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 ClassificationAs Easy as 1-2-3, Court Rules ABC Test Applies Retroactively
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
AB 2257: Sweeping Changes To AB 5 Independent Contractor Law
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
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Real Households of California: Issues with Domestic Workers
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
Something’s Afoot in Tinsel Town: New Laws for the Entertainment Industry
Seyfarth Synopsis: Two new California laws are set to significantly affect the entertainment industry: one will deal a giant blow to productions and studios accustomed to hiring independent contractors; the other will give print shoot productions the opportunity to process payments with regular payroll and avoid liability for not issuing payments at wrap.
Some Not-So-Entertaining News
California’s landmark Assembly Bill
Continue Reading Something’s Afoot in Tinsel Town: New Laws for the Entertainment Industry
California Employment Legislative Update: Governor Newsom Gets to Work
Seyfarth Synopsis: The California Legislature has passed a series of bills for Governor Newsom to consider. He now has until October 13 to approve or veto bills such as a Dynamex codification bill and a San Francisco-inspired lactation accommodation bill.
Friday, September 13th marked the Legislature’s last day to pass bills to Governor Newsom’s desk for approval in the first
Continue Reading California Employment Legislative Update: Governor Newsom Gets to Work
Who Are Independent (Contractors)? Throw Your Hands Up At Me!
Seyfarth Synopsis: California’s hotly contested and closely followed AB 5 independent contractor bill, which would extend the ABC test beyond Wage Order claims, just passed the California Senate, and now heads back to the State Assembly for reconciliation before going to Governor Newsom’s desk for his expected signature.
Tell Me What You Think About Me: The Destiny of AB 5
Continue Reading Who Are Independent (Contractors)? Throw Your Hands Up At Me!
Companies Remain In Suspense On AB 5 Independent Contractor Bill
Seyfarth Synopsis: The hotly contested AB 5 was put on hold, but is widely expected to be revived before the end of the legislative session.
On August 13, 2019, the California Senate Appropriations Committee held a short hearing on Assembly Bill 5. AB 5, if enacted into law, would codify the “ABC Test” for employee status adopted
Continue Reading Companies Remain In Suspense On AB 5 Independent Contractor Bill
Gig Workers And The Duty Of Loyalty
Seyfarth Synopsis: Thinking of converting your independent contractors to employees? Not so fast. There are many implications to consider. Below we touch on one of them.
In the wake of the judicial invention of a California version of the “ABC test” to determine proper worker classifications, many companies in the gig economy are grappling with whether to reclassify their workers
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Oh, the Places the California Supremes Will Go!
Seyfarth Synopsis: With apologies to Dr. Seuss, we’ve penned an ode to the judicial chaos of the year just past, highlighted by three California Supreme Court decisions—Alvarado v. Dart Container Corp., Dynamex Operations v. Superior Court, and Troester v. Starbucks Corp.—all of which deviated from federal or common law norms to create more new cal-peculiar law that is friendly
Continue Reading Oh, the Places the California Supremes Will Go!