On November 3, 2020, California voters passed Proposition 22, an exemption from AB5 for app-based drivers and couriers who use personal vehicles/transportation to provide on-demand services.  As detailed in previous posts here and here, Governor Gavin Newsom signed AB5 into law in September 2019.  Essentially, Proposition 22 filled a void caused by legislative

How employers will need to defend California employment lawsuits, Labor Commissioner actions and even arbitrations must evolve come the New Year due to changes in the law that become effective January 1, 2021. In this post, I identify and explain five important developments that businesses and their employment defense counsel need to be aware of

It may be the season for a pumpkin latte and too much candy, or finally breaking out those soft sweaters and fuzzy slippers as the weather starts to chill (even in Los Angeles).  But it is also the season for new lawsuits.  In fact, after 25 years of practice, experience tells me that new lawsuits

California employers with 100 or more employees are now required to file with the state detailed annual reports setting out demographic, pay and position information on their employees. As for the purpose of requiring the reports, Senate Bill 973 pulls no punches: state government agencies will use the reports against employers for “targeted enforcement

With so much going on for employers in 2020, let us not forget the #MeToo movement and related changes in California’s laws requiring sexual harassment prevention training.  All employers with more than five employees anywhere must train all California employees (managers/supervisors and staff) on sexual harassment prevention training before year end.

A while back, I

THIS POST HAS BEEN UPDATED WITH THE GOVERNOR’S ACTION ON EACH BILL DISCUSSED.

Anticipation mounts as we watch for California Governor Gavin Newsom’s action on bills of immediate importance to employers. The Governor has until September 30, 2020 to sign or veto the following bills of concern:

SB 1383Historic Extensions of California

In meaningful numbers, employers across the U.S. who are rebuilding their workforces are being sued by employees not recalled from COVID furloughs and applicants not hired. Last week, I posted an Alert describing the risks to employers nationally of such litigation and giving recommendations on hiring up defensively. California employers, in particular, may be at

On Monday night, the California legislature passed Assembly Bill 2257 (AB2257), a clean-up bill to Assembly Bill 5 (AB5).  Under AB 2257, musicians, fine artists, freelance writers, photographers, and translators would be among those getting exemptions from AB5 to continue working as independent contractors, rather than as employees.  The bill is expected to be signed

The fate of rideshare companies in California has taken several dramatic twists today following last week’s preliminary injunction enjoining Lyft and Uber from classifying their drivers as independent contractors.

The trial court’s injunction, issued on August 10th, served as a considerable defeat for Lyft and Uber in their attempt to avoid a revamped employee classification