Colby Law Blog

Aaron Colby Published on Forbes.com about Protections for Restaurant Workers
by Aaron Colby | Mar 1 21 | Articles, Failure to Accommodate, COVID-19
On February 26, 2021, Aaron Colby posted an article on Forbes.com, titled "California Restaurant Workers Get A Needed Boost" about new laws in 2021 protecting employees in California. Click to read the article. ...
New Protections For California Employees in 2021
by Aaron Colby | Feb 26 21 | Blog Posts, Retaliation, Time Off, Harassment, Discrimination, Wrongful Termination, Breaks, COVID-19
California lawmakers and justices continue to protect workers. California continues to lead the nation in protecting employees. Here is a quick summary of a few laws and court decisions effective 2021 that bolster legal protections for California employees. Don't Cut...
Aaron Colby Published in Bloomberg Law about Independent Contractors
by Aaron Colby | Jan 15 21 | Articles, Independent Contractors
On January 14, 2021, Bloomberg Law published three practical guidance documents by Aaron Colby about California's independent contractor laws: Significance of Independent Contractor Status in California; California's AB 2227 Statutory Exemptions; and, California...

Pay Rules And The Pandemic
by Aaron Colby | Dec 21 20 | Blog Posts, Unpaid Wages, Overtime, Hourly or Salary, Expense Reimbursements, Independent Contractors, COVID-19
Workers are facing a new workplace during the COVID-19 pandemic. Whether it be working away from the job site or at work following safety protocols, no one is unaffected. The California Labor Code still protects workers in this new environment. Defining...
Wage-And-Hour Missteps
by Aaron Colby | Dec 19 20 | Blog Posts, Unpaid Wages, Overtime, Hourly or Salary, Breaks, Expense Reimbursements
California companies constantly make mistakes that are illegal under wage-and-hour laws. Even if the mistake is unintentional, the California Labor Code is "strict liability" meaning that employers are still liable. Here are some very common missteps....

Illegal Interview Inquiries
by Aaron Colby | Dec 19 20 | Blog Posts, Discrimination
California state and local legislation sets rules for the employment application and interview process. Even questions that seem harmless may be against the law. Compensation History California employers cannot ask job applicants for their prior salary history...

Aaron Colby Published on Forbes.com about COVID-19 Vaccines and Employees
by Aaron Colby | Dec 19 20 | Articles, Failure to Accommodate, COVID-19
On December 8, 2020, Aaron Colby posted an article on Forbes.com, titled "Get Vaccinated Or Go Home: Not So Simple For Restaurant Workers" about whether employers can require employees to get a COVID-19 vaccination before...

Aaron Colby Published on Forbes.com about Accommodating Disabled Workers
by Aaron Colby | Dec 19 20 | Articles, Failure to Accommodate
On December 4, 2020, Aaron Colby posted an article on Forbes.com, titled "Why Hospitality Has A Hard Time Accommodating" about the interactive process and reasonable accommodations in the restaurant industry. Click the image to read the article.

Aaron Colby Published on Forbes.com about Employee Voting Rights
by Aaron Colby | Dec 19 20 | Articles, Time Off
On October 10, 2020, Aaron Colby posted an article on Forbes.com, titled "Exercising The Right To Time Off To Vote" about laws giving employees time off work to vote. Click the image to read the article.

Aaron Colby Published on Forbes.com about Protecting Food Industry Workers
by Aaron Colby | Dec 19 20 | Articles, COVID-19
On September 21, 2020, Aaron Colby posted an article on Forbes.com, titled "California Protects Food Workers Where The Federal Government Does Not" about state law protections filling the gaps in federal law. Click the image to read the article.

Aaron Colby Published on Forbes.com about Checklist for Working Remotely
by Aaron Colby | Dec 19 20 | Articles, Unpaid Wages, Expense Reimbursements, COVID-19
On August 26, 2020, Aaron Colby posted an article on Forbes.com, titled "Checklist For Remote Work" about legal compliance when shifting from in-office to remote work. Click the image to read the article.

Aaron Colby Published on Forbes.com about Customers Wearing Masks
by Aaron Colby | Dec 19 20 | Articles, COVID-19
On August 17, 2020, Aaron Colby posted an article on Forbes.com, titled "Safety Trumps When Dealing With Customers Who Refuse To Wear Masks" about employee confrontations with customers asserting a legal right to go maskless. Click the image to read the article.

Aaron Colby Published on Forbes.com about Schools Opening During the Pandemic
by Aaron Colby | Dec 19 20 | Articles, COVID-19
On August 3, 2020, Aaron Colby posted an article on Forbes.com, titled "Sending Kids Back To School Too Soon May Keep Working Parents At Home" about the impact of kids returning to school on parents. Click the image to read the article.

Aaron Colby Published on Forbes.com about California’s Reopening Guidelines During the Pandemic
by Aaron Colby | Dec 19 20 | Articles, COVID-19
On July 29, 2020, Aaron Colby posted an article on Forbes.com, titled "California's Playbook For Staying Open" about COVID-19 safety guidelines for California workplaces open during the pandemic. Click the image to read the article.

