Legal News and Updates
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...
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...
California’s “Blueprint for a Safer Economy” Provides a Four-Tier, Color Coded Classification System and Re-Opening Guidelines for Businesses
Governor Gavin Newsom has announced a new four-tier, color coded classification system that determines which California counties can move forward with reopening businesses. This is a move away from the “watch list" system of tracking coronavirus trends. The system...
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...
Best Practices as Employees Return to the Workforce
The workplace has been transformed as a result of Covid-19. Employers must balance new requirements, staffing changes, safety and hygiene concerns, and managing their operations, all while avoiding management missteps and liability. Now that some or all of the...
Food Sector Workers of Large Employers Qualify for COVID-19 Supplemental Paid Sick Leave
On April 16, Governor Newsom issued Executive Order N-51-20 providing “COVID-19 Supplemental Paid Sick Leave” for food sector workers who work for a “hiring entity” with 500 or more employees in the United States. Here is the link to the Executive Order:...