Michael Lotito on State Labor Laws

The ABC Test: California States and Localities Support Plaintiffs’ Appeal, Signal Aggressive Enforcement

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

Is Foresight 2020? Employers Confront New Laws Taking Effect in the New Year

As the year draws to a close, employers are assessing the next wave of labor and employment laws and regulations they will face in 2020 and beyond. Most new laws taking effect at the end of 2019 and throughout 2020 are at the...more

New Jersey Bill Would Bring California-Style ABC Test to the Garden State

Already a tough place for employers, New Jersey may be about to get even tougher. The Garden State is one of only a handful of states widely using the so-called ABC test, which makes it harder for businesses to classify...more

11/8/2019 / ABC Test , Corporate Counsel , Employee Definition , Employer Liability Issues , Freelance Workers , Gig Economy , Hiring & Firing , Independent Contractors , Labor Regulations , Misclassification , New Legislation , State and Local Government , State Labor Laws , Wage and Hour

Worker Misclassification Questions Dominate California Legal Landscape

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

AB 5 Update: Joint Employment, Retroactivity, and Implementation Challenges

As employers in the Golden State attempt to prepare for the brave new world—courtesy of AB 5—that will greet them on New Year’s Day, federal and state courts in California continue to grapple with the scope and purpose of the...more

10/14/2019 / ABC Test , Dynamex , Freelance Workers , Gig Economy , Independent Contractors , Joint Employers , Labor Regulations , Misclassification , New Legislation , Retroactive Application , State and Local Government , State Labor Laws

Dynamex Retroactivity Question Sent to California State Court

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

California AB 5’s Author and the Governor Attempt to Clarify Law’s Scope

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

Now What? Practical Tips for Navigating California Post-A.B. 5

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

AB 5 Update: California Legislature Passes Final Bill on September 11, 2019

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

WPI State of the States – Hot Topics During the Summer Cool-Down

Students across the country are heading back to school, but most state legislatures are either in recess or have adjourned for 2019. States that were still in session in August did advance several significant bills, while the...more

California Governor Expresses Support for Amended Misclassification Bill

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

AB 5: The Great California Employment Experiment—A Littler Workplace Policy Institute Report

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

WPI State of the States: Legislative Action Heats up in July

Although most state legislatures have adjourned for 2019 or are in recess, those still in active session finalized several new employment laws in July. California advanced a bill that would codify a judicially established...more

8/5/2019 / #MeToo , Anti-Discrimination Policies , Employer Liability Issues , Independent Contractors , Labor Regulations , Marijuana , Medical Marijuana , Misclassification , New Legislation , Non-Compete Agreements , Paid Time Off (PTO) , Pay Equity Laws , Pay Gap , Sexual Harassment , State and Local Government , State Labor Laws , Wage and Hour , Work Schedules

Ninth Circuit Withdraws Opinion Regarding Retroactivity of Dynamex v. Superior Court, Will Certify the Question to the California...

Employers in the Golden State are well aware that last year in Dynamex v. Superior Court the California Supreme Court adopted the ABC test for determining whether workers are employees or independent contractors. ...more

7/25/2019 / ABC Test , Dynamex , Employee Definition , Employer Liability Issues , Gig Economy , Independent Contractors , Labor Regulations , Misclassification , Retroactive Application , Rulemaking Process , State and Local Government , State Labor Laws , Vicarious Liability

Franchising and California at a Crossroads: the Dynamics of Dynamex and the ABC Test

In 2018, the Supreme Court of California turned much of the established law regarding worker classification on its head with its decision in Dynamex Operations West Inc. v. Superior Court....more

7/19/2019 / ABC Test , Dynamex , Employee Definition , Employer Liability Issues , Franchises , Gig Economy , Independent Contractors , Misclassification , Rulemaking Process , State and Local Government , State Labor Laws , Vicarious Liability

California Legislature Moves Forward with Bill to Redefine Independent Contractor Relationships

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

Automation Continues to Reshape the Face of Work

It seems almost every day we are presented with more evidence that automation is having profound consequences on the nature of work in America—in expected and unexpected ways....more

7/9/2019 / Artificial Intelligence , Automation Systems , Bureau of Labor Statistics , Gig Economy , Independent Contractors , Information Reports , Manufacturers , Robots , State Labor Laws

WPI State of the States: What a Difference a Month Makes

Nearly all states legislatures are now in session, and the surge of new bills indicates lawmakers are not holding back. Over 1,000 state-level labor and employment-related bills have already been introduced since January 1,...more

