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.

Video: YouTubeVimeoMP4Instagram.

Podcast: Apple PodcastsGoogle PlayOvercastSpotifyStitcher.

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.

About Employment Law This Week

Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday. 


Prefer to Listen?

You can subscribe to Employment Law This Week episodes on your preferred podcast platform – Amazon Music / AudibleApple Podcasts, Audacy, DeezerGoogle PodcastsiHeartRadio, Overcast, PandoraPlayer FM, Spotify.

Spread the Word


Would your colleagues, professional network, or friends benefit from #WorkforceWednesday? Please like and share the edition each week on LinkedInFacebook, X, and YouTube, and encourage your connections to subscribe for email notifications.

Trouble viewing the video? Please contact thisweek@ebglaw.com 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.

Back to Series
Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.