Gig economy giants Uber and Postmates failed to convince U.S. District Judge Dolly Gee that she should grant an injunction to prevent enforcement of AB-5. While seeking to halt enforcement of AB-5, the companies concurrently contend that the law does not apply to their drivers. In case you’re just tuning in, AB-5 creates a legal
Advice & Counseling
Judge Explains Reasons for Banning Enforcement of AB 51 and Preserving Workplace Arbitration in California
By Jeffrey D. Polsky on
Posted in Advice & Counseling, Employment Litigation
AB 51, which restricts workplace arbitration, was scheduled to take effect on January 1, 2020. On December 30, 2019, US District Judge Kimberly Mueller granted a temporary restraining order to prevent the legislation from taking effect. On January 31, 2020, she issued a preliminary injunction extending the ban, and promised to explain her…
Court Grants Injunction to Stop AB 51 — Mandatory Arbitration Still OK in CA
By Nancy Yaffe on
Posted in Advice & Counseling
Here is the latest in a series of blogs about AB 51, the California bill that threatened mandatory arbitration. Thankfully, the District Court granted the preliminary injunction in full (not just temporarily), and stopped AB 51 from being enforced. That means that as long as the arbitration agreement is governed by the FAA (Federal Arbitration…
A Chart of All of California’s State and City Paid Sick Leave Laws
By Jeffrey D. Polsky on
Posted in Advice & Counseling
It’s hard work keeping up with all nine of California’s state and municipal Paid Sick Leave Laws. But Tyreen Torner has done more than kept up. She’s compiled all of their various requirements in this handy chart. Maybe you prefer looking up the requirements yourself, which is fine. We’re not here to judge. However,…
Court Further Postpones AB 51 (Restricting Workplace Arbitration) From Taking Effect
By Jeffrey D. Polsky on
Posted in Advice & Counseling, Employment Litigation
AB 51, which restricts workplace arbitration, was scheduled to take effect on January 1, 2020. On December 30, 2019, US District Judge Kimberly Mueller granted a temporary restraining order to prevent the legislation from taking effect. She did so in response to a lawsuit by the California Chamber of Commerce and other employer groups arguing…
Several Trend-Setting New California Laws Challenged in Court (Updated 1/13/20)
By Nancy Yaffe on
Posted in Advice & Counseling
California is known for new employment laws that then trickle out to the east coast, the northwest, and eventually nationwide. Think back to the mandate for sexual harassment prevention training and the roll-out of paid family leave in 2004, and the state-wide statutory sick leave mandate in 2015.
Yet, with new laws also come new…
Court Stops AB 51 (Restricting Workplace Arbitration) From Taking Effect
By Jeffrey D. Polsky on
Posted in Advice & Counseling, Employment Litigation
We’ve noted before that AB 51 – the California legislature’s latest attempt to attack workplace arbitration – has significant legal flaws. On December 30, 2019, US District Judge Kimberly Mueller granted a temporary restraining order to prevent the legislation from taking effect on January 1, 2020. Judge Mueller ruled that the employer groups bringing the…
Our Updated Employer’s Guide to Doing Business in California
By Jeffrey D. Polsky on
Posted in Advice & Counseling
Wondering what to get the little ones for the holidays? How about an up-to-date guide to California’s unique employment laws. Imagine the looks on the little ones’ faces when they see that you’ve gotten a concise, plain-language summary of California’s unique requirements for determining independent contractor status, meal and rest periods, the Fair Pay Act,…
AB-5 (The Law Eviscerating California Employers’ Ability to Hire Contractors) — Blog Post Updated January 4, 2020 is Still Alive and Well
By Nancy Yaffe on
Posted in Advice & Counseling, Wage and Hour
If you were hoping that AB-5 (the CA statute codifying the ABC standard into widespread law) would be held invalid, enjoined, or would just fall off a cliff, it is time to face reality. AB-5 is alive and well, and effective January 1, 2020. That means any California employer who still relies on independent contractors…
Service Charges vs. Gratuities and Why It Matters
By Nancy Yaffe on
Posted in Advice & Counseling, Wage and Hour
Attention hospitality employers. Is that charge you add to a guest check a service charge (typically a set amount added to a guest check in lieu of a tip)? Or an automatic gratuity (such as a set amount for a party of 8 or more)? Or a true tip/gratuity (an actual discretionary amount left by…