2018 has been a year of box office hits for California employers, but the critics remain skeptical.

On December 13th, join Baker McKenzie at the Westin SFO in Millbrae from 9 AM to 12 PM for our annual employment law update as we review the employment winners in 2018 and share our predictions for the year ahead.

With our director and producers keeping us on track, our cast and crew will cover topics including:

  • National and CA wage and hour updates and trends
  • California’s hot-off-the-press #metoo legislation
  • New CA requirements for female board members
  • Clarifying California’s salary history ban
  • Living and litigating in the gig economy for multi-state employers
  • Immigration changes affecting California employers
  • And much more!

We will also go “on location” and share a few international trends.

Join Us and Win!

The concession stands are open! Join us for a chance to win movie night themed prizes and more. Click here to view the full invite for more details on time, location and our cast and crew, and click here to RSVP.

In a welcome decision for franchisors, and first of its kind in the Second Circuit, the Southern District of New York ruled that Domino’s Pizza Franchising LLC, the franchisor (Domino’s), did not exert enough control over its franchisee to warrant joint employer status. This determination means Domino’s will not have to face claims brought under the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL) by current and former employees of a Domino’s franchisee.

Click here to read more about the case, the decision and takeaways for employers.

Please join us for a complimentary breakfast briefing in Los Angeles on October 16 and in Palo Alto on October 17 to study new employment law updates from Asia Pacific.

Baker McKenzie’s employment law attorneys from Australia, China, Hong Kong, the Philippines, Singapore and Taiwan are coming to California to translate the recent trends, make sense of new laws and break down the hot topics facing US multinational employers operating in those countries today. Topics include:

  • Workplace gender equality reporting in Australia
  • The #MeToo movement in China
  • Work hour flexibility in Taiwan
  • Major employment law changes expected in Singapore
  • Contracting in the Philippines
  • Recent bonus/share option avoidance cases in Hong Kong

Click here for more details, including how to register.

In recent years, joint employer liability has emerged as a persistent threat for companies who use franchise business models. Franchisors are increasingly facing claims brought by employees of franchisees for entitlements flowing from their employment. The outcome in these cases is unpredictable because the law is undergoing change. As such, the joint employer aspects of franchising arrangements can prove to be a minefield for the unwary and are a growing global concern.

Click here to read the full article (originally published in the September 2018 edition of Franchising World), which covers key developments in joint employer liability for franchisors operating in Australia, Canada and Mexico and describes a proactive approach to help mitigate risk.

With the modern workforce comes modern employment problems. Businesses and workers alike have embraced the “gig economy,” but employment laws were not designed for workforces dominated by independent contractors and freelancers. This disconnect leaves gig economy businesses open to significant liability where such workers should have been classified as employees under the law.

Continue Reading New York Delivers Good News For Independent Contractors, But Risks Remain

Originally posted in the Daily Journal.

The California Supreme Court recently made a sweeping change to California’s gig economy. In Dynamex Operations West, Inc. v. Superior Court, the Supreme Court ruled that in deciding whether a worker is an employee or an independent contractor, the employer must begin by presuming that the worker is an employee or an independent contractor, the employer must begin by presuming that the worker is a common law employee.

Although the Dynamex ruling is limited to classifying workers under California’s wage orders, its practical effect will be much broader. Employers commonly use one definition of employee for wages, hours and working conditions, including employee benefit plan eligibility. The impact of the Dynamex decision on employee benefit plans that are subject to the Employee Retirement Income Security Act of 1974 is an open question. It will turn on the language found in each of those plans.

Click here to read on about the impact of the decision on employee benefit plans.

The Dynamex Case: A New Threat to Franchising? alerts franchisors to the California Supreme Court’s recent opinion in Dynamex Operations West Inc. v. The Superior Court of Los Angeles County.

Although not a franchise case, the decision cites two cases that used the ABC test to determine that franchisees were employees of a franchisor, not independent contractors. Assuming the Dynamex test is applied to franchising, it could have far-reaching consequences for our franchise clients with operations in California.

Please click here to read more. Thanks to Ann Hurwitz and Emily Harbison for preparing this alert.

On April 30, the California Supreme Court issued an opinion radically changing the legal landscape for any company engaging independent contractors in California. Dynamex Operations West Inc. v. The Superior Court of Los Angeles County changes the legal test for determining whether workers should be classified as employees or as independent contractors under California’s wage orders. The Court scrapped the multifactor, flexible test (known as “Borello”) that has been used in California for decades. It adopted the “ABC” test, a standard that has its roots in determination of unemployment tax status in other states and presumes workers are employees instead of independent contractors.

This extraordinary decision will have far-reaching consequences for California companies reliant on independent contractors and likely spur a landslide of litigation for years to come. As such, we are recommending that companies engaging independent contractors in California, in any industry, work with counsel to revisit classification decisions and undertake a cost/benefit analysis of reclassifying workers in the near term.

For more, please read our alert HERE.

  Yesterday we hosted a dynamic panel featuring four of our favorite European colleagues for a breakfast briefing in Palo Alto. Susan Eandi moderated a lively discussion with Nadège Dallais (France), Bernhard Trappehl (Germany), Fermin Guardiola (Spain) and Nicola James (United Kingdom).

Our colleagues gave guests an inside look at sociopolitical trends driving employment law change in each of their respective countries, as well as sharing important updates related to practical issues employers are currently facing.

In case you missed it, here are a few of the headlines:

Continue Reading Takeaways From Our European Employment Law Breakfast Briefing