Hot off the press – here is Littler’s mid-year report! As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more
6/21/2024
/ 401k ,
Child Labor ,
Compensation & Benefits ,
Corporate Counsel ,
Data Protection ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Rights ,
Employer Group Health Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Policies ,
Employment Tax ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Legislative Agendas ,
Minimum Salary ,
New Legislation ,
Non-Compete Agreements ,
Notice Requirements ,
Occupational Exposure ,
OSHA ,
Over-Time ,
Popular ,
Pregnant Workers Fairness Act ,
Proposed Legislation ,
Reasonable Accommodation ,
Regulatory Agenda ,
Retirement Plan ,
Salaried Employees ,
State Labor Laws ,
State Legislatures ,
Threshold Requirements ,
Wage and Hour ,
Warehouses ,
White-Collar Exemptions ,
Workers’ Compensation ,
Workplace Safety
California’s legislature covered a wide array of labor and employment law topics this legislative session. The laws discussed below were signed into law by Governor Newsom and will become effective on January 1, 2024 unless...more
10/27/2023
/ California ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Labor Reform ,
New Legislation ,
Non-Compete Agreements ,
Paid Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Workplace Violence
California enacted two new bills expanding the scope and consequences of the state’s policies against restrictive covenants. Governor Newsom signed Senate Bill 699 into law on September 1, 2023, and Assembly Bill 1076 into...more
10/18/2023
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Labor Reform ,
New Legislation ,
New Regulations ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
Traditionally, January 1 has been the key date for which employers must prepare to implement new labor and employment compliance obligations for new laws passed within the previous year. For the past several years, we have...more
2022 is coming to a close, and the new year will be here before we know it. While many states, cities and counties seem to be willing to pass employment laws and regulations at any time, the first day of a new year is still...more
11/3/2022
/ Compensation & Benefits ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Labor Reform ,
Labor Relations ,
New Legislation ,
Reasonable Accommodation ,
State Labor Laws ,
Wage and Hour
California state and local governmental bodies—our state legislature, and counties and cities—were active again this year in their efforts to regulate the workplace. Littler Workplace Policy Institute has been tracking these...more
10/6/2022
/ Amended Regulation ,
California ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employees ,
Hiring & Firing ,
Infectious Diseases ,
Labor Reform ,
New Legislation ,
Popular ,
State Labor Laws ,
Wage and Hour
It used to be that employers had the luxury of waiting until January 1 to be vigilant for new employment laws and compliant challenges. For the past several years, we have reported on employment and labor laws taking effect...more
6/23/2022
/ Compensation & Benefits ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Benefits ,
Employer Liability Issues ,
Gig Economy ,
Infectious Diseases ,
Labor Reform ,
New Legislation ,
State Labor Laws ,
Unemployment Benefits ,
Wage and Hour
2021 saw state and local legislatures shifting their focus away from COVID-19 measures back to traditional employment law matters. Although two states and the District of Columbia have COVID-19 related legislation going into...more
11/12/2021
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Disability Discrimination ,
Employee Benefits ,
Employer Liability Issues ,
Human Trafficking ,
Independent Contractors ,
Infectious Diseases ,
Labor Reform ,
Labor Regulations ,
New Legislation ,
Retirement Plan ,
State Labor Laws ,
Tips ,
Wage and Hour
Just about a year ago, in the early weeks of the COVID-19 pandemic, economic activity in many sectors went from red hot to nearly frozen, seemingly overnight. The hospitality industry was particularly hard hit, as business...more
4/19/2021
/ Coronavirus/COVID-19 ,
Employee Retention ,
Hiring & Firing ,
Infectious Diseases ,
Layoffs ,
Local Ordinance ,
New Legislation ,
Rehiring Issues ,
Right of Recall ,
State and Local Government ,
State Labor Laws
On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior...more
1/19/2021
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Assembly Bill 2855, recently signed into law by Governor Newsom, will require that acute care hospitals in California reimburse employees and job applicants for certain training costs....more
The California Child Abuse and Neglect Reporting Law, adopted in 1980, requires that certain “mandated reporters” make formal reports of suspected child abuse to law enforcement authorities. As defined in the law, child...more
The COVID-19 pandemic resulted in the closure of the California Legislature for long stretches of time this year. The work of the body continued on, however, and at the end of the session it passed the usual flurry of labor...more
10/2/2020
/ ABC Test ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Flexible Work Arrangements ,
Gig Economy ,
Independent Contractors ,
Infectious Diseases ,
New Legislation ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Unemployment
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
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
A California federal court has granted a preliminary injunction blocking enforcement of Assembly Bill 51, an expansive anti-arbitration law enacted in October and set to take effect on January 1, 2020....more
2/4/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
Labor Regulations ,
Motion To Enjoin ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
Restraining Orders ,
State and Local Government ,
State Labor Laws ,
TRO
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
A federal court in California has prevented, at least for now, an expansive anti-arbitration law from taking effect on January 1, 2020. Under Assembly Bill (AB) 51, enacted on October 10, 2019, employers cannot require...more
12/31/2019
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Disputes ,
Labor Regulations ,
New Legislation ,
Preemption ,
Preliminary Injunctions ,
Restraining Orders ,
State and Local Government ,
State Labor Laws ,
TRO
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
Upending the longstanding practice of employers including no-rehire clauses in agreements resolving employment disputes, California Governor Gavin Newsom has signed a new law that will prohibit such provisions in employment...more
On October 13, 2019, California Governor Gavin Newsom signed Assembly Bill (AB) 51 into law, banning most employment arbitration agreements in California starting January 1, 2020. This new law is expansive in scope but short...more
10/17/2019
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
Labor Regulations ,
New Legislation ,
Preemption ,
State and Local Government ,
State Labor Laws