The U.S. Department of Labor (DOL) announced on Jan. 9, 2024, the issuance of its final rule regarding whether a worker is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA). The new...more
1/10/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
Trump Administration ,
Wage and Hour
The California Legislature has enacted several new laws that will impact the workplace in 2024. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2024, unless stated...more
1/2/2024
/ Arbitration ,
Automatic Stay ,
Bereavement Leave ,
Exempt-Employees ,
FEHA ,
Governor Newsom ,
Marijuana ,
Minimum Wage ,
New Legislation ,
Non-Compete Agreements ,
Off-Duty Employees ,
Paid Sick Leave ,
Popular ,
Rebuttable Presumptions ,
Recreational Use ,
Retaliation ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Workplace Violence Prevention Programs
For decades, California has taken arguably the most pro-employee-mobility position on noncompetition and non-solicitation agreements in the country – generally, post-employment noncompetition and non-solicitation agreements...more
10/5/2023
/ Business & Professions Code ,
CA Supreme Court ,
Contract Terms ,
Cross-Border ,
Employer Liability Issues ,
Employment Contract ,
Non-Compete Agreements ,
Public Policy ,
Restraint of Trade ,
Restrictive Covenants ,
State Labor Laws ,
Unenforceable Contract Terms
Most California employers are required submit Pay Data Reports (PDR) to the California Rights Department (CRD) on an annual basis, with Senate Bill (SB) 1162 modifying the existing pay data reporting law, SB 973, by requiring...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
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3/6/2023
/ China ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Joint Venture ,
Made in the USA ,
Mexico ,
Non-Compete Agreements ,
Real Estate Investments ,
Research and Development ,
State Labor Laws
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
...more
The California Legislature has enacted several new laws that will impact the workplace in 2023. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2023, unless stated...more
12/29/2022
/ Bereavement Leave ,
CalSavers ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Minimum Wage ,
New Legislation ,
Notice Requirements ,
Off-Duty Employees ,
Paid Sick Leave ,
Pay Data ,
Posting Requirements ,
Recreational Use ,
Retirement Plan ,
Sexual Assault ,
State Labor Laws ,
Statute of Limitations ,
Wage and Hour
California Gov. Gavin Newsom signed Senate Bill (SB) 1162 on Sept. 27, 2022, to expand the requirements for annual pay data reports and requires covered employers to publish pay scales with job postings as well as to retain...more
The U.S. Department of Labor (DOL) has just published a new proposed rule addressing whether a worker is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA). The proposed rule, published...more
The U.S. Supreme Court issued an 8-1 decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. __ (2022) on June 15, 2022, holding that the Federal Arbitration Act (FAA) preempts the California Supreme Court ruling in...more
6/17/2022
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana ,
Waivers
The California Legislature has enacted several new laws that will impact the workplace in 2022. This Holland & Knight alert provides a brief summary of select employment laws that went into effect on Jan. 1, 2022, unless...more
1/6/2022
/ Arbitration ,
Arbitration Fees ,
Cal-OSHA ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
DFEH ,
Enforcement Authority ,
FEHA ,
Leave of Absence ,
Minimum Wage ,
New Legislation ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Posting Requirements ,
Restrictive Covenants ,
State Labor Laws ,
Statute of Limitations ,
Tolling ,
Wage and Hour ,
Wage Theft
In December 2020, the U.S. Department of Labor (DOL) announced a final rule (the Rule) which, according to the DOL, is intended to implement changes made by the Consolidated Appropriations Act of 2018 to Section 3(m) of the...more
2/10/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Minimum Wage ,
New Rules ,
Tip-Pooling ,
Tipped Employees ,
Trump Administration ,
Wage and Hour
This Holland & Knight alert highlights selected and significant new California labor and employment laws, regulations governing COVID-19 issues at the workplace by the California Division of Occupational Safety and Health...more
1/19/2021
/ Cal-OSHA ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
DLSE ,
Employer Responsibilities ,
Exempt-Employees ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Independent Contractors ,
Minimum Salary ,
New Legislation ,
Paid Family Leave Law ,
Pay Data ,
Popular ,
State Labor Laws ,
Successor Liability ,
Wage and Hour ,
WARN Act ,
Whistleblowers ,
Workplace Safety
The California Supreme Court in Vazquez v. Jan-Pro Franchising International, Inc. ruled on Jan. 14, 2021, that its decision in Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 903 (2018) (Dynamex), applies...more
1/19/2021
/ ABC Test ,
Borello Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour
California Senate Bill (SB) 1383, signed into law by Gov. Gavin Newsom on Sept. 17, 2020, will significantly expand coverage of the California Family Rights Act (CFRA) from employers with 50 or more employees to include small...more
