The California Legislature has enacted several new laws that will impact the workplace in 2025. This Holland & Knight alert provides a brief summary of select employment laws that go into effect Jan. 1, 2025, unless stated...more
12/18/2024
/ Anti-Discrimination Policies ,
Corporate Counsel ,
Exempt-Employees ,
FEHA ,
General Meetings ,
Minimum Salary ,
Minimum Wage ,
Paid Family Leave Law ,
Paid Sick Leave ,
Private Attorneys General Act (PAGA) ,
Protected Class ,
Race Discrimination ,
Safe Leave ,
Salaried Employees ,
State Labor Laws ,
Unruh Civil Rights Act ,
Wage and Hour ,
Workers’ Compensation
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
The National Labor Relations Board (NLRB or Board) on Feb. 21, 2023, issued the McLaren Macomb decision (372 NLRB No. 580) significantly restricting an employer's right to proffer to employees severance agreements that...more
4/6/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employer Liability Issues ,
Guidance Update ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Non-Disparagement Provisions ,
Retroactive Application ,
Section 7 ,
Severance Agreements ,
Unfair Labor Practices
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. 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
The California Supreme Court on July 15, 2021, finally and conclusively resolved a long-unsettled question of California wage and hour law, likely to the detriment of most California employers. In Ferra v. Loews Hollywood...more
7/19/2021
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Rate of Pay ,
Rest and Meal Break ,
Retroactive Application ,
State Labor Laws ,
Unpaid Overtime ,
Wage and Hour ,
Wage Orders
California employers must comply with yet another California-specific law designed to address the economic impacts connected to COVID-19 pandemic closures. On April 16, 2021, California Gov. Gavin Newsom signed Senate Bill...more
4/22/2021
/ Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
DLSE ,
Employee Retention ,
Enforcement ,
Governor Newsom ,
Labor Code ,
Layoffs ,
Notice Requirements ,
Recordkeeping Requirements ,
Right of Recall ,
State Labor Laws
In a long-forecasted move, on March 18, 2021, the California Legislature passed SB 95, reestablishing supplemental paid sick leave for COVID-19-related reasons. A day later, California Gov. Gavin Newsom signed the law, which...more
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
The California Office of Administrative Law on Nov. 30, 2020, approved emergency regulations passed by the California Division of Occupational Safety and Health (Cal/OSHA). The emergency regulations, effective immediately,...more
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
California Gov. Gavin Newsom dramatically expanded coverage and availability of COVID-19-related paid sick leave by signing AB 1867 on Sept. 9, 2020. As a budget trailer bill, AB 1867 took effect immediately upon signing. The...more
On the eve of the Labor Day weekend, California Gov. Gavin Newsom signed Assembly Bill (AB) 2257 into law. The new law, which takes effect immediately, modifies the recently enacted AB 5. As Holland & Knight previously...more
The California Supreme Court's recent opinions in Oman v. Delta Air Lines, Inc. and Ward v. United Airlines, Inc. clarify when, and under what circumstances, employees who even occasionally work in California are entitled to...more
7/10/2020
/ Airlines ,
CA Supreme Court ,
Class Action ,
Collective Bargaining Agreements (CBA) ,
Delta Airlines ,
Labor Law Violations ,
Penalties ,
State Labor Laws ,
Traveling Employee ,
United Airlines ,
Wage and Hour ,
Wage Orders ,
Wage Statements
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