California Governor Signs PAGA Reform Legislation https://lnkd.in/ghXN8kZf
California Chamber of Commerce’s Post
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Governor Gavin Newsom and labor and business groups have agreed on PAGA reforms, averting a ballot initiative and introducing measures to reduce frivolous litigation. The deal includes caps on damages, increased worker payouts, and a curb on misuse of the law. The amendments aim to balance worker protections and business interests, with the goal of ensuring fairness and compliance. https://ow.ly/rKSN50Slb5U #LegalNews #PAGA #EmploymentLaw
Deal reached on PAGA reform
dailyjournal.com
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More details of the #PAGA reform legislation, which the legislature will consider as early as this week.
Agreement Reached to Reform Private Attorneys General Act to Create a Better, Fairer System for Workers and Employers
advocacy.calchamber.com
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Check out this new blog post regarding PAGA Reforms in California I wrote with Damien DeLaney!
Is the Wicked Witch Really Dead? California Passes Long Anticipated PAGA Reforms, But Do They Really Help Employers? | HR Defense
https://www.hrdefenseblog.com
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Recognized Defense Litigator For Workplace Class Action Lawsuits. Author & Civil War History Writer. Amateur Golfer.
Here are our takeaways on the new Texas federal court ruling that invalidates Executive Order 14,026 and what it means for employers https://lnkd.in/grr_uWKk
Texas Federal Court Shoots Down Executive Order 14,026
https://blogs.duanemorris.com/classactiondefense
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Construction CPA/accountant, construction tax preparation and tax planning expert at Huddleston Tax CPAs.
10 Local Legislative Issues Small Businesses Should Be Watching https://ow.ly/lBGL50QeXXT
Local and State Business Regulations to Watch - businessnewsdaily.com
businessnewsdaily.com
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My colleague Ashley Sherr with some of the hits and high[?]lights of the Closing Loopholes Bill, that landed yesterday into the House of Reps. We are still getting our heads around some of the proposed changes, but my overall initial comment is "COMPLEXITY". It is certainly going to be interesting to see how small and medium businesses apply the proposed definition of casual employee..... As foreshadowed yesterday, while a lot of the attention has understandably been on the changes discussed below, the text of the Bill confirms the Commonwealth jurisdiction (i.e. Comcare regulated) WHS changes flagged by Minister Burke over the weekend, as well as a few more: - Industrial manslaughter will be introduced to the Commonwealth WHS Act, with maximum penalties of $18 million for Commonwealth departments, Commonwealth agencies/organisations and non-Commonwealth licensees. There are also some interesting corporate criminal liability changes, altering the operation of the Commonwealth Criminal Code in relation to these offences. - Significant increases to other WHS penalties. We already knew of the proposed increases to "category 1" offence penalties from the current $3 million / 5 years' jail to $15 million / 15 years' jail. But what we weren't expecting, was a substantial increase to the more common "category 2" offence penalties, with the maximum penalty increasing to over $2 million for body corporates, significantly higher than all other jurisdictions using the Model Act (and Victoria for similar offences). - New presumptive workers compensation provisions for first responders. The changes will mean first responders (police, fire, paramedic and other emergency service workers) suffering from post traumatic stress disorder will have their employment as a first responder presumed to have contributed to a significant degree to the contraction of the post-traumatic stress disorder, unless the contrary is established. #WHS #safetyprofessionals #commonwealth #comcare Sparke Helmore Lawyers
The Closing Loopholes Bill has arrived! Unsurprisingly, given the nearly 300 pages of content, there is a lot to digest. Some of the highlights to think about as debate over the Bill begins include the following: · The new proposed definitions of casual employee and employee are complex and require an assessment that applies a number of indicia. This will essentially take the assessment back to a form of the old ‘multi – factor test’ which was (in)famous for its unpredictable results and will depart from the certainty on the nature of engagements offered by the High Court’s decisions in Jamsek, Personnel Contracting and Rosatto · A new prohibition on misrepresenting an individual as being a casual employee or dismissing them to re-engage them as a casual employee, which exposes employers to civil penalties for breaches. When operating together with the new definition of casual employee, this creates a genuine risk for employers who seek to engage casual employees but the nature of the relaitonship is ambiguous and therefore could expose the employer to a risk of contravening this new provision. · Union delegates are proposed to have new rights and powers. Most notably, an employer must not unreasonably fail or refuse to deal with a delegate, knowingly or recklessly make a false or misleading representation to them or unreasonably hinder, obstruct or prevent their exercise of rights. These powers will provide a new landscape for delegates to act in the workplace and create a new set of landmines for employers to navigate. · The penalties for underpayments will be significantly increased and a criminal offence of wage theft will be introduced for the most serious instances of underpayment. Interestingly, wage theft will be an offence triable in the Federal Court, a rarity for criminal offences, and will be an indictable offence that must be determined by a jury. · ‘Employee – like’ protections will be extended to a number of gig – economy workers as well as workers in the road transport industry and the Fair Work Commission will have the power to set a number of standards and regulations for both groups. If passed, this would mark one of the most fundamental changes to the industrial relations landscape since the Fair Work Act was first introduced. There are many more changes still to unpack and it will be very interesting to see how things unfold!
