The California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court continues to change the legal landscape. On May 2, 2019, the 9th Circuit Court of Appeal revived a decade old lawsuit, Vazquez v. Jan-Pro Franchising Int’l., applying Dynamex’s ABC test retroactively and dismissing substantial due process concerns. While dismissing the
3 New California Cities Enact Minimum Wage Laws
California now has 39 separate minimum wages. First, you have two state minimum wages ($12 for employers with 26 or more employees; $11 for 25 or fewer). Then 27 cities have minimum wage ordinances, many of which have multiple minimum wages for different categories of employers. How can anyone keep up with this all?
Easy!
Social Security No-Match Letters Are Back
In March 2019, the Social Security Administration resumed issuance of Employer Correction Request Notices, commonly referred to as “Social Security No-Match Letters.”
The No-Match Letters are being sent to businesses throughout the country that are identified as having a name and Social Security Number (SSN) combination submitted on wage and tax statement (Form W-2) that
Six “Good Deeds” That CA Employment Law Punishes Harshly
The phrase “no good deed goes unpunished” applies in many contexts, including California employment law. Here are six ways that employers get into trouble by trying to do favors for their workers.
- Treating an employee as an independent contractor. Some workers want you to treat them as independent contractors so they aren’t subject to
It’s Back — DOL Proposes New FLSA Overtime Rule with No Impact in CA
Do you remember all of the hoopla back in 2016 when the Department of Labor published new overtime rules, and then at the last minute, after everyone did audits (and many reclassified), the rule was halted? We wrote about it here.
Now the Department of Labor has proposed a new set of rules, setting
Carriers Benefit as FMCSA Preempts California’s Meal & Rest Break Laws
The Federal Motor Carrier Safety Administration (FMCSA) recently announced that it was exercising its authority under federal law to rule that California’s meal and rest break laws are preempted and cannot be enforced against interstate motor carriers. The FMCSA’s ruling was in response to a petition filed by the American Trucking Associations (ATA) and the
Beware of On-Call Shifts in California
What is considered “work time” that requires pay? Well, that definition keeps on getting broader for California employers.
- Can you let individuals “volunteer” and provide comps/trade for their time? No.
- Can you let non-exempt employees check emails at night or on weekends and assume that the time is so small it is not compensable? No
Newly Updated Guide to California Employment Law
Anyone who pays attention can tell you that California employment law changes constantly. So we’re continually updating Doing Business in California: A Guide for Employers. This 15-page guide provides clear summaries of California’s unique requirements for employers. You can download a PDF of the Guide here. If you subscribe to that whole “ounce of
New Developments on Meal Waivers for Healthcare Workers – Back Where We Started
California employers know to expect that the law sometimes takes some crazy turns. But the changes to the rules for healthcare worker meal waivers have been particularly insane. Try to keep up.
- In 2000, the legislature enacted AB 60, which included provisions saying that if you worked more than 12 hours, you could not waive
Newly Updated Chart on CA State and Local Paid Sick Leave Rules
Tyreen Torner has again updated this Chart Summarizing CA State and Local Paid Sick Leave Rules. It summarizes the Paid Sick Leave laws for California, San Francisco, Los Angeles, San Diego, Oakland, Berkeley, Santa Monica, and Emeryville.
Regular readers of this blog may be asking: “Wait. Didn’t she just do an update in June?” Yes,