On March 11, 2024, the U.S. Department of Labor’s (“DOL”) revised independent contractor test took effect, under a Final Rule issued by the Wage and House Division of DOL. The rule for Employee or Independent Contractor...more
On March 25, 2024, Governor Newsom signed Assembly Bill 610 into law. AB 610 will exempt some businesses from needing to comply with the Fast Recovery Act....more
Commencing on June 1, 2024, Senate Bill 525 will raise the minimum wage for covered health care workers at covered health care facilities in California....more
During the height of the COVID-19 pandemic in 2020, California enacted a temporary right to recall for hospitality employees, codified as Labor Code section 2810.8. This law covers laid-off employees who were employed for the...more
California Senate Bill (“SB”) 848, which becomes effective on January 1, 2024, entitles employees to five days of leave following a reproductive loss event. SB 848 adds section 12945.6 to the Government Code and applies to...more
After years of debate, and a looming referendum, a compromise between labor and business representatives has resulted in a final law regulating the fast-food industry. On September 28, 2023, California Governor Gavin Newsom...more
On September 11, 2023, industry, government, and union representatives announced that they had reached a deal to remove a California referendum on the Fast Food Accountability and Standards (“FAST”) Recovery Act from the 2024...more
On June 1, 2023, a panel of judges for the United States Court of Appeals for the Ninth Circuit held that berry distributors were not liable as “client-employers” of agricultural workers. The plaintiff agricultural workers...more
On January 13, 2023, Sacramento Superior Court Judge Shelleyanne Chang ruled that implementation of the Fast Food Accountability and Standards Recovery Act (“FAST Act”) should remain on hold pending the Secretary of State’s...more
On December 30, 2022, Judge Shelleyanne Chang of the Superior Court of Sacramento issued a temporary restraining order to block adoption of the FAST Act, which was due to take effect on January 1.
The Save Local...more
On November 22, 2022, the Los Angeles City Council passed the Fair Work Week ordinance (the “Ordinance”). The Ordinance passed with a 10-0 vote, and will go into effect on April 1, 2023....more
On September 27, 2022, Governor Newsom signed Senate Bill (SB) 1162, which requires employers with more than 15 employees to post salary scales with every job posting and to disclose the pay scale for a position held by an...more
On September 5, 2022, Governor Gavin Newsom signed Assembly Bill 257, a controversial and far-reaching law that will have a major impact on California fast food employers and is likely to shape the way the state regulates...more
9/13/2022
/ Advisory Board ,
Collective Bargaining ,
Employee Rights ,
Fast-Food Industry ,
Food Service Workers ,
Franchises ,
Governor Newsom ,
Popular ,
SEIU ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
On June 29, 2022, the Los Angeles City Council voted unanimously to adopt a Healthcare Workers Minimum Wage Ordinance (the “Ordinance”). This comes after a 10-2 vote on June 21 required a second reading and vote....more
On May 12, 2022, Governor Gavin Newsom announced that California’s minimum wage is projected to increase to $15.50 per hour for all workers beginning on January 1, 2023. The accelerated increase is required by Section 246 of...more
On January 1, 2022, Assembly Bill 701, which aims to regulate and curb the use of quotas in warehouses, will go into effect. While the bill was specifically intended to target Amazon, all California warehouse employers must...more
On January 1, 2022, leave under the California Family Rights Act (“CFRA”) will be expanded to provide employees with up to twelve weeks of job-protected leave to provide care to a parent-in-law with a serious medical...more
On January 1, 2023, Senate Bill 62, the Garment Worker Protection Act, will become effective, making California the first state to ban piece rate pay for garment workers. SB 62 prohibits any “employee engaged in the...more
12/3/2021
/ Chamber of Commerce ,
Employer Liability Issues ,
Fashion Industry ,
Joint and Several Liability ,
Manufacturers ,
Manufacturing Employers ,
Minimum Wage ,
New Legislation ,
Piece-Rate Pay ,
Retailers ,
State Labor Laws ,
Unfair Labor Practices ,
Wage and Hour ,
Workplace Safety
On September 20, 2021, the Court of Appeals for the Ninth Circuit reversed Grubhub, Inc.’s lower court victory in a class action case involving the alleged misclassification of a former driver. The driver claimed he was...more
10/1/2021
/ ABC Test ,
Appeals ,
Borello Test ,
Delivery Drivers ,
Dynamex ,
Employee Definition ,
Employment Litigation ,
Gig Economy ,
GrubHub ,
Independent Contractors ,
Misclassification ,
Popular ,
Putative Class Actions ,
Retroactivity ,
Reversal ,
Ridesharing ,
Wage and Hour
On June 3, 2021, AB-257, the Fast Food Accountability and Standards Recovery Act (the “FAST Act”) was defeated in the California Assembly, coming up three votes short of the 41 votes needed.
The FAST Act would have...more
7/1/2021
/ Employer Liability Issues ,
Fast-Food Industry ,
Franchisee ,
Franchises ,
Franchisors ,
Joint and Several Liability ,
Labor Standards Enforcement ,
Oversight Committee ,
Proposed Legislation ,
Wage and Hour ,
Workplace Safety
On June 23, 2021, the U.S. Department of Labor published a Notice of Proposed Rulemaking to limit the amount of non-tip producing work that a tipped employee can perform when an employee is taking a tip credit. ...more
6/25/2021
/ Comment Period ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
Proposed Regulation ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
On March 19, 2021, California Governor Gavin Newsom signed Senate Bill 95 providing a new form of COVID-19 related paid sick leave for many California workers. The law will become effective on March 29, 2021, and applies...more
3/24/2021
/ Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Newsom ,
New Legislation ,
Notice Requirements ,
Paid Sick Leave ,
Quarantine ,
Retroactive Application ,
Sick Leave ,
State Labor Laws ,
Supplemental Benefits ,
Tax Credits ,
Wage and Hour ,
Wage Statements
On February 23, 2021, the Los Angeles County Board of Supervisors voted 4-1 to institute a $5 per hour “Hero Pay” increase for frontline grocery workers and drug retailers in unincorporated areas of Los Angeles County. The...more
On January 5, 2021, the Los Angeles County Board of Supervisors considered an urgency ordinance requiring grocery stores to pay workers an additional $5/hour as “Hero Pay” due to the COVID-19 pandemic.
Supervisors Hilda...more
On December 22, 2020, the Department of Labor (“DOL”) announced a final rule revising its tipped employee regulations. The final rule is designed to address and incorporate amendments made to section 3(m) of the Fair Labor...more
12/23/2020
/ Consolidated Appropriations Act (CAA) ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Information Reports ,
Inspector General ,
NPRM ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Wage and Hour