Blog: The California Workplace Advisor

On January 9, 2024, the U.S. Department of Labor issued its final rule regarding the classification of independent contractors versus employees, which becomes effective March 11, 2024. Although California employers are bound to the more restrictive “ABC Test” (that generally leads to findings that most workers are employees and not independent contractors), employers that are…

As California employers rightfully reflect on their accomplishments from 2023, it is time to look ahead to 2024 and make sure your company’s New Year’s Resolutions include the following: Employee Handbook/Policy Changes 2024 Paid Sick Leave Changes: As of January 1, 2024, most employers are required to provide 5 days/40 hours of paid sick leave…

Background for Employers In 2018, the California Legislature enacted the California Consumer Privacy Act (“CCPA,” Civil Code section 1798.100, et seq.) As originally enacted, the CCPA created privacy rights for “consumers” – specifically regarding the personal information that businesses collect about them. Notably, “consumers” is broadly defined under the CCPA as a natural person who…

No later than Valentine’s Day 2024, California employers will be required to send “candy grams” to former and existing employees with unenforceable non-competes informing them that those provisions are void. Complicating this new legal requirement is an expanded definition of what constitutes an unenforceable non-compete and the creation of a new legal claim that can…

On October 26, 2023, the National Labor Relations Board (NLRB or the Board) issued a new rule addressing how the Board will assess joint employer status under the National Labor Relations Act. In short, the new rule lowers the bar significantly for finding two entities to be joint employers and raises heightened concerns about the…