Class Action Filed Using AB5 in California

Before the ink was even dry on the California Governor’s signature on Assembly Bill 5 (the sweeping worker classification law that codified the Dynamex decision) last week, rideshare company Uber was hit with a class-action suit alleging the company had illegally misclassified its drivers as independent contractors rather than employees. The plaintiff’s attorney, Shannon Liss-Riordan…

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Florida Wage Petition Closer to Ballot

With minimum wage increases staying in the forefront in a number of jurisdictions across the country, the state of Florida is likewise moving closer to putting the question of raising the state minimum wage on the November 2020 ballot. Florida for a Fair Wage, the primary PAC behind the measure, has thus far submitted just…

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Labor Backs Wage Hikes, Then Limits on Automation

After supporting minimum wage increases just about anywhere and everywhere that they are proposed, organized labor is now looking at the resulting turn toward automation with an eye on restricting or limiting such business options. In Oregon, where the current minimum wage for most counties is $11.25 an hour ($11 in non-urban counties and $12.50…

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Maine Salary History Prohibition In Effect

Our friends at the Bennett Law Firm in Portland Maine reminded us that a new law banning employers from inquiring about a prospective employee’s salary history took effect this week. The prohibition, which formally took effect on September 18, exists until such time as the employer extends a job offer to the applicant that includes…

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New York Annual Sexual Harassment Training

In that same vein, we also wanted to remind readers that the first anniversary of the state of New York requirement for annual sexual harassment training is coming up on October 9, 2019. By that date, all employees in the state are required to have gone through their annual training session on sexual harassment. You…

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CA Passes AB5

On Wednesday of this week, the California legislature gave final approval to AB-5, legislation that makes it much more difficult for businesses to classify workers as independent contractors. The bill essentially codifies the Dynamex Operations West decision of the California Supreme Court, which adopted the Massachusetts model of determining employee status with an “ABC test”.…

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MA Paid Family & Medical Leave effective October 1

Delayed from earlier in the summer, employer obligations under the new Massachusetts Paid Family and Medical Leave Law (PFML) will begin in a few weeks on October 1, 2019, when covered employers are required to begin contributions to fund the program. The PFML provides temporary income replacement to eligible workers who welcome a new child…

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Approaching Deadlines: An Eye on the Calendar

As we’ve done periodically over the past year, we want to advise you of some changes in various state laws that may impact your businesses so you’ll be better prepared when the calendar turns to October. Those of you with business interests in Arkansas, Delaware, Maryland, New York, Illinois, Vermont and Oregon may want to…

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Expansive California Bill is Battleground

California Assembly Bill 5 has certainly served to generate significant controversy across many, if not most, industries in the Golden State. AB-5, which has already passed the state Assembly, would codify a California Supreme Court decision (Dynamex Operations West) decided in April 2018. In Dynamex, the state’s highest court established that all workers are essentially…

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Ballot Question To Save Electoral College

Speaking of ballot questions, Colorado voters opposed to the National Popular Vote Interstate Compact have succeeded in collecting enough signatures to put the question before voters next November. Proponents of putting the question before the voters submitted almost 229,000 voter signatures to the Secretary of State – well beyond the 124,000 required. The National Popular…

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