The California Supreme Court in Vazquez v. Jan-Pro Franchising International, Inc. ruled on Jan. 14, 2021, that its decision in Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 903 (2018) (Dynamex), applies...more
1/19/2021
/ ABC Test ,
Borello Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour
On the eve of the Labor Day weekend, California Gov. Gavin Newsom signed Assembly Bill (AB) 2257 into law. The new law, which takes effect immediately, modifies the recently enacted AB 5. As Holland & Knight previously...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
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
A panel of the U.S. Court of Appeals for the Ninth Circuit issued its decision in Vazquez et al. v. Jan-Pro Franchising Int'l., Inc., No. 17-16096 (Jan-Pro) on May 2, 2019, holding that the recently adopted, three-pronged...more
5/6/2019
/ ABC Test ,
Appeals ,
Corporate Counsel ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
Summary Judgment ,
Wage and Hour ,
Wage Orders