The California Senate has passed AB 5, which codifies and expands on the “ABC” test for determining whether a worker should be classified as an employee or an independent contractor. The new test was adopted by the California Supreme Court’s Dynamex decision in 2018. In Dynamex, the California Supreme Court held that under this ABC test, workers ...
As previously stated in Spotlight, the California legislature has passed Assembly Bill (AB) 5, which codifies and expands on the “ABC” test for determining whether a worker should be classified as an employee or an independent contractor. Yesterday, September 18th, California Governor Gavin Newsom signed AB 5, requiring employers to reclassify certain workers who are ...
The U.S. Department of Labor (DOL) announced its long-awaited final rule updating and revising the regulations issued under the Fair Labor Standards Act (FLSA) regarding the salary levels necessary to deem executive, administrative or professional employees exempt from the FLSA’s minimum wage and overtime pay requirements (the so-called “white collar exemptions”). The DOL changes do…
On August 27, 2019, U.S. Citizenship and Immigration Services (USCIS) advised employers to continue using the Form I-9 for Employment Eligibility Verification that was released on July 17, 2017, and to disregard the August 31, 2019, expiration date printed on the form until further notice. Western Growers will provide updated information about the new version ...
As we reported here, the U.S. Department of Labor, Employment and Training Administration and Wage and Hour Division posted a Notice of Proposed Rulemaking (NPRM) to solicit public comment on proposed changes to improve the H-2A temporary agricultural labor certification program for the first time since 2010. In comments submitted by Western Growers, the Grower-Shipper ...