Insight & Commentary on California Workplace Law Issues & Developments
On September 9, 2020, Governor Newsom signed Assembly Bill (“AB”) 736, which expands the professional exemption under Industrial Welfare Commission (“IWC”) Wage Orders Nos. 4-2001 and 5-2001 to include part-time, or “adjunct,” faculty at private, non-profit colleges and universities in California.
AB 736 amends the Labor Code to add Section 515.7, which states that…
One of the first employment-related bills signed by Governor Newsom this legislative session was Assembly Bill (“AB”) 2257, which recasts, clarifies, and expands exemptions to AB 5, last year’s bill relating to independent contractors.
In September 2019, Governor Newsom signed into law AB 5, which codified the “ABC Test” adopted by the California…
In March 2020, many employers suddenly found themselves managing a mostly remote workforce due to COVID-19. As the pandemic stretches on, some businesses remain remote because of necessity, while others are considering the many advantages of a remote workforce.
As employees continue teleworking, employers should familiarize themselves with the requirements for reimbursement under California law.…
The start of the year brings a lot of new laws and in the past few years the increase of the State of California’s minimum wage. This year the state minimum wage has increased to $12.00 for employers with 25 employees or less, and $13.00 for employers with 26 employees or more. These rates are…
Employers all over the State of California have been waiting earnestly for over two years for the California Supreme Court to issue its opinion in Kim v. Reins International California. A ruling that will decide whether a settling employee remains an aggrieved employee for purposes of the Private Attorneys General Act (PAGA). The wait…
While litigation over the controversial Assembly Bill 5 (AB 5) continues throughout the state, a San Diego Superior Court judge recently issued a preliminary injunction enjoining and restraining a company from failing “to comply with California employment law” regarding a category of individuals within the City of San Diego while the litigation is pending. This…
Assembly Bill 5 (“AB 5”), feared by some to be the death of independent contractor relationships in California, faces a growing number of lawsuits. Organizations representing three industries have filed lawsuits challenging the bill on constitutional grounds. In each lawsuit, the plaintiffs have sought a preliminary injunction to stay enforcement of the bill until the…
Earlier this week, the Southern District heard arguments regarding the grant of a preliminary injunction to prevent the enforcement of Assembly Bill 5 (“AB 5”) against motor carriers operating within California.
Judge Benitez granted the preliminary injunction and concluded in his order that “there is little question that the State of California has encroached …
On the eve of the Assembly Bill 5 (“AB 5”) effective date, Judge Roger Benitez granted the California Trucking Association’s (“Association”) request for a Temporary Restraining Order to prevent enforcement of the law which the Association argued requires truckers to be classified as employees instead of independent contractors.
On January 13th, Judge Benitez…
While the trucking industry waits for the federal court to hear arguments on the California Trucking Association’s request for an injunction against application of AB5, Judge William Highberger of the Los Angeles Superior Court ruled on January 8, 2020, that AB 5 runs afoul of the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”).…
