“Some day, California’s going to fall into the ocean” usually refers to the San Andreas fault. Now it may refer to AB-5, and the future of the franchise industry in California. The California legislature has now passed AB-5, and Governor Newsom has...By: Fox Rothschild LLP
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GDPR permits a general contractor to disclose personal information of the client who hired them for a home renovation to subcontractors, for their purpose of carrying out the renovation as well as for the correction of defects within the scope of the...By: Fox Rothschild LLP
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In a departure from decisions in recent years, the California high court has finally imposed some limits on the otherwise expansive reach of the Private Attorneys General Act, Labor Code § 2698, et seq. (“PAGA”). The legislation from 2002 allows one...By: Fox Rothschild LLP
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I read a very interesting article in the Epstein Becker Wage & Hour Defense Blog, whose sentiments I wholeheartedly agree with. It concerns the issue of attorney fees for plaintiff lawyers in FLSA/wage cases. The blog post notes that often, these...By: Fox Rothschild LLP
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On Sept. 18, Gov. Gavin Newsom signed AB-5 into law, drastically altering how millions of Californians are paid and vastly complicating the legal analysis involved in deciding whether workers are properly classified as "employees" or "independent...By: Fox Rothschild LLP
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It looks like the back-and-forth about how much employee information will be covered under the California Consumer Privacy Act, CCPA, is likely resolved, at least for now. The California legislature recently passed AB 25, which excludes most...By: Fox Rothschild LLP
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N.C. Business Court Addresses the Scope of a Judicial Appraisal Proceeding- In Reynolds American Inc. v. Third Motion Equities Master Fund Ltd. et al., 2019 NCBC 35 (N.C. Super. Ct. June 4, 2019), the Business Court considered the scope of a...By: Fox Rothschild LLP
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Engaging independent contractors instead of hiring employees is enticing… no overtime pay, benefits, tax withholdings, FICA obligations or legal liability for certain claims. If you misclassify a worker, however, the penalties are great — back...By: Fox Rothschild LLP
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With the effective date of the CCPA quickly approaching, industry backed bills have been heavily debated by the California legislature. Many proposed bills were abandoned, but some managed to survive and move forward. One of the bills that survived –...By: Fox Rothschild LLP
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Misclassification of employees as independent contractors "does not violate the [National Labor Relations] Act,” the NLRB held last month. The decision is precedential as no other Board case has specifically dealt with whether this type of employer...By: Fox Rothschild LLP
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