As an update to our Jan. 7, 2020, post regarding California Assembly Bill 5 (AB-5), on Jan. 13, 2020, U.S. District Judge Roger T. Benitez of the Southern District of California heard two hours of oral argument on the motion...more
California Assembly Bill 5 (AB-5), a law aimed at classifying most workers as employees rather than independent contractors, went into effect Jan. 1, 2020. However, the day before the law took effect, U.S. District Judge...more
1/8/2020
/ ABC Test ,
Commercial Truck Drivers ,
Employee Definition ,
Employer Liability Issues ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Labor Regulations ,
Preemption ,
State Labor Laws ,
Trucking Industry
In 2019, California enacted numerous labor and employment laws. Unless otherwise noted, each of the laws listed below is effective on Jan. 1, 2020. This Holland & Knight alert highlights selected and significant new laws, as...more
12/31/2019
/ ABC Test ,
Administrative Authority ,
Administrative Procedure ,
Arbitration ,
Arbitration Agreements ,
California Consumer Privacy Act (CCPA) ,
Employee Training ,
Exempt-Employees ,
FEHA ,
Hairstyle Discrimination ,
Harassment ,
Independent Contractors ,
Labor Code ,
Lactation Accommodation ,
Minimum Wage ,
New Legislation ,
No-Rehire Provisions ,
Popular ,
Race Discrimination ,
Retaliation ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations ,
Statutory Penalties ,
Training ,
Unpaid Wages ,
Wage and Hour
California Gov. Gavin Newsom signed Assembly Bill (AB) 5 into law on Sept. 18, 2019, codifying the strict "ABC" test for employee versus independent contractor classification adopted by the California Supreme Court in Dynamex...more
11/6/2019
/ ABC Test ,
Borello Test ,
Department of Industrial Relations ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Exemptions ,
Gig Economy ,
Governor Newsom ,
Independent Contractors ,
Misclassification ,
New Legislation ,
Right to Control ,
State Labor Laws ,
Unemployment Insurance ,
Wage and Hour
In ZB, N.A., and Zions Bancorporation v. Superior Court of San Diego County, No. S246711, __ Cal. 5th __, 2019 WL 4309684 (Cal. 2019) (ZB), the California Supreme Court held on Sept. 12, 2019, that California's Labor Code...more
Labor and Employment attorneys Linda Auerbach Allderdice and Michael Maroney break down independent contractor misclassification in the transportation industry. They explain that if you are doing business in Massachusetts,...more
In a prior article following the U.S. Supreme Court's decision in New Prime Inc. v. Oliveira, we noted that there is likely to be future litigation concerning who qualifies as an "interstate" transportation worker for...more
4/1/2019
/ Appeals ,
Arbitration ,
Delivery Drivers ,
Dismissals ,
Employment Contract ,
Federal Arbitration Act ,
GrubHub ,
Independent Contractors ,
Interstate Commerce ,
Misclassification ,
Putative Class Actions ,
Transportation Industry
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more
2/1/2019
/ Arbitration ,
CFIUS ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Disclosure Requirements ,
Federal Pilot Programs ,
FEHA ,
Financial Industry Regulatory Authority (FINRA) ,
FIRRMA ,
Foreign Investment ,
Forum Selection ,
Intellectual Property Protection ,
International Labor Laws ,
Minimum Wage ,
State Labor Laws ,
USPTO ,
Wage and Hour ,
Woman Board Members
• The U.S. Supreme Court's decision in New Prime Inc. v. Oliveira substantially impacts the arbitrability of independent contractor misclassification cases in the transportation industry.
