On January 25, 2022, OSHA withdrew the COVID-19 vaccination and testing Emergency Temporary Standard (“ETS”), ending the litigation regarding the OSHA vaccine mandate.
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EEOC, DOL, and NLRB Announce Joint Initiative to Protect Workers from Retaliation for Exercising their Rights in the Workplace
On November 10, 2021, three federal agencies tasked with enforcing workplace laws announced a joint initiative to combat retaliation in the workplace. As a refresher, the EEOC protects a worker’s right under Title VII and other non-discrimination laws to enjoy a workplace free from harassment and discrimination. The DOL enforces federal labor standards per the Fair Labor Standards Act, as well as health and safety regulations through OSHA. The NLRB generally protects a worker’s right to organize to improve working conditions, among other rights guaranteed by National Labor Relations Act.
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California Employment Law 2021 Update
California has enacted a number of new laws. The following are the most significant changes that California employers can expect as we move into the new year.
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DOL Issues New Guidance Regarding Remote Work and Eligibility for Childcare Leave On a Child’s Remote Learning Days
Last week, the Department of Labor provided clarity regarding issues of remote work and remote learning.
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Giving Your Heart Away in the Golden State : California Extends Leave Time for Organ Donors
Effective January 1, 2020, organ donors in California are entitled to an additional 30 business days of unpaid leave. AB 1223 extends the maximum leave time available to employees who participate in an organ donation program. This law applies to private employers with 15 or more employees.
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New Guidance Issued by the EEOC as to Nonbinary Gender Employees
The EEOC recently published guidance under its FAQ page regarding the question of how to report nonbinary gender employees on the annual EEO-1 report. The EEO-1 report is a yearly survey that employers must complete and submit to the agency which requires the employer to identify characteristics of its workforce such as race/ethnicity and sex. This survey does not allow the employer or the affected employee to abstain from responding, which creates difficult decisions for the employer who must fill-in-the-blank when an employee declines to self-identify.
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OSHA Eliminates Electronic Submission Requirement for Certain Workplace Injuries and Illness Forms, Citing Concerns for Employee Privacy
Last August, we reported on OSHA’s proposed rulemaking regarding electronic submissions of workplace injuries and illnesses in our blog entitled, “OSHA Issues Proposed Rule Regarding Electronic Submission Requirements.” OSHA has since issued a final rule which became effective on February 25, 2019. The new rule rescinds the requirement that employers with 250 or more employees, or employers in certain high-hazard industries, electronically submit information from OSHA Form 300 (Log of Work-Related Injuries or Illnesses) and OSHA Form 301 (Injury and Illness Incident Report).
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New Provision Added to the California Labor Code Protecting Employers of Emergency Service Workers
In the recent election, Californians voted to add an employer-friendly provision to the Labor Code that allows emergency ambulance workers to be on-call during breaks. California is one of 24 states that allow voters to initiate laws through the petition process.
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“No Rehire” Language in Settlement Agreement Found Unlawful Where Not Narrowly Tailored
When negotiating a settlement agreement in an employment dispute, “no rehire” language is often a standard term. This language typically bars the litigating employee from seeking re-employment with the former employer. However, in California, at least one “no rehire” provision was invalidated because it was not narrowly tailored to the employer at issue.
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California’s Department of Fair Employment and Housing Will Study Local Enforcement of State Employment Anti-Discrimination Law
There may be some changes coming to how California enforces its antidiscrimination law, the Fair Employment and Housing Act. In February 2017, a bill was introduced in the California Senate proposing to allow local government entities to enforce antidiscrimination statutes.
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