Fair Work Legislation Amendment (Closing Loopholes) Bill 2023
aph.gov.au
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Yesterday the first parts of the Closing Loopholes Bill were passed by parliament and will shortly become law. Our article summarises the measures passed and those which will remain subject to further debate and the current Senate inquiry ... #closingloopholes #employmentlaw
Parts of the Government’s IR reform package pass parliament - KWM
kwm.com
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10 Local Legislative Issues Small Businesses Should Be Watching https://ow.ly/iAyz50QeXXO
Local and State Business Regulations to Watch - businessnewsdaily.com
businessnewsdaily.com
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The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 received Royal Assent on 14 December 2023. As a result some parts of the Closing Loopholes reforms have now become law: - the new regulated labour hire arrangement jurisdiction (with orders to commence operation from 1 November 2024) - changes to workplace delegates’ rights provisions - new protections for those subject to family and domestic violence - small business redundancy exemption changes - amendments to compulsory conciliation conferences in protected action ballot order matters
Yesterday the first parts of the Closing Loopholes Bill were passed by parliament and will shortly become law. Our article summarises the measures passed and those which will remain subject to further debate and the current Senate inquiry ... #closingloopholes #employmentlaw
Parts of the Government’s IR reform package pass parliament - KWM
kwm.com
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A succinct summary by my colleague Ashley Sherr on some of the highlights in the Closing Loopholes Bill. The proposed definitions for ‘employee’ and ‘casual employee’ require close attention, and it will be interesting how they are to be practically applied in the future. Many judges in the past commented on the difficulty of applying the various indicia when trying to identify the true character of a work relationship. #employmentlaw #workplacelaw #workplacerelations #employeerelations
The Closing Loopholes Bill has arrived! Unsurprisingly, given the nearly 300 pages of content, there is a lot to digest. Some of the highlights to think about as debate over the Bill begins include the following: · The new proposed definitions of casual employee and employee are complex and require an assessment that applies a number of indicia. This will essentially take the assessment back to a form of the old ‘multi – factor test’ which was (in)famous for its unpredictable results and will depart from the certainty on the nature of engagements offered by the High Court’s decisions in Jamsek, Personnel Contracting and Rosatto · A new prohibition on misrepresenting an individual as being a casual employee or dismissing them to re-engage them as a casual employee, which exposes employers to civil penalties for breaches. When operating together with the new definition of casual employee, this creates a genuine risk for employers who seek to engage casual employees but the nature of the relaitonship is ambiguous and therefore could expose the employer to a risk of contravening this new provision. · Union delegates are proposed to have new rights and powers. Most notably, an employer must not unreasonably fail or refuse to deal with a delegate, knowingly or recklessly make a false or misleading representation to them or unreasonably hinder, obstruct or prevent their exercise of rights. These powers will provide a new landscape for delegates to act in the workplace and create a new set of landmines for employers to navigate. · The penalties for underpayments will be significantly increased and a criminal offence of wage theft will be introduced for the most serious instances of underpayment. Interestingly, wage theft will be an offence triable in the Federal Court, a rarity for criminal offences, and will be an indictable offence that must be determined by a jury. · ‘Employee – like’ protections will be extended to a number of gig – economy workers as well as workers in the road transport industry and the Fair Work Commission will have the power to set a number of standards and regulations for both groups. If passed, this would mark one of the most fundamental changes to the industrial relations landscape since the Fair Work Act was first introduced. There are many more changes still to unpack and it will be very interesting to see how things unfold!
Fair Work Legislation Amendment (Closing Loopholes) Bill 2023
aph.gov.au
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