Happy holidays! As the year comes to an end, I wanted to share five of the most popular articles, podcasts, and videos we created in 2019. I hope followers found our content helpful in 2019, and, as always, if you have any suggestions for topics or areas to discuss in 2020, please let us know.
Five key issues to understand about AB 5 and its impact on independent contractors
The California legislature set its sights on limiting employers’ use of independent contractors in the gig economy, and it will have a dramatic impact for all employers. AB 5, which codifies the California Supreme Court’s ABC test for independent contractors as set forth in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018)…
Uniforms, Terminations, Gig Economy, Class Actions and Minimum Wage
There are a lot of California employment law developments at the mid-point of 2019. Below are five recent videos from our YouTube Channel discussing these new developments. Subscribe to our YouTube Channel to keep current.
Also, if you are not already subscribed to my Firm’s newsletter, click here to subscribe to receive updates and…
Understanding the ABC test for independent contractors in California
This Friday’s Five is a video (see video below) that reviews the ABC test for independent contractors as set forth in the California Supreme Court’s ruling in Dynamex Operations West, Inc. v. Superior Court, (2018) 4 Cal.5th 903. The five issues I discuss in the video include:
1) Part A of the test…
Five employment law developments in California
A lot was happening this week in California’s employment law. This week’s Friday’s Five is a round-up on the highlights:
1. Los Angeles City Council votes to require employers to provide 6 days of paid sick leave.
The LA City Council approved a measure to require employers to provide employees up to six paid sick…
Friday’s Five: Five employment law areas to review for 2016
As we approach the close of 2015, employers should take the time to review their employment law policies and practices. I’m often asked where should the process start? Here are five areas employers can focus on to start the audit process:
1. Employee handbooks
Employers need to ensure their policies are up to date, and…
FedEx $228 million class action settlement preliminarily approved on third try
The recent settlement creating a $228 million fund by Federal Express in a multistate class action brought in 2005 alleging that drivers were misclassified as independent contractors. However, the parties are encountering some reluctance from the court in obtaining court approval of the settled. This case is a good example that entering into a settlement…
Five best practices for hiring in California
1. CEOs and founders need to be involved in the hiring process. This is simply something too important for a company to leave to other people. Sam Altman, of Y Combinator, wrote:
The vast majority of founders don’t spend nearly enough time hiring. After you figure out your vision and get product-market fit,
Friday’s Five: Uber and Lyft class actions show the difficulties of classifying independent contractors in new “sharing economy”
Uber and Lyft have been sued in separate class action lawsuits in California by drivers challenging
the two companies’ classification of the drivers as independent contractors. The plaintiffs in the two cases argue that the drivers should be classified and paid as employees, which triggers many additional Labor Code provisions for the drivers than if…
Friday’s Five: Five areas of liability facing California employers
1. Meal and rest breaks.
If you did not know of this exposure already existed in California, can I recommend some reading here, here and here?
2. Exempt vs. non-exempt classification of employees.
The default under California law is that every employee is entitled to overtime pay at a rate of time and…