NFIB California Legal Eagle

Date: July 06, 2015

What California Employers Need to Know
About Mandatory Paid Sick Leave

As of today — July
1, 2015 — California’s mandatory paid sick leave law is fully effective. To
help you remain compliant, we’re sending this special Legal Eagle advisory —
detailing the eight things that every California small business owner needs to
know about paid sick leave. We explain what sort of notice you must give to
employees, how much time they are entitled to, the reasons an employee may take
paid sick leave and explain restrictions that employers can impose on paid sick
leave policies — click
here to read the full article
.

Marijuana in the Workplace: Strategies
for Breaking Through the Haze

With legalization
of “medical marijuana” in California, many employers are left wondering whether
they can continue to enforce a drug-free work place. For that matter, California’s
legalization of medical marijuana raises many employment concerns, such as the
potential impact on zero tolerance policies, drug testing, accommodation
requirements for medical marijuana use, and discipline policies. To help you
steer clear of trouble in these areas, NFIB Small Business Legal Center’s
Senior Executive Counsel, Elizabeth Milito, has prepared an insightful webinar.
Recorded on June 24, 2015, the archived webinar is available to you here.

What the Uber Decision Means for Your
Business

Last month the
California Labor Commission ruled that Uber
drivers are employees
— not independent
contractors. The decision made a big splash in the
media
because it calls into question the viability of Uber’s
entire business model. And while folks are talking about this issue, we thought
it was a good time to remind NFIB members of how important it is to properly
classify your workers.

It can be
notoriously difficult to determine whether a worker should be classified as an
employee or an independent contractor — but it’s important to understand that
employers open themselves up to major liabilities if they incorrectly classify
workers. Thus while it may seem like an attractive option to treat workers as
non-employees, the reality is that an improper classification is a sure fire
way to invite lawsuits and penalties. So what do you need to know to avoid trouble?

Here are a few
top-line points to keep in mind:

(1)
There is a presumption that your workers are employees — not independent
contractors. Accordingly, if you wish to treat a worker as a contractor, you
must be prepared to demonstrate that he or she is truly independent.

(2)
Courts consider numerous factors when deciding whether a worker has been
misclassified as an independent contractor, but the touchstone question is
whether, and to what extent, you have exerted control over the worker. As such,
the worker is more likely to be considered your employee if he or she reports
to your offices, if it appears that you are actively supervising his or her
work, or if you control the worker in other ways.

(3)
Uber was dubbed an employer because Uber drivers are so integral to its
business model. So you must be extra careful before deeming a worker an
independent contractor — especially if his or her work is essential to your
business functions.

Since these
determinations can be complicated, the safest course of action is always to
retain counsel from a trusted employment law attorney. But you should also know
that NFIB Small Business Legal Center has produced a helpful
guide
to assist you with these issues. Additionally, the
Department of Industrial Relations provides useful guidance.

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