California Bill Would Significantly Change the Definition of an Employee

California businesses who rely on “gig workers” to perform the work for the company may soon need to restructure their business model based on a new bill that has been passed by Congress in California and is expected to be signed soon by Governor Gavin Newsom. This new bill would require that companies using these “gig workers” (the two biggest companies being Uber and Lyft) reclassify their workers to be considered employees rather than continue to be classified as independent contractors.  

It’s important to note that this would only apply to California workers. The National Labor Relations Board (NLRB) ruled earlier this year that Uber drivers (and similar workers) were independent contractors because they used their own equipment, set their own schedules, could work for competitors, and were responsible for their own profit and/or loss. Continue reading

California Sexual Harassment Training Requirements Expanded

With the passing of Senate Bill 1343, training requirements have changed for California businesses. California employers with 5 or more employees are now required to provide sexual harassment training to both supervisory employees as well as nonsupervisory employees. By January 1, 2020, supervisory employees must receive 2 hours of sexual harassment training and nonsupervisory employees must receive 1 hour of training. Going forward, this training must occur every two years. For all new employees, training must occur within six months of hire. For all new temporary or seasonal employees, training must occur within 30 calendar days or 100 hours worked, whichever comes first. Continue reading

California: New Employment Laws in 2018

Beginning on January 1, 2018 there are a number of new employment laws going into effect in California that employers should be aware of.  Read below for details regarding five of these new laws.  Continue reading

Clarification on the “Day of Rest” Requirement for California Employers

Employees in California must receive at least one day off per week (“day of rest”) under California labor law.  This is not a new requirement, however the California Supreme Court recently clarified how the “day of rest” rule applies.

The court stated that employers must allow a day of rest in each workweek. The workweek is defined by each employer, generally in the Employee Handbook. The rule doesn’t indicate that the employee receives at least one day off in any seven day period. So, for example, if an employer has a workweek defined as Sunday through Saturday, an employee could have Tuesday off one week and then Friday off the following week. This means the employee would be working nine days in a row, but the employer is still in compliance with the day of rest requirement because the employee is getting one day off in each workweek.  Continue reading