California labor laws are complex and numerous. Lee discusses some of the latest California employment laws and as part of Lee’s General Counsel series featured on Be The Change HR’s website. You can read the article by clicking here.
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Posts by Steve Mitchell
The ABC’s of CPP’s
Lee Goldberg recently wrote about the importance of COVID-19 prevention practices for his General Counsel Corner series featured on Be the Change HR’s website. You can read the article by clicking here.
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AB-5 Is Dead, But Don’t Get So Excited
By now all should be aware of the new employee classification laws challenging California businesses (employee vs. 1099 contractor) effective January 1, 2020, known as AB-5 (Cal. Labor Code §2750.3). AB-5 codified the April 2018 unanimous ruling of the California Supreme Court in the Dynamex case.1 1 Dynamex Operations West, Inc. v. Superior Court of Los Angeles (2018) 4 Cal.5th 90. Well, AB-5, or more precisely, Labor Code §2750.3, has been repealed. However, it is not quite time to celebrate. In early September 2020, Governor Newsome signed AB-2257 into law, which came into effect immediately as an “urgency statute”. While
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So You Think California Forgot About AB-5 Enforcement?
It’s been a rough year so far for business (and for us all personally). Between the: (a) “shelter” orders, (b) business shut downs, re-openings, and new re-closings, (c) layoffs and high unemployment, (d) businesses feeling the pinch of decreased sales and increased operating costs, at the same time (e) trying to restructure operations in this new COVID world, … the current challenges for business are daunting at best. With all of that in play, it is easy to forget that as of January 1, 2020, the State of California codified a seismic shift with respect to how businesses must classify
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California Company Coronavirus Policy Checklist
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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Life After AB-5, No Chicken Little The Sky Is Not Falling
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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Considerations In Planning and Executing Your Business Exit Strategy
Most business owners are not aware that it can take up to two (2) years or more to properly position a company for sale. Proper positioning means that at the time your business “goes to market”, your company is structured, organized, documented, protected and operating in a manner that: (i) attracts the right business broker (which can be extremely important); (ii) will attract the right buyer (not just any buyer); and (iii) position your business to maximize your return on sale. The following are 8 general exit strategy planning and execution considerations common to most businesses. Many of these considerations
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Will Your Business Be Ready When the Economy Comes Roaring Back?
We are currently going through some very difficult times – no doubt. Business is challenging at best. I have read professional economists’ forecasts that business will not even start to return to “normal” until the end of June or July, some predict well later. At the very least, that is 3-4 months from now. The good news is that the overwhelming opinion (quite nearly unanimous) is that when the economy comes back, it will do so with a vengeance. During this COVID-19 crisis, I have not only been addressing my clients’ pressing and immediate business challenges, I have also been
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