Recent Blog Posts
- Federal Court Extends TRO to Enjoin Enforcement of New California Arbitration Statute Continue Reading… As we recently wrote here, on December 29, 2019, just days before California’s new arbitration statute known as AB 51 was to go into effect, a federal judge in the United States District Court of the Eastern District of California granted a temporary restraining order (“TRO”) to enjoin enforcement of AB 51.
The new law, which was set to go into effect on January 1, 2020, would outlaw mandatory arbitration agreements with employees.
AB 51 would also prohibit arbitration agreements that would require... More
- Federal Court Extends TRO to Enjoin Enforcement of California’s Controversial New Independent Contractor Law for 70,000 Independent Truckers Continue Reading… As we recently wrote here, just hours before California’s controversial AB 5 went into effect, a federal court in San Diego issued a temporary restraining order (“TRO”) to enjoin enforcement of the independent contractor statute as to approximately 70,000 independent truckers, many of whom have invested substantial sums of money to purchase their own trucks and to work as “owner-operators.”
Now, days after a state court judge ruled that the statute does not apply to independent truckers, the federal court has... More
- California State Court Judge Rules That Controversial New Independent Contractor Law Does Not Apply to Independent Truckers Continue Reading… Following the challenges to AB 5, California’s controversial new independent contractor law, can be a difficult endeavor. Every day seems to bring a new development.
We have written before about the hasty passage of the statute, about a ballot initiative to escape the scope of the law by ride-share and delivery companies, and challenges by independent truckers, freelance journalists and photographers, and ride-share and delivery companies.
While many were focused on whether a federal judge, who had already issued a temporary restraining... More
- Judge Denies TRO to Freelance Journalists and Photographers Seeking Relief From California’s Controversial Independent Contractor Statute Continue Reading… As we wrote here recently, organizations representing freelance journalists and photographers filed suit seeking to enjoin enforcement of California’s controversial independent contractor statute, AB 5, as to them.
While they are not the only ones challenging the new law, their suit is not off to a promising start.
While a federal judge issued a temporary restraining order (“TRO”) to enjoin AB 5 as it applies to independent truckers, U.S. District Court Judge Philip Gutierrez in Los Angeles denied the freelance journalists and... More
- Federal Court Issues Eleventh-Hour TRO to Enjoin Enforcement of California’s Controversial New Independent Contractor Law for 70,000 Independent Truckers Continue Reading… On January 1, 2020, California’s new independent contractor statute, known as AB 5, went into effect. The law codifies the use of an “ABC” test to determine if an individual may be classified as an independent contractor.
The hastily passed and controversial statute has been challenged by a number of groups as being unconstitutional and/or preempted by federal law, including ride-share and delivery companies and freelance writers.
Just hours before AB 5 went into effect, a California federal court in San Diego enjoined... More
- Who’s Up Next? Now It’s Ride-Share and Delivery Companies’ Turn to File Suit Challenging California’s Controversial New Independent Contractor Test Continue Reading… AB 5, California’s hastily passed and controversial independent contractor statute, which codifies the use of an “ABC test,” is set to go into effect on January 1, 2020.
Already, the California Trucking Association has filed suit challenging the statute.
As have freelance writers and photographers.
Now, it’s ride-share and delivery companies’ turn to file suit.
Those companies have already commenced the process to create a ballot initiative that would allow voters to decide whether to exempt ride-share and delivery drivers from the “ABC test.”
- Not So Fast – Federal Court Issues TRO to Enjoin Enforcement of New California Arbitration Statute Continue Reading… We recently wrote about a new California law set to go into effect on January 1, 2020 that would outlaw mandatory arbitration agreements with employees.
The new law, known as AB 51, would also prohibit arbitration agreements that would require individuals to take affirmative action to be excluded from arbitration, such as opting out. The law would also appear to extend to jury waivers and class action waivers. And it would include criminal penalties.
An eleventh-hour court order will keep that statute from... More
- Time Is Running Out to Make Important Decisions to Comply with New FLSA “White Collar” Salary Thresholds Continue Reading… As we wrote here in September 27, the new “white collar” salary thresholds under the federal Fair Labor Standards Act (“FLSA”) are set to go into effect on January 1, 2020.
That deadline is sneaking up fast.
And, like waiting until the last minute to start holiday shopping, waiting until the last minute to make important decisions regarding the new thresholds may not be wise.
The New Salary Thresholds
Effective January 1, 2020, the salary threshold for the executive, administrative, and professional exemptions under... More
- California Governor Signs Legislation Outlawing Mandatory Arbitration Agreements with Employees Continue Reading… As employers with operations in California had feared, Governor Gavin Newsom has signed AB 51, which effectively outlaws mandatory arbitration agreements with employees – a new version of a bill that prior Governor Jerry Brown had vetoed repeatedly while he was in office.
The bill not only prohibits mandatory arbitration agreements, but it also outlaws arbitration agreements in which employees must take an affirmative action to escape arbitration, such as opting out.
And as the statute is written in broad terms that... More
- Compliance with the New DOL Salary Thresholds May Create Unexpected Challenges for Employers (Redux) Continue Reading… In the fall of 2016, before the Obama administration increases to the minimum salary were set to go into effect (spoiler alert – they didn’t!), we wrote in this space about the challenges facing employers in addressing those expected changes: “Compliance with the New DOL Overtime Exemption Rule May Create Unexpected Challenges for Employers.”
As we wrote earlier this week, the current administration’s changes are set to go into effect on January 1, 2020: “U.S. Department of Labor Issues Long-Awaited... More