employee Archives - California Globe

Who Is an Employee Under California Law?

September 28, 2022 7:08 amSeptember 28, 2022 7:11 am

One of the key principles in legislative drafting is consistency in language, including definitions. In looking at who is an employee, there lacks the same definition across state law. In fact, California law provides over 100 different definitions of “employee”...

Placement Agents and the California Political Reform Act

January 14, 2022 2:20 amJanuary 13, 2022 8:55 pm

The California Political Reform Act was amended to regulate “placement agents.” Under Government Code Section 82047.3(a), a “placement agent” is defined to mean an individual directly or indirectly hired, engaged, or retained by, or serving for the benefit of or...

AB 1003 Creates a New Offense for the Intentional Theft of Wages by an Employer

September 28, 2021 7:45 amSeptember 28, 2021 7:15 am

On September 27, 2021, Governor Gavin Newsom signed into law Assembly Bill 1003 by Assemblywoman Lorena Gonzalez (D-San Diego), relating to wage theft. AB 1003 adds Section 487m to the California Penal Code to specify criminal penalties for wage theft...

Applying Dynamex Retroactively Is Fundamentally Unfair

September 22, 2021 4:05 pmSeptember 22, 2021 5:07 pm

With this week’s federal appellate court decision, we can clearly see the fundamental unfairness of the retroactive application of the California Supreme Court’s Dynamex decision on classifying workers as employees or independent contractors. On Monday, September 20, the U.S. Court...

Legislation Creates Business-to-Business Exemption from ABC Worker Classification Test

February 13, 2021 11:30 amFebruary 13, 2021 9:26 am

On February 12, Assemblyman Chad Mayes (I-Yucca Valley) introduced Assembly Bill 612, which would create a business-to-business exemption from the “ABC Test” for worker classification. The bill would add Section 2776.5 to the Labor Code. Under existing law, California’s Labor...

California Supreme Court Rules Dynamex Decision Is Retroactive

January 15, 2021 7:02 amJanuary 15, 2021 7:05 am

On January 14, the California Supreme Court ruled unanimously that its landmark Dynamex decision instituting the “ABC Test” for worker classification is retroactive. The high court wrote, “In concluding that the standard set forth in Dynamex applies retroactively — that...

CA Supreme Court Undermines Independent Worker Test Ruling it Retroactive

January 15, 2021 2:25 amJanuary 16, 2021 10:35 am

On Thursday the California Supreme Court ruled that the “ABC” test for finding independent contractors and workers under the AB 5 law is now to be considered retroactive. Under AB 5, the ABC test, first clarified in the 2018 Dynamex...