In California Trucking Association, et al. v. Xavier Becerra, et al.,1 U.S. District Court Judge Roger T. Benitez issued a preliminary injunction on Jan. 16, 2020, enjoining the State of California from enforcing the ABC test...more
1/20/2020
/ ABC Test ,
Borello Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Motor Carriers ,
New Legislation ,
Popular ,
Preemption ,
Preliminary Injunctions ,
State Labor Laws ,
Trucking Industry
In 2019, California enacted numerous labor and employment laws. Unless otherwise noted, each of the laws listed below is effective on Jan. 1, 2020. This Holland & Knight alert highlights selected and significant new laws, as...more
12/31/2019
/ ABC Test ,
Administrative Authority ,
Administrative Procedure ,
Arbitration ,
Arbitration Agreements ,
California Consumer Privacy Act (CCPA) ,
Employee Training ,
Exempt-Employees ,
FEHA ,
Hairstyle Discrimination ,
Harassment ,
Independent Contractors ,
Labor Code ,
Lactation Accommodation ,
Minimum Wage ,
New Legislation ,
No-Rehire Provisions ,
Popular ,
Race Discrimination ,
Retaliation ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Statutory Penalties ,
Training ,
Unpaid Wages ,
Wage and Hour
California Gov. Gavin Newsom signed Assembly Bill (AB) 5 into law on Sept. 18, 2019, codifying the strict "ABC" test for employee versus independent contractor classification adopted by the California Supreme Court in Dynamex...more
11/6/2019
/ ABC Test ,
Borello Test ,
Department of Industrial Relations ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Exemptions ,
Gig Economy ,
Governor Newsom ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Right to Control ,
State Labor Laws ,
Unemployment Insurance ,
Wage and Hour
In ZB, N.A., and Zions Bancorporation v. Superior Court of San Diego County, No. S246711, __ Cal. 5th __, 2019 WL 4309684 (Cal. 2019) (ZB), the California Supreme Court held on Sept. 12, 2019, that California's Labor Code...more
• In a decision favorable to tribal sovereignty, the U.S. Court of Appeals for the Ninth Circuit affirmed that the tribal court of the Cedarville Rancheria of Northern Paiute Indians (the Tribe) had jurisdiction over claims...more
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more
2/1/2019
/ Arbitration ,
CFIUS ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Disclosure Requirements ,
Federal Pilot Programs ,
FEHA ,
Financial Industry Regulatory Authority (FINRA) ,
FIRRMA ,
Foreign Investment ,
Forum Selection ,
Intellectual Property Protection ,
International Labor Laws ,
Minimum Wage ,
State Labor Laws ,
USPTO ,
Wage and Hour ,
Woman Board Members
• The California Legislature passed numerous labor and employment bills that become effective on Jan. 1, 2019
• California's minimum wages and exempt salary thresholds increase on Jan. 1, 2019
• These laws were among the...more
1/2/2019
/ Anti-Harassment Policies ,
Board of Directors ,
Breastfeeding ,
Civil Code ,
Corporate Counsel ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
FEHA ,
Former Employee ,
Governor Brown ,
Hiring & Firing ,
Job Applicants ,
Lactation Accommodation ,
Minimum Wage ,
New Legislation ,
Privileged Communication ,
Right to Testify ,
Salary/Wage History ,
Settlement Agreements ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Wage Statements ,
Woman Board Members
• The California Legislature passed numerous labor and employment bills that Gov. Jerry Brown signed into law in 2017.
• Many of the new laws relate to wages and hours, leaves and benefits, hiring practices, health and...more
12/14/2017
/ Age Discrimination ,
Ban the Box ,
Birth Certificates ,
Contractors ,
Cooperation ,
Criminal Records ,
Debt ,
DFEH ,
Discrimination ,
Driver's Licenses ,
Employee Benefits ,
Employee Training ,
Entertainment Industry ,
Equal Pay ,
Form I-9 ,
Gender Discrimination ,
Gender Identity ,
Governor Brown ,
Harassment ,
Health and Safety ,
Hiring & Firing ,
Human Trafficking ,
Immigration Enforcement ,
Job Applicants ,
Labor Commissioners ,
Military Service Members ,
Minimum Wage ,
New Legislation ,
Notice Requirements ,
Parental Leave ,
Public Entities ,
Retaliation ,
Salary/Wage History ,
Sexual Harassment ,
Sexual Orientation ,
Small Employers ,
State Labor Laws ,
Subcontractors ,
Transgender ,
Unpaid Wages ,
Wage and Hour
New regulations under the California Fair Employment and Housing Act (FEHA) take effect on July 1, 2017, which relate to an employer's consideration of California applicant/employee criminal histories when making employment...more
6/30/2017
/ Adverse Impact ,
Ban the Box ,
Burden of Proof ,
Burden-Shifting ,
Consideration ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
FEHA ,
Hiring & Firing ,
Job Applicants ,
New Regulations ,
Protected Class ,
Rebuttable Presumptions ,
State Labor Laws
The Supreme Court of the United States issued its decision on April 3, 2017, in McLane Co., Inc. v. Equal Employment Opportunity Commission, a case which presented the question of what the appropriate standard of appellate...more
4/14/2017
/ Abuse of Discretion ,
Appeals ,
Appellate Review ,
De Novo Standard of Review ,
Equal Employment Opportunity Commission (EEOC) ,
Evidence ,
Maternity Leave ,
McLane Co. v EEOC ,
Motions to Quash ,
Request For Information ,
Reversal ,
SCOTUS ,
Standard of Review ,
Subpoenas ,
Title VII