• The Court held that a court –...more
1/18/2019
/ Appeals ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS
On Jan. 15, 2019, the U.S. Supreme Court issued its opinion in New Prime Inc. v. Oliveira, No. 17-340, holding (1) that a court (rather than an arbitrator) should resolve a dispute over the applicability of the Federal...more
1/16/2019
/ Appeals ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS
• The California Legislature passed numerous labor and employment bills that become effective on Jan. 1, 2019
• California's minimum wages and exempt salary thresholds increase on Jan. 1, 2019
• These laws were among the...more
1/2/2019
/ Anti-Harassment Policies ,
Board of Directors ,
Breastfeeding ,
Civil Code ,
Corporate Counsel ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
FEHA ,
Former Employee ,
Governor Brown ,
Hiring & Firing ,
Job Applicants ,
Lactation Accommodation ,
Minimum Wage ,
New Legislation ,
Privileged Communication ,
Right to Testify ,
Salary/Wage History ,
Settlement Agreements ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour ,
Wage Statements ,
Woman Board Members
On Oct. 3, 2018, the U.S. Supreme Court heard oral argument in the case of New Prime Inc. v. Oliveira, No. 17-340. This case addresses (1) whether an arbitrator or the court should resolve a dispute over the applicability of...more
• In Troester v. Starbucks Corporation, the California Supreme Court on July 26, 2018, resoundingly rejected the de minimis doctrine commonly applied under the federal Fair Labor Standards Act (FLSA) to claims for unpaid...more
7/27/2018
/ CA Supreme Court ,
De Minimis Claims ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Federal v State Law Application ,
Labor Code ,
Labor Law Violations ,
Starbucks ,
State Labor Laws ,
Timekeeping ,
Unpaid Wages ,
Wage and Hour
• Regulations issued on July 1, 2018, by California's Fair Employment and Housing Council (FEHC) expand the Fair Employment and Housing Act's (FEHA) protections against national origin discrimination.
• California employers...more
7/9/2018
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Citizenship Status Discrimination ,
EEO ,
Employer Liability Issues ,
Exceptions ,
FEHA ,
FEHC ,
Foreign Language ,
Hiring & Firing ,
Human Trafficking ,
Job Applicants ,
Minimum Wage ,
National Origin Discrimination ,
New Regulations ,
Offensive Language ,
Recruitment Policies ,
State Labor Laws ,
Wage and Hour
• The California Supreme Court's widely anticipated decision in Dynamex Operations West, Inc. v. Superior Court sets a new standard for determining employee versus independent contractor status for purposes of California Wage...more
5/2/2018
/ ABC Test ,
CA Supreme Court ,
Class Action ,
Class Certification ,
Delivery Drivers ,
Employee Definition ,
Employer Liability Issues ,
Independent Contractors ,
IWC ,
Labor Code ,
Misclassification ,
Transportation Industry ,
Wage and Hour ,
Wage Orders
On Feb. 26, 2018, the U.S. Supreme Court granted certiorari in New Prime Inc. v. Oliveira, which should provide guidance as to the circumstances in which the Federal Arbitration Act (FAA) applies to interstate transportation...more
3/2/2018
/ Arbitration ,
Arbitration Agreements ,
Certiorari ,
Class Action ,
Class Action Arbitration Waivers ,
Commercial Truck Drivers ,
Discovery ,
Employee Training ,
Employment Contract ,
Federal Arbitration Act ,
Federal Aviation Administration (FAA) ,
Independent Contractors ,
Misclassification ,
Motion to Dismiss ,
Split of Authority ,
Transportation Contracts ,
Transportation Industry ,
Wage and Hour
In January 2017, Holland & Knight Transportation & Infrastructure lawyers and senior advisors prepared 20 posts for the 20 days leading to President Donald Trump's inauguration regarding what to expect from the Trump...more
2/5/2018
/ Aviation Industry ,
Browning-Ferris Industries of California Inc. ,
Coal Industry ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
FMCSA ,
Independent Contractors ,
Infrastructure ,
Joint Employers ,
Logging ,
Mexico ,
Mining ,
Motor Carriers ,
NAFTA ,
NHTSA ,
NLRA ,
NLRB ,
Proposed Rules ,
Public Private Partnerships (P3s) ,
Railroads ,
TIFIA ,
Transportation Industry ,
Trucking Industry ,
Trump Administration ,
Wage and Hour ,
WIFIA
• The California Legislature passed numerous labor and employment bills that Gov. Jerry Brown signed into law in 2017.
