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Category: Employment Law

  • California’s Stricter Meal and Break Requirements Pre-empted by Federal Law

    On January 15, 2021, the Ninth Circuit Court of Appeals settled, for now, whether California’s meal and rest break requirements were pre-empted by federal law. The Court ruled that the Federal Carrier Motor Safety Administration’s (FMCSA) determination that the California rules were pre-empted was proper. California’s rules are generally stricter than those provided federally, with California’s…

  • After a Weakening at the Ballot Box AB5 Supporters Get Win in Court

    Supporters of AB5 saw a huge defeat on Election Day with the passage of Proposition 22, which allows companies like Uber and Lyft to once again operate with its workers classified as independent contractors rather than as employers, as AB5 had required. However, AB5 continues to impact many businesses, including those in California’s large trucking…

  • Employment Changes Continue in California Amid Pandemic

    As the COVID-19 pandemic continues its impact, California’s response continues to change, which, in turn, keeps employers having to adjust on the fly. California’s legislature recently made a flurry of changes that business should be aware, not all of which are just pandemic related. Apart from COVID related measures, California passed a law requiring publicly…

  • Department of Labor Sets Forth Own Change to Independent Contractor Classification

    As California pushes forward with AB5, subjecting many employers to a stringent test when attempting to classify their workers as independent contractors rather than employees, the US Department of Labor (“DOL”) recently proposed its own change to how workers should be classified. While the California law makes it much more difficult for employers, particularly in the gig…

  • Changes to AB5 Brings Relief for Some But Not All

    Ever since the passage of AB5, numerous industries have taken aim at changing the law. Some of the bigger challenges have come from the transportation sector, including not just Uber and Lyft, but also from the trucking industry as well. As these challenges continue, both through the courts and proposed ballot initiatives for November, the…

  • Uber and Lyft’s California Operations in Limbo with Continuing AB5 Challenges

    Since AB5 came into effect in California the government has used multiple avenues to enforce the new law. This has put a target on Uber and Lyft in particular, as two of the biggest companies impacted by the law, and the ones that were also the main target of its passage to being with. However,…

  • Protecting your company from staff claims with strong contracts

    As the owner, manager or executive of a commercial transportation company, you know how hard it can be to attract and retain the best professional drivers. Commercial driving is a demanding career and commercial drivers have relatively high turnover rates. When you hire someone new to drive for your company, the contract that you sign with…

  • Lyft and Uber Plaintiffs Begin Using COVID-19 to Support Their Arguments

    Amid the COVID-19 pandemic almost every aspect of life has changed, but unfortunately for Uber and Lyft one thing that’s remaining the same is their continued legal trouble in California. According to Rideshare Drivers United, an advocacy group, two-thousand California ride-share drivers have filed wage claims against the companies, seeking over $630 million for lost…

  • Possible Shield Laws for Employers as Workers Return to Work

    While COVID continues to impact every part of society, businesses continue to struggle with how to operate safely. A major part of this consideration is keeping staff safe as and after they return. One concern for businesses in doing so is whether they’ll face liability if staff members become infected at work, an issue governments…

  • New hours of service regulations start in September

    The Federal Motor Carrier Safety Administration (FMCSA) has made changes to the hours of service (HOS) regulations. They state that the purpose is to give drivers more flexibility while maintaining safety standards. The new regulations passed on June 1, 2020, and go into effect on September 29, 2020.  Overview of changes The changes apply to the following…

  • New Considerations for Employers as Economy Reopens

    Along with handling the basic safety in reopening amidst the COVID-19 pandemic, California businesses also face new requirements with regard to employees returning to work. These requirements are meant to ensure the safety of workers and customers and allow businesses to open during the pandemic and thus should be on the radar for all companies as they…

  • A Positive Jobs Report But Concerns Remain Amid Uncertain Future

    May saw a historic surge in retail sales and June followed up with 4.8 million new jobs added. But with COVID cases spiking and many states re-closing, the economic concerns remain. Despite the upward trend, the numbers, of course, don’t factor in the recent spike in cases and re-closures occurring. Both signs that spending and new jobs won’t be…

  • When Your Employee is Injured at Work

    Transportation is one of the most injury-prone professions. As an employer in the transportation industry, you need to know what to do when these claims arise. Even when you are diligent in enforcing safety regulations for your drivers and other staff, accidents can still happen. Here is what employers should do if an injury happens: Get medical…

  • Larson & Gaston Picks Up Two Appellate Victories

    In April 2020, lawyers at Larson & Gaston received a pair of favorable decisions in cases pending before the California Court of Appeal and the Ninth Circuit Court of Appeals. On April 7, 2020, the Court of Appeal of the State of California, Second Appellate District, issued an opinion Ducksworth v. Trimodal Distribution Services, Case No. B294872, affirming…

  • California Continues Fight Against Classification of Workers by Uber and Lyft

    Since California’s passage of AB5, several lawsuits have arisen that challenge the law, with others testing its limits and impact. More recently, California has begun its attempts to enforce the law by targeting Uber and Lyft. In May, California Attorney General, Xavier Becerra, filed a lawsuit in San Francisco County Superior Court alleging Uber and Lyft misclassify…

  • COVID-19 Pandemic: California Employers May Be Required to Reimburse Employees for Remote Work Expenses Incurred During ‘Safer at Home’ Orders  

    On March 20, 2020, Gov. Gavin Newsome issued a statewide shelter-in-place order requiring residents to stay indoors except for certain essential activities, which include buying food and seeking medical treatment.  Residents are not supposed to leave home for work unless they work for an “essential” business, which includes health care.  In compliance with the order…

  • COVID-19 Pandemic: Employee’s paid sick leave and supporting documentation

    Employers are at different stages of dealing with the COVID-19 crisis. Here we attempt to summarize some of the information about new laws and administrative guidance issued in response to the COVID-19 Pandemic. Some of this information will not apply to all employers, particularly depending on what state and local orders are (or are not)…

  • State of Trucking Industry in Flux During Trying Times

    With coronavirus or Covid-19 taking center stage in our lives, the ramifications of the cancelations and closures are hitting everyone in both their personal and professional lives. As individuals and businesses try to adjust, the trucking industry finds itself in a unique position in handling the virus, all amid other global issues hitting the industry…

  • How startups can avoid asking illegal interview questions

    Entrepreneurs understand the time, resources and sweat equity it takes to start a business. Of course, one of the biggest obstacles they have to overcome is finding, hiring and maintaining the right people. Startup owners often have a hard time with this. That’s because many top performers in the market tend to go to more…

  • Could California’s AB5 Go National?

    As discussed previously on this blog, California’s AB5 is already rewriting employment law across a variety of sectors in California. Now the United States House of Representatives looks like it wants to use AB5 as a model for federal legislation. The House of Representatives recently passed a union backed bill that would use a similar approach to assessing…