California - General

California employers continue to have complicated questions about the use of independent contractors in the state almost a year after adoption of Assembly Bill 5 (AB 5), which established more stringent standards for the classification of workers as independent contractors.

AB 5, California’s sweeping and landmark independent contractor law, became effective on January 1, 2020. By January 6, bills were already being introduced to amend the law. At one time, more than 30 such bills were pending. After months of debate, that work seems to have been distilled into

On August 7, 2020, the San Francisco Office of Economic and Workforce Development (OEWD) published guidance regarding the City of San Francisco’s “Temporary Right to Reemployment Following Layoff Due to COVID-19 Pandemic Emergency Ordinance.” Also known as the “Back to Work” emergency ordinance, the

On August 19, 2020, in response to technical difficulties producing I-766 Employment Authorization Documents (also known as EAD cards), the Department of Homeland Security announced that employees may produce and employers must accept a paper I-797

On August 18, 2020, Sonoma County joined the list of California cities and counties that have enacted emergency paid sick leave ordinances. The urgency ordinance took effect immediately and will remain in effect until December 31, 2020, unless the law on which it is modeled, the federal Families Fir

Despite all that is going on in the world, the California legislature has been busy this year. Below is a summary of the major employment law bills that are working their way through the state Assembly and Senate.

Social activism pervades our daily lives more today than it has

Introduction: On May 12, 2020, we reported on a lawsuit filed by California Attorney General Xavier Becerra and the city attorneys of San Francisco, Los Angeles, and San Diego against Uber and Lyft on May 5, 2012, seeking to require them to reclassify their drivers as employees, entitled California

On August 7, 2020, the San Francisco Office of Economic and Workforce Development (OEWD) formally issued its guidance on the Temporary Right to Reemployment Following Layoff Due to the COVID-19 Pandemic Emergency Ordinance (also known as the “Bac

California is known for having the most aggressive approach among the states regarding restraints on profession, trade, and business. Specifically, California Business and Professions Code section 16600 codifies this approach: “every contract by which anyone is restrained from engaging in a lawful p

By: Waymo v. Uber – Anthony Levandowski Convicted – Do Not Pass Go! Its been over three years since Judge Alsup’s early rulings demonstrated his concern that Waymo’s former star engineer, Anthony Levandowski, took Waymo’s proprietary information to Uber and, today, August 4, 2020, Judge Alsup senten

On July 24, 2020, the California Department of Public Health issued its most recent guidance for employers. According to the Department, the COVID-19 Employer Playbook for a Safe Reopening provides businesses with “the tools to open safely and mitigate risks associated with COVID-19.” The following

On July 22, 2020, Health Officer Tomás J. Aragón of the City and County of San Francisco issued Public Health Emergency Order No. C19-12c, entitled, “Order of the Health Officer of the City and County of San Francisco Generally Requiring Members of the Public and Workers to Wear Face Coverings.”

Nearly two and a half months after its emergency paid sick leave (EPSL) ordinance took effect on May 12, 2020, Oakland, California released frequently asked questions (FAQs) about the new law. The FAQs do offer some clarification, but more often merely mirror the ordinance's text, leaving employers

On July 24, 2020, the State of California released its “COVID-19 Employer Playbook for a Safe Reopening.” According to the playbook, its purpose is to help employers “plan and prepare for reopening their business[es] and to support a safe, clean environment for workers and customers.” The Employer P

The State of California and many California counties mandate the use of face coverings in the workplace and elsewhere. California considers the issue important enough to include a section entitled “Guidance for Employers and Workers in Enforcing Mask Requirements” in its “COVID-19 Employer Playbook

As employers are adapting to rebuilding the workplace during a pandemic, California recently introduced a bill that will require employers to provide “specified notifications” to its employees and relevant governmental entities of any employee exposure to COVID-19 “that the employer knew of or shoul

By: A Slew of New Employment Laws May Be on the Horizon for California Employers Although the pandemic has caused the shutdown of many businesses and has significantly curtailed life as we know it, it has not stopped the California legislature. The legislature is considering a number of bills this t

On May 6, 2020, Governor Gavin Newsom of California issued Executive Order (EO) N-62-20, creating a temporary rebuttable presumption that employees working outside of their homes who test positive for COVID-19, the disease caused by SARS-CoV-2, may receive workers’ compensation benefits. In doing so

By: Groundhog Day? California Governor Re-Closes Numerous Businesses Effective Immediately Citing concerns about COVID cases being on the rise in California, today Governor Newsom announced a number of businesses that are being required to close again, effective immediately. Statewide, the following