In April 2021, the 9th Circuit panel held that the application of California Assembly Bill 5 (AB 5) to motor carriers is not preempted by the Federal Aviation Administration Authorization Act of 1994 (FAAAA). Under AB 5, the test for whether a worker is appropriately classified as an independent contractor became more stringent, creating
2022
California Supreme Court Holds No Privity Between Hospital and Staffing Agency to Allow Claim Preclusion
In Grande v. Eisenhower Medical Center, FlexCare, LLC (“FlexCare”), a temporary staffing agency, assigned Plaintiff to work as a nurse at Eisenhower Medical Center (“Eisenhower”). The plaintiff alleged that during her employment at Eisenhower, FlexCare and Eisenhower failed to ensure she received the required meal and rest periods, wages for certain periods she worked,…
The City of Los Angeles Raises Minimum Wage to $25 for Certain Healthcare Workers
On June 29, 2022, the Los Angeles City Council approved a new minimum wage ordinance for certain healthcare workers at privately-owned healthcare facilities within the City of Los Angeles. The mayor is anticipated to sign the ordinance, which will become effective 30 days after his signature.
Minimum Wage
On the effective date of the ordinance,…
The City of Los Angeles Passes Hotel Worker Protection Ordinance
On June 28, 2022, the Los Angeles City Council passed an ordinance designed to increase safety protections for hotel workers in hotels, to limit their daily workload, and to raise their wages. Mayor Eric Garcetti is anticipated to sign the ordinance, which would then take effect 30 days later.
Called the “Hotel Worker Protection Ordinance,”…
Governor Rolls Back California COVID-19 Executive Orders & Cal/OSHA Releases Draft Permanent COVID-19 Standard
On June 17, 2022, Governor Newsom issued an executive order terminating certain provisions of prior executive orders related to Cal/OSHA’s COVID-19 Emergency Temporary Standards (ETS). Some of the terminated orders were no longer necessary due to changes in the ETS. For example, previously the Governor had issued an executive order stating exclusion periods could not…
Reminder Regarding California Expense Reimbursement & IRS Increase of Its Mileage Rate
Under California Labor Code 2802, employers are required to reimburse employees for necessary expenses incurred in executing their job duties for their employer. This reimbursement requirement may apply to the use of the employee’s personal vehicle for work purposes, such as driving between work sites. An employee’s regular commute does not typically require reimbursement, just…
Getting Local: City of Los Angeles Local Laws
The City of Los Angeles, like many other major cities in the state of California, has several local employment law ordinances in effect. Employers should also be aware that the County of Los Angeles has some separate local ordinances that apply only to unincorporated areas of the county and do not apply to the City…
Pre-Employment Drug Testing Not Compensable Under California Law Holds Ninth Circuit
In a recent decision by the Ninth Circuit, the Court of Appeals upheld the district court ruling in favor of grocery chain WinCo Holdings, Inc., holding that plaintiffs who were not yet employees when they took drug tests were not entitled to compensation for the time spent being tested.
In Johnson v. WinCo Foods Holdings…
Cal/OSHA Proposes an All-Industry Workplace Violence Prevention Standard. Are You Ready?
It may come as a surprise to some, but Cal/OSHA’s workplace violence regulations currently apply only to the Health Care Industry. Cal/OSHA plans to change that.
Right now, for non-healthcare industries, Cal/OSHA regulates workplace violence using the employer’s obligation to regularly identify and evaluate workplace hazards under Section 3203, California’s version of the general…
Local Minimum Wages Set to Increase July 1
On January 1, 2022, California’s statewide minimum wage increased to $15.00 ($14.00 for employers with 25 employees or less). A statewide minimum of $15.00 for all businesses was scheduled to go into effect on January 1, 2023. However, as a result of rates of inflation of over 7%, a further statutory increase has been triggered…