As the year wraps up, we review some of the highlights of the California Workplace Law Blog with the top 10 most popular blog posts of 2022:
AB 5
California Legislation Signed to Extend Exemptions from AB 5 for Certain Industries
Posted in Wage and Hour
Governor Newsom has signed Assembly Bill 1561 (AB 1561) to extend the sunset dates on the exemptions granted to licensed manicurists and construction trucking subcontractors from the provisions of Assembly Bill 5 (AB 5). AB 5 sets forth the test for whether a worker is an independent contractor or employee.
The exemptions will now sunset…
California Extends AB 5 Exemption for Newspaper Distributors and Carriers
By Talya Z. Friedman & Janelle J. Sahouria on
Posted in Wage and Hour
The Governor has signed Assembly Bill 1506 (AB 1506) which extends the existing exemption for three more years for newspaper distributors and carriers from the “ABC Test” under Dynamex and Assembly Bill 5. The bill takes into account the reality that newspaper carriers often work for more than one newspaper, and requiring carriers to be…
The California Trucking Association Petitions U.S. Supreme Court Over AB 5
By Cary G. Palmer on
Posted in Wage and Hour
In April, 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). The panel found the district court abused its discretion by granting the preliminary injunction. The panel concluded that AB 5 is…
9th Circuit Permits Enforcement of AB 5 Against Interstate Motor Carriers
By Cary G. Palmer on
Posted in Wage and Hour
In 2020, a California district court granted a preliminary injunction to prevent enforcement of Assembly Bill 5 (“AB 5”) against motor carriers operating within California. AB 5 codified the judge-made “ABC test” for classifying workers as either employees or independent contractors. The district court concluded, “there is little question that the State of California has…
Proposition 22 Passed – What Does It Mean for the Gig Economy in California?
By Adam Y. Siegel & Benjamin A. Tulis on
Posted in Wage and Hour
While some of the 2020 election is still undecided, California voters were fairly definitive in their support of Proposition 22, which will now allow app-based rideshare and delivery companies to hire drivers as independent contractors if various conditions are met.
A key part of Prop 22 provides workers with minimum compensation levels, health insurance…
California Supreme Court to Hear Oral Arguments on Retroactive Application of Dynamex
By Erika M. Barbara on
Posted in Wage and Hour
On November 3, 2020, while the rest of the country is focused on the 2020 election, the California Supreme Court will hear oral arguments in Vazquez v. Jan-Pro Franchising Int’l, Inc. to address an unanswered question stemming from the Court’s 2018 decision in Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 905…
California Propositions Employers Should be Watching in Upcoming Election
Posted in California
California voters will decide on several important propositions in the upcoming November election, including three employment law issues that could have far-ranging implications for California employers and businesses.
Read the full article on Jackson Lewis Publications Page.
Expanded Exemptions for Independent Newspaper Carriers
By Adam Y. Siegel on
Posted in Wage and Hour
On September 30, 2020, the Governor signed Assembly Bill 323 (“AB 323”), which is intended to support local journalism.
Part of the new law focuses on California’s official advertising, requiring the Department of General Services publish by July 1 each year information relating to payments of placement marketing and outreach advertising material by each state…
Applying the Policy Behind AB 5, a San Diego Court Has Enjoined a Company from Failing to Comply with California Employment Law with Respect to its Classification of Individuals as Independent Contractors
Posted in Wage and Hour
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…