Today, Governor Newsom signed AB 5 into law, drastically altering how millions of Californians are paid and drastically altering the legal analysis involved in distinguishing between “employees” and “independent contractors.”
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Class Actions
New Developments on Meal Waivers for Healthcare Workers – Back Where We Started
By Jeffrey D. Polsky on
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…
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CA Supreme Court Revises Opinion on De Minimis Rule
By Jeffrey D. Polsky on
CA Supreme Court Says Employers Can’t Disregard Trivial Amounts of Time
By Jeffrey D. Polsky on
An ancient maxim of jurisprudence states that “the law disregards trifles.” Or in Latin: De minimis non curat lex. The underlying principle is that some alleged wrongs are so trivial…
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California Law Protects Workers’ Rights – Who Knew?
By Jeffrey D. Polsky on
Employers are still reeling from last week’s decision in Dynamex Operations West, Inc. v. Superior Court, in which the California Supreme Court said that employers (and even a state…
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CA Supreme Court Turns Independent Contractor Analysis on its Head
By Jeffrey D. Polsky on
Determining whether a California worker is an independent contractor or an employee has always been difficult. Judges deciding the issue have complained that the test used by California courts “provides …
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Q&A Regarding Alternative Workweek Schedules
By Jeffrey D. Polsky on
Employees generally love Alternative Workweek Schedules. They prefer, for example, working four 10-hour days to working five eight-hour days. They work the same number of hours but they get an…
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Scam Targets Defendants in Class-Action Cases
By Jeffrey D. Polsky on
We’ve discussed before how phishing scams target employers. A new scam focuses on defendants who have settled class-action claims. The scammers send wire transfer instructions that appear to come…
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The Ugly Side of Salon & Spa Compensation
By Sahara Pynes on
Earlier this week, I was advising a client on the termination of one of their spa employees. During the course of the conversation about his poor performance, the issue of…
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California Meal and Rest Period Rules Are Absurd
By Jeffrey D. Polsky on
California has the most stringent meal and rest break rules in the country. If an employee’s break is not taken within the proper time, is not long enough, or is…
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