Come Join Us at the Impact Leadership Conference in Visalia The Visalia Chamber of Commerce will be hosting the first annual Impact Leadership Conference on Thursday, March 21, 2019, at the Visalia Convention Center. This is an excellent opportunity for Central Valley employers and employees to participate in quality leadership and workforce training. The conference […]
Category Archives: Articles
The California Supreme Court Recently Held That Employees Cannot Sue Their Employer’s Payroll Provider for Wage and Hour Violations Wage and hour lawsuits continue to be one of the most significant sources of liability in any California employer’s operations. According to recent studies, wage and hour lawsuits have increased more than fourfold since the earlier […]
NLRB Reverts to Common Law Test for Independent Contractors In a recent decision, the National Labor Relations Board (“NLRB”) ruled that shuttle van drivers for the company SuperShuttle are independent contractors and not employees. In doing so the NLRB has revised its test for determining whether independent contractors are exempt from coverage under the National […]
E-Verify is Currently Unavailable Due to the Federal Government Shutdown In the event you use E-Verify, and have tried to process new hires, this is to let you know that it is not you (the company), it’s them (DHS). E-Verify is currently not available – it is part of the federal government shutdown. If you […]
Guidance for Determining Whether Your Company is a “Large Employer” Subject to the New Overtime Requirements (and Your Minimum Wage Obligations) Former Governor Jerry Brown signed AB 1066 into law on September 12, 2016. Among other things, the law gradually phases in an 8-hour day for all agricultural workers. The law makes an important distinction […]
California Supreme Court Provides Helpful Guidance for Employers Conducting Background Checks In Connor v. First Student, Inc., 1,200 bus drivers filed suit against their employer, a bus transportation company, alleging illegal failure to adequately notify them and obtain their prior written authorization when conducting background checks. At issue was the fact that the information procured […]
Proposed Cal/OSHA Standards: Indoor Heat Illness and Workplace Violence The Division of Occupational Safety and Health has issued revised drafts of two proposed new standards. The first standard regulates indoor heat illness prevention. This standard would apply to workplaces when the indoor temperature reaches 82 degrees. Additionally, it would apply in any of the following […]
Limo Company Alleges Uber Illegally Saved $500 Million by Misclassifying Drivers as Independent Contractors A limousine company recently filed a lawsuit against Uber in federal court alleging that Uber misclassified its drivers as independent contractors, to illegally obtain a competitive advantage over its law-abiding competitors (referring to taxi companies and livery services). The limo company […]
Court of Appeal Finds ABC Test Only Applies to Wage-Order Claims Determining whether to classify a worker as an independent contractor or an employee can be tricky business under California law. Add the significant risk associated with misclassifying workers as independent contractors, and the end result is a high stakes game of litigation roulette. Several […]
Gerawan’s Victory Over the UFW Underscores the Absurdity of AB 2751 Last month, agricultural employers everywhere watched as the Agricultural Labor Relations Board finally tallied the workers’ votes from the 2013 decertification election held at Gerawan Farming. Two weeks later, the ALRB cemented Gerawan’s triumph over the United Farm Workers by affirming the 1,098 to […]