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Volume X, Number 268

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#WorkforceWednesday: New AB5 Exemptions, EEOC COVID-19 Updates, Joint-Employer Rule Partially Struck Down [VIDEO]

Welcome to #WorkforceWednesday! This week, worker classification and joint employment are in focus, as California amends AB5 and a federal judge rules on joint-employer liability.

New AB5 Exemptions in CA (Video)

California enacted a new law amending AB5, the state’s controversial law that codified the “ABC test” for worker classification. The new law immediately exempted occupations such as musicians, freelance writers, and photojournalists from AB5. Attorney Amy Ramsey explains what these exemptions might mean for AB5 moving forward.

EEOC Updates and Adds to COVID-19 Guidance

As you continue return-to-work planning, keep in mind that the Equal Opportunity Employment Commission (EEOC) recently clarified that employers may not ask specifically whether employees have family members who have COVID-19 or symptoms associated with COVID-19. This was one of the biggest additions last week to the EEOC’s updated technical assistance questions and answers.   

Judge Strikes Down Part of DOL’s Joint-Employer Rule

A federal judge granted states’ motion to vacate the U.S. Department of Labor’s (DOL’s) final rule on joint-employer liability as it pertains to vertical joint employment. The court faulted the DOL’s application of different tests for “primary” and “joint” employment where the Fair Labor Standards Act does not provide a separate definition of, or test to determine, joint employment. Read more.

©2020 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume X, Number 260


About this Author

Epstein Becker Green’s Employment, Labor, and Workforce Management practice is one of the largest in the United States limited to the representation of management as listed in Workforce Management magazine's most recent ranking of the top 10 U.S. employment law firms. We take a personalized approach to our clients, providing services that are tailored to, and focused on, meeting all their labor and employment law needs.

The firm offers advice and representation to companies across various industries, with a particular focus on financial services; hospitality; retail;...