Hot off the press – here is Littler’s mid-year report! As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more
6/21/2024
/ 401k ,
Child Labor ,
Compensation & Benefits ,
Corporate Counsel ,
Data Protection ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Rights ,
Employer Group Health Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Policies ,
Employment Tax ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Legislative Agendas ,
Minimum Salary ,
New Legislation ,
Non-Compete Agreements ,
Notice Requirements ,
Occupational Exposure ,
OSHA ,
Over-Time ,
Popular ,
Pregnant Workers Fairness Act ,
Proposed Legislation ,
Reasonable Accommodation ,
Regulatory Agenda ,
Retirement Plan ,
Salaried Employees ,
State Labor Laws ,
State Legislatures ,
Threshold Requirements ,
Wage and Hour ,
Warehouses ,
White-Collar Exemptions ,
Workers’ Compensation ,
Workplace Safety
The federal government, states, counties, and cities were active again this year passing workplace legislation intended for the most part to protect employees, creating new compliance obligations for employers. Littler’s...more
11/27/2023
/ Corporate Counsel ,
Employee Benefits ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Federal Labor Laws ,
Hiring & Firing ,
Labor Reform ,
New Regulations ,
State Labor Laws ,
Wage and Hour
We are in the final stretch of the California legislature’s first year of a two-year session. One bill that sped through the legislative process—without any registered opposition—is Senate Bill 699, which extends the state’s...more
9/7/2023
/ California ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Former Employee ,
Hiring & Firing ,
Labor Reform ,
Legislative Agendas ,
Non-Compete Agreements ,
Out-of-State Companies ,
Proposed Legislation ,
Regulatory Agenda ,
Restrictive Covenants ,
State Labor Laws
Traditionally, January 1 has been the key date for which employers must prepare to implement new labor and employment compliance obligations for new laws passed within the previous year. For the past several years, we have...more
It used to be that employers had the luxury of waiting until January 1 to be vigilant for new employment laws and compliant challenges. For the past several years, we have reported on employment and labor laws taking effect...more
6/23/2022
/ Compensation & Benefits ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Benefits ,
Employer Liability Issues ,
Gig Economy ,
Infectious Diseases ,
Labor Reform ,
New Legislation ,
State Labor Laws ,
Unemployment Benefits ,
Wage and Hour
2021 saw state and local legislatures shifting their focus away from COVID-19 measures back to traditional employment law matters. Although two states and the District of Columbia have COVID-19 related legislation going into...more
11/12/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Employee Benefits ,
Employer Liability Issues ,
Human Trafficking ,
Independent Contractors ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
New Legislation ,
Retirement Plan ,
State Labor Laws ,
Tips ,
Wage and Hour
As employers continue to grapple with the ever-changing legal landscape of COVID-era regulations, 2021 will bring changes to the traditional realm of employment law in dozens of jurisdictions. Compared to prior years, there...more
11/10/2020
/ Child Abuse ,
Corporate Counsel ,
Employee Privacy Rights ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Paid Time Off (PTO) ,
Payroll Taxes ,
Personal Protective Equipment ,
Regulatory Requirements ,
State and Local Government ,
State Labor Laws ,
Unemployment ,
Wage and Hour ,
Whistleblower Protection Policies
The COVID-19 pandemic resulted in the closure of the California Legislature for long stretches of time this year. The work of the body continued on, however, and at the end of the session it passed the usual flurry of labor...more
10/2/2020
/ ABC Test ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Flexible Work Arrangements ,
Gig Economy ,
Independent Contractors ,
Infectious Diseases ,
New Legislation ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Unemployment
Since its enactment last fall, California’s AB 5—legislation adopting the so-called “ABC test” for purposes of determining whether a worker is an independent contractor or statutory employee—has dominated not only the legal...more
3/10/2020
/ ABC Test ,
Corporate Counsel ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Popular ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On Wednesday, January 15, 2020, the California Supreme Court agreed to review a second case raising questions as to the scope and retroactivity of its landmark 2018 Dynamex decision....more
