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Articles by Samuel J. Stone
District Court Finds Stock Awards Exempt from Regular Rate for Overtime Pay | JD Supra
The U.S. District Court for the Northern District of California recently became the first federal district court to hold that restricted stock units (RSUs) need not be included in the "regular rate" of pay used to calculate overtime under the Fair Labor Standards Act (FLSA). In Costa v.
California Enacts Mandatory Nurse-to-Patient Staffing Ratios For Acute Psychiatric Hospitals
HK Holland & Knight More Holland & Knight is a global law firm with nearly 2,000 lawyers in offices throughout the world. Our attorneys provide representation in litigation, business, real estate, healthcare and governmental law. Interdisciplinary practice groups and industry-based teams provide clients with access to attorneys throughout the firm, regardless of location.
A Look at New California Labor and Employment Laws for 2025 | JD Supra
The California Legislature has enacted several new laws that will impact the workplace in 2025. In addition to changes among various state labor and employment laws, the minimum wage will increase. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2025, unless stated otherwise. The California Legislature has enacted several new laws that will impact the workplace in 2025.
California's New Nationwide Focus On Noncompetition Agreements
Under California Senate Bill (SB) 699, a dramatic expansion of California's general ban on noncompetition and non-solicitation agreements for most employees is set to come into effect on Jan. 1, 2024. California courts have been clear that California's public policy against restraint of trade law trumps other state laws when an employee seeks employment in California, even if the employee had signed the contractual restraint while living outside the state and working for a non-California employer.
California's New Nationwide Focus on Noncompetition Agreements | JD Supra
Under California Senate Bill (SB) 699, a dramatic expansion of California's general ban on noncompetition and non-solicitation agreements for most employees is set to come into effect on Jan. 1, 2024. California courts have been clear that California's public policy against restraint of trade law trumps other state laws when an employee seeks employment in California, even if the employee had signed the contractual restraint while living outside the state and working for a non-California employer.
California's New Nationwide Focus on Noncompetition Agreements
Highlights Under California Senate Bill (SB) 699, a dramatic expansion of California's general ban on noncompetition and non-solicitation agreements for most employees is set to come into effect on Jan. 1, 2024.
NLRB Decision Restricting Broad Confidentiality/Non-Disparagement Clauses Applies Retroactively | JD Supra
April 6, 2023 To embed, copy and paste the code into your website or blog: Highlights The National Labor Relations Board's (NLRB or Board) recent decision in McLaren Macomb significantly restricts the rights of employers to offer or enforce severance and other agreements containing confidentiality and non-disparagement provisions that include overly broad waivers of rights under the National Labor Relations Act (NLRA).
NLRB Decision Restricting Broad Confidentiality/Non-Disparagement Clauses Applies Retroactively
Highlights The National Labor Relations Board's (NLRB or Board) recent decision in McLaren Macomb significantly restricts the rights of employers to offer or enforce severance and other agreements containing confidentiality and non-disparagement provisions that include overly broad waivers of rights under the National Labor Relations Act (NLRA).
Do Not Submit Your California Pay Data Yet! | JD Supra
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 employers to report labor contractors in addition to its employees (see Holland & Knight's previous alert, "California Expands Pay Data Reporting and Mandates Pay Scale Disclosures," Oct. 18, 2022).
New California Labor and Employment Laws for 2023
Highlights The California Legislature has enacted several new laws that will impact the workplace in 2023. In addition to changes among various state labor and employment laws, the minimum wage has increased. This Holland & Knight alert provides a brief summary of select employment laws that go into effect on Jan. 1, 2023, unless stated otherwise. The California Legislature has enacted several new laws that will impact the workplace in 2023.
California Expands Pay Data Reporting and Mandates Pay Scale Disclosures | JD Supra
October 19, 2022 To embed, copy and paste the code into your website or blog: [co-author: Lauren Polk ] Highlights 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 certain pay records. The law, which takes effect Jan.
U.S. Supreme Court Holds Individual PAGA Claims May Be Compelled to Arbitration
Highlights The U.S. Supreme Court issued its highly anticipated decision in Viking River Cruises, Inc. v. Moriana on June 15, 2022, holding that claims brought under the California Private Attorneys General Act (PAGA) can be split into individual PAGA claims and non-individual PAGA claims brought on behalf of other individuals, and that an employee's individual PAGA claims may be compelled to arbitration.
California Supreme Court: Meal And Rest Period Premiums Are Wages Under State Law
Highlights The California Supreme Court holds that meal and rest period premium payments for a missed, late or interrupted meal or rest break are wages for purposes of California's final pay and itemized wage statement requirements. Treating premium payments as wages for purposes of compliance with the California Labor Code has broad impact for employers and potentially enormous adverse financial consequences for noncompliance.
