Category: Uncategorized

A court case that began five years ago reached a final decision with the California Supreme Court early this month, and it marks an important change that all employers need to take notice of. Donohue v. AMN Services LLC is an action brought by a nurse recruiter. The plaintiff argued that her employer’s practice of rounding her meal…

It is all but obvious to recognize how much technology continues to evolve and change our everyday lives. This is a truth also keenly felt in the trucking industry. Given this, it remains important to check in and keep track of how the industry may be changing in ways big and small due to these…

With the Biden Administration approaching thirty days in office, the economic landscape in the country shows mixed signs, with many potential policy changes ahead, especially for business law. On the unemployment front, filings continue to be high but have dropped for three straight weeks. This suggests the economy could be turning a corner, particularly as more…

With the Biden Administration approaching thirty days in office, the economic landscape in the country shows mixed signs, with many potential policy changes ahead. On the unemployment front, filings continue to be high but have dropped for three straight weeks. This suggests the economy could be turning a corner, particularly as more Americans receive a COVID…

A new tractor-trailer could cost as much as a house. These massive machines require a major investment to purchase and maintain them, and keep them running as part of your fleet. If you started building your own commercial transportation business, you may have initially been the only worker as an owner-operator. You may have decided…

On January 15, 2021, the Ninth Circuit Court of Appeals settled, for now, whether California’s meal and rest break requirements were pre-empted by federal law. The Court ruled that the Federal Carrier Motor Safety Administration’s (FMCSA) determination that the California rules were pre-empted was proper. California’s rules are generally stricter than those provided federally, with California’s…

While COVID continues to impact every part of society, businesses continue to struggle with how to operate safely. A major part of this consideration is keeping staff safe as and after they return. One concern for businesses in doing so is whether they’ll face liability if staff members become infected at work, an issue governments…

The Federal Motor Carrier Safety Administration (FMCSA) has made changes to the hours of service (HOS) regulations. They state that the purpose is to give drivers more flexibility while maintaining safety standards. The new regulations passed on June 1, 2020, and go into effect on September 29, 2020.  Overview of changes The changes apply to the following…

As states like California have seen a new surge in COVID cases, a second round of shutdowns is taking away some of the hope businesses may have had for an economic rebound. As businesses try to adjust, the changes range from the basic to the extreme. On the simple end, Walmart announced it will begin requiring customers to wear…

Along with handling the basic safety in reopening amidst the COVID-19 pandemic, California businesses also face new requirements with regard to employees returning to work. These requirements are meant to ensure the safety of workers and customers and allow businesses to open during the pandemic and thus should be on the radar for all companies as they…

May saw a historic surge in retail sales and June followed up with 4.8 million new jobs added. But with COVID cases spiking and many states re-closing, the economic concerns remain. Despite the upward trend, the numbers, of course, don’t factor in the recent spike in cases and re-closures occurring. Both signs that spending and new jobs won’t be…

On the heels of a historic drop in consumer spending in March, the US saw a correspondingly historic surge in retail sales in May, with sales increasing 17.7% month over month. The surge comes, of course, with many states beginning reopening plans and with some expected business seeing upticks, including grocers. However, clothing stores like Macy’s have also…

As states start to ease pandemic restrictions, most businesses are figuring out what their new normal will look like, not just in reopening in the short term, but long term as well. A move to online anywhere possible and the ability to be flexible both seem to be necessary tools for any company going forward.…

With social distancing rules well into month two, some states are either beginning or contemplating strategies for re-opening business, as they struggle with the impact of the virus that, in many places, still hasn’t seen enough progress to allow great re-opening that so many are hoping for. As the necessary closures continue, we are seeing…

Since California’s passage of AB5, several lawsuits have arisen that challenge the law, with others testing its limits and impact. More recently, California has begun its attempts to enforce the law by targeting Uber and Lyft. In May, California Attorney General, Xavier Becerra, filed a lawsuit in San Francisco County Superior Court alleging Uber and Lyft misclassify…

Larson & Gaston, LLP is committed to supporting our clients and community in responding to the COVID-19 Pandemic. Our office remains operational as our attorneys and staff are working remotely following the orders of our County and State governments. While we are working remotely as part of the effort to slow the spread of this…

As discussed previously on this blog, California’s AB5 is already rewriting employment law across a variety of sectors in California. Now the United States House of Representatives looks like it wants to use AB5 as a model for federal legislation. The House of Representatives recently passed a union backed bill that would use a similar approach to assessing…

As discussed previously on this blog, California’s AB5 is set to completely rewrite California’s employment law. With the law taking effect with the start of the new year, California’s trucking industry was facing unprecedented change. However, the California Trucking Association (“CTA”) got a key court victory on December 31, to beat out the countdown to midnight. At least…

As discussed previously on this blog, the question of whether Dynamex applies retroactively is a fascinating one that will have significant ramifications on all industries using independent contractors. The Ninth Circuit Court of Appeal initially determined Dynamex could be applied retroactively in Vazquez v. Jan-Pro Franchising International but later withdrew that opinion and referred the question to the California Supreme Court, which…

California’s recent passage of AB 5 has caused waves across the state’s employment market. However, the passage of the bill is clearly not the final word. There are likely legal challenges to come and, beyond this, the companies most directly targeted by the bill are already fighting back. One step in the fight was taken by Uber,…