1/22/2020
/ ABC Test ,
CA Supreme Court ,
Corporate Counsel ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Petition for Review ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The fight over the scope of the “ABC test” for determining the status of workers under California state law continues unabated. A series of court filings last week suggests that state and local officials may be gearing up to...more
11/19/2019
/ ABC Test ,
Appeals ,
Corporate Counsel ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Enforcement Actions ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Strategic Enforcement Plan ,
Wage and Hour
In the wake of California’s enactment of Assembly Bill (AB) 5—legislation that threatens to reclassify 2 million California independent contractors as “employees” under California labor and employment laws—legal questions...more
10/31/2019
/ ABC Test ,
Corporate Counsel ,
Dominos ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
McDonalds ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Businesses with operations in California have begun to identify options and implement strategies for compliance with Assembly Bill (AB) 5, which imposes the ABC test for identifying whether a worker is an independent...more
10/30/2019
/ 1099s ,
ABC Test ,
Corporate Counsel ,
Corporate Restructuring ,
Employee Definition ,
Employer Liability Issues ,
Employment Tax ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Income Taxes ,
Independent Contractors ,
IRS ,
Labor Regulations ,
Misclassification ,
Out-of-State Employees ,
Retroactive Application ,
Safe Harbors ,
State and Local Government ,
State Labor Laws ,
Tax Rates ,
Wage and Hour
Upending the longstanding practice of employers including no-rehire clauses in agreements resolving employment disputes, California Governor Gavin Newsom has signed a new law that will prohibit such provisions in employment...more
On September 24, 2019, the U.S. Court of Appeals for the Ninth Circuit certified to the Supreme Court of California the question of whether that court’s landmark 2018 decision in Dynamex v. Superior Court should be applied...more
9/26/2019
/ ABC Test ,
Appeals ,
CA Supreme Court ,
Corporate Counsel ,
Due Process ,
Dynamex ,
Employer Liability Issues ,
Franchises ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
New Legislation ,
Question of Law ,
Retroactive Application ,
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
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
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
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 a prior article, unsuccessful bills proposed in the California legislature in 2017 can carry over into the 2018 session. State lawmakers may revive measures that did not make it through both chambers of the...more
1/5/2018
/ Corporate Counsel ,
Domestic Workers ,
Employee Benefits ,
Employee Definition ,
Health Insurance ,
Hiring & Firing ,
Holiday Pay ,
Home Healthcare Workers ,
Legislative Agendas ,
Over-Time ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Public Access Laws ,
Rest and Meal Break ,
Retail Workers ,
Single-Payer ,
Small Business ,
Unemployment Benefits ,
Wage and Hour ,
Work Schedules ,
Workers' Compensation Claim
The October 15, 2017 deadline has come and gone for Governor Jerry Brown to weigh the bills passed by the California legislature this year. Governor Brown has now signed into law a jaw-dropping number of bills that pertain to...more
10/17/2017
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Background Checks ,
Ban the Box ,
Construction Contracts ,
Construction Industry ,
Corporate Counsel ,
Criminal Background Checks ,
Enforcement Actions ,
Equal Pay ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Human Trafficking ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Reform ,
New Legislation ,
Parental Leave ,
Salary/Wage History ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Workplace Safety
As we close out the first half of the year, July ushers in numerous changes in labor and employment law. Notably, many statutes and administrative regulations across the country become operative in July. Before the fireworks...more
6/29/2017
/ Ban the Box ,
Child Support ,
Corporate Counsel ,
Criminal Background Checks ,
Drug Testing ,
Gender Discrimination ,
LGBTQ ,
Medical Marijuana ,
Minimum Wage ,
National Guard ,
Paid Family Leave Law ,
Popular ,
Preemption ,
Pregnancy Discrimination ,
Retirement Plan ,
Service Animals ,
Sick Leave ,
Social Media Policy ,
State Labor Laws ,
Transgender ,
Wage and Hour ,
Wage Garnishment