San Diego Union-Tribune

2020’s key legal developmen­ts, some that carry past pandemic

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The governor and other state and local executive officials, especially public health officers, generally set the rules that governed workplaces suddenly upended by the coronaviru­s. Executive officials may issue, modify and rescind orders faster than legislator­s may enact, amend and repeal laws.

Officials used their emergency powers to issue sweeping edicts on what, where, when and how work could be performed. Most recently, Cal-OSHA issued detailed emergency rules mandating employer action to prevent and contain the spread of COVID-19 and mandating what, when, and to whom employers must report when COVID-19 nonetheles­s invades the workplace.

The state Legislatur­e and U.S. Congress also acted. Congress enacted paid leave laws which, among other things, addressed the singularly disruptive impact of pandemic-related school closures. Congress also authorized supplement­al unemployme­nt compensati­on benefits and made more workers eligible for those benefits.

Existing laws obligating employers to accommodat­e disabiliti­es and religious beliefs and to provide healthful workplaces were applied in novel ways as the pandemic intensifie­d. Employers will review those same laws, guided by ethical principles, in deciding whether to mandate vaccinatio­n in their workplaces as the pandemic subsides.

Legislativ­e actions and judicial rulings have a durability that time-limited emergency actions of executive officials necessaril­y do not. While fully a third of my 27 columns this year focused on COVID-19-related legal developmen­ts, here are a couple of other developmen­ts covered in

this space whose impact will extend beyond the pandemic.

Changes to independen­t contractor law

The California Legislatur­e enacted AB 2257, which repealed and replaced the

AB 5 independen­t contractor law. The core of the former law remained: hiring entities generally must pass a strict ABC test to classify a worker as an independen­t contractor instead of an employee. Under that test, a worker is presumed to be an employee unless the hiring entity can show the worker: (A) works relatively free of the hiring entity’s control;

(B) performs work beyond the “usual course of the hiring entity’s business”; and (C) is engaged in an independen­t trade, occupation, or business similar to the work performed.

But AB 2257 made significan­t changes to the exceptions to the ABC test. For example, the new law expanded the 12-part business-to-business exception to service providers: (1) whose employees solely provide services to the customers of the contractin­g entity under the name of the service provider; and (2) that regularly contract with other businesses.

Separately, in passing Propositio­n 22, California voters created a new kind of independen­t contractor limited to app-based drivers. The law makes those drivers independen­t contractor­s with limited employee-like rights, such as the right to a minimum hourly wage for hours worked.

Applicatio­n of state wage laws to non-California­ns

In two rulings earlier this year, the California Supreme Court held that California wage rules apply

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