- Written by Rebecca A. Hause-Schultz and Adrian Hoppes
Court Re-Emphasizes Importance of Going and Coming Rule
By: Rebecca A. Hause-Schultz
The “going and coming” rule says that an employee is generally not acting within the scope of employment when going to or coming from the employee’s regular place of work. In a recent case, Plaintiffs argued that an employer was responsible for an employee’s accident because the employer knew or ought to have known that the employee’s workers’ compensation related back injury and medications prescribed to him because of the back injury made him a “dangerous commuter.” You can read the case here.
The court said Plaintiffs’ “dangerous commuter” argument ignored that the employee’s physician approved of his return to work and did not place any driving restrictions on him. The court said that the “going and coming” rule was created for exactly this circumstance, and said Plaintiffs could not continue their case against the employer.
- Written by Manuel E. Ignacio
The New Year brings with it some noteworthy new laws for 2020. The following are reminders on several new laws that all California employers should be aware of.
AB 5: Employees and Independent Contractors.
Effective January 1, 2020, Assembly Bill 5 codified the Dynamex decision regarding whether an individual is an employee or an independent contractor. Under the so-called “ABC Test,” workers in California are considered employees, rather than independent contractors, unless a business can show that the worker is (a) free from its supervision, (b) performs work that is outside the usual course or place of business, and (c) works in an independently established trade, occupation, or business of the same nature.