Category Archives: 2018 News

New California ABC Test for Independent Contractors

Many employers within California rely on what has been a tried and true test to determine whether a person providing “service” or work to their company can be correctly classified as an Independent Contractor. In the recent California Supreme Court ruling, Dynamex Operations West v. Supreme Court filed 4/30/18, this process has been significantly changed. With this ruling, the California Supreme Court established that a test known as the “ABC Test” will be used to make the determination of whether or not any individual WILL be classified as an employee, or the person may be classified as an Independent Contractor. The ABC test is a three prong analysis of...
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U.S. Supreme Court Ruling – Class Action Waiver in Arbitration Agreements

A recent U.S. Supreme court ruling, Epic Systems Corp v. Lewis upheld that class and collective action waivers within an Arbitration Agreement are enforceable under the Federal Arbitration Act. Further the court concluded that such stipulations within an Arbitration Agreement do not violate Section 7 of the National Labor Relations Act. This decision sets a precedent to allow employers to require employees to sign an arbitration agreement as a condition of employment, and for the employer to enforce the arbitration process for resolution of most employment issues. Employers should review their existing arbitration agreements to ensure that they contain the correct and adequate language to hold up under...
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2018 California Legal Update

2018 Legal Update Recap As we ring in the new year, employers should keep an eye on the many changes in law going into effect as of January 1, 2018. Below is a recap of the changes. There may be additional changes coming beyond what I am recapping here for you. California AB-1008 §12952: This law makes changes to the California Fair Employment and Housing (DFEH) regulations for employers of 5 or more employees, as follows: The bill attempts to reduce barriers for persons seeking employment by prohibiting any form of question regarding criminal background, convictions etc., whether verbal or on a pre-employment application or fact discovery process prior to...
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