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  • Governor Sounds Death Knell to Most Independent Contractors: The "ABC" Test is Official

    By Procopio Senior Associate Annie Ellis and Associate Stephenie M. Alexander As of January 1, 2020, many employers in California will find it almost impossible to make use of independent contractors. This process began last year with a landmark California Supreme Court decision establishing a three-pronged test to determine if a worker should be classified as an independent contractor or employee. That decision has now been codified, with Governor Gavin Newsom signing A.B. 5 into law on ...

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  • The New ABC Test for Independent Contractors Spells Serious Trouble for California Businesses

    By Procopio Partner Marie Burke Kenny and Associate Annie Macaleer In a much-anticipated decision, the California Supreme Court on April 30, 2018, held that there is a presumption that all workers are employees, and that a business classifying a worker as an independent contractor bears the burden of establishing that such a classification is proper under a new test called the “ABC test.” Given the increasing prevalence of so-called “gig economy” workers in the state, this decisio...

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  • Recreational Marijuana Use is Now Legal in California: How Does That Impact Employers?

    By Procopio Associate Annie Macaleer It’s now legal under California law to engage in recreational marijuana use, and it’s safe to assume that some of your employees are taking advantage of the newly enacted law. How does that impact your ability to monitor existing employees and screen potential applicants? Not as much as you might think. It does, however, present a big challenge for many employers to ensure employees and applicants understand that, while certain aspects of state law...

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  • Effective TODAY! Revised San Diego Minimum Wage and Paid Sick Leave Ordinance

    In previous updates from earlier this summer, we alerted employers about the San Diego Earned Sick Leave and Minimum Wage Ordinance (“Ordinance”), advising employers that the “original” Ordinance (effective July 11) would eventually be revised into an “implemented” Ordinance (effective sometime in September).  The Office of Enforcement (the agency tasked with enforcing the Ordinance in San Diego) finalized the language in the implemented Ordinance and the effective date is TO...

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