Hot off the press – here is Littler’s mid-year report! As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more
6/21/2024
/ 401k ,
Child Labor ,
Compensation & Benefits ,
Corporate Counsel ,
Data Protection ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Rights ,
Employer Group Health Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Policies ,
Employment Tax ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Legislative Agendas ,
Minimum Salary ,
New Legislation ,
Non-Compete Agreements ,
Notice Requirements ,
Occupational Exposure ,
OSHA ,
Over-Time ,
Popular ,
Pregnant Workers Fairness Act ,
Proposed Legislation ,
Reasonable Accommodation ,
Regulatory Agenda ,
Retirement Plan ,
Salaried Employees ,
State Labor Laws ,
State Legislatures ,
Threshold Requirements ,
Wage and Hour ,
Warehouses ,
White-Collar Exemptions ,
Workers’ Compensation ,
Workplace Safety
2021 saw state and local legislatures shifting their focus away from COVID-19 measures back to traditional employment law matters. Although two states and the District of Columbia have COVID-19 related legislation going into...more
11/12/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Employee Benefits ,
Employer Liability Issues ,
Human Trafficking ,
Independent Contractors ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
New Legislation ,
Retirement Plan ,
State Labor Laws ,
Tips ,
Wage and Hour
California is at it again – adopting a host of new labor and employment laws that will further regulate and complicate business operations in the Golden State. Littler’s Workplace Policy Institute has been tracking these...more
10/12/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Governor Vetoes ,
Independent Contractors ,
Infectious Diseases ,
Labor Regulations ,
Minimum Wage ,
Popular ,
Regulatory Requirements ,
Severance Pay ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Workplace Safety
The pandemic seems not to have slowed down state and local lawmakers. Indeed, over 100 new labor and employment laws and ordinances are scheduled to take effect between July 1, 2021 and November 1, 2021. Notably, while some...more
6/9/2021
/ Ban the Box ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Gig Economy ,
Hazard Pay ,
Independent Contractors ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Layoffs ,
Masks ,
Pregnancy Discrimination ,
Vaccine Passports ,
Wage and Hour ,
WARN Act ,
Workplace Safety
On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior...more
1/19/2021
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
As employers continue to grapple with the ever-changing legal landscape of COVID-era regulations, 2021 will bring changes to the traditional realm of employment law in dozens of jurisdictions. Compared to prior years, there...more
11/10/2020
/ Child Abuse ,
Corporate Counsel ,
Employee Privacy Rights ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Paid Time Off (PTO) ,
Payroll Taxes ,
Personal Protective Equipment ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws ,
Unemployment ,
Wage and Hour ,
Whistleblower Protection Policies
Of the over 100 different ballot initiatives under consideration across the United States in the recent election, California’s Proposition 22 stands alone. The measure was perhaps the most significant initiative voters...more
The COVID-19 pandemic resulted in the closure of the California Legislature for long stretches of time this year. The work of the body continued on, however, and at the end of the session it passed the usual flurry of labor...more
10/2/2020
/ ABC Test ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Flexible Work Arrangements ,
Gig Economy ,
Independent Contractors ,
Infectious Diseases ,
New Legislation ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Unemployment
As business owners and members of the labor and employment law community know all too well, California’s AB 5 went into effect on January 1 of this year. The law imposed the “ABC test” for determining whether a worker should...more
10/1/2020
/ ABC Test ,
Borello Test ,
Employee Definition ,
Employer Liability Issues ,
Exemptions ,
Gig Economy ,
Governor Newsom ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Newspapers ,
State Labor Laws ,
Wage and Hour
AB 5, California’s sweeping and landmark independent contractor law, became effective on January 1, 2020. By January 6, bills were already being introduced to amend the law. At one time, more than 30 such bills were...more
Since its enactment last fall, California’s AB 5—legislation adopting the so-called “ABC test” for purposes of determining whether a worker is an independent contractor or statutory employee—has dominated not only the legal...more
3/10/2020
/ ABC Test ,
Corporate Counsel ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Popular ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Seeking to tighten worker misclassification enforcement in New Jersey, on January 20, 2020, Governor Phil Murphy signed into law a package of legislation to add misclassification penalties, allow stop-work orders against...more
1/29/2020
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Franchises ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Information Sharing ,
Joint Liability ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Penalties ,
Posting Requirements ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Stop Work Orders ,
Wage and Hour
