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 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
With the resumption of the current legislative session on August 12, 2019, the California Senate Appropriations Committee briefly considered Assembly Bill 5 (AB 5), the legislature’s purported solution to the California...more
8/14/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Pending Legislation ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government
Employers in the Golden State are well aware that last year in Dynamex v. Superior Court the California Supreme Court adopted the ABC test for determining whether workers are employees or independent contractors. ...more
7/25/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Vicarious Liability
On July 10, 2019, the California Senate Labor, Public Employment, and Retirement Committee (Committee) advanced a proposed legislative response to the California Supreme Court's opinion in Dynamex v. Superior Court, which...more
7/16/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Legislative Agendas ,
Misclassification ,
Proposed Legislation ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Every year, there are numerous state laws and local ordinances that take effect after the first of the year — and 2019 is no exception. Indeed, if anything, this year has seen a dramatic surge in the number of measures...more
6/14/2019
/ Breastfeeding ,
COBRA ,
Corporate Counsel ,
Data Security ,
Employee Microchipping ,
Equal Pay ,
Franchises ,
Health Insurance ,
Hiring & Firing ,
Labor Regulations ,
New Legislation ,
Non-Compete Agreements ,
Paid Family Leave Law ,
Salary/Wage History ,
Sexual Harassment ,
Smoking Bans ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations ,
Tip-Pooling ,
Unemployment Insurance ,
Wage and Hour ,
Wage Garnishment ,
Wage Theft
Voters in Oakland, California recently approved ballot "Measure Z," titled the "Oakland Minimum Wage Charter Amendment." The measure imposes new minimum wages and employment standards for some hotel workers, authorizes the...more
The September 30, 2018 deadline has come and gone for Governor Jerry Brown to evaluate the bills passed by the California legislature this year. In his last hurrah, Governor Brown has signed into law a jaw-dropping number of...more
10/2/2018
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Arbitration ,
Breastfeeding ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Employee Rights ,
Employee Training ,
Employment Records ,
Equal Pay ,
Governor Brown ,
Governor Vetoes ,
Human Trafficking ,
Insurance Agents ,
Insurance Brokers ,
New Legislation ,
Paid Family Leave Law ,
Pay Gap ,
Rest and Meal Break ,
Salary/Wage History ,
Sales Commissions ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
September 1, 2018 marked the last day for the California legislature to pass bills and forward them to Governor Jerry Brown (D) for his consideration. Governor Brown has until September 30 to sign, veto, or otherwise decline...more
9/5/2018
/ #MeToo ,
Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Breastfeeding ,
Class Action Arbitration Waivers ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employment Contract ,
FEHA ,
Harassment ,
Hiring & Firing ,
Hostile Environment ,
Joint Employers ,
Legislative Agendas ,
Non-Disclosure Agreement ,
Pending Legislation ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
In the wake of the #MeToo movement, many states have been making concerted efforts to address and prevent sexual harassment through proposed legislation. On July 9, California Governor Jerry Brown signed one of those...more
Every year state laws and local ordinances take effect after the first of the year, and 2018 is no exception. As always, Littler’s Workplace Policy Institute (WPI) has been tracking these developments....more
6/13/2018
/ 529 Plans ,
Arbitration ,
Association Health Plans ,
Ban the Box ,
Corporate Counsel ,
Criminal Background Checks ,
Distracted Driving ,
Franchises ,
Health Insurance ,
Hiring & Firing ,
Local Ordinance ,
Minimum Wage ,
National Origin Discrimination ,
New Legislation ,
Non-Compete Agreements ,
Preemption ,
Salary/Wage History ,
Sexual Harassment ,
Smoking Bans ,
State and Local Government ,
State Data Breach Notification Statutes ,
State Labor Laws ,
Tax Credits ,
Veterans ,
Wage and Hour
As discussed in our prior article, Governor Jerry Brown recently signed several significant labor and employment measures into law in California, including a statewide ban-the-box provision and an expansion of parental leave...more
10/23/2017
/ Disclosure Requirements ,
Gig Economy ,
Governor Vetoes ,
Health Insurance ,
Hiring & Firing ,
Home Health Agencies ,
Independent Contractors ,
Jerry Brown ,
Legislative Agendas ,
Minimum Salary ,
New Legislation ,
Non-Exempt Employees ,
Part-Time Employees ,
Pay Gap ,
Reporting Requirements ,
Single-Payer ,
State and Local Government ,
State Labor Laws ,
Tips ,
Transparency ,
Unions ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules