2023 was a seismic year for the employment landscape, with changes to state and federal laws that touch on hiring, firing, and just about everything in between. Members of Fenwick’s employment group recently walked through...more
2/1/2024
/ Arbitration Agreements ,
Artificial Intelligence ,
California ,
Department of Labor (DOL) ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
New Legislation ,
New York ,
NLRB ,
Non-Compete Agreements ,
Paid Leave ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Technology ,
Wage and Hour
Once a startup has properly classified its worker, it should document its relationship with the worker in order to clearly identify the classification, compensation and benefits (e.g., base salary, bonus, commissions, equity,...more
An important part of hiring employees is deciding how to compensate them. Because of limited capital, startups often implement equity-only compensation or deferred compensation arrangements in lieu of regular salaries....more
Hiring workers is an important step for startups. Startups engage two main types of workers—employees and independent contractors. It can be difficult to determine the proper classification of a worker, especially since both...more
On July 14, 2023, California Attorney General Rob Bonta announced an “investigative sweep” through inquiry letters sent to large California employers. The sweep seeks information on companies’ compliance with the California...more
7/24/2023
/ Board of Directors ,
Business Ownership ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Covered Business ,
Covered Employer ,
Employees ,
Employer Liability Issues ,
Healthcare Workers ,
Independent Contractors ,
Job Applicants ,
Personal Information ,
Privacy Policy ,
Regulatory Requirements
On the heels of more than three years of legal challenges (summarized here) to California’s AB 51, which prohibits employers from requiring employees to arbitrate disputes under the state’s Labor Code and Fair Employment and...more
U.S. Department of Labor Publishes Proposed Rule on Independent Contractor Classification Under the Fair Labor Standards Act -
On October 13, 2022, the U.S. Department of Labor (DOL) published a proposed rule updating the...more
10/25/2022
/ Arbitration ,
California ,
Cannabis Products ,
Coronavirus/COVID-19 ,
Data Reporting ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Job Ads ,
Marijuana ,
New York ,
Notice Requirements ,
Off-The-Clock ,
Paid Leave ,
Pay Transparency ,
Popular ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour
In the wake of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision (Dobbs), several states have already begun outlawing abortions and more states are expected to do so. Some states are also considering...more
7/15/2022
/ Abortion ,
Biden Administration ,
Department of Health and Human Services (HHS) ,
Dobbs v. Jackson Women’s Health Organization ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Executive Orders ,
Federal v State Law Application ,
Pregnancy ,
Roe v Wade ,
State Labor Laws ,
Travel Reimbursements
[Editor’s Note (12/20/21): The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s injunction halting enforcement of the OSHA Standards, and, specifically, the mandate regarding vaccination or weekly...more
Governor Gavin Newsom recently signed a slew of new bills into law at the close of California’s legislative season. Below is a summary of the new employment laws, all of which take effect on January 1, 2022....more
11/10/2021
/ California ,
California Family Rights Act (CFRA) ,
Classification ,
Employee Retention ,
Employees ,
Employer Liability Issues ,
Enforcement ,
Governor Newsom ,
Independent Contractors ,
Legislative Agendas ,
New Legislation ,
Non-Disclosure Agreement ,
State and Local Government ,
State Labor Laws ,
State Legislatures ,
Wage Theft ,
Workplace Safety
On November 4, 2021, the federal Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency standards to implement President Biden’s Vaccine/Testing Mandate for businesses with 100 or more...more
11/9/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
A three-judge panel of the U.S. Court of Appeals for the Ninth Circuit has issued its long-awaited ruling on the appeal of a California trial court’s injunction that prohibited the State of California from enforcing AB 51,...more
9/21/2021
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
California ,
Employees ,
Employer Liability Issues ,
Fair Employment Practices Act ,
Federal Arbitration Act ,
Injunctions ,
Labor Code ,
New Legislation ,
State Labor Laws
In connection with Santa Clara County’s move into California’s yellow COVID-19 tier, the state’s lowest pandemic restriction level under its tier system, the county’s health officer updated its Health Order, effective May 19,...more
5/24/2021
/ Business Entities ,
California ,
Compliance ,
Contractors ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Independent Contractors ,
Local Ordinance ,
Masks ,
New Regulations ,
Re-Opening Guidelines ,
Required Documentation ,
State and Local Government ,
Subcontractors ,
Vaccinations ,
Vaccine Passports
The rollout of the Pfizer and Moderna vaccines in the United States has triggered extensive discussion around the law concerning mandatory vaccine policies in the workplace. This discussion will almost certainly evolve over...more
12/28/2020
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employees ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Moderna Inc. ,
New Guidance ,
OSHA ,
Pfizer ,
Quarantine ,
Re-Opening Guidelines ,
Recordkeeping Requirements ,
Vaccinations ,
Virus Testing
California Significantly Expands Family Rights Act -
California Governor Gavin Newsom recently signed into law SB 1383, which significantly expands the coverage and scope of the California Family Rights Act (CFRA). CFRA,...more
10/21/2020
/ California Family Rights Act (CFRA) ,
Classification ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employees ,
Employer Liability Issues ,
Equity ,
Executive Orders ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Contractors ,
Governor Newsom ,
Independent Contractors ,
Non-Compete Agreements ,
Parental Leave ,
Pay Data ,
Proposed Rules ,
Reporting Requirements ,
Sick Leave ,
Small Business ,
Training ,
Trump Administration ,
Workplace Outbreaks
This week, federal, state and local governments issued broader and more strict shelter-in-place orders, expanded (in Los Angeles County) the covered employers who must provide paid sick leave, and provided additional guidance...more