2/5/2019 / Criminal Background Checks , Legislative Agendas , Minimum Wage , Non-Disclosure Agreement , Proposed Legislation , Salary/Wage History , Sexual Harassment , Sexual Orientation Discrimination , Sick Leave , State and Local Government , State Labor Laws , Wage and Hour , Work Schedules

WPI State of the States: The New Year Brings a Clean Legislative Slate

While the partial federal government shutdown has kept Congress at an impasse, it should be business as usual at the state and local levels in January. At least 46 states and the District of Columbia will be in session by the...more

1/2/2019 / Background Checks , Employee Benefits , Employment Discrimination , Government Shutdown , Harassment , Hiring & Firing , Independent Contractors , Joint Employers , Legislative Agendas , Local Ordinance , New Legislation , Proposed Legislation , Safe Leave , Sexual Harassment , Sick Leave , State and Local Government , State Labor Laws , Wage and Hour , Work Schedules

WPI State of the States – What did the Voters Decide?

The November mid-term elections resulted in some significant power shifts at the state level. Six states (Colorado, Illinois, Maine, Nevada, New Mexico, and New York) that had been politically divided now enjoy a Democratic...more

12/3/2018 / Ballot Measures , Discrimination , Gender Identity , General Elections , Independent Contractors , Legislative Agendas , Local Ordinance , Marijuana , Minimum Wage , Reasonable Accommodation , Right to Work , Salary/Wage History , Sick Leave , State and Local Government , State Elections , State Labor Laws , Wage and Hour

Employers are Preparing Now to Tackle 2019's Newest Labor and Employment Laws

As 2018 draws to a close, employers are looking to the next wave of labor and employment laws and regulations that will take effect in 2019 and beyond. On January 1, and throughout the coming year, employers across the nation...more

11/14/2018 / Corporate Counsel , Employer Liability Issues , Employment Discrimination , Marijuana , Minimum Wage , New Legislation , Paid Time Off (PTO) , State and Local Government , State Labor Laws , Wage and Hour

WPI State of the States: Anti-harassment and Lactation Accommodation Proposals Advance, While Ballot Initiatives Take Shape

Although the bulk of state lawmaking has finished for 2018, those few states still in session are moving quickly on pending bills. California lawmakers, for example, had until the end of August to move bills to the governor’s...more

9/6/2018 / Anti-Discrimination Policies , Ballot Measures , Breastfeeding , Cybersecurity , Employment Contract , Equal Pay , Hiring & Firing , Legislative Agendas , Non-Compete Agreements , Paid Time Off (PTO) , Pending Legislation , Safe Leave , Sick Leave , State and Local Government , State Labor Laws , Unemployment , Wage and Hour

WPI State of the States: The Legislative Action Is On Opposite Coasts

As Independence Day approaches, only three states are in active session: California, Massachusetts, and New Jersey. Roughly a dozen other states are in recess for several months, while the rest have officially adjourned for...more

7/3/2018 / #MeToo , Consumer Privacy Rights , Equal Pay , Freelance Workers , Gig Economy , Independent Contractors , Joint Employers , Legislative Agendas , Marijuana , New Legislation , Paid Family Leave Law , Proposed Legislation , Sexual Harassment , State and Local Government , State Labor Laws , Wage and Hour , Work Schedules

WPI State of the States: Equal Pay, Paid Leave and Harassment Still Dominate

As summer approaches, most state legislatures have closed up shop for the year. Approximately 14 states are still in session, four of which are scheduled to adjourn in or around the end of June. ...more

6/4/2018 / Decriminalization of Marijuana , Employer Liability Issues , Equal Pay , Gender Discrimination , Gender-Based Pay Discrimination , Legislative Agendas , New Legislation , Paid Leave , Pay Equity Laws , Pay Gap , Proposed Legislation , Restroom Legislation , Sexual Harassment , State Labor Laws , Wage and Hour

WPI State of the States: Equal Pay, Paid Leave, and Gig Economy Bills Gain Momentum

May begins the legislative homestretch for a number of states. Nearly half of the state legislatures have adjourned for the year, and another nine are expected to end their sessions by the end of the month....more

5/2/2018 / Criminal Background Checks , Employer Liability Issues , Equal Pay , Gender-Based Pay Discrimination , Gig Economy , Hiring & Firing , Leave of Absence , Legislative Agendas , Pay Gap , Preemption , Proposed Legislation , Sex Discrimination , Sexual Harassment , State Labor Laws , Wage and Hour

Michael Lotito

Littler

Readers' Choice Awards

Popular Topics by This Author

Latest Posts › State Labor Laws