• Many of the new laws relate to wages and hours, leaves and benefits, hiring practices, health and...more
12/14/2017
/ Age Discrimination ,
Ban the Box ,
Birth Certificates ,
Contractors ,
Cooperation ,
Criminal Records ,
Debt ,
DFEH ,
Discrimination ,
Driver's Licenses ,
Employee Benefits ,
Employee Training ,
Entertainment Industry ,
Equal Pay ,
Form I-9 ,
Gender Discrimination ,
Gender Identity ,
Governor Brown ,
Harassment ,
Health and Safety ,
Hiring & Firing ,
Human Trafficking ,
Immigration Enforcement ,
Job Applicants ,
Labor Commissioners ,
Military Service Members ,
Minimum Wage ,
New Legislation ,
Notice Requirements ,
Parental Leave ,
Public Entities ,
Retaliation ,
Salary/Wage History ,
Sexual Harassment ,
Sexual Orientation ,
Small Employers ,
State Labor Laws ,
Subcontractors ,
Transgender ,
Unpaid Wages ,
Wage and Hour
New regulations under the California Fair Employment and Housing Act (FEHA) take effect on July 1, 2017, which relate to an employer's consideration of California applicant/employee criminal histories when making employment...more
6/30/2017
/ Adverse Impact ,
Ban the Box ,
Burden of Proof ,
Burden-Shifting ,
Consideration ,
Criminal Background Checks ,
Criminal Records ,
Employer Liability Issues ,
Employment Discrimination ,
FEHA ,
Hiring & Firing ,
Job Applicants ,
New Regulations ,
Protected Class ,
Rebuttable Presumptions ,
State Labor Laws
In January 2017, Holland & Knight Transportation & Infrastructure lawyers and senior advisors prepared 20 posts for the 20 days leading to President Donald Trump's inauguration regarding what to expect from the Trump...more
5/2/2017
/ Antitrust Investigations ,
Coal ,
Commercial Truck Drivers ,
Department of Justice (DOJ) ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Federal Trade Commission (FTC) ,
Fixing America’s Surface Transportation Act (FAST Act) ,
FMCSA ,
Independent Contractors ,
Infrastructure ,
Maritime Transport ,
Mexico ,
Motor Carriers ,
NAFTA ,
NHTSA ,
Railroads ,
Safety Standards ,
Transportation Industry ,
Trump Administration
The Supreme Court of the United States issued its decision on April 3, 2017, in McLane Co., Inc. v. Equal Employment Opportunity Commission, a case which presented the question of what the appropriate standard of appellate...more
4/14/2017
/ Abuse of Discretion ,
Appeals ,
Appellate Review ,
De Novo Standard of Review ,
Equal Employment Opportunity Commission (EEOC) ,
Evidence ,
Maternity Leave ,
McLane Co. v EEOC ,
Motions to Quash ,
Request For Information ,
Reversal ,
SCOTUS ,
Standard of Review ,
Subpoenas ,
Title VII
A critical but unresolved issue for the motor carrier industry is the continuing viability of the independent contractor truck driver model, which is under siege by state and federal regulatory agencies as well as private...more
1/18/2017
/ Department of Labor (DOL) ,
DLSE ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Hiring & Firing ,
Independent Contractors ,
IRS ,
Joint Employers ,
Misclassification ,
Motor Carriers ,
NLRB ,
Preemption ,
Transportation Industry ,
Trucking Industry ,
Trump Administration ,
Wage and Hour
Continuing a trend from recent years, the California Legislature passed, and Gov. Jerry Brown signed into law, numerous labor and employment bills in 2016.
Each becomes effective on Jan. 1, 2017, unless otherwise...more
12/27/2016
/ Age Discrimination ,
Agricultural Workers ,
Arbitration ,
Ban the Box ,
Choice-of-Law ,
Criminal Background Checks ,
Disability Insurance ,
Domestic Violence ,
Domestic Workers ,
Employee Restrooms ,
Equal Pay ,
FEHA ,
Forum Selection ,
Gender Identity ,
Gender-Based Pay Discrimination ,
LGBTQ ,
Minimum Wage ,
New Legislation ,
OSHA ,
Over-Time ,
Paid Leave ,
Popular ,
Private Attorneys General Act (PAGA) ,
Retirement Plan ,
Salary/Wage History ,
Security Guards ,
Sexual Assault ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Sick Leave ,
Smoking Bans ,
Stalking ,
Teachers ,
Transcripts ,
Wage and Hour ,
Wage Statements ,
Wages ,
Workplace Safety
New mandates issued by California's Fair Employment and Housing Council (FEHC) for harassment, discrimination and retaliation policies take effect on April 1, 2016. These rules set new standards for how employers must comply...more
As in recent years, the California Legislature passed and Gov. Jerry Brown signed numerous labor and employment bills into law in 2015. Each become effective on Jan. 1, 2016, unless otherwise stated. This Alert highlights the...more
12/31/2015
/ Cheerleaders ,
Commercial Truck Drivers ,
FEHA ,
Gender-Based Pay Discrimination ,
Grocery Store Workers ,
Healthy Workplaces Healthy Families Act 2014 ,
Minimum Wage ,
New Legislation ,
Piece-Rate Pay ,
Popular ,
Wage and Hour