The independent contractor / employee distinction is a vital one for businesses across California and the United States. "Employee" status confers many legal benefits that "independent contractor" status does not so confer. For example, only employees are subject to...
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Biometric Timeclocks: A Ticking Timebomb?
Employers across California, and the nation for that matter, are taking steps to modernize time-clocks utilized in the workplace. Employers are replacing pen and paper time-sheets or standard "punch" time-clocks with modern, biometric timekeeping systems as a means of...
Epic Systems Corporation v. Lewis-Class Action Waivers
Finally, a victory for employers! Earlier today, on May 21, 2018, the United States Supreme Court issued its opinion in Epic Systems Corporation v. Lewis, ruling that employers can require employees to waive their right to bring class action claims....
Don’t Forget! OSHA Log Summaries Must be Posted by February 1st
Employers, it's that time of year again. February 1st marks the official deadline for you to tabulate and post your OSHA Log Summary. The OSHA Log Summary, also known as the OSHA Form 300A must be completed and posted in the area where employee notices usually...
DFEH Makes New Mandatory Transgender Rights Poster Available
Starting January 1, 2018, all California employers will be required to display a new workplace poster related to transgender rights. Governor Jerry Brown's recently signed Senate Bill 396, requires that the poster be posted in a prominent and accessible...
New California Department of Fair Employment and Housing (DFEH) Transgender Regulations
In May of 2017, the California Department of Fair Employment and Housing (DFEH) approved new regulations pertaining to gender identity and gender expression in the workplace. These regulations became effective July 1, 2017. The newly passed regulations do not create...
Medical marijuana use is a reasonable accommodation in Massachusetts despite federal ban
On July 17, 2017, the Massachusetts Supreme Judicial Court ruled in favor of a woman challenging her termination for testing positive for medical marijuana use. The six judge panel found in her favor after determining her doctor's prescription for medical marijuana...
California Supreme Court Issues Decision on 7th Day of Rest
On January 7, 2017, we posted a blog on our website titled "AB 1066 - On the Seventh Day Thou Shall Rest?" (/blog/2017/01/ab-1066---on-the-seventh-day-thou-shall-rest.shtml). We explained that the California Supreme Court would provide guidance - pertaining to the...
AB 1066 – On the Seventh Day Thou Shall Rest?
Does the Seventh Day of Rest/ One Day's Rest in Seven Rule Apply to California Agricultural Employees starting January 1, 2017? Yes. Many employers are aware that AB 1066 will slowly raise overtime wages for agricultural employees beginning January 1, 2019 with a...
OSHA’s New Injury Reporting Rule in The Workplace- 29 CFR 1904
On May 11, 2016, the Occupational Safety and Health Administration (OSHA) published its rule on employers electronic reporting of workplace injuries and illnesses. This new rule became effective on August 10, 2016, however OSHA delayed its enforcement until November...