Things Only Adults Notice In Carmen Sandiego
× Cookies help us deliver our Services. By using our Services, you agree to our use of cookies. Learn More. Netflix By Samuel Stone/Feb. 25, 2022 11:28 am EST For decades, audiences have been entertained and educated by the exploits of Carmen Sandiego, the star of a franchise that has expanded to a line of computer games and television series.
New California Labor And Employment Laws For 2022
United States: New California Labor And Employment Laws For 2022 08 January 2022 by Linda Auerbach Allderdice , John Haney , Thomas E. Hill , Samuel J Stone , Tina Tellado and Mary T. Vu Holland & Knight Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Highlights The California Legislature has enacted several new laws that will impact the workplace in 2022.
California Employers Must Immediately Revisit Wage Premium Payment Practices Under New Ruling | JD Supra
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.
Averting Risk In Back-To-Work Vaccine And Screening Policies
By Deisy Castro, Dana Feinstein and Samuel Stone Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our weekly newsletters. Signing up for any of our section newsletters will opt you in to the weekly Coronavirus briefing.
Averting Risk In Back-To-Work Vaccine And Screening Policies
By Deisy Castro, Dana Feinstein and Samuel Stone · Deisy Castro Dana Feinstein Samuel Stone The COVID-19 pandemic rapidly changed and continues to change the nature of the workplace, requiring employers to act quickly in response. Over a year later, as more and more employees return to common workspaces and access to COVID-19 vaccines increases, employers are faced with new challenges and are being asked to justify past decisions, while trying to quickly prepare return-to-work policies.
California Establishes Immediate Right Of Recall For COVID-Related Layoffs
United States: California Establishes Immediate Right Of Recall For COVID-Related Layoffs 26 April 2021 Holland & Knight Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Highlights California Gov. Gavin Newsom has signed Senate Bill (SB) 93, legislation establishing a statewide right of recall for employees laid off due to reasons related to the COVID-19 pandemic.
California Establishes Immediate Right of Recall for COVID-Related Layoffs | JD Supra
California employers must comply with yet another California-specific law designed to address the economic impacts connected to COVID-19 pandemic closures. On April 16, 2021, California Gov.
California Reestablishes And Expands COVID-Related Supplemental Paid Sick Leave
United States: California Reestablishes And Expands COVID-Related Supplemental Paid Sick Leave 24 March 2021 by Linda Auerbach Allderdice and Samuel J Stone Holland & Knight Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. Highlights California Gov.
California Reestablishes and Expands COVID-Related Supplemental Paid Sick Leave | Lexology
Highlights California Gov. Gavin Newsom has signed SB 95, legislation reestablishing statewide supplemental paid sick leave for reasons related to COVID-19 and expanding the covered reasons that qualify an employee for the leave. Most employers with more than 25 employees will be required to provide supplemental paid sick leave to employees. The new law, which takes effect on March 29, 2021, is retroactive to Jan. 1, 2021 and sunsets on Sept. 30, 2021.
Five Tips For Life Sciences Companies To Protect Their AI Technologies | JD Supra
[co-author: Kurt Hoppmann, Law Clerk] INTRODUCTION Artificial intelligence (AI) has revolutionized many technology areas.
DOL Seeks Delay of Effective Date for Trump-Era Tip Regulations | JD Supra
Highlights In the twilight of the Trump Administration, the U.S. Department of Labor (DOL) announced a final rule (the Rule) that would allow employers to include employees who do not customarily and regularly receive tips in mandatory tip pools, provided that the employer does not take a tip credit toward minimum wage obligations.
DOL Seeks Delay Of Effective Date For Trump-Era Tip Regulations
United States: DOL Seeks Delay Of Effective Date For Trump-Era Tip Regulations 10 February 2021 by Loren Lee Forrest Jr. , John Haney and Samuel J Stone Holland & Knight Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
California Supreme Court: ABC Test For Contractors Applies Retroactively
To print this article, all you need is to be registered or login on Mondaq.com. Highlights The California Supreme Court in Vazquez v. Jan-Pro Franchising International, Inc. ruled that its decision in Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 903 (2018) (Dynamex), applies retroactively to all cases not yet final as of the date Dynamex issued on April 30, 2018.
California Supreme Court: ABC Test for Contractors Applies Retroactively | JD Supra
Highlights The California Supreme Court in Vazquez v. Jan-Pro Franchising International, Inc. ruled that its decision in Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 903 (2018) (Dynamex), applies retroactively to all cases not yet final as of the date Dynamex issued on April 30, 2018. This critical holding finally and definitively answers the open question regarding the retroactive application of the "ABC" test for determining employee vs. independent contractor status.
Cal/OSHA Issues Immediate COVID-19 Prevention Requirements For Nearly All California Employers
United States: Cal/OSHA Issues Immediate COVID-19 Prevention Requirements For Nearly All California Employers 10 December 2020 Holland & Knight Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Cal/OSHA Issues Immediate COVID-19 Prevention Requirements for Nearly All California Employers | JD Supra
Highlights The California Division of Occupational Safety and Health (Cal/OSHA) has issued emergency regulations, effective immediately, that generally require site-specific written COVID-19 prevention programs, training for employees, notification requirements and, perhaps most significantly, require providing free testing to employees in certain circumstances.
