Seyfarth Synopsis: Back in January 2020, a federal district court enjoined the State of California from enforcing AB 5, a law about classification of independent contractors, against interstate motor carriers (see our prior piece here). Now, in a split 2-1 decision, a Ninth Circuit panel has reversed the district court, and held that the Federal Aviation Administration
Continue Reading Ninth Circuit Applies AB 5 Against Interstate Motor Carriers

Seyfarth Synopsis: Businesses at the San Francisco International Airport (SFO) may need to make significant changes to employee health benefits under San Francisco’s Healthy Airport Ordinance by April 1, 2021. These FAQs cover employers’ most-pressing questions regarding the Ordinance and its implications for employers.

The seatbelt sign has been on for San Francisco employers for quite some
Continue Reading Turbulence Ahead: FAQs For SFO Healthy Airport Ordinance

Seyfarth Synopsis: On April 28, 2020, Mayor London Breed announced a plan to allow employees working in San Francisco to use funds from the Healthcare Security Ordinance (“HCSO”) contributions to buy “necessary expenditures,” including food, rent, and utilities during the COVID-19 pandemic. Previously, use of these funds were limited to eligible health care expenses. Now, Mayor Breed’s announcement unlocks
Continue Reading San Francisco’s Stimulus: Employees Can Use Healthcare Funds During COVID-19

Seyfarth Synopsis: A proposed bill would amend California employment discrimination law to protect medical marijuana users.

California—already famous (or infamous) as a sanctuary in the immigration area—could soon become a sanctuary for medical marijuana users. A proposed bill would protect medical marijuana users from employment discrimination.

Currently, California employers can deny employment to users of marijuana, even if the use
Continue Reading Into the Weeds: Will California Employment Law Protect Medical Marijuana Users?

Seyfarth Synopsis: The California Supreme Court heard oral arguments yesterday morning in Dynamex Operations v. Superior Court, a case addressing the legal standard for determining whether a worker should be classified as an independent contractor or an employee. We expect the Supreme Court’s opinion will be significant for any entity using independent contractors in California.

The Story Thus Far

As
Continue Reading California Supreme Court Hears Oral Argument to Define “Independent Contractor”

Seyfarth Synopsis: In June 2017, the San Francisco Board of Supervisors passed an ordinance requiring employers to provide a private “lactation location” where new mothers can pump their milk as well as a “lactation break” during the work day, in addition to other amenities. The ordinance is effective January 1, 2018 and is more expansive than current state and
Continue Reading San Francisco Regulators Provide Anticipated Guidance For Lactation Ordinance

Seyfarth Synopsis: The California Supreme Court, in Dynamex Operations v. Superior Court, has agreed to address the legal standard for determining whether a worker classified as an independent contractor is really an employee. The Supreme Court’s opinion is expected to be significant for anyone thinking of using independent contractors in California.

The Future of Work: A Surging Demand for
Continue Reading California Supreme Court Set to Address Fate of Independent Contracting

Seyfarth Synopsis: California employers may not require employees to submit to random drug testing, except under very limited circumstances.

California public policy, stated in our Constitution, strongly favors the right of privacy. But employers have their own legitimate interest in maintaining a safe, drug-free work environment. So what’s the blunt truth about random drug testing in California?

As we
Continue Reading Random Drug Tests (Still) Not Advisable In Most California Workplaces