Independent Contractors

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: While the Buggles took creative liberties when they claimed that Video Killed The Radio Star, the House of Origin deadline axed a number of employment-related bills. California legislators began this legislative session at the apex of the pandemic, introducing a flurry of COVID-19-related bills, many of which failed to survive the June 4, 2021 deadline to pass
Continue Reading California Legislative Update: House Of Origin Deadline Unplugs Employment 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: Headlining the number of employment-related bills California legislators introduced by the February 19th deadline are those that would extend COVID-19 Supplemental Paid Sick Leave and provide other leaves and accommodations.

After last year’s pandemic-caused truncation of the 2020 legislative session—in which the governor signed only 372 new laws, the fewest since 1967—many expected the introduction of a large
Continue Reading Legislative Update: Paid Leave and Accommodation Tops 2021 Legislative Year

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: 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: Governor Newsom has approved some of the bills most feared by employers, including bills to ban employment arbitration, extend FEHA administrative deadlines, codify the Dynamex ABC test, and create San Francisco-style lactation-accommodation requirements. Governor Newsom also vetoed a few bills that we might expect to be re-introduced in the same or similar form during 2020.

Governor Newsom acted
Continue Reading Legislative Update: Governor Newsom Pens Halloween Terrors for California Employers

Seyfarth Synopsis: Companies marketing through social media are likely familiar with social media influencers like the Kardashian/Jenners in cosmetics, DanTDM in gaming, and Kayla Itsines in fitness. California companies using the services of such influencers must be mindful, as always, of California peculiarities when it comes to classifying these individuals as contractors or employees.

As anyone who
Continue Reading Hiring Influencers: Are You Playing With Fyre?

Seyfarth Synopsis: 2016 brought a wave of new protections for California employees and scant protection for employers. In this week’s post, we anticipate changes for 2017, in the ever-peculiar world of California employment law.

True to our tradition, we pause at the beginning of the New Year to reflect on last year’s California employment law changes, and consider possible trends.
Continue Reading Charting the Future: What’s Coming in 2017 in California Employment Law?