What is the ”ABC” Test?  3 steps in determining if a worker in CA should be classified as an independent contractor for wage order purposes are:  (A) Worker is free from control & direction of hiring entity in connection with the performance of the work;and  (B) Worker performs work that is outside the usual course of…

Employees will now have 3 years, instead of I year, to file claims for discrimination, harass- ment, or retaliation with the Department of Fair Employment and Housing  The 1 year statute of limitations for filing a civil action after an employee files a FEHA (Fair Employment and Housing Act) complaint re- mains unchanged  The law…

CA Judge Temporarily Blocks Forced Arbitration Law  U.S. District Judge Kimberly Mueller ruled that the CA Chamber of Commerce and other business groups had raised serious concerns about AB 51, a bill signed by Gov. Gavin Newsom due to arbitration agreements that obscured allegations of sexual harassment and assault.  Mueller issued a temporary restraining order…

Statutory Joint Liability: CA Labor Code Section 2810.3 If employers with 25+ employees use five or more workers at a given time from a third party, then both the employer & third party may be responsible for the payment of wages to that worker  Factors that the courts consider are whether:  (1) Workers are provided…

Effective January 1, 2020, the C.A. minimum wage will increase to $13.00 per hour for employers with 26 or more employees & $12.00 per hour for employers with fewer than 20 employees  Various cities in C.A. have higher rates:  – Los Angeles, $14.50/hour for employers with 26 or more employees – San Francisco, $15.59/hour –…

C.A. Sexual Harassment Prevention Training Requirements Delayed Until 2021  New harassment training deadline is January 1, 2021, & once every 2 years for supervisors  Employers who complied with the training requirements of SB 1343 in 2019 will NOT have to retrain their employees, instead, they can stay in accordance with the 2 year cycle  For…

Restrictions on Arbitration  Effective Jan. I, 2020, Labor Code § 432.6 PROHIBITS employers from requiring an applicant or employee to sign an arbitration agreement as a condition of employment  It also prohibits retaliation against those who REFUSE to sign the agreement  Employment attorneys expect this new mandate to be challenged under the Federal  Arbitration Act,…