Approximately one year ago, we discussed the impact of the final rule from the U.S. Department of Labor (DOL) regarding whether a worker is an employee or independent contractor under the Federal Fair Labor Standards Act...more
1/16/2025
/ Commercial Truck Drivers ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Labor Reform ,
Loper Bright Enterprises v Raimondo ,
Misclassification ,
Multi-Factor Test ,
Regulatory Agenda ,
SCOTUS ,
State Labor Laws ,
Transportation Industry ,
Trump Administration
The California Legislature has enacted several new laws that will impact the workplace in 2025. This Holland & Knight alert provides a brief summary of select employment laws that go into effect Jan. 1, 2025, unless stated...more
12/18/2024
/ Anti-Discrimination Policies ,
Corporate Counsel ,
Exempt-Employees ,
FEHA ,
General Meetings ,
Minimum Salary ,
Minimum Wage ,
Paid Family Leave Law ,
Paid Sick Leave ,
Private Attorneys General Act (PAGA) ,
Protected Class ,
Race Discrimination ,
Safe Leave ,
Salaried Employees ,
State Labor Laws ,
Unruh Civil Rights Act ,
Wage and Hour ,
Workers’ Compensation
The California Legislature has enacted several new laws that will impact the workplace in 2024. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2024, unless stated...more
1/2/2024
/ Arbitration ,
Automatic Stay ,
Bereavement Leave ,
Exempt-Employees ,
FEHA ,
Governor Newsom ,
Marijuana ,
Minimum Wage ,
New Legislation ,
Non-Compete Agreements ,
Off-Duty Employees ,
Paid Sick Leave ,
Popular ,
Rebuttable Presumptions ,
Recreational Use ,
Retaliation ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Workplace Violence Prevention Programs
For decades, California has taken arguably the most pro-employee-mobility position on noncompetition and non-solicitation agreements in the country – generally, post-employment noncompetition and non-solicitation agreements...more
10/5/2023
/ Business & Professions Code ,
CA Supreme Court ,
Contract Terms ,
Cross-Border ,
Employer Liability Issues ,
Employment Contract ,
Non-Compete Agreements ,
Public Policy ,
Restraint of Trade ,
Restrictive Covenants ,
State Labor Laws ,
Unenforceable Contract Terms
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics.
...more
3/6/2023
/ China ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Joint Venture ,
Made in the USA ,
Mexico ,
Non-Compete Agreements ,
Real Estate Investments ,
Research and Development ,
State Labor Laws
The California Legislature has enacted several new laws that will impact the workplace in 2023. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2023, unless stated...more
12/29/2022
/ Bereavement Leave ,
CalSavers ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Minimum Wage ,
New Legislation ,
Notice Requirements ,
Off-Duty Employees ,
Paid Sick Leave ,
Pay Data ,
Posting Requirements ,
Recreational Use ,
Retirement Plan ,
Sexual Assault ,
State Labor Laws ,
Statute of Limitations ,
Wage and Hour
The U.S. Supreme Court recently denied the California Trucking Association's (CTA) petition for certiorari related to a case involving federal preemption of California Assembly Bill 5 (AB-5), a law that changed the legal...more
8/5/2022
/ ABC Test ,
Commercial Truck Drivers ,
Dynamex ,
Economic Development ,
Employee Definition ,
Employment Litigation ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Governor Newsom ,
Independent Contractors ,
Misclassification ,
Motor Carriers ,
New Legislation ,
Petition for Writ of Certiorari ,
Ports ,
Preemption ,
Protests ,
State Funding ,
State Labor Laws ,
Tax Incentives ,
TRO ,
Trucking Industry
The U.S. Supreme Court issued an 8-1 decision in Viking River Cruises, Inc. v. Moriana, 596 U.S. __ (2022) on June 15, 2022, holding that the Federal Arbitration Act (FAA) preempts the California Supreme Court ruling in...more
6/17/2022
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana ,
Waivers
The California Legislature has enacted several new laws that will impact the workplace in 2022. This Holland & Knight alert provides a brief summary of select employment laws that went into effect on Jan. 1, 2022, unless...more
1/6/2022
/ Arbitration ,
Arbitration Fees ,
Cal-OSHA ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
DFEH ,
Enforcement Authority ,
FEHA ,
Leave of Absence ,
Minimum Wage ,
New Legislation ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Posting Requirements ,
Restrictive Covenants ,
State Labor Laws ,
Statute of Limitations ,
Tolling ,
Wage and Hour ,
Wage Theft
In a long-forecasted move, on March 18, 2021, the California Legislature passed SB 95, reestablishing supplemental paid sick leave for COVID-19-related reasons. A day later, California Gov. Gavin Newsom signed the law, which...more
The anticipated decision by the U.S. Court of Appeals for the Ninth Circuit in Teamsters v. FMCSA dealing with federal preemption of California meal and rest breaks for motor carriers, highlighted in a previous Transportation...more
This Holland & Knight alert highlights selected and significant new California labor and employment laws, regulations governing COVID-19 issues at the workplace by the California Division of Occupational Safety and Health...more
1/19/2021
/ Cal-OSHA ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
DLSE ,
Employer Responsibilities ,
Exempt-Employees ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Independent Contractors ,
Minimum Salary ,
New Legislation ,
Paid Family Leave Law ,
Pay Data ,
Popular ,
State Labor Laws ,
Successor Liability ,
Wage and Hour ,
WARN Act ,
Whistleblowers ,
Workplace Safety
California Senate Bill (SB) 1383, signed into law by Gov. Gavin Newsom on Sept. 17, 2020, will significantly expand coverage of the California Family Rights Act (CFRA) from employers with 50 or more employees to include small...more
In California Trucking Association, et al. v. Xavier Becerra, et al.,1 U.S. District Court Judge Roger T. Benitez issued a preliminary injunction on Jan. 16, 2020, enjoining the State of California from enforcing the ABC test...more
1/20/2020
/ ABC Test ,
Borello Test ,
Commercial Truck Drivers ,
Dynamex ,
Employee Definition ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Independent Contractors ,
Motor Carriers ,
New Legislation ,
Popular ,
Preemption ,
Preliminary Injunctions ,
State Labor Laws ,
Trucking Industry
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
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 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
• 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 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