The battle over the scope and applicability of the so-called “ABC test” in determining California employers’ potential liability under wage and hour and other state labor laws continues unabated....more
1/24/2020
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Labor Laws ,
Franchises ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On Wednesday, January 15, 2020, the California Supreme Court agreed to review a second case raising questions as to the scope and retroactivity of its landmark 2018 Dynamex decision....more
1/22/2020
/ ABC Test ,
CA Supreme Court ,
Corporate Counsel ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Petition for Review ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On January 2, 2020, the Attorney General for the State of California released the title and summary of Initiative 19-0026—a proposed ballot measure that would overturn the state’s recently enacted independent contractor law,...more
1/6/2020
/ ABC Test ,
Ballot Measures ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Exempt-Employees ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Regulatory Agenda ,
Ridesharing ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The fight over the scope of the “ABC test” for determining the status of workers under California state law continues unabated. A series of court filings last week suggests that state and local officials may be gearing up to...more
11/19/2019
/ ABC Test ,
Appeals ,
Corporate Counsel ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Enforcement Actions ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Strategic Enforcement Plan ,
Wage and Hour
In the wake of California’s enactment of Assembly Bill (AB) 5—legislation that threatens to reclassify 2 million California independent contractors as “employees” under California labor and employment laws—legal questions...more
10/31/2019
/ ABC Test ,
Corporate Counsel ,
Dominos ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
McDonalds ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Businesses with operations in California have begun to identify options and implement strategies for compliance with Assembly Bill (AB) 5, which imposes the ABC test for identifying whether a worker is an independent...more
10/30/2019
/ 1099s ,
ABC Test ,
Corporate Counsel ,
Corporate Restructuring ,
Employee Definition ,
Employer Liability Issues ,
Employment Tax ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Income Taxes ,
Independent Contractors ,
IRS ,
Labor Regulations ,
Misclassification ,
Out-of-State Employees ,
Retroactive Application ,
Safe Harbors ,
State and Local Government ,
State Labor Laws ,
Tax Rates ,
Wage and Hour
With the usual flurry of activity at the end of the legislative session, California has enacted a slew of bills with labor and employment ramifications....more
10/14/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Apprenticeships ,
Arbitration ,
Bias ,
Employee Benefits ,
Employee Definition ,
Employee Privacy Rights ,
Entertainment Industry ,
Health Insurance ,
Healthcare ,
Independent Contractors ,
Labor Regulations ,
Lactation Accommodation ,
Leave of Absence ,
New Legislation ,
Printed Publications ,
Settlement Agreements ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
As employers in the Golden State attempt to prepare for the brave new world—courtesy of AB 5—that will greet them on New Year’s Day, federal and state courts in California continue to grapple with the scope and purpose of the...more
10/14/2019
/ ABC Test ,
Dynamex ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws
On September 24, 2019, the U.S. Court of Appeals for the Ninth Circuit certified to the Supreme Court of California the question of whether that court’s landmark 2018 decision in Dynamex v. Superior Court should be applied...more
9/26/2019
/ ABC Test ,
Appeals ,
CA Supreme Court ,
Corporate Counsel ,
Due Process ,
Dynamex ,
Employer Liability Issues ,
Franchises ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
New Legislation ,
Question of Law ,
Retroactive Application ,
State Labor Laws
On September 18, 2019, California Governor Gavin Newsom signed Assembly Bill 5 (AB 5), a bill that will dramatically alter whether, and under what circumstances, businesses may classify workers as independent contractors...more
9/24/2019
/ ABC Test ,
Corporate Counsel ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Popular ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On September 18, 2019, California Governor Gavin Newsom signed into law sweeping legislation—Assembly Bill 5 (A.B. 5)—that will dramatically reshape the contours of California’s workforce and economy, and potentially...more
9/19/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
This article is an update to prior publications from Littler’s Workplace Policy Institute regarding Assembly Bill 5 (AB 5), passed by the California legislature on September 11, 2019.
On September 11, 2019,1 the California...more
9/16/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Pending Legislation ,
Regulatory Agenda ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
This article is an update to prior publications from Littler’s Workplace Policy Institute regarding Assembly Bill 5 (AB 5), currently pending in the California legislature.
On August 30, 2019, the California Senate...more
9/3/2019
/ Appropriations Bill ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Retroactive Application ,
State and Local Government