Finally, a common sense ruling.
The California Supreme Court changed the test to determine what is an independent contractor vs. employee to a new “ABC” test. The 2nd prong, is the tough one for employers.
Dynamex Operations West, Inc. involved a trucking company which changed its policy from classifying drivers as employees to independent contractors. The Court applied a
New Labor Code Section 218.17 (AB 1701) makes a general contractor jointly liable for the unpaid wages, fringe benefits, or other benefit payments or contributions of a subcontractor (at any tier).
Labor Code 218.7 provides “down-the-chain protection” to a sub-contractor’s employees if they are misclassified as as independent contractors or not paid. The bill applies
Under Lab C §6404.5, no employer may knowingly or intentionally permit, and no person may engage in, smoking of tobacco products in an enclosed space at a place of employment. Does this apply to vaping? Why not? The potential penalties for violations include a fine of up to $500 for each violation for repeat offenders. Lab C §6404.5(j), and maybe worse from a creative PI lawyer!
Continue Reading No Smoking, and/or Vaping at Work Laws (Labor Code §6404.5)
Labor Code §1197.5. bars employers from paying employees less than other employees of the opposite sex for substantially similar work regardless of their job titles or the location where they work. Current law prohibits an employer from paying an employee less than employees of the opposite sex in the same establishment for equal work on jobs which require equal skill, effort, and responsibility, and which are performed under similar working conditions. This law prohibits an employer from paying its employees less than employees of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility.
Continue Reading Gender Pay Discrimination “big picture same pay for same work” (Labor Code §1197.5)
Yaaay! Lets hear it for the lawyers! Cheerleaders are not classified as employees. Labor Code 2754. Note, this only helps California based team cheerleaders. Assembly Women Lorena Gonzalez, was the sponger of this bill. Lorena was a Stanford cheerleader, she is in the photo, second from the left. She was a smart and hot cheerleader!
For the first 90 days after a grocery store is sold to a new owner, grocery store workers cannot be fired. AB359 codified as Labor Code §2500, et seq. The store must be at least 15,000 square feet.