NY Governor Calls for Paid Leave Mandate

In his 2020 State of the State Address this week, New York Governor Andrew Cuomo called for employers in the Empire State to provide paid sick leave benefits for employees. The Governor’s plan would mandate that employers of 5 to 99 workers provide 5 days of paid sick leave annually and those with 100 or…

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California Considerations and Court Challenges

Where to begin? Well, for openers and staying with the theme of a January 1 effective date, a ban on the use of latex gloves in restaurants throughout California takes effect with arrival of the New Year. California Governor Gavin Newsom signed legislation back in September (SB 677) making the Golden State the 7th in…

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Classification Law Moving East

With its recently enacted legislation, AB-5, which significantly alters the ground rules for the classification of employees, California has advanced the political “acceptability” of the “ABC” test first implemented in Massachusetts. Now, it would appear that New York State may be the next state to fall in line on “ABC” classifications. A new labor-backed coalition…

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PRO Act Advances in House

By a straight party-line vote of 26-21, the US House Education and Labor Committee advanced the “Protecting the Right to Organize Act” (H.R.2474) out of committee and sent it to the full House for further deliberation. Filed by House Committee Chairman Bobby Scott (D-VA), the PRO Act would strengthen collective bargaining rights for workers in…

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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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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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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…

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Salary History and Plastic Bag Bans

State legislatures continue their parade to ban this or that from the business toolbox and this week we have 2 more with Delaware and New Jersey. Delaware Governor John Carney signed a new plastic bag ban on Monday of this week, making Delaware the 4th state in the nation to ban single-use plastic bags. The…

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Employment Law Traps Abound

Whether the NLRB remains in business or not, the plethora of traps that unwitting small businessmen and women can find themselves caught in shows no signs of shrinking. Here are a couple of issues to ponder. Under recent court rulings in both Connecticut and Massachusetts, employers may be sued for not making a reasonable accommodation…

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