Significant New Employment Laws for 2021

As we look ahead to the new year, below is a summary of several updates to the employment laws in California, some of which have already gone into effect and others of which are effective January 1, 2021.  The following is an overview of some of the key changes California employers should be aware of, which will require handbook and/or policy updates to remain in

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CA Supreme Court Makes It More Difficult to Classify Workers as Independent Contractors

The California Supreme Court has issued a decision in Dynamex Operations West, Inc. v. Superior Court that broadens the scope of workers who will qualify as employees as opposed to independent contractors for purposes of California’s wage and hour regulations set forth in the Industrial Welfare Commission’s (IWC) Wage Orders, including regulations regarding minimum wage, overtime, and meal and rest breaks. In Dynamex, delivery drivers sued a nationwide

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California Appellate Court Reverses Order Denying Class Certification of Newspaper Home Delivery Carriers’ Independent Contractor Misclassification Claims

In Ayala v. Antelope Valley Newspapers, Inc., Cal. Ct. App. Case No. B235484 (Certified for Publication Oct. 17, 2012), the plaintiffs had sought from the trial court an order certifying a class of newspaper home delivery carriers in a lawsuit alleging that the defendant newspaper company illegally misclassified them as independent contractors rather than employees in violation of California labor laws.  The defendant hired the plaintiffs

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Court Finds Nonexclusive Insurance Agent May Be Classified as an Independent Contractor

In Arnold v. Mutual of Omaha Ins. Co., 202 Cal. App. 4th 580 (2011), the California Court of Appeal held that a nonexclusive insurance agent working for the defendant (as well as other insurance companies) was not entitled to expense reimbursements, unpaid wages, or related penalties because the company properly classified her as an independent contractor, thereby precluding her entitlement to these employee benefits. In this

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