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Jonathan A. SiegelBlog Posts

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  • California’s “ABC” Test for Independent Contractor Analysis to be Applied Retroactively

    California employers were dealt another setback in the responding to claims of misclassification of independent contractor status for violations of the Industrial Welfare Commission Wage Order (“IWC Wage Orders”). Noting California’s “basic legal tradition” that “judicial decisions are given retroactive effect,” the U.S. Court of Appeals for the Ninth Circuit has held that the State’s...… Continue Reading
    May 8, 2019
  • Teamsters Challenges Federal Agency Decision on California Break Rules on Interstate Truck Drivers

    The International Brotherhood of Teamsters, Local 2785 has filed a petition for review to the Ninth Circuit Court of Appeals on the Federal Motor Carrier Safety Administration’s (FMCSA) determination that California’s meal and rest break rules are preempted as applied to drivers of commercial motor vehicles (CMVs) subject to the FMCSA’s hours-of-service (HOS) regulations. This primarily...… Continue Reading
    February 1, 2019
  • Teamsters Challenges Federal Agency Decision on California Break Rules on Interstate Truck Drivers

    The International Brotherhood of Teamsters, Local 2785 has filed a petition for review to the Ninth Circuit Court of Appeals on the Federal Motor Carrier Safety Administration’s (FMCSA) determination that California’s meal and rest break rules are preempted as applied to drivers of commercial motor vehicles (CMVs) subject to the FMCSA’s hours-of-service (HOS) regulations. This primarily...… Continue Reading The post Teamsters Challenges Federal Agency Decision on California Break Rules on Interstate Truck Drivers appeared first on California Workplace Law Blog.
    February 1, 2019
  • California Construction Industry Could Avoid Big Civil Penalties Claims: Union Employers Should Review the New Collective Bargaining Exemption to Potential PAGA Claims

    Unionized employers in the construction industry can potentially receive some well-needed relief from California’s Labor Code Private Attorneys General Act of 2004 (Labor Code Section 2698 et seq.), known as “PAGA,” in light of the Governor signing AB 1654. Unionized employers in California must review their collective bargaining agreements and evaluate whether they can take...… Continue Reading The post California Construction Industry Could Avoid Big Civil Penalties Claims: Union Employers Should Review the New Collective Bargaining Exemption to Potential PAGA Claims appeared first on California Workplace Law Blog.
    October 5, 2018
  • Cal/OSHA Publishes a Fact Sheet and Poster Regarding California’s Hotel Housekeeping Musculoskeletal Injury Program

    Cal/OSHA just published a Fact Sheet and a Poster regarding Cal/OSHA’s new requirement for covered employers to create and maintain a Hotel Housekeeping Musculoskeletal Injury Program (“MIPP”) and also train their housekeepers with respect to the MIPP. We previously discussed California’s new requirement in our blog on June 25, 2018 called, California’s Hotel Housekeeping Standard:...… Continue Reading The post Cal/OSHA Publishes a Fact Sheet and Poster Regarding California’s Hotel Housekeeping Musculoskeletal Injury Program appeared first on California Workplace Law Blog.
    July 20, 2018
  • New California Law Prohibits Refusing Entrance to a Business Because a Member is Wearing Their Military Uniform and Adds Other Protections

    On July 16, 2018, Governor Brown signed into law SB 1500 which expanded protections for members of the Armed Forces of the United States and to members of the Federal Reserve components of the Armed Forces. The new law makes clear that no business and other covered establishments may deny a member of the Armed...… Continue Reading The post New California Law Prohibits Refusing Entrance to a Business Because a Member is Wearing Their Military Uniform and Adds Other Protections appeared first on California Workplace Law Blog.
    July 17, 2018
  • Federal District Judge Puts On Hold Parts of AB 450 Which Prohibited Employers From Voluntarily Consenting To A Federal Immigration Agent’s Request To Enter Nonpublic Areas or For Voluntarily Providing Records

    On July 4, 2018, Federal District Judge John A. Mendez granted a preliminarily injunction enjoining the State of California, Governor Brown, and Attorney General Becerra from enforcing parts of AB 450, the controversial new law that limited employer conduct when dealing with federal immigration enforcement. Specifically, the Judge stopped the enforcement of the California Government...… Continue Reading The post Federal District Judge Puts On Hold Parts of AB 450 Which Prohibited Employers From Voluntarily Consenting To A Federal Immigration Agent’s Request To Enter Nonpublic Areas or For Voluntarily Providing Records appeared first on California Workplace Law Blog.
    July 5, 2018
  • Cal/OSHA Issues Advisory for Employers to Take Precautions to Protect Workers Exposed to Hazards Relating to Wildfires

    A high heat advisory for employers with outdoor workers in Central and Southern California has been issued by Cal/OSHA. With temperatures rising and more than 10 active wildfire incidents in California, Cal/OSHA is also advising employers that special precautions must be taken to protect workers from hazards from wildfire smoke and other possible concerns. Cal/OSHA...… Continue Reading The post Cal/OSHA Issues Advisory for Employers to Take Precautions to Protect Workers Exposed to Hazards Relating to Wildfires appeared first on California Workplace Law Blog.
    July 5, 2018
  • NLRB Continues to Ask Whether Voters Were Potentially Disenfranchised When Polls Not Timely Opened

    The National Labor Relations Board has reaffirmed it will apply a “potential-disenfranchisement” test, not an “actual-disenfranchisement” test, in determining whether employees were affected by a late opening of the polls at an NLRB-conducted election. Bronx Lobster Place LLC, Case 02-RC-191753 (Feb. 2, 2018) (unpublished). The employer had lost the election 14-12; there was one challenged … Continue Reading The post NLRB Continues to Ask Whether Voters Were Potentially Disenfranchised When Polls Not Timely Opened appeared first on Labor & Collective Bargaining.
    February 13, 2018
  • Reminder! California Employers Must Provide Notice of the Federal and California Earned Income Tax Credit

    California employers should remember that they must revise their notice to employees regarding the federal Earned Income Tax Notice to include California’s version of it. Effective January 1, 2017, employers must revise their notice to employees regarding the earned income tax credit when issuing W-2 or 1099 forms. For several years, California employers have been...… Continue Reading The post Reminder! California Employers Must Provide Notice of the Federal and California Earned Income Tax Credit appeared first on California Workplace Law Blog.
    January 12, 2018

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