Employment law is constantly evolving. Every year, the state of California passes new labor laws that impact the employment relationship. The following are some of the most prominent changes that will take effect on January 1, 2020. AB 5: Independent Contractors AB 5 codifies California Supreme Court’s 2018 decision in…
Southern California Employment Law Blog
California Governor Passes AB5, Codifying Restrictions on Independent Contractors
On September 18, 2019, Governor Gavin Newsom signed into law, Assembly Bill 5 (“AB5”), codifying the landmark case of Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903 (Dynamex), which made it more difficult for employers to classify workers as independent contractors. Dynamex, and now…
Associational Discrimination
Luis Castro–Ramirez worked as a truck driver for Dependable Highway Express, Inc. For several years, Castro-Ramirez’ supervisors permitted him to work an earlier shift so that he could be home each evening to administer dialysis for his disabled son. In 2013, a new supervisor placed Castro-Ramirez on a later work…
“The Duel” – An Employer’s Duty to Provide a Safe Work Environment
In the fifth season of The Office (US), Andy Bernard learns that his fiancée, Angela, is having an affair with Dwight Schrute. The love triangle comes to an end when the two men challenge each other to a physical fight to win her affections. California’s Occupational Safety and Health Act…
“Hire a man to do nothing” – California On-Call Pay
In the 1940’s, a soap company in Chicago hired a small crew of firefighters to live on the premises and be available for emergencies. The crew officially worked a nine-hour shift but were also required to sleep in a designated location and respond alarms, if necessary. A legal dispute arose…
Invasion of Privacy in the Workplace
In 1973, the NCAA enacted a rule prohibiting student athlete drug use. Unfortunately, there was no standardized drug test to enforce the rule. At the 1983 Pan American Games in Caracas, Venezuela, several college student athletes tested positive for prohibited drugs, causing great embarrassment for the NCAA and raising questions…
An Employment Lawyer’s Guide to Pregnancy
Pregnancy is a life-changing experience. Many blogs cover the physical and emotional challenges of pregnancy, but this post is intended to be a step-by-step of guide to the legal rights of expectant mothers in the workplace. Morning Sickness Among the many “joyful” experiences of pregnancy is first trimester morning sickness…
Record-keeping Responsibilities for Employers
When Thomas Jefferson commissioned an expedition to explore the western frontier in 1803, he called upon two men who, among other things, were valiant record-keepers. Meriwether Lewis, a secretary, and William Clark, a cartographer, spent three years exploring and documenting an unknown territory. Some of the most important things to…
Breaking News: The ABC Test is Retroactive
In April 30, 2018, the world of employment law was shaken by the decision of the California Supreme Court to apply a stricter standard for determining whether a worker was an employee or independent contractor. The new standard, set forth in Dynamex Operations West, Inc. v. Superior Court of Los…
“Ban the Box” – Where Criminal and Employment Law Meet
In the classic novel The Scarlet Letter, author Nathanial Hawthorne depicts the story of a woman who was forced to wear a scarlet letter ‘A’ on her dress so the townspeople could publicly shame her for adultery. The major theme of The Scarlet Letter is the suffering of individuals from…