Seyfarth Synopsis: Collaborations with athletes, actors, and singers have always been a great way for companies to grow their brand recognition and create profitable products. Similar to celebrity-filled ads in the Super Bowl, collaborative relationships between influencers and companies on social media continue to be prevalent. With California’s unique laws on classifying independent contractors, including how “work made for

Continue Reading Avoiding Fumbles and Penalties in California with Influencer Classification

Seyfarth Synopsis:  On Saturday, October 9, 2021 Governor Newsom signed the last of 2021’s pending employment-related bills, including a bill imposing even more restrictions on settlement agreements. The new laws will become effective on January 1, 2022. This post summarizes the new approvals as well as other new key employment laws with which California employers will need to comply.

On
Continue Reading New Restrictions in Settlement and Severance Agreements Headline Governor Newsom’s Final 2021 Legislative Approvals

Seyfarth Synopsis:  On Monday, September 27, Governor Newsom signed a number of employment-related bills, including bills aimed at combatting wage theft and wage/hour violations by garment manufacturers, all of which go into effect on January 1, 2022. The Governor also vetoed two measures by Assembly member Lorena Gonzalez aimed at paid family leave and recall rights for hotel workers.

Going
Continue Reading Governor Signs Garment Manufacturer, Wage Theft, and Other Employment-Related Bills

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: In a unanimous decision, the California Supreme Court held that the worker friendly “ABC” test set forth by the Court in its 2018 landmark ruling, Dynamex Operations West, Inc. v. Superior Court, applies retroactively. The ABC test thus applies to all pending cases governed by the California Wage Orders in determining whether a worker is an
Continue Reading As Easy as 1-2-3, Court Rules ABC Test Applies Retroactively

Seyfarth Synopsis: September 30 was Governor Newsom’s last day to sign or veto bills the Legislature passed by its August 31 deadline. Some new laws—including COVID-19 supplemental paid sick leave and workers’ compensation presumption—became effective immediately upon signing. Others—such as an expansion of CFRA and other leave rights, an EEO-1-like annual pay data report, and (believe it
Continue Reading Pen Down, Governor Newsom: California’s Newest Employment Laws

Seyfarth Synopsis: Businesses operating in California have had all of eight months to adapt since Assembly Bill 5, a landmark piece of legislation governing their relationships with independent contractors, took effect on January 1, 2020. Now, with the passage, executive signature, and immediate enactment of Assembly Bill 2257, businesses must once again adapt to another drastic shift in the employee
Continue Reading AB 2257: Sweeping Changes To AB 5 Independent Contractor Law

Seyfarth Synopsis: The California Legislature has passed a series of employment-related bills for Governor Newsom to consider. He has until September 30 to approve or veto these bills, most of which relate to leaves of absence and COVID relief.

Monday, August 31st (or, really, the wee hours of September 1) marked the Legislature’s last day to pass bills to Governor
Continue Reading California Employment Legislative Update: Time for Governor Newsom to Get to Work

Seyfarth Synopsis: The controversy surrounding AB 5 unveiled a clear need for a new avenue of classifying so-called gig workers to combine the certainty of employee designations with the flexibility of gig jobs. What are the promises of and prospects for a hybrid classification that would provide workers with some employee benefits while also providing workers and companies some of
Continue Reading GoT’s All-Seeing Three-Eyed Raven: The Gig Economy in California

Seyfarth Synopsis: When we think of California employers encountering complex issues during the COVID-19 pandemic, images of retail, service, and other types of businesses come to mind. But one special type of employer needs to be mindful of California law: the family who employs workers to support the household as nannies, chefs, security personnel, personal assistants, and personal caregivers. We
Continue Reading Real Households of California: Issues with Domestic Workers