California’s legislature covered a wide array of labor and employment law topics in the 2024 legislative session. The laws discussed below were signed into law by Governor Newsom and will become effective on January 1, 2025,...more
12/31/2024
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
California ,
Employee Privacy Rights ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Harassment ,
Independent Contractors ,
Labor Regulations ,
Paid Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Whistleblower Protection Policies ,
Workers’ Compensation ,
Workplace Safety ,
Workplace Violence
I. The State of the U.S. Workforce -
In the early months of the pandemic, jobs declined by a staggering 22.2 million. The good news is that jobs recovery has been on the rise since February 2020. In July, the number of...more
Over the past few years, cities and counties have gotten into the business of regulating the workplace, an area previously reserved to federal and state governments. Many local jurisdictions have focused particular attention...more
7/26/2022
/ Anti-Harassment Policies ,
California ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Hospitality Industry ,
Hotels ,
Labor Reform ,
Labor Regulations ,
Local Ordinance ,
Sexual Assault ,
Sexual Harassment ,
Workplace Safety
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
California is at it again – adopting a host of new labor and employment laws that will further regulate and complicate business operations in the Golden State. Littler’s Workplace Policy Institute has been tracking these...more
10/12/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Governor Vetoes ,
Independent Contractors ,
Infectious Diseases ,
Labor Regulations ,
Minimum Wage ,
Popular ,
Regulatory Requirements ,
Severance Pay ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Workplace Safety
Introduction Over a year and a half since the pandemic first started to take its toll on the health and welfare of individuals and the economy, the country is still reeling and struggling to recover. Some employers and...more
9/7/2021
/ Department of Labor (DOL) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Regulations ,
Labor Relations ,
NLRB ,
OSHA ,
Supply Chain ,
Telecommuting ,
Unions ,
Vaccinations
The pandemic seems not to have slowed down state and local lawmakers. Indeed, over 100 new labor and employment laws and ordinances are scheduled to take effect between July 1, 2021 and November 1, 2021. Notably, while some...more
6/9/2021
/ Ban the Box ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Gig Economy ,
Hazard Pay ,
Independent Contractors ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Layoffs ,
Masks ,
Pregnancy Discrimination ,
Vaccine Passports ,
Wage and Hour ,
WARN Act ,
Workplace Safety
...more
5/3/2021
/ Coronavirus/COVID-19 ,
Employee Retention ,
Furloughs ,
Hiring & Firing ,
Infectious Diseases ,
Labor Regulations ,
Layoffs ,
Local Ordinance ,
Right of Recall ,
State and Local Government ,
State Labor Laws
On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior...more
1/19/2021
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
AB 5, California’s sweeping and landmark independent contractor law, became effective on January 1, 2020. By January 6, bills were already being introduced to amend the law. At one time, more than 30 such bills were...more
Each year, Littler’s Workplace Policy Institute provides its “July is the New January” report on labor and employment laws that become effective in the middle of the year. In 2019, we reported on scores of new laws that took...more
6/10/2020
/ Ban the Box ,
Decriminalization of Marijuana ,
Distracted Driving ,
Electronic Disclosure ,
Employee Retirement Income Security Act (ERISA) ,
Fluctuating Workweek ,
Hairstyle Discrimination ,
Health Insurance ,
Labor Regulations ,
New Legislation ,
Non-Compete Agreements ,
Reasonable Accommodation ,
Sick Pay ,
State Labor Laws ,
Unemployment ,
Wage and Hour ,
Work Schedules
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 February 7, 2020, the U.S. District Court for the Eastern District of California issued an order supporting its injunction of Assembly Bill 51 (AB 51), an expansive anti-arbitration law enacted in October, which was...more
2/10/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Employment Contract ,
Federal Arbitration Act ,
Federal Labor Laws ,
FEHA ,
Labor Code ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
Preemption ,
Preliminary Injunctions ,
Restraining Orders ,
State and Local Government ,
State Labor Laws ,
TRO
A California federal court has granted a preliminary injunction blocking enforcement of Assembly Bill 51, an expansive anti-arbitration law enacted in October and set to take effect on January 1, 2020....more
2/4/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
Labor Regulations ,
Motion To Enjoin ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
Restraining Orders ,
State and Local Government ,
State Labor Laws ,
TRO
Seeking to tighten worker misclassification enforcement in New Jersey, on January 20, 2020, Governor Phil Murphy signed into law a package of legislation to add misclassification penalties, allow stop-work orders against...more
1/29/2020
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Franchises ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Information Sharing ,
Joint Liability ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Penalties ,
Posting Requirements ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Stop Work Orders ,
Wage and Hour
The battle over the scope and applicability of the so-called “ABC test” in determining California employers’ potential liability under wage and hour and other state labor laws continues unabated....more
1/24/2020
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Federal Labor Laws ,
Franchises ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Misclassification ,
New Legislation ,
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
On January 2, 2020, the Attorney General for the State of California released the title and summary of Initiative 19-0026—a proposed ballot measure that would overturn the state’s recently enacted independent contractor law,...more
1/6/2020
/ ABC Test ,
Ballot Measures ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Exempt-Employees ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Regulatory Agenda ,
Ridesharing ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
A federal court in California has prevented, at least for now, an expansive anti-arbitration law from taking effect on January 1, 2020. Under Assembly Bill (AB) 51, enacted on October 10, 2019, employers cannot require...more
12/31/2019
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Disputes ,
Labor Regulations ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
Restraining Orders ,
State and Local Government ,
State Labor Laws ,
TRO
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 October 13, 2019, California Governor Gavin Newsom signed Assembly Bill (AB) 51 into law, banning most employment arbitration agreements in California starting January 1, 2020. This new law is expansive in scope but short...more
10/17/2019
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
Labor Regulations ,
New Legislation ,
Preemption ,
State and Local Government ,
State Labor Laws
With the usual flurry of activity at the end of the legislative session, California has enacted a slew of bills with labor and employment ramifications....more
10/14/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Anti-Retaliation Provisions ,
Apprenticeships ,
Arbitration ,
Bias ,
Employee Benefits ,
Employee Definition ,
Employee Privacy Rights ,
Entertainment Industry ,
Health Insurance ,
Healthcare ,
Independent Contractors ,
Labor Regulations ,
Lactation Accommodation ,
Leave of Absence ,
New Legislation ,
Printed Publications ,
Settlement Agreements ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety