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…

Read More »

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”.…

Read More »

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…

Read More »

Government That Governs Least – Not!

In the catalogue of government overreach, or nanny-state actions of late, we’d hasten to submit Oregon at the state level and old favorite San Francisco in the local community category. Just a few weeks ago, Oregon Governor Kate Brown signed into law Senate bill 1019, which provides that beginning in the year 2024, all eggs…

Read More »

California Codifying “ABC Test”?

The California state senate is closing in on final consideration of AB-5, which will codify the Dynamex decision of the California Supreme Court. That decision, rendered in early 2018, established the “ABC Test” for determining whether a worker is an employee or an independent contractor as opposed to the historically-accepted Economic Realities Test. Whereas the…

Read More »

California Expands Paid Family Leave

File under the heading: Is enough ever enough? Shortly before the July 4 holiday, California Governor Gavin Newsom signed the state budget into law which re-established an individual insurance mandate. What we didn’t know at the time though, was that it also expanded the Golden State Paid Family Leave (PFL) program, effective July, 2020. The…

Read More »

ObamaCare, California-style

It may be effectively neutered at the federal level, but the California legislature just put the individual mandate back on the books when it passed SB 78, legislation that authorizes the taxing of California citizens who do not purchase health insurance and Governor Gavin Newsom signed it into law last Friday. The new law essentially…

Read More »

Minimum Wage Study Verifies Impact

The small town of Emeryville outside Oakland, California adopted an aggressive living wage law back in 2015. Just one month after the city council passed the minimum Wage and Paid Sick Leave ordinance on June 2, the $9.00 minimum wage increased to $12.25 for small businesses (55 or fewer employees) and to $14.44 for large…

Read More »

Overtime Minimums Higher Than DOL’s

We thought it might be a good time to reiterate that the proposed Department of Labor overtime exemption threshold, which was increased to $35,308 just over one month ago, is not the operable threshold in New York – and some other states (California in particular) as well. Employers in New York are subject to the…

Read More »

California Takes Sugary Beverage Fight To Next Level

The ‘Queen of all Nanny States’ is at it again – and with a vengeance this time! California legislators are entertaining 5 pieces of legislation that seek to restrict sugary beverage consumption in a host of ways – from taxing them to labeling them to limiting the size of sugary drinks. Proponents of the beverage…

Read More »