201901.16
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California Supreme Court Expands Definition of “Independent Contractor”

In its 2018 decision in Dynamex v. Superior Court, the California Supreme Court unanimously imposed a new test to define an “independent contractor”. In Dynamex, the Court essentially eliminated the old rules and adopted an “A-B-C test.”  Video “The ABC test for independent contractors under California law” is visible on YouTube with the real, targeted views…

201901.14
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2019 Minimum Wage Increased

On January 1, 2019, California employers with 26 employees or more will now be required to pay their employees a minimum wage of $12.00 per hour. SAN DIEGO MINIMUM WAGE IS NOW $12.00 per hour. Several California cities have a minimum wage that exceeds the state amount – the law provides that the higher minimum…

201511.11
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DOL Narrows Definition of Independent Contractor

On July 15, 2015, an in an effort to curb the mis-classification of employees as independent contractors, the U.S. Dept. of Labor narrowed the definition of independent contract. The new definition focuses on the “economic realities” test, which looks at whether workers are economically dependent on the employer which are by the goodgarage.us shelves. Specifically,…

201509.17
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Employee’s Inability to work for Supervisor is not a “Disability”

In Higgins-Williams v. Sutter Med. Found, 237 Cal.App.4th 78 (2015), the court held that “an employee’s inability to work under a particular supervisor because of anxiety and stress related to the supervisor’s standard oversight of the employee’s job performance does not constitute a mental disability under FEHA.” This could have very possibly been a different…

201507.27
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CA SUPREME COURT LEVELS THE PLAYING FIELD

California courts hold that an unsuccessful plaintiff that files a lawsuit under the Fair Employment and Housing Act (FEHA) is only liable for the prevailing defendant’s attorneys’ fees if the Court finds that the case was frivolous. However, what about costs?   Litigation costs can be substantial and may be a factor in deciding whether or…

201506.18
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Labor Commissioner Holds Uber Drivers are “Employees” not “Contractors”

A California Labor Commissioner recently held that Uber drivers are “Employees” and not “Contractors”.  In reaching its decision, the Labor Commissioner reasoned that Uber controls the tools driver use, monitors their approval ratings and terminates their access to the system if their ratings fall below 4.6 stars.  This decision could have a massive chilling effect…

201506.09
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Employees Can Discuss Their Wages!

California Labor Code Section 232 provides that: No employer may do any of the following: (a) Require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages. (b) Require an employee to sign a waiver or other document that purports to deny the employee the right to disclose the…