NLRB Returns to Pre-Obama-era Independent Contractor Test

NLRB Reverts to Common Law Test for Independent Contractors In a recent decision, the National Labor Relations Board (“NLRB”) ruled that shuttle van drivers for the company SuperShuttle are independent contractors and not employees. In doing so the NLRB has revised its test for determining whether independent contractors are exempt from coverage under the National […]

Are Your Employees Subject to Wage Order 14’s New Overtime Requirements?

Guidance for Determining Whether Your Company is a “Large Employer” Subject to the New Overtime Requirements (and Your Minimum Wage Obligations) Former Governor Jerry Brown signed AB 1066 into law on September 12, 2016. Among other things, the law gradually phases in an 8-hour day for all agricultural workers. The law makes an important distinction […]

APMA Forum Update

The 39th Annual APMA Forum is Almost Here The 39th Annual Agricultural Personnel Management Association (APMA) Forum is quickly approaching. The forum will be held on January 23-25, 2019, at the Monterey Plaza Hotel. The forum is widely considered one of the premier educational and networking events for human resource and safety professionals in the […]

California Supreme Court Addresses Background Checks

California Supreme Court Provides Helpful Guidance for Employers Conducting Background Checks In Connor v. First Student, Inc., 1,200 bus drivers filed suit against their employer, a bus transportation company, alleging illegal failure to adequately notify them and obtain their prior written authorization when conducting background checks. At issue was the fact that the information procured […]

Newly Proposed Standards From Cal/OSHA

Proposed Cal/OSHA Standards: Indoor Heat Illness and Workplace Violence The Division of Occupational Safety and Health has issued revised drafts of two proposed new standards. The first standard regulates indoor heat illness prevention. This standard would apply to workplaces when the indoor temperature reaches 82 degrees. Additionally, it would apply in any of the following […]

Limo Company Alleges Uber Misclassified Drivers

Limo Company Alleges Uber Illegally Saved $500 Million by Misclassifying Drivers as Independent Contractors A limousine company recently filed a lawsuit against Uber in federal court alleging that Uber misclassified its drivers as independent contractors, to illegally obtain a competitive advantage over its law-abiding competitors (referring to taxi companies and livery services). The limo company […]

Recent Decision Sheds Light on California’s New Independent Contractor Test

Court of Appeal Finds ABC Test Only Applies to Wage-Order Claims Determining whether to classify a worker as an independent contractor or an employee can be tricky business under California law. Add the significant risk associated with misclassifying workers as independent contractors, and the end result is a high stakes game of litigation roulette. Several […]

The Absurdity of AB 2751

Gerawan’s Victory Over the UFW Underscores the Absurdity of AB 2751 Last month, agricultural employers everywhere watched as the Agricultural Labor Relations Board finally tallied the workers’ votes from the 2013 decertification election held at Gerawan Farming.  Two weeks later, the ALRB cemented Gerawan’s triumph over the United Farm Workers by affirming the 1,098 to […]