Legal Dive quoted Lauren Teukolsky last week in an article discussing the Department of Labor’s (DOL) new independent contractor rule. The long-awaited rule was released on January 9th and replaces the DOL’s Trump-era guidance as to employee and independent contractor classification.

The issue of classification has become especially important over the past five to ten years as the American “gig economy” has taken off. With the rise of companies such as Uber and DoorDash, more employers are utilizing workforces that consist of independent contractors. From employers’ perspectives, the development is positive, as it allows them to avoid expenses associated with employees, such as worker’s comp insurance. For employees, however, failure by their employers to properly classify them as employees frequently means a denial of basic workplace rights such as minimum wage, overtime, and paid leave.

The DOL’s new rule seeks to reduce the risk that employees are misclassified as independent contractors by instituting provisions it believes are more consistent with judicial precedent than those previously put in place during the Trump administration. Legal Dive’s article begins with commentary from Ms. Teukolsky on how corporations may need to navigate the new rule, which is set to go into effect on March 11:

 “’You need to assume that most of your workers are employees, unless it’s pretty clear that they’re not, and not the other way around,’ said Lauren Teukolsky, who represents workers at Teukolsky Law. ‘It’s definitely the safest course.’”

Ms. Teukolsky also commented that the Trump-era rule deviated from longstanding employment-law principles, and the DOL’s new rule represents a return to the well-established legal principles that existed for decades. 
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To read Legal Dive’s article in its entirety, click here. To learn more about Ms. Teukolsky and Teukolsky Law, click here. 

On Wednesday January 31, Lauren Teukolsky will appear as a panelist on a California Employment Lawyers Association (CELA) roundtable discussing PAGA cases in the aftermath of Adolph v. Uber Technologies, Inc. Ms. Teukolsky will be joined by co-panelist Adrianne De Castro, a Senior Associate at Desai Law Firm, P.C., and a member of the litigation team in Adolph v. Uber.

The pair’s roundtable will address how courts are handling employer requests to stay PAGA claims pending individual arbitration, and recent appellate court rulings and trial court orders illustrating how courts have dealt with PAGA since the landmark decisions Viking River Cruises, Inc. v. Moriana and Adolph v Uber. Ms. Teukolsky and Ms. De Castro will also discuss how to oppose motions to compel arbitration of PAGA claims, poison pill provisions in arbitration agreements, and issue preclusion, among other topics.

Ms. Teukolsky is an expert in employment law and regularly appears on panels to discuss the latest developments in the field. Most recently, Ms. Teukolsky spoke about Viking River Cruises and Adolph v. Uber at two talks presented by the California Lawyers Association (CLA).

CELA is a statewide organization of 1,200 California attorneys who devote the majority of their practices to representing employees in individual employment cases and class actions. CELA works to protect and expand the legal rights of workers through litigation, education, and advocacy. 
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To register for CELA’s Adolph v. Uber Roundtable, click here. To learn more about Ms. Teukolsky and her firm, click here. 

Lauren Teukolsky was recently selected to the 2024 Top 100 Southern California Super Lawyers list and the 2024 Top 50 Women Southern California Super Lawyers list. The selections were made by Super Lawyers, a rating service that recognizes “outstanding lawyers who have attained a high-degree of peer recognition and professional achievement.”

This year’s lists mark Ms. Teukolsky’s twelfth consecutive selection by Super Lawyers, a streak that began in 2013.  Before that, she was selected as a Super Lawyers Rising Star from 2004 to 2010.

The Super Lawyers selection process involves a multiphase process that includes a statewide survey of lawyers, an independent evaluation of candidates, and peer reviews by practice area. The objective of the selection process is to create a comprehensive and diverse listing of exceptional attorneys. The top 5% of attorneys are selected to Super Lawyers lists each year.

Ms. Teukolsky has successfully represented and advocated for California’s workers for over two decades. Her work and commentary regularly appear in news publications that cover the latest developments in employment law.
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To learn more about Ms. Teukolsky, click here. If you believe you have been wrongfully terminated, harassed, or suffered from other unlawful workplace practices, click here to get in touch with our office.  

2023 was a big year for California’s state legislature. From crime and healthcare to housing and schools, California’s legislators passed a bevy of new laws, including many that will significantly impact workers. Though some of these laws won’t be effective for a few more months, many have already taken effect. We discuss the most significant ones below.

Crackdown Against Noncompete Agreements
California has long been a leader in the fight against noncompete agreements, which restrain worker mobility and suppress wages. With the passage of SB 699, however, the state has taken its fight to another level, making most noncompete agreements unenforceable “regardless of where and when the contract was signed” and “regardless of whether the contract was signed and the employment was maintained outside of California.”

In practice, this means that out-of-state companies intending to enforce noncompete agreements against employees or former employees seeking work in California will be unable to do so, barring some exceptions.

Unpaid Leave for Reproductive Losses
SB 848 allows California’s workers to take up to five days of unpaid leave following a “reproductive loss event.” The law defines such events as “the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.” The law also prohibits employers from retaliating against employees for taking reproductive loss leave.

More Paid Sick Leave
Due to the passage of SB 616, California’s workers now have the right to accrue and use up to five days (or 40 hours) of paid sick leave. The state’s workers were previously guaranteed a minimum of three paid sick leave days.

Protections for Cannabis Users
AB 2188 was actually passed after the 2022 legislative session but did not take effect until this month. The law prohibits employers from discriminating against individuals on the basis of cannabis use “off the job and away from the workplace,” with some exceptions.

Similarly, a law from this past legislative session, SB 700, prohibits employers from requesting information from job applicants about their prior use of cannabis. The law also prohibits employers from using information obtained from an applicant’s criminal history about their prior cannabis use, with some exceptions. 

For more on the latest developments in employment law, visit our blog here. If you believe your employer may have violated workplace laws, click here to get in touch with our office.