The U.S. Department of Labor (DOL) announced on Jan. 9, 2024, the issuance of its final rule regarding whether a worker is an employee or an independent contractor under the federal Fair Labor Standards Act (FLSA). The new...more
1/10/2024
/ Biden Administration ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Misclassification ,
Multi-Factor Test ,
Trump Administration ,
Wage and Hour
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
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 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
If there were ever a time for California employers to have in place meal period policies and timekeeping practices for non-exempt employees that are compliant with California law, now is the time. California law requires that...more
3/2/2021
/ CA Supreme Court ,
Class Action ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Non-Exempt Employees ,
Rebuttable Presumptions ,
Recordkeeping Requirements ,
Rest and Meal Break ,
Rounding ,
Summary Judgment ,
Timekeeping ,
Wage and Hour
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
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 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
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
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
On July 1, 2015, California’s Healthy Workplaces, Healthy Families Act of 2014 takes effect. Given the fast-approaching deadline for compliance, this is a reminder about the new law and its requirements. The highlights of the...more
Like most recent years, the California Legislature passed and Governor Jerry Brown signed many labor and employment bills into law once again in 2014. Below are highlights of the most significant new laws. Each will become...more
The California Legislature enacted numerous employment laws in 2013 that affect California employers. The significant changes initiated by these statutes include a higher minimum wage, increased whistleblower protections and...more