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Truckers Fight Against Bill AB5, No Backup from Teamsters or State of California

Truckers Fight Against Bill AB5, No Backup from Teamsters or State of California May 31, 2020. By Jane Mundy.
Santa Clara, CA Uber and other gig-based companies aren’t the only ones battling California labor law Assembly Bill 5.  Late last year, the Western States Trucking Association and the California Trucking Association also filed lawsuits challenging AB5 and its “ABC test”, which has now been challenged by the state and the Teamsters.
Read [ Truckers Fight Against Bill AB5, No Backup from Teamsters or State of California ]

California McDonald’s Workers Cite COVID-19 Safety Issues

California McDonald’s Workers Cite COVID-19 Safety Issues May 25, 2020. By Anne Wallace.
Los Angeles, CA McDonald’s workers filed complaints under the Private Attorney Generals Act (PAGA) claiming that the California Division of Occupational Health and Safety’s failure to address COVID-19 workplace safety issues has put workers in “imminent danger.”  McDonald’s now has less than a month to correct violations of the California Labor Code. Thereafter, either the state or workers can sue the fast-food giant.
Read [ California McDonald’s Workers Cite COVID-19 Safety Issues ]

The Gig Economy v. Assembly Bill 5

The Gig Economy v. Assembly Bill 5 May 19, 2020. By Jane Mundy.
San Jose, CA When the Assembly Bill 5 (AB 5) was signed in September 2019, Uber and Lyft said they'd sponsor a ballot initiative to take the issue to California voters in November 2020. To date, over $110 million has been raised and more than a million signatures collected to sponsor the initiative known as the "Protect App-Based Drivers and Services Act", which could exempt some companies from AB5 written into the California labor law. Labor and employment lawyer Michael Warren with the McManis Faulkner law firm says Uber and others will need more than money and signatures.
Read [ The Gig Economy v. Assembly Bill 5 ]

California Sues Uber and Lyft

California Sues Uber and Lyft May 15, 2020. By Anne Wallace.
San Francisco, CA On May 5, Attorney General Xavier Becerra  filed a lawsuit on behalf of the State of California alleging that Uber and Lyft have misclassified  on-demand drivers as independent contractors in violation of  the California Labor Code, Wage Orders and Unemployment Compensation laws.
Read [ California Sues Uber and Lyft ]

Some California Food Workers Choose between COVID-19 exposure or lost wages—will worker safety lawsuits follow?

Some California Food Workers Choose between COVID-19 exposure or lost wages—will worker safety lawsuits follow? May 12, 2020. By Jane Mundy.
Sacramento, CA Food sector workers are mostly front-line workers. From farmers to food processors to grocery store clerks, they continue to work to ensure the state’s 40 million residents have enough food during this crisis. And they continue to work even when co-workers have tested positive for COVID-19. If not, they could get fired, despite a new California labor order that provides sick leave for full-time workers exposed to the virus. Are worker safety lawsuits on the horizon?
Read [ Some California Food Workers Choose between COVID-19 exposure or lost wages—will worker safety lawsuits follow? ]

California Suspends Worker Layoff Notifications. Did Velodyne Take Advantage?

California Suspends Worker Layoff Notifications. Did Velodyne Take Advantage? May 4, 2020. By Anne Wallace.
San Jose, CA Siers v. Velodyne Lidar is a class action lawsuit brought under the provisions of the federal Worker Adjustment and Retraining Notification Act (WARN) and provisions of California labor law that afford employees similar protection against sudden and precipitous layoff. According to Benjamin Siers, Velodyne terminated a third of its workforce with just one day’s notice, citing the COVID-19 pandemic. In the context of Velodyne’s other business activities, however, that reason appears to have been a pretext – a very convenient pretext that relieved Velodyne of time and attendant costs it would otherwise have incurred as it moved production facilities overseas.
Read [ California Suspends Worker Layoff Notifications. Did Velodyne Take Advantage? ]

Can California Employers Pay Workers with Reloadable Debit Cards?

Can California Employers Pay Workers with Reloadable Debit Cards? April 27, 2020. By Anne Wallace.
Riverside County, CA Janelly Sandoval filed a class action lawsuit against Home Depot in Riverside Superior Court on January 31,2020. The lawsuit, which has since been removed to the District Court for the Central District of California, claims that Home Depot violated Sections 201 through 203 of the California Labor Code by paying her final wages by means of a pay card. Between 2017 and 2020, it was allegedly the company’s usual practice to pay workers’ final pay by debit card, regardless of whether they were usually paid by check or through direct deposit.
Read [ Can California Employers Pay Workers with Reloadable Debit Cards? ]

California Labor Bill AB5 Adding Fuel to Fire with COVID-19 Crisis?

California Labor Bill AB5 Adding Fuel to Fire with COVID-19 Crisis? April 24, 2020. By Jane Mundy.
Santa Clara, CA While the COVID-19 crisis has caused unprecedented unemployment as more California workers are being laid off, many thousands of people, from politicians to independent contractors, say that California Labor Bill AB5 is worsening the economy.
Read [ California Labor Bill AB5 Adding Fuel to Fire with COVID-19 Crisis? ]

Uber Drivers May Have to Choose between COVID-19 Pay and Employee Status

Uber Drivers May Have to Choose between COVID-19 Pay and Employee Status April 13, 2020. By Anne Wallace.
San Francisco, CA The story goes something like this – if one day, you saw someone drowning in the river (and supposing that you were a strong swimmer) you would jump in to save them. But if every day, at the same spot, you encountered the same escalating situation, you would eventually walk upstream to find out what was going on. The drivers in Capriole v. Uber Technologies Inc., a Massachusetts lawsuit  that is similar to cases being concurrently argued under the terms of California labor law, argue that it’s time to walk upstream to check the bridge.
Read [ Uber Drivers May Have to Choose between COVID-19 Pay and Employee Status ]

California Labor Law Issues During Coronavirus Crisis

California Labor Law Issues During Coronavirus Crisis April 8, 2020. By Jane Mundy.
Santa Clara, CA California labor law issues connected with the coronavirus are emerging. Uber and its drivers have continuously fought over misclassification and countless lawsuits have been filed against Uber over whether its drivers are employees or independent contractors. Now Uber drivers are ramping up their case. And Zoom Video Communications is accused of failing to protect users’ personal information.
Read [ California Labor Law Issues During Coronavirus Crisis ]

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