E-Blasts

As we previously reported here, in Dynamex Operation West, Inc., v. Superior Court., (“Dynamex”), the California Supreme Court embraced a standard that presumes all workers are employees instead of independent contractors, and places the burden on the employer classifying an individual as an independent contractor to establish that such classification is proper under the newly adopted “ABC” test.

The November 6th midterm elections, as has been a topic of conversation seeming during the entirety of the Trump Administration, are right around the corner! For California employers, that means two things, other than avoiding awkward political conversations at the water cooler:

  1.    Employees must be given time-off to vote if they do not have time to do it before or after work, and;
  2.    Employers must post a “Time Off To Vote” notice informing employees of their right to take time off to vote.

Yesterday, the National Labor Relations Board (“NLRB”) released a draft rule that would finally overturn the controversial 2015 Brown-Ferris decision which permitted a finding of joint-employer liability upon a showing of “indirect control” or the ability to control.

Over the weekend, Governor Brown finished off his last rounds of approving and vetoing bills passed by the Legislature. One of the bills that was vetoed by Governor Brown over the weekend that was of particular importance to employers in California was Assembly Bill 3080 (“AB 3080”) which would have prohibited employees from being forced to sign arbitration and/or non-disclosure agreements as a condition of employment under the California Labor Code. Governor Brown stated in his veto message that the bill plainly violates federal law based on the case law which states the Federal Arbitration Act governs both the enforcement of arbitration agreements and the initial formation of the arbitration agreement.

Last week, U.S. House of Representatives unveiled a bill that would allow franchisors to license their trademarks to a franchisee without creating joint employer status. Under the Trademark Licensing Protection Act, “brand controls,” such as uniforms, food and cleanliness standards and other standards to ensure uniformity amongst franchisees of particularly, will not constitute or be evidence of joint employer status in federal or state employment litigation.

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