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
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
This article is an update to prior publications from Littler’s Workplace Policy Institute regarding Assembly Bill 5 (AB 5), passed by the California legislature on September 11, 2019.
On September 11, 2019,1 the California...more
9/16/2019
/ 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 ,
Retroactive Application ,
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
This article is an update to prior publications from Littler’s Workplace Policy Institute regarding Assembly Bill 5 (AB 5), currently pending in the California legislature.
On August 30, 2019, the California Senate...more
9/3/2019
/ Appropriations Bill ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Retroactive Application ,
State and Local Government
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
On July 10, 2019, the California Senate Labor, Public Employment, and Retirement Committee (Committee) advanced a proposed legislative response to the California Supreme Court's opinion in Dynamex v. Superior Court, which...more
7/16/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Legislative Agendas ,
Misclassification ,
Proposed Legislation ,
Regulatory Agenda ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
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
On December 28, 2018, a divided Court of Appeals for the District of Columbia Circuit upheld portions of an Obama-era standard for determining “joint employer” status under the National Labor Relations Act (NLRA), ultimately...more
1/2/2019
/ Appeals ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Employer Liability Issues ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Regulatory Reform ,
Staffing Agencies ,
Unions ,
Wage and Hour
The National Labor Relations Board (the NLRB or Board) has issued a proposed rule revising the test for whether two employers are considered “joint employers” under the National Labor Relations Act (NLRA). ...more
9/14/2018
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Franchisors ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Public Comment ,
Regulatory Reform ,
Right to Control ,
Staffing Agencies ,
Unions ,
Wage and Hour
Although the bulk of state lawmaking has finished for 2018, those few states still in session are moving quickly on pending bills. California lawmakers, for example, had until the end of August to move bills to the governor’s...more
9/6/2018
/ Anti-Discrimination Policies ,
Ballot Measures ,
Breastfeeding ,
Cybersecurity ,
Employment Contract ,
Equal Pay ,
Hiring & Firing ,
Legislative Agendas ,
Non-Compete Agreements ,
Paid Time Off (PTO) ,
Pending Legislation ,
Safe Leave ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Unemployment ,
Wage and Hour
As the summer months heat up, state legislative activity has noticeably cooled. Only two states (New Jersey and Massachusetts) are in active session, and Rhode Island, which had been in recess, is scheduled to adjourn at the...more
8/3/2018
/ Anti-Harassment Policies ,
Ballot Measures ,
Employer Liability Issues ,
FEHA ,
Gender Identity ,
Hiring & Firing ,
Internal Reporting ,
Legislative Agendas ,
Local Ordinance ,
New Legislation ,
Non-Disclosure Agreement ,
Paid Leave ,
Privileged Communication ,
Proposed Legislation ,
Salary/Wage History ,
Sex Discrimination ,
Sexual Harassment ,
Sick Leave ,
USPTO ,
Wage and Hour ,
Work Schedules
May begins the legislative homestretch for a number of states. Nearly half of the state legislatures have adjourned for the year, and another nine are expected to end their sessions by the end of the month....more
5/2/2018
/ Criminal Background Checks ,
Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Hiring & Firing ,
Leave of Absence ,
Legislative Agendas ,
Pay Gap ,
Preemption ,
Proposed Legislation ,
Sex Discrimination ,
Sexual Harassment ,
State Labor Laws ,
Wage and Hour
While the surge of state-level legislation introduced in the first quarter of 2018 has waned, some significant labor and employment bills are advancing through their legislative chambers. ...more
4/3/2018
/ Ban the Box ,
Criminal Background Checks ,
Employer Liability Issues ,
Equal Pay ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Legislative Agendas ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Proposed Legislation ,
Sexual Harassment ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
The Trump administration's Unified Agenda of Regulatory and Deregulatory Actions ("regulatory agenda"), released on December 14, 2017, indicates agencies are taking a hard look at existing rules, and treading lightly with new...more
12/18/2017
/ Apprenticeships ,
Buy America ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
OSHA ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Standards ,
Trump Administration ,
Wage and Hour ,
Wellness Programs
