23 Oct

Independent Contractor Laws and the Sharing Economy

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The sharing economy, also called “the gig economy,” is changing the nature of employment for millions of Americans. On the one hand, working as an independent contractor in the sharing economy appears to offer great flexibility in terms of hours, frequency, and duration of work. But on the other hand, earnings are so low and the ability to earn more is so acutely tied to terms and fees established by the hosting company that flexibility …

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22 Oct

Time to File FEHA Complaint with DFEH TRIPLED Under New Law

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An employee must file an administrative charge with the Department of Fair Employment and Housing (DFEH) and obtain a right to sue before the employee may file a lawsuit based on the Fair Employment and Housing Act (FEHA). Governor Gavin Newsom recently signed into law AB-9, which extends the time for an employee to file an administrative complaint of discrimination, harassment, or retaliation with the DFEH from one year to three years. An employee still …

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16 Oct

Limitations on Arbitration Agreements in Employment following OTO, L.L.C. v. Kho and AB 51

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It has been an eventful couple months for arbitration agreements in employment with the California Supreme Court’s ruling in One Toyota of Oakland, OTO, L.L.C. v. Kho (2019) 8 Cal.5th 111 (OTO) and the passage of AB 51. Employers will need to carefully review their arbitration agreements and practices to ensure they are compliant. This article will break down what we learned from OTO and AB 51, and what employers can and cannot do moving …

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16 Oct

PAGA Victory for Employers in the California Supreme Court

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The California Supreme Court issued a monumental opinion that reduces the incentive to bring Private Attorneys General Act (“PAGA”)[1] actions against employers. Employees have been suing under PAGA for civil penalties and unpaid wages to avoid arbitration and class certification. Significantly, the California Supreme Court ruled on September 12, 2019, in ZB N.A. v. Superior Court (Lawson), that employees may no longer seek unpaid wages under PAGA.[2] Because of this ruling, employees who wish to …

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