For years, California has led the way in the fast food industry, with several prominent brands having their origins in the Golden State. More recently, California has shown innovation in the ways that the employment of fast...more
9/12/2023
/ California ,
Employer Liability Issues ,
Fast-Food Industry ,
FEHA ,
Food Service Workers ,
IWC ,
Labor Reform ,
Legislative Agendas ,
Minimum Wage ,
Private Attorneys General Act (PAGA) ,
Proposed Legislation ,
Regulatory Agenda ,
Regulatory Oversight ,
Restaurant Industry ,
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
It’s been a busy spring at the California state capitol. Among the few thousand bills being considered by California’s legislature this year, AB 1228 stands out. The bill would essentially create joint liability for...more
4/21/2023
/ California ,
Employer Liability Issues ,
Fast-Food Industry ,
Franchisee ,
Franchises ,
Franchisors ,
Joint Liability ,
Labor Law Violations ,
Labor Reform ,
Legislative Agendas ,
Proposed Legislation ,
Regulatory Agenda ,
Restaurant Industry ,
Wage and Hour
Over the weekend, Senate Democrats defied midterm election historical trends and maintained control of their narrow majority in the Senate. In Nevada, Democratic Senator Catherine Cortez Masto narrowly defeated Republican...more
11/16/2022
/ Biden Administration ,
Employee Rights ,
Employees ,
Federal Labor Laws ,
Independent Contractors ,
Joint Employers ,
Labor Reform ,
Legislative Agendas ,
Regulatory Agenda ,
Regulatory Oversight ,
Union Elections ,
Wage and Hour
With supporters of the Protecting the Right to Organize (PRO) Act unable to advance the legislation under the regular rules of the Senate, they are now attempting to move pieces of the legislation by way of special rules...more
9/9/2021
/ Budget Reconciliation ,
Federal Budget ,
Labor Reform ,
Legislative Agendas ,
NLRA ,
NLRB ,
Penalties ,
Regulatory Agenda ,
Unfair Labor Practices ,
Union Organizers ,
Unions
On May 28, President Biden released his $6 trillion budget proposal for the 2022 fiscal year. While final spending decisions are decided by Congress, the president’s budget submission typically provides a general idea of...more
On March 31, 2021, President Biden unveiled his $2 trillion infrastructure plan, the American Jobs Plan (AJP), which comes on the heels of the enactment of last month’s $1.9 trillion COVID-recovery legislation, the American...more
On March 9, 2021, the U.S. House of Representatives passed the Protecting the Right to Organize Act of 2021 (PRO Act) by a largely party-line vote of 225-206. One Democratic Representative voted against the bill; five...more
3/11/2021
/ Arbitration Agreements ,
Collective Bargaining Agreements (CBA) ,
Employee Rights ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
NLRA ,
Proposed Legislation ,
Unions ,
Wage and Hour
On March 6, 2021, the U.S. Senate passed its version of President Biden’s “American Rescue Plan” by a vote of 50-49 (Vice President Kamala Harris was prepared to cast a tie-breaking vote in favor of the bill). All Senate...more
3/9/2021
/ Biden Administration ,
CARES Act ,
COBRA ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
Infectious Diseases ,
Legislative Agendas ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Tax Credits ,
Unemployment Insurance
On February 4, 2021, House and Senate Democrats introduced the Protecting the Right to Organize (PRO) Act. Introduction was expected, as President Biden pledged to be “the strongest labor president you have ever had” during...more
2/10/2021
/ ABC Test ,
Biden Administration ,
Collective Bargaining ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Labor Reform ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
NLRA ,
NLRB ,
Regulatory Agenda ,
Right to Work ,
Unfair Labor Practices ,
Union Organizers ,
Unions
On January 14, 2021, President-elect Joseph R. Biden, Jr. released his administration’s plan for additional COVID-19 economic relief. The $1.9 trillion package includes a range of measures to address the continued...more
1/19/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
Hazard Pay ,
Infectious Diseases ,
Legislative Agendas ,
Minimum Wage ,
OSHA ,
Relief Measures ,
Unemployment Benefits ,
Wage and Hour
As 2020 draws to a close, Congress appears to be on track to approve a final round of COVID-19 relief before adjourning until January 2021. This final package is expected to include direct payments to individuals; extension...more
On Saturday, September 26, President Trump nominated Judge Amy Coney Barrett to fill the vacancy on the bench occasioned by the death of Justice Ruth Bader Ginsburg. Barrett, who sits on the U.S. Court of Appeals for the...more
On July 27, 2020, Republican leadership in the U.S. Senate unveiled its latest legislative response to the COVID-19 pandemic, the Health, Economic Assistance, Liability Protection and Schools (HEALS) Act. The bill represents...more
On May 15, 2020, the U.S. House of Representatives passed H.R. 6800, the “Heath and Economic Recovery Omnibus Emergency Solutions” or “HEROES” Act....more
In addition to numerous provisions expanding paid leave and unemployment benefits, the newly introduced Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act would create a program enabling employers to...more
On May 12, 2020, the Democratic leadership of the U.S. House of Representatives unveiled its opening bid in the next round of COVID-19 response legislation. ...more
5/14/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Financial Stimulus ,
Legislative Agendas ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Trump Administration
The wave of COVID-19 litigation is not coming; it has arrived. Even before most states open back up for business, plaintiff’s lawyers are suing employers for a variety of alleged violations related to the virus, including...more
Senate lawmakers agreed on April 21, 2020, to inject cash into the Paycheck Protection Program (PPP), a mechanism for offering forgivable loans to small businesses. Lawmakers also agreed to allocate more money for disaster...more
On March 16, 2020, the U.S. House of Representatives unveiled legislation revisiting the sweeping COVID-19 response bill it passed only days earlier. While ostensibly styled as “corrections” to the prior legislation, this...more
On March 18, 2020, the U.S. Senate approved House-passed legislation responding to the COVID-19 pandemic. The bill will now be sent to the president, who is expected to sign it into law. Of direct interest to the business...more
In the early hours of March 14, 2020, the U.S. House of Representatives passed sweeping legislation in response to the spread of the coronavirus (COVID-19) across the United States. The Emergency Families First Coronavirus...more
3/17/2020
/ China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
Legislative Agendas ,
Proposed Legislation ,
Public Health ,
Sick Leave ,
Tax Credits ,
Workplace Safety
The year 2020 is already shaping up to be quite active on the employment law front, and a quarter of U.S. states have yet to convene their 2020 legislative sessions. In January, over 800 labor and employment-related bills,...more
2/5/2020
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Ban the Box ,
Cash Transactions ,
Criminal Background Checks ,
Dress Codes ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hairstyle Discrimination ,
Hiring & Firing ,
Independent Contractors ,
Labor Law Violations ,
Labor Regulations ,
Layoff Notices ,
Layoffs ,
Legislative Agendas ,
Misclassification ,
New Legislation ,
Notice Requirements ,
Regulatory Requirements ,
Regulatory Standards ,
Severance Agreements ,
Severance Pay ,
State and Local Government ,
State Labor Laws ,
Tipped Employees ,
Tips ,
Wage and Hour ,
Wage Statements ,
WARN Act
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
On Friday, August 30, 2019, the California State Senate Appropriations Committee approved controversial legislation—Assembly Bill 5 (A.B. 5)—that would potentially reclassify millions of independent contractors as “employees”...more
9/4/2019
/ 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 ,
State and Local Government ,
State Labor Laws ,
Wage and Hour