News & Analysis as of August 1, 2025

State Labor Laws

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Virginia Lawmakers Pass AI Discrimination Law, But Will the Governor Approve? What Employers Need to Know

Fisher Phillips on 2/25/2025

Virginia lawmakers just passed a groundbreaking AI anti-discrimination bill, setting the stage for new workplace compliance obligations – but that’s only if Gov. Glenn Youngkin signs it into law. Following the lead of...more

[Event] 2023 Labor & Employment Conference - October 4th, Chicago, IL

Clark Hill PLC on 9/11/2023

This program is designed to ensure that you and your business stay prepared and in compliance with new developments in federal and Illinois labor and employment laws. You'll gain invaluable insights on a range of topics...more

California Bill AB5 Will Rewrite the Rules for Independent Contractors

Polsinelli on 9/18/2019

On September 10, 2019, the California Senate passed AB5, a sweeping bill to control the use of independent contractors in the nation’s largest state. With the California Assembly concurring in the Senate’s amendments to the...more

California Assembly Bill Five Excepts Certain Categories Of Workers From Independent Contractor Classification Overhaul

Coblentz Patch Duffy & Bass on 9/18/2019

Last week, the California Legislature passed Assembly Bill (AB) 5, a new law related to an issue that is critically important to California employers and service providers—whether a worker is classified as an employee or an...more

California Adopts Strict Independent Contractor Test in New Bill

Troutman Pepper Locke on 9/18/2019

On September 11, the California Assembly passed AB 5, a bill that codifies and expands the application of the strict independent contractor test (the “ABC test”) set forth in last year’s decision of the California Supreme...more

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

Littler on 8/9/2019

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

New York State Expands Equal Pay Legislation

Stokes Wagner on 7/18/2019

On July 10, 2019, Governor Cuomo signed two new bills that expand New York State’s equal pay Labor Law § 194. These new bills specifically (1) expand the scope of New York State’s equal pay law to all protected classes and...more

California Legislature Moves to Codify Dynamex

Stoel Rives - World of Employment on 6/7/2019

With its decision last year in Dynamex, the California Supreme Court fundamentally changed the test for determining whether workers are properly classified as either employees or independent contractors. Specifically, and as...more

Ninth Circuit Applies Dynamex Retroactively

FordHarrison on 5/9/2019

In 2018, the California Supreme Court adopted the “ABC test” for determining whether workers are independent contractors under California wage orders (the Dynamex decision). For a discussion of that decision....more

Dynamex Ruling Makes It More Difficult To Classify Employees As Independent Contractors

Coblentz Patch Duffy & Bass on 6/19/2018

The California Supreme Court recently issued its long-awaited opinion in Dynamex Operations West v. Superior Court, clarifying the standard for determining whether workers in California should be classified as employees or...more

The Implications of Dynamex Operations West v. Superior Court: California's Adoption of the ABC Test for Purposes of the Wage...

Littler on 6/11/2018

The California Supreme Court’s adoption of a strict ABC test for purposes of the wage orders is likely to cause significant problems for California businesses that use independent contractors. Of particular concern is the “B”...more

Court Of Appeal Limits Applicability Of The ABC Test

Lewitt Hackman on 5/29/2018

In Dynamex, the California Supreme Court decided to adopt an “ABC” test to determine whether workers are properly classified as independent contractors. This raised a number of questions concerning how (or if) the test should...more

California Supreme Court Turns Independent Contractor Law On Its Head Making It As Easy As "ABC"

Nossaman LLP on 5/23/2018

In Dynamex Operations v. Superior Court, the California Supreme Court made a significant change in independent contractor law, adopting an “ABC” test for determining whether an individual is an employee under the Wage Orders....more

The Dynamex Fallout: Independent Contractor Classifications Endangered - California Employers Should Heed Recent State Supreme...

Best Best & Krieger LLP on 5/21/2018

In a unanimous ruling, the California Supreme Court in Dynamex Operations West v. Superior Court rejected the decades-old Borello test for determining whether workers should be classified as employees or independent...more

CA Supreme Court Decision Calls for Reevaluation of Worker Classifications

Ballard Spahr LLP on 5/16/2018

Businesses with employees in California may need to reevaluate whether their workers are independent contractors or employees in light of a recent decision by the California Supreme Court. ...more

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