News & Publications

#WorkforceWednesday: New AB5 Exemptions, EEOC COVID-19 Updates, Joint-Employer Rule Partially Struck Down

Employment Law This Week® - Episode 178

#WorkforceWednesday

Welcome to #WorkforceWednesday! This week, worker classification and joint employment are in focus, as California amends AB5 and a federal judge rules on joint-employer liability.

New AB5 Exemptions in CA (Video)

California enacted a new law amending AB5, the state’s controversial law that codified the “ABC test” for worker classification. The new law immediately exempted occupations such as musicians, freelance writers, and photojournalists from AB5. Attorney Amy Ramsey explains what these exemptions might mean for AB5 moving forward.

EEOC Updates and Adds to COVID-19 Guidance

As you continue return-to-work planning, keep in mind that the Equal Opportunity Employment Commission (EEOC) recently clarified that employers may not ask specifically whether employees have family members who have COVID-19 or symptoms associated with COVID-19. This was one of the biggest additions last week to the EEOC’s updated technical assistance questions and answers.   

Judge Strikes Down Part of DOL’s Joint-Employer Rule

A federal judge granted states’ motion to vacate the U.S. Department of Labor’s (DOL’s) final rule on joint-employer liability as it pertains to vertical joint employment. The court faulted the DOL’s application of different tests for “primary” and “joint” employment where the Fair Labor Standards Act does not provide a separate definition of, or test to determine, joint employment. Read more.


Other Highlights

Class Action Avoidance When Returning to Work

Part of our class action avoidance series, the latest webinar focuses on the number of important issues that, if mishandled, could give rise to costly and distracting class litigation as workforces return to offices, plants, laboratories, stores, warehouses, or other facilities. Stream now.

Rules of the Road: Return to Work in the Time of COVID-19

Returning to the physical workplace safely and in a compliant manner is essential to minimize the spread of COVID-19. Use the 10 “Rules of the Road” to help guide your organizations and employees through this transition. This week, we’re featuring rule five:

Rule #5: Yes, My Employer Can Do That

What We’re Reading

“5 Noncompete Developments to Watch for as 2020 Ends,” by Law360’s Danielle Nichole Smith, and featuring attorney Peter Steinmeyer.

Stay Up to Date

Our Coronavirus Resource Center is updated daily and has the return-to-work resources you need.


Subscribe to #WorkforceWednesday

Prefer to Listen?
You can listen to Employment Law This Week episodes on your preferred platform – Apple Podcasts, Google Play, Overcast, Spotify, Stitcher.

Spread the Word
Would your colleagues, professional network, or friends benefit from #WorkforceWednesday? Please share the edition each week on LinkedIn, Facebook, YouTube, Instagram, and Twitter, and your connections can subscribe for email notifications.

Trouble viewing the video? Please contact [email protected] and mention whether you were at home or working within a corporate network. We'd also love your suggestions for topics and guests!

EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C.