Legal News and Updates
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
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...
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...
Avoid running afoul of CA’s shifting ‘independent contractor’ law
Few employment law issues have attracted the level of attention garnered by AB 5, California’s sweeping law targeting businesses that utilize independent contractors. Since being passed, the law has survived an onslaught of constructive criticism from negatively...
How do you know if your workers are contractors or employees?
If you run a business, you may hire contractors because of the potential savings they provide. Unlike full-time employees, you do not have to cover their payroll taxes, health benefits, time off, or sick leave. However, employing contractors incorrectly could put your...
A View From A Litigator and An Independent Investigator: Permissible Layoff Or Discriminatory Behavior? – How To Recognize It And How To Investigate It
About The Authors This blog post is jointly authored by attorney Christina Bucci Hamilton of Duggan McHugh Law Corporation and attorney Matthew Rose of Van Dermyden Maddux Law Corporation. Christina’s practice focuses on representing employers in litigation as well as...
Federal court to apply Troester to Nike employee inspection times
It is well known that California state labor and employment laws tend to be more pro-employee than corresponding federal laws. Therefore, it may come as no surprise that if you make your employees stand in line before they leave so you can inspect their bags to ensure...
Bill would extend time to file state work discrimination claims
Current California law provides that an employee who claims to have been the victim of unlawful discrimination or harassment must file a complaint with the Department of Fair Employment and Housing within one-year of the unlawful practice before they can file a civil...