M. Hicks, and Sabrina L. Shadi As Californians get back to business in the new year, we wanted to highlight the following changes to California employment laws for 2015: Mandatory Paid Sick Leave Protections Against Discrimination and Harassment for Unpaid Interns and Volunteers Protection Against Discrimination … Continue Reading

New California Law Imposes Joint Liability on Businesses and Contract Vendors for Wage Violations and Workers’ Compensation Coverage

By Todd Lebowitz on November 10, 2014 Posted in California, Independent Contractor, Workers' Compensation

For companies using independent contractors in California, 2014 has been a difficult year, with several significant court decisions threatening the contractor model. In June, the Ninth Circuit rejected the parties’ choice of Georgia law in an independent contractor agreement and found that the contractor was an employee under California law. Later that month, the California … Continue Reading

Ninth Circuit Reverses District Court, Rules FedEx Drivers in California and Oregon are Employees

By Todd Lebowitz on September 2, 2014 Posted in Independent Contractor

The brain teaser game, What am I? can keep kids and adults occupied for hours: The more you take of me, the more I leave behind. What am I? I have a face but no eyes, hands but no arms. What am I? I disappear every time you say my name. What am I? (Don’t … Continue Reading