The current leaders of the Department of Labor, Equal Employment Opportunity Commission, and National Labor Relations Board addressed transitions and regulatory plans at their respective agencies at a November 16 forum. ...more
11/17/2017
/ Americans with Disabilities Act (ADA) ,
Deregulation ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Gender-Based Pay Discrimination ,
GINA ,
H-1B ,
H-2B ,
Hiring & Firing ,
Immigration Procedures ,
NLRA ,
NLRB ,
Pay Gap ,
Regulatory Agencies ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Standards ,
Tip Credit ,
Tipped Employees ,
Wage and Hour
As the holiday season approaches, legislative activity at the state level is starting to slow down. The California General Assembly closed out its term, for example, giving employers a breather until January. Illinois’...more
11/2/2017
/ Ban the Box ,
Corporate Counsel ,
Criminal Background Checks ,
Deportation ,
Domestic Violence ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Eligibility Verification ,
Equal Pay ,
FEHA ,
Form I-9 ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Governor Brown ,
Governor Vetoes ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Reform ,
Job Applicants ,
LGBTQ ,
Local Ordinance ,
New Legislation ,
Parental Leave ,
Pay Equity Laws ,
Popular ,
Proposed Legislation ,
Protected Class ,
Raids ,
Rape ,
Restroom Legislation ,
Salary/Wage History ,
Sexual Assault ,
Sexual Orientation Discrimination ,
Sick Leave ,
State and Local Government ,
Transgender ,
Wage and Hour
The baseball pennant races are about to kick off, but not all the action is on the field. Roughly a dozen state legislatures were in session during September, and they considered more than 50 labor and employment bills....more
10/3/2017
/ Criminal Background Checks ,
Discrimination ,
Employee Privacy Rights ,
Employee Rights ,
Harassment ,
Hiring & Firing ,
Joint Employers ,
New Legislation ,
Paid Time Off (PTO) ,
Pay Equity Laws ,
Pending Legislation ,
Right to Work ,
Salary/Wage History ,
Sexual Orientation Discrimination ,
Union Organizers ,
Unions ,
Wage and Hour ,
Wage Theft ,
Work Schedules
The holiday weekend marked the end of summer fun, but state legislatures across the country remained hard at work in August. Roughly nine statehouses are in active session. In other jurisdictions, such as Florida and Ohio,...more
9/5/2017
/ Anti-Discrimination Policies ,
Criminal Background Checks ,
Data Breach ,
Data Security ,
Employee Definition ,
Gender Identity ,
Hiring & Firing ,
Independent Contractors ,
Manufacturers ,
Misclassification ,
New Legislation ,
Over-Time ,
Religious Discrimination ,
Right to Work ,
Screening Procedures ,
Sexual Orientation Discrimination ,
State and Local Government ,
Wage and Hour ,
Work Schedules
Despite recent publicity surrounding bills pending in the U.S. Congress, state legislatures have not lost their focus. More than 30 states have concluded their legislative sessions, and another half-dozen are in recess. But...more
8/2/2017
/ Anti-Discrimination Policies ,
Ban the Box ,
Criminal Background Checks ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Joint Employers ,
Legislative Agendas ,
Minimum Wage ,
New Legislation ,
Paid Family Leave Law ,
Pay Equity Laws ,
Preemption ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Salary/Wage History ,
Wage and Hour
As the dog days of summer settle in, most statehouses have closed up shop. Legislatures in approximately 12 states remain in regular session, however, with a couple more active in special session. Roughly 200 labor and...more
7/7/2017
/ Background Checks ,
Discrimination ,
Equal Pay ,
Healthy Workplace Act ,
Hiring & Firing ,
Medical Leave ,
Minimum Wage ,
New Legislation ,
Over-Time ,
Paid Family Leave Law ,
Paid Leave ,
Parental Leave ,
Pay Transparency ,
Pregnancy ,
Reasonable Accommodation ,
Religious Discrimination ,
Salary/Wage History ,
Wage and Hour ,
White-Collar Exemptions ,
Work Schedules
Senator Mark Warner (D-VA), a lawmaker known for closely monitoring the changing nature of work, has introduced in the Senate legislation to promote innovative ways to offer portable benefits to workers in the on-demand...more
5/26/2017
/ Disability Benefits ,
Employee Definition ,
GAO ,
Gig Economy ,
Health Insurance ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Pensions ,
Portable Benefits ,
Proposed Legislation ,
Wage and Hour ,
Workers Compensation Reform
As April showers turn into May flowers, measures proposed earlier this year in the state legislatures begin to take root. Significantly fewer generally applicable labor and employment bills were introduced in April, around 60...more
5/2/2017
/ Ban the Box ,
Criminal Background Checks ,
Data Breach ,
Discrimination ,
Drug Testing ,
Employee Benefits ,
Equal Pay ,
Hiring & Firing ,
Joint Employers ,
Legislative Agendas ,
Medical Marijuana ,
Minimum Wage ,
Paid Time Off (PTO) ,
Pay Gap ,
Preemption ,
Proposed Legislation ,
Reasonable Accommodation ,
Retirement Plan ,
Right to Work ,
Wage and Hour