Aaron Colby Published on Forbes.com about Gig Economy Delivery Drivers During the Pandemic
by Aaron Colby | Dec 19 20 | Articles, Independent Contractors, COVID-19
On July 21, 2020, Aaron Colby posted an article on Forbes.com, titled "Did An Employee Or Independent Contractor Just Deliver Dinner?" about the legal difference between an employee versus independent contractor impacting the gig economy. Click on the link to...

Aaron Colby Published on Forbes.com about Restaurants Operating During the Pandemic
by Aaron Colby | Dec 19 20 | Articles, COVID-19
On July 14, 2020, Aaron Colby posted an article on Forbes.com, titled "Latest Rollback Increases Pressure On Restaurants Trying to Operate" about California's opening and shutting of in-dining to slow the spread of COVID-19. Click the image to read the article.

Aaron Colby Published on Forbes.com about Contact Tracing
by Aaron Colby | Dec 19 20 | Articles, COVID-19
On July 8, 2020, Aaron Colby posted an article on Forbes.com, titled "Dinner With A Side Of Quarantine: Get Ready For Contact Tracing" about contact tracing of customers and employees during the pandemic. Click the image to read the article.

Aaron Colby Published on Forbes.com about Tips During the Pandemic
by Aaron Colby | Dec 19 20 | Articles, Unpaid Wages, COVID-19
On July 6, 2020, Aaron Colby posted an article on Forbes.com, titled "Tipping During The Pandemic" about the conflict between employment laws governing employee tips and restaurants operating during the pandemic. Click the image to read the article.

Aaron Colby Published on Forbes.com about COVID-19 Waivers
by Aaron Colby | Dec 19 20 | Articles, COVID-19
On June 30, 2020, Aaron Colby posted an article on Forbes.com, titled "Waivers Alone Don't Cure COVID-19 Risk For Restaurants" about the limits of waiver agreements on employee claims. Click the image to read the article.

Aaron Colby Published on Forbes.com about Dining Room Restrictions
by Aaron Colby | Dec 19 20 | Articles, COVID-19
On May 13, 2020, Aaron Colby posted an article on Forbes.com, titled "California's County-By-County Approach to Reopening Restaurant Dining Rooms" about the attempt to reopen dining rooms during the pandemic. Click the image to read the article.

Aaron Colby Published on Forbes.com about Workers’ Compensation
by Aaron Colby | Dec 19 20 | Articles, COVID-19
On May 13, 2020, Aaron Colby posted an article on Forbes.com, titled “The Workplace And COVID-19: Workers' Compensation To The Rescue?" about California's emergency workers' compensation changes during the pandemic. Click the image to read the article.

Aaron Colby Published in Law360 about Tips and Service Charges
by Aaron Colby | Dec 19 20 | Articles, Unpaid Wages, Overtime
On November 20, 2019, Law360 published an article co-authored by Aaron Colby, titled "Wage Ruling Clears Up Tip Questions For California Employers" about the difference between tips and services charges under California law. Click the image to read the article.

Aaron Colby Published in Law360 about Paying Cannabis Workers
by Aaron Colby | Dec 19 20 | Articles, Unpaid Wages, Overtime
On September 24, 2019, Law360 published an article by Aaron Colby, titled "10th Circuit Cannabis Ruling Follows Federal Regulation Trend" about federal wage law applying to workers in the cannabis industry. Click the image to read the article.

Aaron Colby Published in Los Angeles Lawyer about Employee Breaks
by Aaron Colby | Dec 19 20 | Articles, Breaks
The Summer 2012 issue of Los Angeles Lawyer magazine features an article co-authored by Aaron Colby, titled "Break Timing" about the California Supreme Court's seminal decision in Brinker laying out meal break requirements under California law. Click the...

Aaron Colby Featured in Restaurant Unstoppable Podcast about Legal Hot Spots
by Aaron Colby | Dec 19 20 | Press, Retaliation, Unpaid Wages, Time Off, Overtime, Harassment, Discrimination, Hourly or Salary, Failure to Accommodate, Wrongful Termination, Breaks, Expense Reimbursements, Privacy
On March 19, 2020, the Restaurant Unstoppable podcast produced an episode about employee legal hot spots. The episode, titled "Aaron Colby on The Top 20 Employee Legal Hot Spots" featured Aaron Colby as a subject matter expert on California employment laws....

