2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through...more
2/1/2024
/ Arbitration Agreements ,
Artificial Intelligence ,
California ,
Department of Labor (DOL) ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
New Legislation ,
New York ,
NLRB ,
Non-Compete Agreements ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Technology ,
Wage and Hour
Once a startup has properly classified its worker, it should document its relationship with the worker in order to clearly identify the classification, compensation and benefits (e.g., base salary, bonus, commissions, equity,...more
An important part of hiring employees is deciding how to compensate them. Because of limited capital, startups often implement equity-only compensation or deferred compensation arrangements in lieu of regular salaries....more
Hiring workers is an important step for startups. Startups engage two main types of workers—employees and independent contractors. It can be difficult to determine the proper classification of a worker, especially since both...more
On July 14, 2023, California Attorney General Rob Bonta announced an “investigative sweep” through inquiry letters sent to large California employers. The sweep seeks information on companies’ compliance with the California...more
7/24/2023
/ Board of Directors ,
Business Ownership ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Covered Business ,
Covered Employer ,
Employees ,
Employer Liability Issues ,
Healthcare Workers ,
Independent Contractors ,
Job Applicants ,
Personal Information ,
Privacy Policy ,
Regulatory Requirements
U.S. Department of Labor Publishes Proposed Rule on Independent Contractor Classification Under the Fair Labor Standards Act -
On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule updating the...more
10/25/2022
/ Arbitration ,
California ,
Cannabis Products ,
Coronavirus/COVID-19 ,
Data Reporting ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Job Ads ,
Marijuana ,
New York ,
Notice Requirements ,
Off-The-Clock ,
Paid Leave ,
Pay Transparency ,
Popular ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour
Governor Gavin Newsom recently signed a slew of new bills into law at the close of California’s legislative season. Below is a summary of the new employment laws, all of which take effect on January 1, 2022....more
11/10/2021
/ California ,
California Family Rights Act (CFRA) ,
Classification ,
Employee Retention ,
Employees ,
Employer Liability Issues ,
Enforcement ,
Governor Newsom ,
Independent Contractors ,
Legislative Agendas ,
New Legislation ,
Non-Disclosure Agreement ,
State and Local Government ,
State Labor Laws ,
State Legislatures ,
Wage Theft ,
Workplace Safety
In connection with Santa Clara County’s move into California’s yellow COVID-19 tier, the state’s lowest pandemic restriction level under its tier system, the county’s health officer updated its Health Order, effective May 19,...more
5/24/2021
/ Business Entities ,
California ,
Compliance ,
Contractors ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Independent Contractors ,
Local Ordinance ,
Masks ,
New Regulations ,
Re-Opening Guidelines ,
Required Documentation ,
State and Local Government ,
Subcontractors ,
Vaccinations ,
Vaccine Passports
The California Supreme Court held on January 14, 2021, that its landmark Dynamex decision, which established a rigid standard under California law for companies to classify workers as independent contractors, and later was...more
1/21/2021
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Freelance Workers ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Retroactive Application ,
State and Local Government ,
State Labor Laws
California Significantly Expands Family Rights Act -
California Governor Gavin Newsom recently signed into law SB 1383, which significantly expands the coverage and scope of the California Family Rights Act (CFRA). CFRA,...more
10/21/2020
/ California Family Rights Act (CFRA) ,
Classification ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Equity ,
Executive Orders ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Contractors ,
Governor Newsom ,
Independent Contractors ,
Non-Compete Agreements ,
Parental Leave ,
Pay Data ,
Proposed Rules ,
Reporting Requirements ,
Sick Leave ,
Small Business ,
Training ,
Trump Administration ,
Workplace Outbreaks
Arbitration Agreements: Potential for a Reprieve from AB 51 -
As we reported last year, the California Legislature passed AB 51 in an effort to prohibit employers from requiring employees to arbitrate claims under the...more
2/25/2020
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Independent Contractors ,
New Legislation ,
Preliminary Injunctions ,
Security Checks ,
State Labor Laws ,
Wage and Hour
