What You Need to Know about Independent Contractor Relationships in California

Courtesy of AB 5 and a (controversial) case called Dynamex Operations West, Inc. v. Superior Court of Los Angeles, California generally presumes that all of your workers are employees—not independent contractors. One potential workaround for this general presumption involves so-called “business-to-business” relationships (colloquially abbreviated “B2B”), in which one business contracts with another business to supply a worker that the latter business needs.

The EEOC Revises COVID-19 Guidelines, including a New Testing Standard

The Equal Employment Opportunity Commission (“EEOC”) has updated its guidelines with respect to COVID-19. The EEOC has updated its “Technical Assistance Questions and Answers” which includes a new standard of how employers who are still testing their employees for COVID-19 can comply with the Americans with Disabilities Act (“ADA”).  To note, these guidelines do not have the force and effect of law, however, they provide valuable insight into how the EEOC interprets the laws that they enforce.

4 Tips for Employers to Successfully Appeal an Unemployment Claim

Former employees will frequently claim unemployment benefits based on allegations of retaliation, hostile work environment, and/or constructive termination, even if the employee resigns from a position voluntarily without good cause and is not entitled to such benefits. When this occurs, employers have the option to contest the employee’s claim for unemployment benefits by filing an appeal before the California Unemployment Insurance Appeals Board (the “Board”) by an administrative law judge.