California employees are “silenced no more” in employment, settlement, and separation agreements
1/7/22
By: Michelle T. Harrington California Governor Gavin Newsom signed legislation that expands existing law prohibiting confidentiality provisions in settlement agreements and expands restrictions on the use of non-disparagement clauses in employment agreements. The new law – known as the “Silenced No More Act” (SB 331 or the “Act”) – also imposes new time and notice…
California passes another bill addressing COVID-19 reporting
11/29/21
By: Gaia T. Linehan In September, 2020, California passed AB 685, which laid out new notification and reporting requirements for California employers dealing with Covid-19 exposure. Employers may recall that AB 685 authorized Cal/OSHA (California’s state OSHA agency) to issue “stop work orders” for workplaces that the agency concluded posed a risk of imminent hazard…
6/22/21
By: Mandy Hexom On April 16, 2021, Governor Newson signed into law a right to notice and recall of certain employees in the hospitality, event center, airport, private club, and commercial property service industries who were laid off due to the effects of the COVID-19 pandemic. This new law is set forth in California Labor…
New COVID-19 Notice Requirements for California Employers
1/12/21
By: Chelsea Whelan The new year ushers in new rules for California employers receiving notice of potential COVID-19 exposure in the workplace. California Labor Code section 6409.6 became effective January 1 this year following the passage of Assembly Bill 685 and will sunset on January 1, 2023. Section 6409.6 requires employers provide written notice within one business…
Uber and Lyft Drive Prop 22 Home in California
11/17/20
By: Adam Khan On November 3, 2020, California voters resoundingly passed Proposition 22, delivering Uber and Lyft a big victory, and labor unions a setback. Prior to Prop 22, AB5 expanded the California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court. Specifically, AB5 applied Dynamex’s “ABC test” to both California Wage Orders and…
Californians Will Soon Receive Their Supplemental $300 A Week Unemployment Benefits
9/8/20
By: Michelle Harrington California has secured $4.5 billion from the Lost Wages Assistance Program (LWAP) that will result in a $300 per week boost in unemployment benefits to millions of unemployed people in California impacted by the Coronavirus pandemic. The funding was made possible through an executive order signed by President Donald Trump approximately a week…
9th Circuit Holds Amazon’s Last-Mile Delivery Drivers are Exempt from Arbitration
8/21/20
By: Josue Aparicio[1] On Wednesday, the Ninth Circuit Court of Appeals held that Amazon’s delivery drivers are exempt from the Federal Arbitration Act (“FAA”) because they are transportation workers “engaged in interstate commerce.” The decision is a huge loss for e-commerce giant, Amazon.com, who is facing several class action lawsuits arising from its “Amazon Flex”…
8/14/20
By: Josue Aparicio[1] On Monday, a California Judge granted a preliminary injunction ordering that the popular ride-hailing companies, Uber and Lyft, stop classifying their drivers as independent contractors during the pendency of their litigation against the state of California. Importantly, the ruling by Judge Ethan Schulman of the San Francisco Superior Court does not automatically…
CARES in California: New Unemployment Benefits Available Under Federal Law
5/8/20
By: Anastasia Osbrink With over 3.5 million unemployment claims in California since mid-March, the state is facing an historic level of payments that need to be made. In fact, the state has paid out approximately $4.5 billion, which is entirely unprecedented. Every state will be stretched thin, but at least for four months, unemployed Californians…
5/7/20
By: Ryan Greenspan On May 5, 2020, California Attorney General Xavier Becerra announced that the State of California will be suing Uber and Lyft for misclassifying their drivers as independent contractors. The precise details of the suit are not presently known, but it is being reported that Uber and Lyft are being accused of violating…
4/14/20
By: Michelle Harrington What Does The Executive Order Require: The COVID-19 crisis has employers scrambling to stay on top of legal obligations imposed by recent federal legislation, including the federal Families First Coronavirus Response Act and the CARES Act, and various state law initiatives aimed at providing leave or unemployment benefits to employees affected by…
U.S. Department of Education Announces Temporary Halting of Wage Garnishments
3/30/20
By: Jeffrey A. Hord On March 25, 2020, the Department of Education (DOE) announced that it will temporarily halt seizing wages and/or withholding tax refunds from borrowers who have defaulted on their student loans held by the federal government. As part of the Trump Administration’s multifaceted response to the COVID-19 national emergency, the DOE has…