As most employers are undoubtedly aware, April’s dynamite Dynamex decision blew up the definition of “employer” for purposes of determining independent contractor status. The California Supreme Court utilized the newly adopted “ABC test” for determining whether an employer “suffers or permits” the work, thereby justifying classifying the worker an employee.  The knockout blow came in…

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Can a religious preference belief ever support a defense to anti-discrimination laws?  That was the question the U.S. Supreme Court faced and avoided in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission earlier today. The issue revolved around a cake shop whose devout Christian owners refused to bake a wedding cake for a gay couple…

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Under a number of California and federal laws, employers are legally required to maintain certain employment-related records for a fixed period of time.  Changes in the past few years have altered many of the record retention guidelines employers may be familiar with, opening employers up to the risk for civil penalties and large awards of…

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On April 30, 2018, the California Supreme Court announced an extremely narrow, pro-employee test for determining whether a worker is properly classified as an independent contractor.  The new standard, set forth in Dynamex Operations West, Inc. v. Superior Court, is so stringent that workers rights’ advocates are predicting a sweeping re-classification of workers throughout the…

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Since our May 7 Blog Post covering new sexual harassment legal requirements for New York State employers, on May 9, NY City Mayor De Blasio signed a series of Bills further altering the sexual harassment landscape for employers in NY City. The most significant change, which will be effective on April 1, 2019, requires employers…

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