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. 

Lauren Teukolsky was formally inducted as a Fellow of the College of Labor and Employment Lawyers (CLEL) over the weekend at the organization’s Annual Induction Dinner in Seattle, Washington. Ms. Teukolsky’s induction comes after being elected a CLEL fellow in 2022.

CLEL consists of the most accomplished members of the American labor and employment law community. The College was established in 1995 as a non-profit professional association honoring the leading labor and employment lawyers nationwide but has since expanded its function to serve as an educational and professional resource for lawyers, law students, labor unions, advocacy groups, and the general public. According to the College, its purpose is “to promote achievement, advancement, and excellence in the practice of labor and employment law.” 

The process of becoming a CLEL Fellow is rigorous. Potential Fellows must first be nominated by two current Fellows in good standing. Nominees are then reviewed and evaluated by Circuit Credentials Committees and the Board of Governors. Only those who have met CLEL’s qualifications for at least 20 years are eligible for election.
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To learn more about CLEL, click here. To learn more about Ms. Teukolsky, her firm, and her decades-long commitment to California’s workers, click here. 

Lauren Teukolsky’s “Wage and Hour Case Notes” were published in the November 2023 edition of the California Labor and Employment Law Review. Ms. Teukolsky’s column describes seven new decisions from California and federal appellate courts that affect wage-and-hour law. Among the cases are significant rulings regarding reimbursements for pandemic era work-from-home expenses, arbitration exemptions for transportation workers, time entry rounding, and one of the first appellate applications of Adolph v. Uber, among other topics.

Wage-and-hour law is an ever-changing field with new appellate decisions that often reshape the legal landscape. Ms. Teukolsky has navigated those appellate decisions for over 20 years and is an expert in both state and federal wage-and-hour law. She speaks frequently on wage-and-hour topics at national and state conferences and is regularly quoted by media outlets for her insights on the topic.

The California Lawyers Association (CLA) is a voluntary statewide bar association. Its mission is to “promote excellence, diversity and inclusion in the legal profession and fairness in access to justice and the rule of law.” Ms. Teukolsky’s “Wage and Hour Case Notes” are published on a quarterly basis by CLA’s Labor and Employment Law Section.

To read Ms. Teukolsky’s article in its entirety, click here. If you would like to speak with Ms. Teukolsky about a wage-and-hour matter, click here. 

Lauren Teukolsky will speak on an October 26th panel at the California Lawyers Association’s (CLA) 13th Annual Advanced Wage and Hour Conference. The panel will explore the effects of Viking River Cruises and Adolph v Uber on the legal landscape, particularly with respect to wage-and-hour arbitrations. Ms. Teukolsky will represent the plaintiff’s perspective while co-panelist Jason Kearnaghan, a partner at Sheppard Mullin, will represent the defendant’s views.

The two panelists will explain how to draft and attack arbitration agreements, how to arbitrate individual PAGA claims, and the upsides and downsides of wage-and-hour arbitration for plaintiffs and defendants, among other topics.

Ms. Teukolsky regularly discusses the latest employment law developments at conferences and panels. In September and October, Ms. Teukolsky shared insights on Viking River Cruises and Adolph v Uber for a trio of talks hosted by the Alameda County Bar Association, the Beverly Hills Bar Association, and the California Lawyers Association. Her commentary on the two cases has also been featured in articles by the Daily Journal, Bloomberg Law and Law.com.

CLA is a nonprofit, voluntary bar association serving thousands of licensed attorneys throughout California. Its Labor and Employment Law Section serves as a networking and educational forum for California’s labor and employment lawyers and non-lawyers with an interest in the field. 
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To register for CLA’s 13th Annual Advanced Wage and Hour Conference, click here. For more information about Teukolsky Law, click here. 

Last Saturday was the deadline for California Governor Gavin Newsom to either sign or veto the roughly 1,000 bills that made it to his desk. Below is a recap of some of the most notable employment bills that the Governor signed or vetoed.

Higher Minimum Wages
Governor Newsom signed a pair of bills, AB 1228 and SB 525, that set higher minimum wages for workers in the fast food and healthcare industries. Under AB 1228, fast-wood workers’ minimum wage will be bumped to $20 an hour in April. Hundreds of thousands of healthcare workers in the state will see their minimum wage eventually increased to $25 an hour under SB 525.

Employers Lose a Delay Tactic
SB 365 allows employment lawsuit proceedings to move forward, rather than pause, when defendants appeal orders denying a request to compel arbitration. Governor Newsom signed the bill, effectively undercutting a tactic that sometimes-allowed employers to delay cases for years at a time.

More Paid Sick Days
Starting next year, California’s workers will be entitled to at least five days of paid sick leave, up from the current minimum of three days, as a result of Governor Newsom signing  SB 616.

Family Caregiver bill Nixed
In a defeat for employees, the Governor vetoed AB 524, a bill that would have added “family caregiver status” to the list of protected characteristics that employers cannot consider when making employment decisions such as hiring and firing.

No Unemployment Benefits while on Strike
SB 799 would have allowed  workers to collect unemployment insurance benefits while on strike. Governor Newsom vetoed the bill, citing the multi-billion-dollar debt that California’s unemployment insurance program incurred to keep benefits flowing during the pandemic.
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To see what other important employment bills were signed and vetoed by the Governor, click here. 

Lauren Teukolsky was quoted in a Thursday Law360 article on California’s newest U.S. senator, Laphonza Butler. Butler was appointed by Governor Gavin Newsom and sworn in earlier this month to fill the seat of Dianne Feinstein, who passed away after representing California on Capitol Hill for over three decades. The Law 360 article discusses Senator Butler’s background, and her mixed experience regarding workers’ rights.

Butler’s greatest achievement for California’s workers came during her time as president of SEIU (Service Employees International Union) Local 2015, where she helped with the “fight for $15,” a movement that led to 2016 California legislation that eventually increased the state’s minimum wage to $15 an hour. Afterwards, however, Butler joined the private sector and worked for Uber, a company that has gone to great lengths to avoid having to classify its drivers as employees.

The corporate background has led to some concerns regarding Butler’s commitment to workers. In Law360’s article, Ms. Teukolsky expressed cautious optimism about Butler:

“’Her time working in corporate America was relatively brief, if you look at the entirety of her career,’ Teukolsky said. ‘She does seem to be progressive and have workers' rights at the forefront, and hopefully whatever time she spent working for Uber was an aberration or a blip.’”
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To read the Law360 article in its entirety, click here. To learn more about Lauren Teukolsky and Teukolsky Law, click here.