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California Municipal Law Blog
category:
Employment Law

AB 5 Signed By Governor: What is the Effect on Public Agencies?

by on September 19, 2019

posted in Employment Law, Recent Court Decisions,

On September 18, 2019, Governor Newsom signed AB 5 which codifies the Independent Contractor/Employee test in the Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 903. AB 5 adds Section 2750.3 to the Labor Code which provides that a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity can satisfy the ABC test.  ... Continue Reading

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tags: AB 5, ABC Test, Dynamex Case, Independent Contractors,

Vazquez Determines that Dynamex ABC Test for Independent Contractors Applies Retroactively

by on June 7, 2019

posted in Employment Law,

In Vazquez v. Jan-Pro Franchising International, Inc., 923 F.3d 575 (2019) (Vazquez) the United States Court of Appeals for the Ninth Circuit ruled that the ABC test established in Dynamex Operations W. v. Superior Court, 4 Cal.5th 903 (2018) (Dynamex) can be applied retroactively. At issue in Dynamex was whether or not delivery drivers working for Dynamex Operations West Inc., a transportation company, should be classified as independent contractors or employees. In that case the Supreme Court of California established an ABC test to determine whether a person is to be classified as an independent ... Continue Reading

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tags: ABC Test, Dynamex Test, Independent Contractors,

New State Law Favoring Unions Takes Effect Following Supreme Court’s Janus Ruling

by on July 8, 2018

posted in Employment Law, Legislative Updates, Unions,

Governor Brown signed SB 866 into law after Janus v. American Federation of State, County, and Municipal Employees, 585 U. S. ____ (2018) was released by the Supreme Court on June 27, 2018.  SB 866 is an effort to give something back to the unions given that they lost agency fees when the Court in Janus declared those violative of the First Amendment and overturned Abood v. Detroit Bd. of Ed., 431 U. S. 209 (1977).  SB 866 applies to employers covered by PERB, including cities, special districts, and counties.  ... Continue Reading

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tags: Abood Case, Janus v. American Federation, Unions,

Paid Administrative Leave Now Considered Adverse Employment Action

by on June 14, 2018

posted in Employment Law, Recent Court Decisions,

Paid administrative leave may be considered an adverse employment action, a California Appellate court found in Whitehall v. Cty. of San Bernardino.  In Whitehall, the plaintiff was employed by San Bernardino County Children and Family Services (CFS) and was assigned to investigate a case in which a nine-month old baby died under suspicious circumstances. Plaintiff obtained the police report which showed the deceased child and four other children were living uninhabitable conditions. The report contained photographs of children with ligature and burn marks. However, the CFS deputy director instructed ... Continue Reading

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tags: Administrative Leave, Adverse Employment Action, Whistleblower Laws,

Supreme Court Hears Oral Arguments Today in Major Union Fee Case

by on February 26, 2018

posted in Employment Law, Unions,

The United States Supreme Court hears oral argument today in a case that could reshape finances for public employee unions in 22 states, including California, where those unions are able to collect “agency fees” from non-member public employees to cover the costs of negotiating collective bargaining agreements and representation services. Two years ago, the Court heard similar issues in Friedrichs v. California Teacher’s Association 136 S. Ct. 1083 (2016), however, the decision stalled 4-4 at the Court after Justice Scalia’s death prior to the decision, leaving the lower court decision ... Continue Reading

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tags: Collective Bargaining, Janus v. American Federation, Union Dues, Union Shop,

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