Aaron Colby Featured in Restaurant Unstoppable Podcast about Layoffs
by Aaron Colby | Dec 19 20 | Press, Time Off, Wrongful Termination
On March 17, 2020, the Restaurant Unstoppable podcast produced an episode about employee leaves and layoffs. The episode, titled "The Difference Between Unpaid Leave, Furlough, Laid-Off, Reduced Compensation" featured Aaron Colby as a subject matter expert...
Aaron Colby Quoted in The Hollywood Reporter about Overtime for Film Professors
by Aaron Colby | Dec 19 20 | Press, Overtime
On March 4, 2020, The Hollywood Reporter published an article about the impact of new laws on overtime for adjunct professors. The article, titled "'It's Caused a Lot of Havoc': As CA Film Schools Reclassify Part-Time Professors, Wage Lawsuits Ramp Up"...

Aaron Colby Quoted in TechTarget about Independent Contractors
by Aaron Colby | Dec 19 20 | Press, Independent Contractors
On January 23, 2020, TechTarget published an article about legal issues managing gig workers. The article, titled "Critical Tips For Managing Contingent Workers" interviewed Aaron Colby as a subject matter expert on legal issues impacting independent...

Aaron Colby Quoted in Law360 about California Cannabis Policy
by Aaron Colby | Dec 19 20 | Press
On January 1, 2020, Law360 published an article about cannabis policy trends. The article, titled "3 Cannabis Policy Trends To Watch In 2020" interviewed Aaron Colby as a subject matter expert in California cannabis policy. Click the image to read the...

Aaron Colby Quoted in Restaurant Hospitality about Tips and Service Charges
by Aaron Colby | Dec 19 20 | Press, Unpaid Wages, Overtime
On November 15, 2019, Restaurant Hospitality published an article about the difference between gratuities/tips and services charges. The article, titled "When Is A Service Charge Considered A Gratuity?" interviewed Aaron Colby as a subject matter expert on...

Aaron Colby Quoted in The Hollywood Reporter about Independent Contractors
by Aaron Colby | Dec 18 20 | Press, Independent Contractors
On October 17, 2019, The Hollywood Reporter published an article about the impact of California's new independent contractor on freelance writers. The article, titled "'Everybody is Freaking Out': Freelance Writers Scramble to Make Sense of New California...
Aaron Colby Quoted in Restaurant Hospitality about Off-The-Clock Work
by Aaron Colby | Dec 18 20 | Press, Unpaid Wages, Overtime
On October 10, 2018, Restaurant Hospitality published an article about employees working unpaid, off-the-clock. The article, titled "A Closer Look at Off-The-Clock Work" interviewed Aaron Colby as a subject matter expert in California wage-and-hour...

Aaron Colby Quoted in Nation’s Restaurant News about Tip Pooling
by Aaron Colby | Dec 18 20 | Press, Legislation, Unpaid Wages, Overtime
On February 2, 2018, Nation's Restaurant News published an article about tip pooling for restaurant workers. The article, titled "Damaging Data On Tip-Pooling Changes Withheld" interviewed Aaron Colby as a subject matter expert in California wage-and-hour laws...

Aaron Colby Quoted in Restaurant Hospitality about Harassment in the Workplace
by Aaron Colby | Dec 18 20 | Press, Harassment
On December 6, 2017, Restaurant Hospitality published an article about sexual harassment in the hospitality industry. The article, titled "What's the Future of Sexual Harassment at Restaurants?" interviewed Aaron Colby as a subject matter expert in...

Aaron Colby Quoted in Nation’s Restaurant News about Stopping Sexual Harassment
by Aaron Colby | Dec 18 20 | Press, Harassment
On October 27, 2017, Nation's Restaurant News published an article about preventing sexual harassment in the workplace. The article, titled “10 Ways To Prevent Sexual Harassment At Your Restaurant” reported about an event in which Aaron Colby presented as a...
Aaron Colby Published on Forbes.com about Protections for Restaurant Workers
Mar 1 21 | Articles, Failure to Accommodate, COVID-19
On February 26, 2021, Aaron Colby posted an article on Forbes.com, titled...
New Protections For California Employees in 2021
Feb 26 21 | Blog Posts, Retaliation, Time Off, Harassment, Discrimination, Wrongful Termination, Breaks, COVID-19
California lawmakers and justices continue to protect workers. California...
Aaron Colby Published in Bloomberg Law about Independent Contractors
Jan 15 21 | Articles, Independent Contractors
On January 14, 2021, Bloomberg Law published three practical guidance...
Pay Rules And The Pandemic
Dec 21 20 | Blog Posts, Unpaid Wages, Overtime, Hourly or Salary, Expense Reimbursements, Independent Contractors, COVID-19
Workers are facing a new workplace during the COVID-19 pandemic. Whether...
Wage-And-Hour Missteps
Dec 19 20 | Blog Posts, Unpaid Wages, Overtime, Hourly or Salary, Breaks, Expense Reimbursements
California companies constantly make mistakes that are illegal under...
Illegal Interview Inquiries
Dec 19 20 | Blog Posts, Discrimination
California state and local legislation sets rules for the employment...
Aaron Colby Published on Forbes.com about COVID-19 Vaccines and Employees
Dec 19 20 | Articles, Failure to Accommodate, COVID-19
On December 8, 2020, Aaron Colby posted...