January 20, 2022

Volume XII, Number 20

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January 20, 2022

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BUBBLER – California Keeps Saying No(vember)

In addition to death and taxes, there’s one more certainty in life -- that California’s General Assembly will keep employment lawyers in business.  In September and October, California enacted a pair of ground-shifting new laws that practically scream “NO” to employers.  These new laws are causing employers to scramble.  First, California codified its Supreme Court’s independent contractor test in AB 5, which presumes that most workers are employees unless the hiring entity establishes three conditions.  The law carves out and codifies exceptions to the presumption for certain categories of workers that have long been treated as independent contractors.  Then, late last month, California purportedly prohibited employers from requiring employees to arbitrate their employment disputes.  While the bill permits truly voluntary arbitration agreements, it may run afoul of the Federal Arbitration Act and will almost certainly face a challenge in federal court. 

If that isn’t enough, California employers should also be preparing for the January 1, 2020 effective date of the new California Consumer Privacy Act.  That law will grant California residents certain specific rights regarding their personal information and requires notice to consumers and employees about collection and use of personal information. 

Employers who were delinquent in submitting EEO-1 Component 2 data can give thanks that a federal court is forcing the EEOC to continue collecting the data until the earlier of January 31, 2020 or when the EEOC has achieved a 98.25% response rate from employers required to submit Component 2 data. 

©1994-2022 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume IX, Number 311
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About this Author

Employment relationships are among the most regulated in the nation, and ensuring compliance with the many laws and regulations impacting the workplace can be quite challenging. Mintz Levin can help you navigate through this complex legal environment, delivering practical advice and counsel to enable you to make smart decisions and minimize risks.

Our broad-based experience with employment matters makes our legal team an exceptional resource to assist our clients in dealing with employment questions, conflicts, and issues that arise throughout...

202-585-3507
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