Tag: Labor & Employment

Labor & Employment

New California Law Imposes Requirements on Contracts with Freelance Workers

Written by Jeremy Mittman and Matt J. Mardesich As readers of this blog are likely aware, California generally uses a three-part test, known as the ABC test, to determine whether workers are classified as employees or independent contractors under the Wage Orders and California Labor Code. However, a notable exception exists for contracts for “professional services” as defined by Labor Code Section 2778, and assuming a multi-part … Continue reading New California Law Imposes Requirements on Contracts with Freelance Workers

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Labor & Employment

Recent California Law Clarifies Loan-Out Companies Are Lawful 

Written by Anthony J. Amendola and Matt J. Mardesich Many artists in the motion picture industry choose to provide their services through personal services corporations or similar entities generally known as “loan-out” companies.  When a recipient of the talent’s services (e.g., a producer or other industry employer) engages talent in this manner, the “loan-out” company serves as the artist’s “general” (on-going) employer and “lends” the … Continue reading Recent California Law Clarifies Loan-Out Companies Are Lawful 

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Labor & Employment

California Eliminates Employers’ Ability to Require Employees to Take Vacation Before Receiving Paid Family Leave Benefits

Written by Jeremy Mittman and Diana M. Martinez On September 29, 2024, Governor Gavin Newsom signed into law AB 2123 to change California’s state sponsored paid family leave (PFL) program.  As part of the PFL program, eligible employees receive wage replacement benefits while taking time off for several reasons such as taking care of a seriously ill family member or bonding with a minor child … Continue reading California Eliminates Employers’ Ability to Require Employees to Take Vacation Before Receiving Paid Family Leave Benefits

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Labor & Employment

California Court Strikes Down Employer’s Arbitration Agreement, Causing Employers to Review Their Agreements for Compliance

Written by Jeremy Mittman and Aharon Kaslow On May 24, 2024, the California Court of Appeal held that USC’s arbitration agreement with its employee, Pamela Cook, was unenforceable.  USC requested that the court reconsider its decision, and on June 13, 2024, the Court of Appeal denied the request.  The decision in Cook v. USC, 102 Cal.App.5th 312 (2024), reh’g denied (June 13, 2024), has therefore … Continue reading California Court Strikes Down Employer’s Arbitration Agreement, Causing Employers to Review Their Agreements for Compliance

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artificial intelligence, Labor & Employment

U.S. Department of Labor Issues Helpful Guidance on Employers’ Use of Artificial Intelligence in the Workplace

Written by Jeremy Mittman and Talya Seidman Cytryn Recently, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued guidance on the application of federal labor standards to employers’ use of artificial intelligence (AI) and other automated systems in the workplace. Field Assistance Bulletin (FAB) No. 2024-1 warns employers that using these technologies can run afoul of the Fair Labor Standards Act (FLSA) and … Continue reading U.S. Department of Labor Issues Helpful Guidance on Employers’ Use of Artificial Intelligence in the Workplace

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Labor & Employment

California Supreme Court Issues A Rare “Employer Friendly” Decision Concerning Employee Wage Statements

Written by Gary M. McLaughlin, Jeremy Mittman, and Sandra Hanian Earlier this month, the California Supreme Court unanimously held in Naranjo v. Spectrum Security Services, Inc. that an employer’s good-faith belief that it provided complete and accurate wage statements bars statutory penalties for a knowing and intentional failure to comply with wage statement requirements under California Labor Code Section 226. Background Gustavo Naranjo worked as a … Continue reading California Supreme Court Issues A Rare “Employer Friendly” Decision Concerning Employee Wage Statements

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Labor & Employment

When Time Is On The Employee’s Side: The California Supreme Court Provides Guidance On What Constitutes Working Time

Written by Jeremy Mittman and Greg Agron Late last month, the California Supreme Court handed down its long-awaited decision in Huerta v. CSI Electrical Contractors, clarifying three questions posed by the United States Court of Appeals for the Ninth Circuit. Facts of the Case Plaintiff George Huerta and others were hired by subcontractor CSI Electrical Contractors (CSI) for work at a solar power facility in … Continue reading When Time Is On The Employee’s Side: The California Supreme Court Provides Guidance On What Constitutes Working Time

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Labor & Employment

Los Angeles County Passes New “Fair Chance Ordinance” for Unincorporated Areas, Further Restricting Employers’ Use of Criminal History

Written by Jeremy Mittman and Thea E. Rogers Late last month, Los Angeles County passed a new Fair Chance Ordinance For Employers that aims to provide greater protections to individuals with criminal history seeking employment (or promotion) in unincorporated areas of Los Angeles County.  This Ordinance, which arguably restricts employers’ ability to consider criminal history significantly more than any current federal or state criminal conviction … Continue reading Los Angeles County Passes New “Fair Chance Ordinance” for Unincorporated Areas, Further Restricting Employers’ Use of Criminal History

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Labor & Employment

With Release of New Guidance, California Employers Now Have What They Need To Comply with July 1st Deadline To Implement a Workplace Violence Prevention Plan

Written by Jeremy Mittman and Thea Rogers Earlier this month, Cal-OSHA released a model workplace violence prevention plan for employers (in non-health care settings) to use as a customizable template when preparing their own workplace-specific plans.  That same day, the state agency also released a “fact sheet” providing California employers (also in non-health care settings) with an overview of how to create a compliant workplace … Continue reading With Release of New Guidance, California Employers Now Have What They Need To Comply with July 1st Deadline To Implement a Workplace Violence Prevention Plan

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Labor & Employment

It Takes Two To Make a Rule Go Right (?): NLRB Unveils New Joint Employer Test

Written by Jonathan Turner and Eric Engelman The New NLRB Joint Employer Test The National Labor Relations Board (“NLRB”) recently unveiled a final rule creating a new joint employer test under the National Labor Relations Act (“NLRA”). The new rule creates a lower threshold to make it easier for two or more employers to be considered “joint employers” under the NLRA. This is the latest … Continue reading It Takes Two To Make a Rule Go Right (?): NLRB Unveils New Joint Employer Test

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