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
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
11/14/2019
/ Ban the Box ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Criminal Background Checks ,
Department of Labor (DOL) ,
EEO-1 ,
Employee Benefits ,
Employee Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Form I-9 ,
Gender-Based Pay Discrimination ,
Health Insurance ,
Immigration and Customs Enforcement (ICE) ,
Immigration Reform ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Local Ordinance ,
Marijuana ,
Minimum Wage ,
New Legislation ,
NLRB ,
Paid Time Off (PTO) ,
Pay Gap ,
Popular ,
Raids ,
Rulemaking Process ,
Salary/Wage History ,
Smoking Bans ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
White-Collar Exemptions
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
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
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
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
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
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
9/5/2019
/ #MeToo ,
Domestic Violence ,
Employee Definition ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Leave of Absence ,
LGBTQ ,
Medical Leave ,
Misclassification ,
NYHRL ,
Paid Family Leave Law ,
Paid Time Off (PTO) ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Theft
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
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
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
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
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
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
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
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
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
On Monday, October 1, 2018, the State of New York released final versions of a sexual harassment policy, complaint form, and employee training relating to sexual harassment, among other guidance, pursuant to legislation...more
10/2/2018
/ #MeToo ,
Anti-Harassment Policies ,
Civil Rights Act ,
Complaint Procedures ,
Corporate Culture ,
Deadlines ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Harassment ,
Hostile Environment ,
Internal Reporting ,
Non-Disclosure Agreement ,
Risk Management ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Title VII ,
Tone At The Top