(Source: CDF Labor Law LLP by Leigh A. White – August 9, 2023) Changes to the Fair Employment and Housing Act (FEHA) regulations that govern how employers can use information about criminal history in employment decisions go into effect on October 1, 2023. These...
Latest Blogs
California Bill Seeks to Ban Caste-Based Discrimination State-Wide
(Source: Littler by Joy C. Rosenquist, Alyesha Dotson, and Gabe Malouf- July 28, 2023) California Senate Bill 403 would include “caste” under the protected category of “ancestry” in the state’s anti-discrimination statutes. If enacted, this bill would be the first...
Cal/OSHA Standards Board Approves Declaring an ETS for Silica Exposure
(Source: Jackson Lewis by Sean Paisan - July 25, 2023) On July 20, 2023, the Cal/OSHA Standards Board approved declaring an Emergency Temporary Standard (ETS) for Respirable Crystalline Silica (silica). The Silica ETS will require the fabricated stone industry to...
Businesses Covered by the California Consumer Privacy Act May Receive Inquiry from the California Attorney General
(Source: Jackson Lewis by Jason C. Gavejian, Joseph J. Lazzarotti, Damon W. Silver, Mary T. Costigan, Sean Paisan & Robert Yang - July 14, 2023) Though enforcement of the California Privacy Rights Act (CPRA), which amended the currently-paused California Consumer...
Navigating the Federal Contractor TikTok Ban
(Source: Jackson Lewis by By Laura A. Mitchell & Scott M. Pechaitis - July 11, 2023) A new Federal Acquisition Regulation (FAR 52.204-27) enacted in June 2023 requires companies with covered contracts to ban the use of TikTok and other apps developed by ByteDance...
California Consumer Privacy Act Enforcement Delayed Until March 2024
(Source: Ogletree Deakins by Benjamin W. Perry – July 7, 2023) In an unexpected turn of events, a California court postponed enforcement of the new California Consumer Privacy Act (CCPA) regulations until March 29, 2024. The court’s final decision came at the...
Employer Summer Prep Should Include Reviewing Your Heat Illness Prevention Plan
(Source: Jackson Lewis California Workplace Law Blog by Joshua M. Henderson & Sean Paisan - June 28, 2023) As Summer starts to heat up, employers with outdoor worksites should review their Heat Illness Prevention Plan (HIPP) compliance under Cal/OSHA’s outdoor...
OSHA Signals Compliance Inspection Changes
(Source: Ogletree Deakins by John D. Surma and David B. Walston – June 20, 2023) Rulemaking to Broaden the Scope of Who Is Permitted to Accompany Compliance Officers During Worksite Inspections In February 2013, during the early months of the second term of the Obama...
Independent Contractor Test Modified by the National Labor Relations Board (NLRB)
(Source: Ogletree Deakins by Greg Guidry, Eric C. Stuart, and Zachary V. Zagger – June 14, 2023) On June 13, 2023, the NLRB overruled its 2019 independent contractor standard, which focused on whether workers have “entrepreneurial opportunity,” and returned to a...
Important Updates on Non-Compete Employment Agreements
(Source: CDF Labor Law by Dan M. Forman – June 6, 2023) Following the Federal Trade Commission’s (“FTC”) rulemaking process that will restrict non-compete agreements in many employment relationships, employers may be relieved to learn that the FTC is not expected to...
Marijuana Has Been Legalized in the Majority of States, but OSHA’s Post-Incident Drug-Testing Guidance Hasn’t Changed
(Source: Ogletree Deakins by Wayne E. Pinkstone and John D. Surma – May 30, 2023) As of May 1, 2023, marijuana had been legalized for medicinal or recreational use, or both, in 38 states. Some 35 - 55 million Americans report using marijuana two or more times per...
What Employers Can Do About the Rise in Workplace Violence
(Source: Jones Walker LLP by Jane Henican Heidingsfelder and Jacob J. Pritt.) At an alarming rate, and more often now seen on the news, we are seeing reports of mass shootings and other acts of violence. These incidents affect all aspects of our lives, but they are...