For decades, trucking companies have used independent contractors who drive their own trucks, known as owner-operators, to transport freight. However, this practice is now under threat in California thanks to a recent federal court decision that ruled that...
Employment Law
SB 93: Employers in Airport, Hotel, Janitorial, Event Space, and Other Industries Have New Lay-Off Rehire Obligations
As vaccination rates increase exponentially, and on promises of the economy reopening come June 15, 2021, California employers are starting to increase their staffing levels by hiring. The legislative response to COVID-19 in California is marked by a patchwork of...
New COVID-19 Supplemental Paid Sick Leave and Notice
Effective March 29, 2021, California employers with more than 25 employees will have to provide Supplemental Paid Sick Leave (SPSL) to employees unable to work or telework for COVID-related reasons, including attending an appointment to receive a COVID-19 vaccine or...
The California Supreme Court Issues an Important Decision Rejecting Use of Time Rounding Policies for Meal Periods
Last week, the California Supreme Court dealt a major blow to California employers in Donohue v. AMN Services, LLC, holding that: (1) Employers cannot engage in the practice of rounding time punches in the meal period context, because meal period provisions are...
Employers: Know Your Obligations Under Cal/OSHA for COVID-19 Workplace Exposures
Employers: Know Your Obligations Under Cal/OSHA for COVID-19 Workplace Exposures This is a follow up to our December 4, 2020 blog post on Cal/OSHA’s recently enacted temporary emergency regulations governing COVID-19 workplace exposures. You can find that detailed...
What Should Small Businesses Know About Reasonable Accommodations?
Reducing risk is one of a small business owner’s primary goals. This requires them to be familiar with many legal rules and guidelines – especially when it comes to employment. And some of the most important issues employers must understand are their duties under the...
New Employment Laws in 2021
Happy New Year! We at Duggan McHugh Law Corporation (DMLC) want to wish you a happy and healthy 2021, and best wishes for a great and profitable year ahead. As 2020 comes to an end, employers will need to be aware of the changing employment laws that will be in effect...
New Cal/OSHA Emergency Covid-19 Workplace Rules Take Effect
Cal/OSHA has unanimously passed “Emergency COVID-19 Prevention Regulations,” which provide strict worker protections and serious obligations for California employers. The regulations, approved by the Office of Administrative Law, became effective November 30, 2020....
Proposition 22 Wins Big: App-Based Drivers Remain Independent Contractors, While Gaining Limited Employee-Like Protections
Proposition 22 passed with nearly 60% of the vote Tuesday, after a fierce battle over the status of gig economy workers like Uber, Lyft, and DoorDash drivers. Proposition 22 exempts these workers from Assembly Bill 5, California’s 2019 law that adopted the “ABC test”...
Governor Newsom Signs New Laws Providing More Worker Benefits and Protections Among the Pandemic
On September 17, 2020, California Governor Newsom signed into law three bills that expand the rights of workers relating to the COVID-19 pandemic. Job-Protected CFRA Family Leave Expanded to Workplaces With 5+ Employees Perhaps most significant, Governor Newsom signed...