In its last term, the United States Supreme Court began revamping employee arbitration rights, particularly with respect to class actions. With the current term under way, the Supreme Court has cases in front of it that could further alter these rights.
When Uber entered the market, it began to revolutionize transportation. However, along the way it has faced obstacles that in many instances have found Uber in court. One major issue it's facing is the claim by drivers that they are improperly treated by Uber as independent contractors rather than employees.
The National Labor Relations Board (NLRB) announced a renewed effort to limit liability for companies with workers that are not engaged specifically by the company. A new proposed rule would protect companies from lawsuits by persons hired by contractors or franchisees.
Keeping track of employee time to ensure wages are properly paid as required by law can be tricky. A new California Supreme Court ruling just made the requirement that much more taxing for employers of all types.
On April 30, 2018, the California Supreme Court upended the state's independent contractor market with its decision in Dynamex Operations West v. Superior Court. The Court's ruling changed the way court's will determine whether a worker is an employee or an independent contractor. The case discards the decades-old test established in S. G. Borello & Sons, Inc. v. Department of Industrial Relations (Borello) and replaces it with a new "ABC Test." We initially discussed the difference between these cases in a May 2018 post.
Managing employees has always been a challenge for any employer, large or small; however, ever since the rise of social media sites like Facebook, the challenge has seemed to grow exponentially.
How would you feel upon discovering that, while you are at least as qualified as a co-worker doing the same work as you, that employee makes a materially higher wage than you do?
California State Assemblyman Rob Bonta (D-Oakland) certainly seems like a middle-of-the-road guy seeking to strike a conciliatory balance in workplace legislation he is proposing.
Company principals in all California industries are daily focused on multiple opportunities and challenges across every conceivable work-related sphere.