Summary of Program
The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong. In 2018, the California Supreme Court issued a decision that made independent contractor status even harder to establish under some circumstances – so now the risk of misclassification is amplified!
This seminar will cover the legal landscape of independent contractor status. Topics will include:
- The Impact of the California Supreme Court case Dynamex Operations West, Inc. v. Sup. Ct.;
- A summary of the various tests applied by federal and state agencies to determine independent contractor status;
- A summary of the enforcement authority of various federal and state agencies and the sanctions they may impose;
- The due diligence employers must engage in before classifying a worker as an independent contractor; and
- California’s law imposing monetary and non-monetary sanctions against employers (and other individuals) who willfully misclassify workers as independent contractors.
If you or your company is currently using independent contractors, this is a seminar you should not miss.
Date: Thursday, February 7, 2019
Time: 9:00 a.m. – 9:30 a.m. – Registration & Breakfast / 9:30 a.m. – 11:30 a.m. – Seminar
Location: Weintraub Tobin, 400 Capitol Mall, 11th Floor, Sacramento, CA 95814
Parking Validation provided. Please park in the Wells Fargo parking garage, entrances on 4th and 5th Street. Please bring your ticket with you to the 11th floor for validation.
There is no charge for this seminar.
Approved for two (2) hours MCLE. This program will be submitted to the HR Certification Institute for review.
While it has always been good practice for employers of all sizes to train both their supervisory employees and non-supervisory employees on the prevention of harassment, California law now mandates such training by 1/1/20 (and every 2 years thereafter) for any employer with 5 or more employees. The attorneys in Weintraub Tobin’s Labor & Employment Department have years of experience conducting energetic, compliant, and effective harassment prevention training for employers of all sizes and in all industries. The Training Division of the Labor & Employment Department is headed up by Shareholder Beth West. Feel free to reach out to her or Department assistant Ramona Carrillo if you are interested in scheduling training – we are available to discuss a training program that meets the specific needs of your workplace.
The Neutral Solutions Team at Weintraub Tobin specializes in training supervisors on various workplace issues, including preventing harassment, discrimination, and retaliation; workplace health and safety; and managing leave laws. For more information, please visit our Trainings page here.
Effective January 1, 2019, California’s minimum wage rate increased to $12.00 per hour (from $11.00) for employers with 26 or more employees and $11.00 per hour (from $10.50) for employers with 25 or fewer employees. The minimum wage will continue to increase yearly until it reaches $15.00 per hour on January 1, 2022 for employers with 26 or more employees and January 1, 2023 for employers with 25 or fewer employees.
In California, many cities are increasing their minimum wages faster than the state. Click here for a chart of increases set to take place in 2019.
Brendan Begley spearheads the firm’s Appeals and Writs group and is a member of the firm’s labor and employment, litigation, and trust, probate and elder abuse litigation groups. He is an Appellate Law Specialist certified by the State Bar of California Board of Legal Specialization.
Brendan will be speaking at The Rutter Group and the California Judges Association’s Employment Litigation 2019: Facing Workplace Realities in Divisive Times on Saturday, February 23, 2019 at Hilton Los Angeles/Universal City. Highlights include: Sexual Harassment and Retaliation, Wage and Hour, PAGA, New California Rules of Professional Conduct (eff. 11/1/18), A Conversation with Calif. Supreme Court Justices Ming W. Chin and Leondra R. Kruger. For more information on this seminar, please visit: https://www.theruttergroup.com/index.cfm?p=36&lp=216.
On December 10, 2018, the Fourth Appellate Court decision in Kennedy Donohue v. AMN Services, LLC (“AMN”) was certified for publication and it brings good news for California employers who use a neutral rounding timekeeping system. The case involved a class action and PAGA action brought by Ms. Donohue on behalf of nurse recruiters who worked for AMN. Ms. Donohue claimed that AMN had violated various California wage and hour laws and brought claims for: 1) failure to provide meal and rest periods in violation of Labor Code sections 226.7 and 1197.1; 2) failure to pay overtime and minimum wage in violation of Labor Code sections 510 and 1197.1; 3) improper wage statements in violation of Labor Code section 226; 4) unreimbursed business expenses in violation of Labor Code section 2802; 5) waiting time penalties in violation of Labor Code sections 201-203; 6) unfair business practices in violation of Business and Professions Code section 17200; and 7) civil penalties authorized by the Labor Code Private Attorneys General Act of 2004 (PAGA), under Labor Code section 2698 et seq.
The parties brought cross motions for summary judgment and summary adjudication and, following oral argument, the trial court granted AMN’s motion for summary judgment and denied Ms. Donohue’s motion for summary adjudication. Ms. Donohue timely appealed and the Fourth Appellate Court sustained the trial court’s decision in favor or AMN.
To read the full article, please click here.
Tuesday, January 8, 2019 – Sacramento, CA
Wednesday, January 23, 2019 – San Francisco, CA
Additional information and details for each session will be available December 3, 2018.
To reserve your space at one of these sessions, please email Ramona Carrillo at email@example.com.
Weintraub Tobin’s 2019 Labor and Employment Seminar and Training schedule is now available. Click here for a copy of the schedule.
