Whether app-based drivers are misclassified as independent contractors is back before the courts. The state of California is appealing a judge’s 2021 ruling striking down a voter-approved ballot measure exempting certain app-based workers from legislation requiring them to be classified as employees. The case, Castellanos et al. v. California, has to do with Proposition 22, also known as the Protect App-Based Drivers and Services Act, a 2020 ballot measure which received heavy financial … [Read more...]
Prevailing Wage Laws and the Bipartisan Infrastructure Law: What to Know
Americans can expect to see more orange cones as construction workers begin to tackle $1.2 trillion in infrastructure investments approved by Congress and signed into law by President Joe Biden late last year. The Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law, provides funding for rebuilding roads and bridges, replacing lead pipes and providing high-speed internet to more Americans, among other priorities. It is also expected to provide employment to … [Read more...]
Forced Arbitration Ends for Workplace Sexual Harassment Victims Under New Law
New landmark legislation ends forced arbitration for workplace victims of sexual harassment or sexual assault, ensuring they can have their days in court regardless of whatever clauses may be folded into their employment contracts. During Sexual Assault Awareness Month, we wanted to highlight this new federal protection for workers. Last month, President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which passed with bipartisan … [Read more...]
California PAGA Claims Head to the U.S. Supreme Court
A California employment law that gives workers more leverage when they’re mistreated by employers has caught the attention of the U.S. Supreme Court, and the docket reflects a flurry of arguments filed by many interested parties — often representing businesses. As advocates for California workers, we’re following the future of California PAGA claims closely. The high court is expected to make a decision by the summer. California PAGA Claims: What the Law Allows At issue: The California … [Read more...]
AB5 and Gig Workers: No End in Sight in the Costly Classification Battle
AB5, the California law meant to protect Uber and Lyft drivers and other gig workers, remains embattled and uncertain on multiple fronts. We’re watching to see how the U.S. Solicitor General responds, but every development seems to spark more questions than answers. Here’s a rundown: The law, which took effect in 2020 but quickly faced challenges that put it in limbo, was intended to prevent companies from denying employment protections and benefits to their workers by misclassifying them … [Read more...]
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