On September 30, California Governor Gavin Newsom signed into law SB 399, the “California Worker Freedom from Employer Intimidation Act.” SB 399, which goes into effect on January 1, 2025, will prohibit employers from holding...more
California Assembly Bill 1228 (A.B.1228), otherwise known as the Fast-Food Franchisor Responsibility Act, was introduced on February 16, 2023. If passed into law, fast food restaurant franchisors and franchisees will share...more
In a recently issued 8 to 1 Decision in Viking River Cruises, Inc. v. Moriana, the United States Supreme Court held that individual claims based on the “only in California” Private Attorneys General Act (PAGA) may be...more
A California appellate court has ruled that a wrongful death action filed by an employee and her children arising from the death of the employee's spouse from COVID-19 after she allegedly contracted the virus at work and...more
California law requires commercial cannabis licensees with 20 or more non-supervisory employees to enter into a labor peace agreement; however, the legal requirements of such an agreement are far less than labor unions would...more
The Ninth Circuit Court of Appeals has issued a long-awaited decision on the question of whether AB5, California’s strict independent contractor misclassification statute, may be applied to motor carriers, or whether the...more
Two recent California appellate decisions will impact wage and hour class actions and representative actions.
Donohue v. AMN Services, LLC -
California law requires that employers “must generally provide employees with...more
In the latest Chapter of the continuing saga of whether the Federal Aviation Administration Authorization Act (FAAAA) of 1994 preempts either California’s expanded Dynamex “ABC” test set forth in AB 5 or the recent statutory...more
12/7/2020
/ ABC Test ,
Appeals ,
Borello Test ,
CA Supreme Court ,
California ,
Dynamex ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Trucking Industry
During the current COVID-19 pandemic, one question for employers has been whether employees who contract COVID-19 may be able to recover workers’ compensation benefits. In California, a new Executive Order by Governor Newsom...more
In March, the federal government enacted the Families First Coronavirus Response Act (FFCRA). That federal law required that employers with fewer than 500 employees provide paid leave for certain reasons related to the...more
4/24/2020
/ California ,
City of San Jose ,
Coronavirus/COVID-19 ,
Essential Workers ,
Families First Coronavirus Response Act (FFCRA) ,
Paid Leave ,
Public Health Emergency ,
Relief Measures ,
San Francisco ,
Shelter-In-Place ,
Sick Leave ,
Small Business ,
State and Local Government