If you have any questions on any of our seminars or would like to inquire on private, custom-tailored training, please contact:
Mandatory AB 1825 Sexual Harassment Prevention Training
The regulations regarding California’s Mandatory Sexual Harassment Prevention Training for supervisors require that certain employers provide training to their supervisors every two years.
The Labor and Employment Group at Weintraub Tobin Chediak Coleman Grodin is offering a two hour in-person training session that will comply with all the requirements outlined in the regulations including things like:
- An overview of sexual harassment laws
- Examples of conduct that constitute sexual harassment
- Strategies to prevent harassment in the workplace
- Lawful supervisory responses to complaints of harassment in the workplace
- Training on prevention of “abusive conduct” in the workplace
- Training on policies that prohibit harassment based on gender identity, gender expression, and sexual orientation (Senate Bill 396)
- Practical and inter-active hypotheticals and examples to help illustrate what bullying, sexual harassment, discrimination, and retaliation can look like.
If you are an employer with 50 or more employees, and have supervisors who have not yet been trained, this training is a must. We look forward to hearing from you and helping you comply with your continuing sexual harassment training obligations.
*Approved for two (2) hours MCLE (Elimination of Bias).
Supervisor Best Practices and Legal Compliance Training
Most employers know that it is crucial to have well trained supervisors to help ensure that rank and file employees perform their jobs effectively and efficiently. However, many employers don’t realize how important it is that supervisors be trained to understand the many employment laws that govern the workplace. Untrained supervisors can take actions (or fail to take actions) that result in significant legal consequences for an employer.
This one-hour training will cover topics like:
- Legal do’s and don’ts when hiring and firing
- Tips for effective communication between supervisors and employees, including how to give constructive performance feedback
- The importance of consistent, objective, and timely discipline
- Important wage and hour laws
- Workplace safety rules
- Accommodating disabilities and understanding the many leaves of absence laws
- The in’s and out’s of employee privacy rights
Wednesday, December 12, 2018
AB 1825 Training: 10:00 am – 12:00 pm
Supervisor Best Practices: 1:00 pm – 2:00 pm
Weintraub Tobin Office
400 Capitol Mall, 11th Floor
AB 1825 Training: $95/person
Supervisor Best Practices and Legal Compliance Training: $60/person
For questions or to register for this training, please contact Ramona Carrillo (firstname.lastname@example.org).
Well September 30, 2018 has come and gone. As my September 19, 2018 article indicated, that was the deadline for Governor Brown to either sign or veto a large number of employment-related bills passed by the California Legislature during the 2017-2018 Term. Out of the 21 employment-related bills I summarized in my September 19th article, 12 were signed into law, and 9 were vetoed. Below is a list of the new laws California employers must comply with, as well as a list of vetoed bills where employers dodged the bullet. To read the full article, please click here.
Bills Signed into Law.
- SB820. Prohibition on Non-Disclosure Provisions re: Sexual Misconduct & Harassment.
- AB3109. Right to Testify re: Sexual Misconduct.
- SB1300. Significant Revisions and Additions to FEHA; Prohibiting Certain Release and Non-Disparagement Provisions re: FEHA Claims; Expanding Employer’s Liability for Harassment by Third-Parties; Authorizing Bystander Training; and Outlining Legislative Declarations re: Litigating Sexual Harassment Claims.
- SB1343. Expansion of Training Requirements re: Sexual Harassment.
- AB2338. Sexual Harassment Training Requirements for Talent Agencies.
- AB1976. Acceptable Lactation Locations for Employees.
- SB970. Required Training of Hotel and Motel Employees re: Human Trafficking.
- AB2034. Required Training of Mass Transit Employees re: Human Trafficking.
- SB224. Sexual Harassment in the Professional Relationship.
- SB1123. Expansion of PFL Wage Replacement Benefits.
- SB1412. Clarifications on “Ban the Box” Law re: Criminal History Inquiries of Particular Convictions.
- SB826. Females on Board of Directors of Publicly Held Corporations.
- AB3080. [Prohibition on Non-Disclosures re: Sexual Harassment & Prohibition on Mandatory Arbitration Agreements re: FEHA claims].
- AB1867. [Records of Sexual Harassment Complaints].
- AB1870. [Extension of FEHA Statute of Limitations].
- AB3081. [Rebuttable Presumption of Retaliation against Sexual Harassment Complainant].
- AB2079. [Sexual Harassment Trainer Qualifications for Janitorial Workers].
- SB937. [Acceptable Lactation Locations for Employees].
- SB1223. [Harassment & Discrimination Prevention Policy & Training in Construction Industry].
- AB2496. [Rebuttable Presumption of Employment Status for Janitorial Workers].
- AB2732. [Immigration Documents & “Workers Bill of Rights
Takeaway: California employers should evaluate the new employment laws discussed above as well as others that were passed, and take necessary steps to ensure compliance. The employment attorneys at Weintraub Tobin are happy to discuss the new laws and assist employers in complying with their legal obligations.
Beth West presenting at the Fall Family Business Forum for the Capital Region Family Business Center on October 10, 2018. Beth will be discussing the “Me Too” Topic and how it impacts family business.
For more information on this event, please visit: https://capfamilybus.org/events/fall-2018-family-business-forum/