As business owners and members of the labor and employment law community know all too well, California’s AB 5 went into effect on January 1 of this year. The law imposed the “ABC test” for determining whether a worker should...more
10/1/2020
/ ABC Test ,
Borello Test ,
Employee Definition ,
Employer Liability Issues ,
Exemptions ,
Gig Economy ,
Governor Newsom ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Newspapers ,
State Labor Laws ,
Wage and Hour
Signed into law on September 28, 2020, AB 1731 moves California’s work sharing program into the 21st century by mandating an online application process and specific deadlines for delivering claim forms. Work sharing is an...more
9/30/2020
/ Coronavirus/COVID-19 ,
EDD ,
Employer Liability Issues ,
Flexible Work Arrangements ,
Furloughs ,
Infectious Diseases ,
Layoffs ,
New Legislation ,
State Labor Laws ,
Unemployment Benefits ,
Wage and Hour ,
Work Share
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
As many states ease their shelter-in-place orders across the country, businesses are slowly reopening to the public. Although businesses are anxious to open their doors, as employers, they are grappling with how to comply...more
Back in February of this year, when employees were still reporting to work and the COVID-19 pandemic was just starting to gain national attention, there was great concern that infected employees with insufficient sick leave...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
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
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
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
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
On September 18, 2019, California Governor Gavin Newsom signed into law sweeping legislation—Assembly Bill 5 (A.B. 5)—that will dramatically reshape the contours of California’s workforce and economy, and potentially...more
9/19/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
This article is an update to prior publications from Littler’s Workplace Policy Institute regarding Assembly Bill 5 (AB 5), passed by the California legislature on September 11, 2019.
On September 11, 2019,1 the California...more
9/16/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Pending Legislation ,
Regulatory Agenda ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Assembly Bill (AB) 5, currently pending in the California legislature, would impose the “ABC” test on California businesses and workers, dramatically altering the legal standards applied in evaluating whether a worker is an...more
8/9/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Legislative Agendas ,
Misclassification ,
Pending Legislation ,
Risk Assessment ,
State Labor Laws ,
Wage and Hour
On July 10, 2019, the California Senate Labor, Public Employment, and Retirement Committee (Committee) advanced a proposed legislative response to the California Supreme Court's opinion in Dynamex v. Superior Court, which...more
7/16/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Legislative Agendas ,
Misclassification ,
Proposed Legislation ,
Regulatory Agenda ,
Rulemaking Process ,
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
Voters in Oakland, California recently approved ballot "Measure Z," titled the "Oakland Minimum Wage Charter Amendment." The measure imposes new minimum wages and employment standards for some hotel workers, authorizes the...more
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
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