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Articles by Jamin Xu
California Supreme Court Requires Employers To Pay Meal And Rest Period Premiums At The Regular Rate Of Pay - Employment and HR - United States
United States: California Supreme Court Requires Employers To Pay Meal And Rest Period Premiums At The Regular Rate Of Pay 20 July 2021 by David L. Cheng (Los Angeles) and Jamin Xu (Los Angeles) Ford & Harrison LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. On July 15, 2021, the California Supreme Court held in Jessica Ferra v.
California Supreme Court Requires Employers to Pay Meal and Rest Period Premiums at the Regular Rate of Pay
On July 15, 2021, the California Supreme Court held in Jessica Ferra v. Loews Hollywood Hotel, LLC that Labor Code Section 226.7 requires employers to pay meal and rest period premiums for each workday in which they were not provided a meal or rest period at a rate equivalent to the employee’s regular rate of pay.
California Supreme Court Requires Employers to Pay Meal and Rest Period Premiums at the Regular Rate of Pay | JD Supra
On July 15, 2021, the California Supreme Court held in Jessica Ferra v. Loews Hollywood Hotel, LLC that Labor Code Section 226.7 requires employers to pay meal and rest period premiums for each workday in which they were not provided a meal or rest period at a rate equivalent to the employee’s regular rate of pay.
U.S. DOL Signals Tougher Stance On Federal Classification Of Workers As Independent Contractors
United States: U.S. DOL Signals Tougher Stance On Federal Classification Of Workers As Independent Contractors 12 May 2021 by Jack Schaedel and Jamin Xu Ford & Harrison LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
U.S. DOL Signals Tougher Stance on Federal Classification of Workers as Independent Contractors | JD Supra
On May 6, 2021, the United States Department of Labor (DOL) withdrew proposed rules set by the Trump Administration, which were originally intended to revise the test for classifying workers as independent contractors at the federal level for wage and hour purposes under the Fair Labor Standards Act (FLSA). The DOL’s withdrawal alleges that the rules, which were originally set to take effect on May 7, 2021, would have been contrary to the FLSA’s text, purpose, and judicial precedent.
Misclassification Liability in the Rear-View Mirror May Be Greater Than It Appears: Cal Supremes Say Dynamex "ABC Test" Applies Retroactively | JD Supra
It was quite a week for the gig economy in California. This is the second of a two-part update; last week we reported on a union- and driver-led California Supreme Court challenge to Proposition 22, the November 2020 voter initiative that allows app-based hiring entities to classify certain workers as independent contractors if they meet specific conditions. Proposition 22 was a response to AB 5, which codified a 2018 decision that is the subject of this article.
Misclassification Liability In The Rear-View Mirror May Be Greater Than It Appears: Cal Supremes Say Dynamex
United States: Misclassification Liability In The Rear-View Mirror May Be Greater Than It Appears: Cal Supremes Say Dynamex "ABC Test" Applies Retroactively 20 January 2021 by Jack Schaedel and Jamin Xu Ford & Harrison LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. It was quite a week for the gig economy in California.
Driving in Reverse? Uber/Lyft Drivers Seek to Undo California's Proposition 22 | JD Supra
Note to Readers: In this two part-series, we will discuss major developments in California’s gig economy landscape this week. Part 1 discusses a lawsuit filed by Uber and Lyft drivers challenging the constitutionality of Prop 22. Part 2 will discuss a ruling by the California Supreme Court that the 2018 Dynamex decision, which established the ABC test in California, will apply retroactively.
Passage Of Proposition 22 Provides Independent Contractor Exemption For Uber, Lyft, And Other Online-Based Transportation Businesses
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Passage of Proposition 22 Provides Independent Contractor Exemption for Uber, Lyft, and Other Online-Based Transportation Businesses | JD Supra
Introduction On November 3, 2020, California voters passed the long-awaited Proposition 22 (text available here), which exempts online-based transportation businesses from having to re-classify transportation drivers as employees. Therefore, these drivers will be exempt from the requirements of the California Labor Code, the Unemployment Insurance Code, and the Industrial Welfare Commission's Wage Orders.
California Appellate Court Affirms Preliminary Injunction Requiring Uber And Lyft To Reclassify California Drivers As Employees
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California Appellate Court Affirms Preliminary Injunction Requiring Uber and Lyft to Reclassify California Drivers as Employees | JD Supra
Introduction On October 22, 2020, a California appellate court affirmed a preliminary injunction requiring Uber and Lyft to reclassify California drivers from independent contractors to employees and to comply with the California Labor Code, the Unemployment Insurance Code, and the Industrial Welfare Commission wage orders, as requested by California State Attorney General Xavier Becerra and the City Attorneys of Los Angeles, San Francisco, and San Diego.
Freelance writers, musicians, artists and other professions more likely to remain independent contractors under new California law | Lexology
By Jack Schaedel and Jamin Xu, Firm: FordHarrison California Governor Newsom has signed Assembly Bill 2257,exempting freelance writers, musicians, artists and others from the stringent rules established by the ‘ABC’ test for independent contractors, which makes them more likely to be reclassified as employees. This article explains. On 4 September 2020, after the California Legislature passed Assembly Bill 2257. Governor Newsom signed it into law.
California Independent Contractor Legislation Would Reform AB 5's Treatment of Freelance Writers, Musicians, Artists, and Other Professions; Bill Awaits Governor's Signature | FordHarrison - JDSupra
On August 31, 2020, the California Legislature passed Assembly Bill 2257.
Appellate Court Grants Uber and Lyft Temporary Relief from Re-Classifying Drivers as Employees | JD Supra
On August 13, 2020, we reported on the San Francisco Superior Court’s granting of a preliminary injunction ordering Uber and Lyft to re-classify their California drivers from independent contractors to employees and to comply with the California Labor Code, the Unemployment Insurance Code, and the Industrial Welfare Commission wage orders. The superior court stayed the injunction for 10 days to provide Uber and Lyft an opportunity to appeal.
San Francisco Superior Court Judge Grants Preliminary Injunction Requiring Uber and Lyft to Re-Classify Independent Contractors as Employees | JD Supra
Introduction: On May 12, 2020, we reported on a lawsuit filed by California Attorney General Xavier Becerra and the city attorneys of San Francisco, Los Angeles, and San Diego against Uber and Lyft on May 5, 2012, seeking to require them to reclassify their drivers as employees, entitled California v. Uber Technologies Inc. and Lyft Inc., San Francisco Superior Court Case No. CGC-20-584402 (discussed in further detail here).
California Update - State-Wide Face Covering Requirements; the Impact of the recent SCOTUS Anti-Discrimination Decision; and Local Minimum Wage Rate Increases | FordHarrison - JDSupra
A quick employment law update for California employers to start your week! Gov. Newsome Issues Face Covering Order: On June 18, 2020, California’s Governor issued new Guidance For The Use Of Face Coverings.
FMCSA Temporarily Waives Certain Pre-Employment Substance Abuse Tests for CMV Drivers in Light of COVID-19 | JD Supra
Executive Summary: On June 5, 2020, the Federal Motor Carrier Safety Administration (FMCSA) granted a waiver (effective from June 5, 2020 to September 30, 2020) from certain pre-employment testing requirements applicable to employers of commercial motor vehicle drivers. (https://www.fmcsa.dot.gov/emergency/three-month-waiver-response-economic-consequences-covid-19-public-health-emergency).
California Files Lawsuit Against Uber and Lyft For Misclassifying Drivers | JD Supra
Introduction: On May 5, 2020, California Attorney General Xavier Becerra and the city attorneys of San Francisco, Los Angeles, and San Diego filed a lawsuit in San Francisco Superior Court against Uber and Lyft for allegedly misclassifying their drivers as independent contractors instead of employees, in violation of California law AB 5.
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