As we reported in September, effective January 1, 2023, employers face a host of pay disclosure and recordkeeping obligations. The DLSE, the agency in charge of implementing the new law (codified at California Labor Code section 432.3), recently published guidance on the parameters of the new law.Continue Reading California Pay Transparency Law—Recent DLSE Guidance
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Emily Burkhardt Vicente Named as ‘Go-To Thought Leader’
HuntonAK Labor and Employment partner Emily Burkhardt Vicente was named as a 2022 “Go-To Thought Leader” by the National Law Review. …
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FEHA Expanded to Include “Reproductive Health Decision-making” as Protected Category
Among the new employment laws in effect this new year is the expansion of the California Fair Employment and Housing Act (“FEHA”) to include “reproductive health decision-making” in the list of classifications protected by the FEHA. Accordingly, the FEHA now expressly prohibits discrimination, harassment, and retaliation based on employees’ reproductive health-decision-making. …
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Ninth Circuit Confirms FMCSA Preemption of California’s Meal and Rest Break Laws Applies Retroactively
In January 2021, the Ninth Circuit upheld a 2018 ruling by the Federal Motor Carrier Safety Administration (“FMCSA”), which found that federal law preempts California state meal and rest break laws as applied to drivers of property-carrying commercial motor vehicles. A few months later, the United States Supreme Court denied a petition challenging the Ninth Circuit’s decision. We previously wrote about the Ninth Circuit’s ruling, and the Supreme Court’s denial, in a post that you can read here.
Continue Reading Ninth Circuit Confirms FMCSA Preemption of California’s Meal and Rest Break Laws Applies Retroactively
New Year Brings New Privacy Laws to California Employers
The New Year usually means new laws for California employers. This year, a new privacy law goes into effect with new mandates for employers to ensure that workers have more control over the collection and use of their personal information. …
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New California Legislation Protects Workers’ Personal Marijuana Use
On September 18, 2022, California Governor Gavin Newsom signed into law Assembly Bill (“AB”) 2188, which prohibits employer discrimination based on employees’ use of cannabis off the job and away from the workplace. …
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California Expected to Adopt New Pay Disclosure Requirements for Employers
By September 30, 2022, Governor Gavin Newsom is expected to sign Senate Bill 1162, which would amend California Labor Code section 432.3, expanding employers’ pay disclosure and record keeping requirements in California.
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Update: California Legislation Proposes Extending CCPA Exemptions for HR and B2B Data
Editor’s Note: The California legislature failed to enact the proposed CCPA exemption amendments to Assembly Bill 1102.
On August 16, 2022, California Assembly Member Cooley introduced amendments to Assembly Bill 1102 that would extend the California Consumer Privacy Act’s (“CCPA’s”) temporary exemptions for HR and B2B data for an additional two years – until January 1, 2025. Under the CCPA, these exemptions are set to expire on January 1, 2023, when the amendments to the CCPA made by the California Privacy Rights Act (“CPRA”) become operative.Continue Reading Update: California Legislation Proposes Extending CCPA Exemptions for HR and B2B Data
California Legislature Votes ‘No’ On Legislative Staffer Unionization
Yesterday, a California State Assembly Committee killed a bill that would have extended collective bargaining rights to a larger group of state employees – namely, legislative staffers. Existing state law excludes certain state employees from collective bargaining. The Legislature Employer-Employee Relations Act would “provide employees of the Legislature the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations.” If passed, the bill would extend collective bargaining rights to nearly 2,000 California legislative employees. California’s Public Employment and Retirement Committee rejected the bill in a 2-3 vote this Wednesday, due to unresolved “procedural, legal, and administrative problems,” according to the Committee Chair.Continue Reading California Legislature Votes ‘No’ On Legislative Staffer Unionization
New “Close Contact” and “Infectious Period” Definitions Modify Compliance with Cal/OSHA’s COVID-19 ETS
On June 8, 2022, the California Department of Public Health (CDPH) issued an Order with definitions for “close contact” and “infectious period” that conflict and abrogate the definitions for these terms within the California Division of Occupational Safety and Health’s (Cal/OSHA) current COVID-19 Emergency Temporary Standards (ETS). Employers must comply with the new CDPH definitions, even where they differ from the text of the California ETS or federal Centers for Disease Control guidance.
Continue Reading New “Close Contact” and “Infectious Period” Definitions Modify Compliance with Cal/OSHA’s COVID-19 ETS