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
Most California employers are required submit Pay Data Reports (PDR) to the California Rights Department (CRD) on an annual basis, with Senate Bill (SB) 1162 modifying the existing pay data reporting law, SB 973, by requiring...more
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
California Gov. Gavin Newsom signed Senate Bill (SB) 1162 on Sept. 27, 2022, to expand the requirements for annual pay data reports and requires covered employers to publish pay scales with job postings as well as to retain...more
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
The California Supreme Court on July 15, 2021, finally and conclusively resolved a long-unsettled question of California wage and hour law, likely to the detriment of most California employers. In Ferra v. Loews Hollywood...more
7/19/2021
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Labor Law Violations ,
Rate of Pay ,
Rest and Meal Break ,
Retroactive Application ,
State Labor Laws ,
Unpaid Overtime ,
Wage and Hour ,
Wage Orders
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
In December 2020, the U.S. Department of Labor (DOL) announced a final rule (the Rule) which, according to the DOL, is intended to implement changes made by the Consolidated Appropriations Act of 2018 to Section 3(m) of the...more
2/10/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Independent Contractors ,
Minimum Wage ,
New Rules ,
Tip-Pooling ,
Tipped Employees ,
Trump Administration ,
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
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
The California Supreme Court's recent opinions in Oman v. Delta Air Lines, Inc. and Ward v. United Airlines, Inc. clarify when, and under what circumstances, employees who even occasionally work in California are entitled to...more
7/10/2020
/ Airlines ,
CA Supreme Court ,
Class Action ,
Collective Bargaining Agreements (CBA) ,
Delta Airlines ,
Labor Law Violations ,
Penalties ,
State Labor Laws ,
Traveling Employee ,
United Airlines ,
Wage and Hour ,
Wage Orders ,
Wage Statements
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
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
• 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
• 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