Truly, how complicated and dynamic is labor law?
AB 621 (Amnesty for Converting Independent Contractor Drayage Drivers to Employees)
Assembly Bill 1513 (Hourly Pay for Rest and Recovery Periods for Piece-Rate Workers)
A new decision came out today from the National Labor Relations Board (NLRB) that will definitely affect the use of temporary workers and may also affect the use of independent contractors by opening the door to their unionization. You can read the NLRB press release here (https://www.nlrb.gov/news-outreach/news-story/board-issues-decision-browning-ferris-industries). That release has a link to the actual 50 page decision in Browning-Ferris Industries of California, Inc., d/b/a BFI Newby Island Recyclery, 362 NLRB No. 186 (2015).
Paid sick leave is an important employee right for those who have met California's paid sick leave laws. Recently California amended its laws to establish minimum standards of paid time off.
Every couple of years, the topic of minimum wage is bound to come up in conversations, pitting workers against political figures who may disagree on whether raising the minimum wage is a good idea or not. 2014 was one such year, which also resulted in a public address from the president who urged Congress to consider passing legislation that would change the federal minimum wage from $7.25 to $10.10, potentially affecting some 28 million Americans in the process.
The conduct of an employee while they are with a business and after they leave the business can have some rather significant effects on the business as a whole. This is one of the reasons why business owners often put a great deal of time and energy into the content of their contractual agreements with employees. There are many types of agreements a business owner might ask an employee to sign when the employee starts with the business, such as an employment contract, non-compete agreements and confidentiality agreements.
As Lenora Lapidus, director of Women's Rights Project at the American Civil Liberties Union, said it best, "pregnant women should never have to choose between their job and their pregnancy." As you may know, this was one of the very things that the addition of pregnancy discrimination to Title VII of the Civil Rights Act was supposed to put an end to. But as the case of Young v. United Parcel Service illustrates, such a decision is still facing women across the nation, even though legislation has been in place since 1978 to prevent it.
Recently, California enacted a new law applicable to companies using temp workers. Assembly Bill 1897, codified as section 2810.3 of the California Labor Code became effective in 2015. Under the new law a company using temp workers will be liable to the workers supplied by the temp agency for wage and hour violations. Previously, a company using temp workers was only responsible for certain types of claims when it was determined to be a joint employer.
The law has always presented a unique challenge for businesses across the nation. Not only are they bound by federal laws but those of the states in which they operate their business as well. But owners and managers not only want to make sure that they are following the law but that their employees are as well. Oftentimes, this requires discussions with a skilled attorney who is able to explain the laws at hand and when a violation has occurred.