California Adds More Exemptions to Controversial Independent Contractor Statute

We have written frequently here about AB5, California’s controversial law that creates an “ABC” test that must be satisfied in order for a worker to be treated as an independent contractor.  As we explained here, AB5 codified and expanded the “ABC” test adopted by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court for determining whether workers in California should be classified as employees or as independent contractors.

While the statute was unambiguously aimed at ride share and food delivery companies that treat drivers as independent contractors, it was broadly written and was passed with little discussion.  Confusingly, it contained a mishmash of last-minute exemptions from the “ABC” test that, from a distance, seemed to be based on little more than which industry groups were able to get legislators’ ears in the hours before the statute was passed.

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REDUNDANCY: WHAT IS THE PROCESS AND WHAT ARE THE ALTERNATIVES?

From 1st September 2020, the furlough scheme enters its final stages, with employers now having to pay 10% of the furloughed employee’s wages, as well as pension and employer’s national insurance contributions. This will increase to 20% from 1st October 2020 before the scheme ends at the end of October. Read more…

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Recent Interview with BW Legal World

Ms. Seema Jhingan, Partner of the Firm recently spoke with Ashima Ohri of BW Legal World in an exclusive interview to shed light on the New Education Policy 2020 announced by the Government of India to initiate the long overdue reforms in the Indian school and higher education sector; franchise-model businesses in India; the advent of legal technology and its impact; challenging matters including helping her client bring the very first resort time-sharing concept of holidaying to India; her journey in law and much more.

Read more here: https://bit.ly/2YEDbqQ

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Webinar Video: Wage & Hour – Expense Reimbursement – Class Action Avoidance Series

In this installment of Epstein Becker Green’s “Class Action Avoidance” webinar series, attorney Michael S. Kun addresses potential wage and hour class actions related to expense reimbursement for employees working from home during the COVID-19 pandemic.

Many employers may have employees working from home for the first time—or at least have employees in certain job categories doing so for the first time. Even employees who sometimes worked from home previously may be doing so for much more time now and, arguably, incurring greater expenses as a result.

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Video: CDC Reversals, New FMLA Forms, Tracking Unscheduled Work – Employment Law This Week

As featured in #WorkforceWednesday:  Employers are reevaluating plans after Centers for Disease Control and Prevention (CDC) reversals, and the U.S. Department of Labor (DOL) offers clarification on wage and hour issues related to the pandemic.

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Rule 4: No Touching – Return to Work in the Time of COVID-19

Part 4 of a series featuring our video Rules of the Road: Return to Work in the Time of COVID-19.

We have said this before, but we will say it again: in the workplace, there should be no touching – ever. The COVID-19 pandemic just provides another reason to follow the advice we give in the anti-harassment context, that employees should maintain distance and not touch others.

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Payroll tax deferral guidance leaves unanswered questions

The IRS and U.S. Treasury recently issued guidance implementing an order from President Donald Trump to defer collection of certain payroll taxes normally withheld from employees’ paychecks. However, a number of questions remain for businesses, including whether or not the deferral is mandatory and how the order would be implemented.

Click here for an overview of the guidance and insight on what your business should do.

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New York Could Become the First State to Require Cybersecurity CLE

New York attorneys could soon have to complete cybersecurity training courses to satisfy their continuing legal education (“CLE”) requirement. The House of Delegates of the New York State Bar Association (“NYSBA”) has approved a report proposing that NYSBA’s Executive Committee recommend to the New York State Continuing Legal Education Board that the biennial CLE requirement be amended to require one credit on cybersecurity. The Committee on Technology and the Legal Profession (the “Committee”), which submitted the report, recognized the mounting cybersecurity risks faced by law firms and in-house legal departments entrusted with their clients’ most sensitive data. Legal employers electronically holding their employees’ and clients’ private information, such as social security numbers, tax information, and financial account information, already are required to implement reasonable safeguards to protect such information, including workforce training, under the New York State Stop Hacks and Improve Electronic Data Security (the “SHIELD”) Act. The vote to adopt the new training requirement could occur as soon as this month; and if it is adopted, the requirement will exemplify the move in New York State to protect the public against cybersecurity risks to sensitive data.

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Rainmaking Recommendation from Jaimie Field: What Rainmakers Do Differently Than Other Attorneys

Do you wonder what makes rainmakers stand out from other lawyers? This week, trainer and expert, Jaimie Field, discusses what sets rainmakers apart.

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The things that Rainmakers do differently from other attorneys are very simple (but not necessarily easy):

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Llinks Client Alert – Commercial IP(July-August 2020)

Llinks would like to share our views on the most recent hot topics and legal updates on the Commercial IP with “ Llinks Client Alert  Commercial IP(July-August 2020)”

If you have any questions or do not wish to receive this kind of publication sent by Llinks, please do not hesitate to contact us.

Publication@llinkslaw.com

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