Monthly Archives May 2020

1. Can You Stay Open: The Governor’s Executive Order N-33-20 identifies16 critical infrastructure sectors that are to remain open and operating in the interest of security, economic security, public health and safety.  However, if your company does not operate in, or in support of, the16 critical infrastructure sectors, you may only stay open and operating to the extent that you or your employees may work remotely. Executive Order N-33-20 is a “Stay at Home” order.  There are also certain businesses that have specifically been ordered closed (or to operate differently) in various counties/cities in California, mostly those that serve as
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Last month, Governor Gavin Newsome signed AB-5 into law, now codified as new Labor Code §2750.3. Section 2750.3 governs the classification of independent contractor employment status (vs “employee”) in California. The new Labor Code section expressly adopts the California Supreme Court’s heavily employee biased shift in then existing law as expressed in its 80-plus page April 2018 Dynamex decision.1  1 Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 90.  2 Most notably business operating in the “gig” economy like Uber. The Dynamex case involved drivers for an on-line food delivery service.  3 This means any business,
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