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
With the resumption of the current legislative session on August 12, 2019, the California Senate Appropriations Committee briefly considered Assembly Bill 5 (AB 5), the legislature’s purported solution to the California...more
8/14/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Pending Legislation ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government
Although most state legislatures have adjourned for 2019 or are in recess, those still in active session finalized several new employment laws in July. California advanced a bill that would codify a judicially established...more
8/5/2019
/ #MeToo ,
Anti-Discrimination Policies ,
Employer Liability Issues ,
Independent Contractors ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
Misclassification ,
New Legislation ,
Non-Compete Agreements ,
Paid Time Off (PTO) ,
Pay Equity Laws ,
Pay Gap ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
On July 24, 2019, New York Governor Andrew Cuomo signed legislation creating a statewide panel to study the impact of automation, artificial intelligence (AI), and robotics on New York. The 13-member panel, to be known as...more
Employers in the Golden State are well aware that last year in Dynamex v. Superior Court the California Supreme Court adopted the ABC test for determining whether workers are employees or independent contractors. ...more
7/25/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
Retroactive Application ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Vicarious Liability
In 2018, the Supreme Court of California turned much of the established law regarding worker classification on its head with its decision in Dynamex Operations West Inc. v. Superior Court....more
7/19/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Franchises ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Rulemaking Process ,
State and Local Government ,
State Labor Laws ,
Vicarious Liability
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
State and local legislatures considered over 1,000 labor and employment bills in February, more than 600 of them new. ...more
3/4/2019
/ #MeToo ,
Appearance Policy ,
Ban the Box ,
Big Data ,
Criminal Background Checks ,
Dress Codes ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Joint Employers ,
Legislative Agendas ,
Non-Disclosure Agreement ,
Paid Family Leave Law ,
Pay Gap ,
Proposed Legislation ,
Race Discrimination ,
Religious Discrimination ,
Salary/Wage History ,
Sexual Harassment ,
State and Local Government ,
Vaccinations
Nearly all states legislatures are now in session, and the surge of new bills indicates lawmakers are not holding back. Over 1,000 state-level labor and employment-related bills have already been introduced since January 1,...more
2/5/2019
/ Criminal Background Checks ,
Legislative Agendas ,
Minimum Wage ,
Non-Disclosure Agreement ,
Proposed Legislation ,
Salary/Wage History ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
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
The November mid-term elections resulted in some significant power shifts at the state level. Six states (Colorado, Illinois, Maine, Nevada, New Mexico, and New York) that had been politically divided now enjoy a Democratic...more
12/3/2018
/ Ballot Measures ,
Discrimination ,
Gender Identity ,
General Elections ,
Independent Contractors ,
Legislative Agendas ,
Local Ordinance ,
Marijuana ,
Minimum Wage ,
Reasonable Accommodation ,
Right to Work ,
Salary/Wage History ,
Sick Leave ,
State and Local Government ,
State Elections ,
State Labor Laws ,
Wage and Hour
As 2018 draws to a close, employers are looking to the next wave of labor and employment laws and regulations that will take effect in 2019 and beyond. On January 1, and throughout the coming year, employers across the nation...more
After the California legislature adjourned—sending several noteworthy labor and employment bills to Governor Brown for his veto or signature in September—only a few states remain in active session. ...more
11/2/2018
/ Ballot Measures ,
Decriminalization of Marijuana ,
Freelance Workers ,
Fringe Benefits ,
LGBTQ ,
Local Ordinance ,
Marijuana ,
Medical Marijuana ,
Minimum Wage ,
No-Poaching ,
Paid Time Off (PTO) ,
Public Accommodation ,
Restroom Legislation ,
Sexual Harassment ,
Sick Leave ,
State and Local Government ,
Transgender ,
Wage and Hour ,
Work Schedules
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 Independence Day approaches, only three states are in active session: California, Massachusetts, and New Jersey. Roughly a dozen other states are in recess for several months, while the rest have officially adjourned for...more
7/3/2018
/ #MeToo ,
Consumer Privacy Rights ,
Equal Pay ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Joint Employers ,
Legislative Agendas ,
Marijuana ,
New Legislation ,
Paid Family Leave Law ,
Proposed Legislation ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
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
State and local lawmakers introduced over 250 new labor and employment bills in February, and considered hundreds of others in various stages of the legislative lifecycle. Many topics covered by these measures are familiar,...more
3/2/2018
/ Ban the Box ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Independent Contractors ,
Legislative Agendas ,
Minimum Wage ,
Non-Disclosure Agreement ,
Pay Transparency ,
Preemption ,
Proposed Legislation ,
Salary/Wage History ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
The majority of state legislatures are back in session, wasting no time considering new labor and employment measures. More than 600 state and local bills governing workplace issues were introduced or actively evaluated in...more
2/2/2018
/ Arbitration Agreements ,
Drug Testing ,
Equal Pay ,
Legislative Agendas ,
Marijuana ,
Non-Disclosure Agreement ,
Off-Duty Employees ,
Paid Time Off (PTO) ,
Preemption ,
Proposed Legislation ,
Sexual Harassment ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Work Schedules
Despite the holiday break in most statehouses and city halls, legislators were quite productive in December. More than 40 employment-related bills were introduced or advanced last month, across nearly 20 states and...more
1/4/2018
/ Ban the Box ,
Criminal Background Checks ,
Decriminalization of Marijuana ,
Drug Testing ,
E-Verify ,
Employee Rights ,
Employment Eligibility Verification ,
Foreign Workers ,
Immigrants ,
Immigration Procedures ,
Legislative Agendas ,
Marijuana ,
Paid Time Off (PTO) ,
Preemption ,
Proposed Legislation ,
Sick Leave ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Work Schedules
As we prepare to turn the calendar to 2018, employers look ahead to the next wave of labor and employment regulations. On January 1, 2018, and throughout the coming year, employers across the nation will confront a host of...more
11/14/2017
/ Anti-Discrimination Policies ,
Ban the Box ,
Compensation & Benefits ,
Contraceptive Coverage Mandate ,
Corporate Counsel ,
Criminal Background Checks ,
Disability Benefits ,
DLSE ,
Equal Pay ,
Executive Compensation ,
Fast-Food Industry ,
Gender Identity ,
Human Trafficking ,
Immigration and Customs Enforcement (ICE) ,
New Legislation ,
Parental Leave ,
Pay Ratio ,
Popular ,
Raids ,
Salary/Wage History ,
Securities and Exchange Commission (SEC) ,
Sexual Orientation Discrimination ,
State and Local Government ,
Wage and Hour ,
Work Schedules ,
Workplace Safety
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 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
Consistent with a major theme of the 2016 election cycle, equal pay and similar wage proposals dominated the attention of state legislatures in the first half of 2017. More than 100 such bills were introduced in the recent...more