Small Businesses Must Give Family And Medical Leave To Eligible California Employees In 2021
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Small Businesses Must Give Family and Medical Leave to Eligible California Employees in 2021 | JD Supra
Highlights The California Family Rights Act (CFRA) currently provides for 12 workweeks of medical and family leave for eligible California employees at worksites with 50 or more employees within a 75-mile radius. Recently passed California Senate Bill (SB) 1383 takes effect on Jan. 1, 2021, extending CFRA's leave requirements to businesses of five or more employees, regardless of worksite size.
California Expands COVID-19-Related Paid Sick Leave in Emergency Budget Legislation | JD Supra
Highlights California Gov. Gavin Newsom on Sept. 9, 2020, signed AB 1867, immediately expanding paid sick leave protections related to COVID-19. AB 1867 closes a loophole in the federal Families First Coronavirus Response Act (FFCRA) by mandating that employers with more than 500 employees provide supplemental paid sick leave. Under the new law, certain employees may be entitled to take up to 80 hours of paid sick leave for qualifying conditions. California Gov.
California Expands COVID-19-Related Paid Sick Leave In Emergency Budget Legislation
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New California Law Excludes Some Industries From
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New California Law Excludes Some Industries from "ABC" Test for Independent Contractors | JD Supra
Highlights A new California law, Assembly Bill (AB) 2257, modifies the earlier enacted AB 5, which had a strict "ABC" test that effectively precluded many industries that traditionally relied on independent contractors from utilizing contractors, instead requiring that such contractors be classified as employees.
Twin Decisions Impact Employers with Workforces in – or Traveling to – California | JD Supra
Highlights In Oman v. Delta Air Lines, Inc., No. S248726, __ Cal. 5th __ (2020), and Ward v. United Airlines, Inc., No. S248702, __ Cal. 5th __ (2020), the California Supreme Court has answered critical unresolved questions involving the application of California law to employees who even occasionally work in California. This Holland & Knight alert addresses the Court's key holdings and the potential far-reaching consequences for both non-unionized and unionized workforces.
Twin Decisions Impact Employers With Workforces In – Or Traveling To – California - Employment and HR - United States
To print this article, all you need is to be registered or login on Mondaq.com. Highlights In Oman v. Delta Air Lines, Inc., No. S248726, __ Cal. 5th __ (2020), and Ward v. United Airlines, Inc., No. S248702, __ Cal. 5th __ (2020), the California Supreme Court has answered critical unresolved questions involving the application of California law to employees who even occasionally work in California.
Preliminary Injunction Bars Enforcement of AB 5 Against Motor Carriers Operating in California | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Preliminary Injunction Bars Enforcement Of AB 5 Against Motor Carriers Operating In California
To print this article, all you need is to be registered or login on Mondaq.com. The U.S. District Court for the Southern District of California has issued a preliminary injunction enjoining the enforcement of the "ABC test" for independent contractor status as to any motor carrier operating in California, pending the entry of final judgment in the action.
New California Law Codifies – and Expands – Strict ABC Test for Independent Contractor Status | JD Supra
Highlights Effective Jan. 1, 2020, California Assembly Bill (AB) 5 codifies the strict Dynamex "ABC" test for independent contractor classification. AB 5 expands the reach of the "ABC" test to all wage and hour Labor Code violations, as well as unemployment insurance and workers' compensation. There are numerous exemptions from the "ABC" test, and each exemption has its own set of complex requirements. California Gov. Gavin Newsom signed Assembly Bill (AB) 5 into law on Sept.
Ninth Circuit: Dynamex "ABC" Test Unquestionably Applies Retroactively | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
California Update: FEHA Regulations Expand Protections Based on National Origin - Also Effective July 1, Minimum Wages Raised for Employees in Several Cities, Counties | Holland & Knight LLP - JDSupra
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Emerging Trends in False Claims Act Enforcement: 2018 Outlook
While financial recoveries under the federal False Claims Act (FCA) continued at a fast pace last year, the U.S. Department of Justice (DOJ) started 2018 with a proverbial "bang" by issuing new internal guidance directing government lawyers to consider filing motions to dismiss FCA qui tam actions where the government declines to intervene.
Human Resources, Staffing & Employment: A Holiday Stocking for California Businesses - Treats or Lumps of Coal Heading into 2018
In 2018, California businesses will continue to face an array of challenges in the workplace arising from new state laws, on-going compliance with wage and hour and EEO laws, and managing threats of litigation from regulatory agencies and private litigation. This article highlights some of these key challenges. NEW CALIFORNIA STATE LAWS THAT WILL AFFECT THE WORKPLACE IN 2018 Below are highlights of select California state laws that will affect the workplace in 2018.
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