The U.S. District Court for the District of Arizona recently evaluated the reasonableness of two restrictive covenants—the nonsolicitation of customers and the nonsolicitation of employees—along with claims related to...more
4/25/2024
/ Arizona ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
California Governor Gavin Newsom signed into law SB 848 on October 10, 2023. This new law expands California’s Fair Employment and Housing Act (FEHA) to provide covered employees with protected leave after a reproductive...more
10/19/2023
/ Bereavement Leave ,
California ,
Employees ,
Employer Liability Issues ,
FEHA ,
Governor Newsom ,
Legislative Agendas ,
New Legislation ,
Paid Leave ,
Sick Leave ,
State and Local Government
With the 2021 California legislative year closed, it is now time to examine the new legislation that will affect California companies. We have summarized the key new legislation below, with relevant action items noted....more
10/26/2021
/ Arbitration ,
California ,
Compliance ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Independent Contractors ,
Labor Regulations ,
New Legislation ,
Paid Family Leave Law ,
Piece-Rate Pay ,
Reporting Requirements ,
State and Local Government ,
State Labor Laws ,
Tips ,
Unions ,
Wage and Hour ,
Wage Theft ,
Warehouses ,
Workplace Safety
California Governor Gavin Newsom recently signed into law California Senate Bill 331 (SB‑331) titled the “Silenced No More Act.” SB‑331 expands two of California’s existing laws regarding employee settlement agreements and...more
The U.S. Department of Labor (DOL) recently published an opinion letter explaining compensability under the Fair Labor Standards Act (FLSA) of time spent in voluntary continuing education programs. In FLSA 2020-15, the DOL...more
11/19/2020
/ Compensation ,
Continuing Education ,
Department of Labor (DOL) ,
Employee Training ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Opinion Letter ,
State and Local Government ,
State Labor Laws ,
Voluntary Participation ,
Wage and Hour
On Election Day 2020, California voters approved Proposition 22 which allows some gig economy companies to continue to classify drivers as independent contractors. These app-based drivers also will be guaranteed minimum...more
California’s legislative session closed with the state Assembly and Senate signing nearly 40 bills related to employment. Below we summarize the key legislation Governor Gavin Newsom ultimately signed into law, including...more
Governor Gavin Newsom signed SB 1383 which expands the California Family Rights Act (CFRA) on September 17, 2020. Previously, the CFRA applied to companies with 50 or more employees within a 75-mile radius and generally...more
The U.S. Department of Labor’s (DOL) Final Rule revising the joint employer regulations under the federal Fair Labor Standards Act (FLSA) took effect on March 16, 2020, (Final Rule). On September 8, 2020, the Hon. Gregory H....more
9/15/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Records ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Staffing Agencies ,
State and Local Government ,
State Labor Laws ,
Subcontractors ,
Wage and Hour
The “ABC test” now used in California to make determinations regarding the validity of independent contractor classifications initially was adopted by the California Supreme Court in Dynamex Operations W. v. Superior Court, 4...more
9/14/2020
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Enforcement ,
Exemptions ,
Governor Newsom ,
Independent Contractors ,
Misclassification ,
New Legislation ,
State and Local Government
The City of Los Angeles adopted and Mayor Eric Garcetti approved two new ordinances on April 27, 2020: the COVID-19 Right of Recall Ordinance and COVID-19 Worker Retention Ordinance.
The COVID-19 Right of Recall Ordinance...more
Update: Based on a recent update, it appears the County of Los Angeles has modified its position on the Worker Protection Ordinance, removing an employer’s right to require a doctor’s note and instead providing that an...more
Mayor Garcetti Issues Order Modifying Los Angeles’ COVID-19 Supplemental Paid Leave Ordinance -
Los Angeles Mayor Eric Garcetti has modified the COVID-19 Supplemental Paid Sick Leave Ordinance that was previously passed and...more
The Supreme Court of California recently adopted a new standard for distinguishing between employees and independent contractors under California’s Industrial Welfare Commission (IWC) Wage Orders. Ruling unanimously, the...more
5/8/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The Immigrant Worker Protection Act, California Assembly Bill 450 (AB 450), went into effect in California on January 1, 2018. AB 450 prohibits both public and private California employers from voluntarily consenting to a...more
In November 2016, Arizona voters approved the Fair Wages and Healthy Families Act (the Act) which included provisions on paid sick leave. Beginning on July 1, 2017, virtually all Arizona employees will be entitled to accrue...more