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Archive by tag: Allen MatkinsReturn

Do Directors Avoid Employee Status Under AB 5?

California's new law, AB 5, broadens the definition of "employee" by adopting the so-called A-B-C test for employment status.  Recently, I commented on the possible ramifications of classification of outside directors as employees. AB 5 is rife with...By: Allen Matkins
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Allen Matkins | Jan 22,2020 |

Is California Threatening Director Independence?

Publicly traded companies need to know whether a director qualifies as "independent" for a variety of reasons. Item 407 of Regulation S-K, for example, requires issuers to identify each director that is independent. In determining independence,...By: Allen Matkins
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Allen Matkins | Jan 16,2020 |

Is A Director An Employee? The SEC Has Some Contradictory Answers.

On Monday, I wrote about whether a director might be an employee following California's enactment the A-B-C test for determining status as an employee. California, of course, does not determine employment status for all purposes....By: Allen Matkins
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Allen Matkins | Dec 11,2019 |

2020 Labor & Employment Law Update for California Employers

As 2019 draws to a close, it is time to take a close look at some of the most important new laws that have been passed which will affect California employers in 2020 and beyond. As always, employers should review their policies and practices to...By: Allen Matkins
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Allen Matkins | Dec 10,2019 |

Has California Made Directors Employees?

On September 18, 2019, California Governor Gavin Newsom signed AB 5 into law effective January 1, 2020.  This legislation is intended to make it more likely that a worker will be classified as an employee. It effects this change by codifying the...By: Allen Matkins
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Allen Matkins | Dec 09,2019 |

In This Case, The "Crux Of The Biscuit" Was The Missing Apostrophe

Consider the following provision of in a contract between a general contractor and a subcontractor......By: Allen Matkins
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Allen Matkins | Nov 09,2019 |

Third Time's A Charm: Governor Signs Legislation Prohibiting Mandatory Arbitration Agreements

Effective January 1, 2020, California employers may no longer require an employee or applicant to agree to arbitrate certain employment-related claims as a condition of employment....By: Allen Matkins
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Allen Matkins | Oct 30,2019 |

NYC Controller Launches "Rooney Rule" Initiative, But Is It Legal In California?

John Jenkins yesterday wrote about the New York City Controller's initiative asking boards of directors to adopt a policy "requiring that the initial lists of candidates from which new management-supported director nominees and chief executive...By: Allen Matkins
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Allen Matkins | Oct 16,2019 |

California Enacts Another Risk Factor

On September 18, Governor Gavin Newsom signed AB 5, a bill dealing with the classification of workers as employees or independent contractors. It will probably come as no surprise that the bill intended to make it more likely that a worker will be...By: Allen Matkins
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Allen Matkins | Sep 26,2019 |

California Law Provides New Test for Classifying Workers

On September 18, 2019, Governor Newson signed Assembly Bill No. 5 - legislation that changes the law in California for determining whether a worker should be classified as an “independent contractor” or as an “employee.” The law, which goes into...By: Allen Matkins
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Allen Matkins | Sep 26,2019 |
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