In 2019, we published analysis to help tech and life sciences companies navigate U.S. tax law changes, an evolving IP landscape and new privacy regulations such as the California Consumer Privacy Act. We also tracked venture...more
1/8/2020
/ ABC Test ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Convertible Debt ,
Corporate Governance ,
Data Privacy ,
Debt Financing ,
Direct Listing ,
Diversity ,
Emerging Technology Companies ,
Employer Liability Issues ,
Foreign Tax Credits ,
Hiring & Firing ,
Independent Contractors ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Internal Revenue Code (IRC) ,
IRS ,
Life Sciences ,
Misclassification ,
New Guidance ,
Pharmaceutical Industry ,
Privacy Laws ,
Proposed Regulation ,
Proxy Season ,
Silicon Valley ,
Startups ,
Tax Credits ,
Tax Cuts and Jobs Act ,
Venture Capital ,
Withholding Tax ,
Woman Board Members
California Governor Gavin Newsom on Sept. 18 signed into law Assembly Bill 5, landmark legislation which codifies, and significantly expands, the reach of the California Supreme Court’s restrictive “ABC” test for determining...more
9/19/2019
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Wage and Hour
Is My New Hire an Employee or a Contractor? Key Factors for Startups to Consider
Employee or contractor? It can be a confusing question that startups often grapple with, or ignore, as they grow. In this video, Fenwick...more
The California Supreme Court issued a landmark decision in Dynamex Operations West v. Superior Court of Los Angeles, imposing a simplified but more burdensome test that businesses must satisfy to justify contractor status,...more
5/9/2018
/ ABC Test ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Former Employee ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Wage and Hour ,
Wage Orders
In a long-awaited decision, a San Francisco federal judge ruled that GrubHub properly classified a delivery driver as an independent contractor. The Feb. 8 ruling sheds meaningful light on the prominent and heavily-litigated...more
2/23/2018
/ Class Action ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
Multi-Factor Test ,
Right to Control ,
Unpaid Overtime
California Legislative and Agency Update -
Read about the latest California cities to increase hourly minimum wages, newly expanded transgender protections, criminal background check limitations and other changes in...more
8/18/2017
/ Breastfeeding ,
Day of Rest Laws ,
Department of Labor (DOL) ,
DFEH ,
Domestic Violence ,
Employment Litigation ,
FEHA ,
Freelance Isn't Free Act (FIFA) ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Legislative Agendas ,
LGBTQ ,
Local Ordinance ,
Minimum Wage ,
New Legislation ,
Paid Family Leave Law ,
Private Attorneys General Act (PAGA) ,
Transgender ,
Wage and Hour ,
Workplace Harassment Guidance
Legislative Update -
Governor Brown recently signed into state law the following employment law bills (among others):
SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more
10/26/2015
/ Anti-Retaliation Provisions ,
Arbitration ,
Arbitration Agreements ,
AT&T Mobility v Concepcion ,
Background Checks ,
Chipotle Grill ,
Class Action ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employment Application ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Credit Reporting Act (FCRA) ,
Fair Pay Act ,
Federal Arbitration Act ,
Gender Discrimination ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Governor Brown ,
Governor Vetoes ,
Hiring & Firing ,
Independent Contractors ,
Job Applicants ,
Labor Code ,
Misclassification ,
Motion to Compel ,
New Legislation ,
Over-Time ,
Preemption ,
Private Attorneys General Act (PAGA) ,
Reasonable Accommodation ,
Remand ,
Retaliation ,
SCOTUS ,
Substantially Similar ,
Title VII ,
Transgender ,
Void and Unenforceable ,
Wage and Hour ,
Wage Statements ,
Waivers ,
Whistleblower Protection Policies ,
Whistleblowers ,
Wrongful Termination
New Amendments Clarify California Paid Sick Leave -
This month, the California Legislature enacted AB 304, an urgency measure that became effective on July 13 and provides much needed clarity on various aspects of...more
7/28/2015
/ Accrued Benefits ,
Administrative Interpretation ,
Credit Checks ,
Department of Labor (DOL) ,
DLSE ,
Employee Rights ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Healthy Workplaces Healthy Families Act 2014 ,
Hiring & Firing ,
Independent Contractors ,
Minimum Wage ,
Paid Leave ,
Primary Beneficiary Test ,
Sick Leave ,
Unpaid Interns ,
Wage and Hour ,
White-Collar Exemptions
Recent Cases Provide Helpful Reminders Regarding Best Practices (and Pitfalls) with Employment Arbitration Clauses -
Scrutiny of mandatory, pre-employment arbitration agreements continues before California state and...more