Top Rated Employment & Labor Attorney in Palo Alto, CA

Pro bono/Community Service:

• Board Member, Bay Area Skating Foundation

Representative Clients:

• CKE Restaurants Holdings
• Focus Brands
• Stanford Federal Credit Union
• Super Micro Computer Inc.
• Proterra
• Il Fornaio (America) LLC
• Massage Envy Franchising

Newsletters:

• On April 30, 2018, the California Supreme Court issued a groundbreaking decision in Dynamex Operations West, Inc. v. Superior Court (Los Angeles), 4 Cal. 5th 903 (2018), regarding the standard by which employers may classify California workers as employees or independent contractors for purposes of the California wage orders.  Since then, employers have scrambled to scrutinize their relationships with contract workers and potential obligations relating to minimum wages, overtime, and basic working conditions such as required meal and rest breaks. The new “ABC test” announced in Dynamex places the burden on employers to show that a worker is an independent contractor rather than an employee for purposes of the California wage orders.  To satisfy the ABC test, the employer must establish all three of the following: the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work, and in fact; andthe worker performs work that is outside the usual course of the hiring entity’s business; andthe worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed. The case generated more questions perhaps than answers:    How will this impact the gig economy?    Will the decision reverberate into the franchise business model?    Does the new test apply retroactively and will it open the door to a flood of litigation?   The ensuing months have done little to clarify the murky waters., COMPANIES WITH CONTRACTORS: HAVE YOU LEARNED YOUR DYNAMEX A, B, C’S?
• As the 2019 Coronavirus (“COVID-19”) crises continue to unfold, Sacks Ricketts & Case, LLP remains committed to keeping our clients up to date. , Special Edition Employer COVID-19 Preparedness Guide
• Recognizing that the COVID-19 pandemic will not be leaving us soon, the California Occupational Safety and Health Standards Board recently proposed changes to the California Code of Regulations to address COVID-19 prevention measures for the workplace. The Board’s Emergency Temporary Standards (“ETS”) were adopted by the Board on November 20, 2020, and approved by the Office of Administrative Law on November 30, 2020, making them immediately effective for the following 180 days, with possible extensions. The key aspects of the ETS are a written COVID-19 Prevention Program, and requirements for notifying employees of possible workplace exposure, as well as employer-provided COVID-19 testing, both optional and mandatory, depending on the situation. The ETS also mandates when employees must be excluded from the workplace and the criteria that must be satisfied before they may return to work. Notably, the ETS requires employers to continue and maintain an employee’s earnings, seniority, and other employee rights and benefits for the period the employee is excluded from work.  On December 14, 2020, Governor Newsom issued Executive Order N 84-20 updating the ETS, modifying the quarantine period for asymptomatic individuals exposed to COVID-19 to 10 days. In his news release, the Governor explained this update was in keeping with updated guidance from the California Department of Public Health related to COVID 19 quarantine periods., COVID-19 Emergency Temporary Standards: What Do Employers Need to Know?
• Numerous amendments to the California Fair Employment and Housing Act (“FEHA”) regulations were approved by the Office of Administrative Law with an effective date of April 1, 2016.  While many of the amendments simply clarify existing regulations or conform the regulations to recent statutory updates, the amendments do impose certain new requirements on California employers.  This article discussed key provisions that require action by California employers., Spring into Action: New Rules to Curb Workplace Harassment
• Don’t mistake this for a trailer for your favorite Thursday night TV lineup.  Instead, it’s a preview of the legal compliance changes California employers will soon be grappling with.  See a brief summary of some of the key California employment-related laws recently passed by the California Legislature and signed by Governor Brown as of the October 15 deadline.  The new requirements range from pre-employment inquiries regarding criminal conviction history and salary information to parental leave, among other topics. Unless otherwise specified, the new laws will become effective on January 1, 2018., CRIMES, MONEY, BABIES AND MORE! What's in the lineup for California employers in 2018