Following delays due to the COVID-19 pandemic, the California Division of Occupational Safety and Health (Cal/OSHA) has finally revisited its indoor heat illness prevention standard (the Standard)....more
4/18/2023
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employee Training ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Litigation ,
Employment Policies ,
Heat Exposure ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
In February 2023, the National Labor Relations Board (NLRB or the Board) ruled in McLaren Macomb, 372 NLRB No. 58 (2023), that employee severance agreements with overly broad confidentiality and nondisparagement provisions...more
Under a newly issued decision by the National Labor Relations Board (NLRB or the Board), “an employer violates Section 8(a)(1) of the [National Labor Relations] Act when it proffers a severance agreement with provisions that...more
2/28/2023
/ Confidentiality Agreements ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
NLRA ,
NLRB ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
Section 7 ,
Severance Agreements
The Seattle City Council became the first U.S. jurisdiction to identify caste as a protected class under its Human Rights Code on February 21, 2023, when it passed CB 120511, “An Ordinance Relating to Human Rights; Including...more
Multiple new laws took effect in Washington at the beginning of the year, including several that increased the minimum wage in various locations across the state. ...more
The Illinois legislature, on January 10, 2023, passed the Paid Leave for All Workers Act (PLFAW), which Governor Pritzker announced he will sign into law. Should the bill be enacted, Illinois would become the third state...more
U.S. President Joe Biden signed the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) into law on December 29, 2022. This combined legislation aims to bridge...more
The Federal Trade Commission (FTC) announced its proposal of a new rule on January 5, 2023, that would ban employers from imposing noncompete clauses on their workers and invalidate all existing noncompetes currently in...more
1/10/2023
/ Biden Administration ,
Competition ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Non-Compete Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Unfair Competition
The National Labor Relations Board (the Board) released its notice of proposed rulemaking (Proposed Rule) to establish a new “joint employer” legal standard under the National Labor Relations Act (NLRA) on September 6, 2022....more
12/29/2022
/ Employee Benefits ,
Employees ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Proposed Rules ,
Public Comment ,
Regulatory Reform ,
Supervision ,
Unions ,
Wages ,
Workplace Safety
It has never been more important to conduct quality workplace investigations. Workers are demanding more of their employers, and demanding answers as well. Often, however, employers begin workplace investigations without...more
Recent news has shined a spotlight on the legal consequences of mass layoff situations. Employers should take steps now to prepare for possible reductions in their workforce. By being aware of the potential pitfalls and legal...more
The Washington Employment Security Department (ESD) has recently been auditing Seattle restaurants, resorts, hotels, and nightclubs and claiming that, under Washington law, their musicians (such as solo artists, pianists, and...more
The California Department of Public Health (CDPH) is an authority on public health policy in California. CDPH issues recommendations regarding isolation and quarantine periods for persons infected with or exposed to COVID-19....more
With congressional, state, and local elections fast approaching on November 8, employers should ensure that their supervisors and human resource departments understand applicable election-related leave laws. While there is no...more
As part of more than 100 new pieces of legislation, on September 29, 2022, California Governor Gavin Newsom signed AB 1949. Effective January 1, 2023, AB 1949 adds section 12945.7 to the Government Code to require employers...more
Washington Governor Jay Inslee will end the statewide COVID-19 emergency declaration on October 31, 2022, and rescind all remaining COVID-19 emergency proclamations. Despite the governor’s action, however, Washington’s Health...more
After more than a year of delays and revisions, the long-awaited Ban on Non-Compete Agreements Amendment Act of 2020 (the Act) took effect beginning October 1, 2022, following the passage of the Non-Compete Clarification...more
Many San Francisco employers have faced new requirements to comply with the city’s amended Family Friendly Workplace Ordinance (FFWO), which went into effect on July 12, 2022, to provide flexible or predictable working...more
Seattle’s new Independent Contractor Protections Ordinance (the Ordinance) took effect on September 1, 2022. The law requires certain employers to provide independent contractors with disclosures both before entering a...more
The Creating a Respectful and Open World for Natural Hair Act (the CROWN Act or the Act) went into effect in Louisiana on August 1, 2022. The CROWN Act prohibits employment discrimination based on hairstyles and hair textures...more
The National Labor Relations Board (NLRB) and the Federal Trade Commission (FTC), on July 19, 2022, jointly issued a memorandum of understanding (MOU) regarding information sharing, cross-agency training, and outreach of...more
8/2/2022
/ Employee Training ,
Employer Liability Issues ,
Employment Litigation ,
Federal Trade Commission (FTC) ,
Gig Economy ,
Information Sharing ,
Memorandum of Understanding ,
NLRA ,
NLRB ,
Unfair Competition ,
Unfair Labor Practices
Earlier this year, Washington Governor Jay Inslee signed into law amendments to the state’s Paid Family and Medical Leave Act (PFML Amendments), which permit additional paid leave opportunities for new parents. The PFML...more
7/14/2022
/ Employee Handbooks ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Family Medical Leave ,
Governor Inslee ,
New Amendments ,
New Legislation ,
Paid Family Leave Law ,
State and Local Government ,
Washington
With summer underway, employers in the state of Washington are reminded to follow the state’s new emergency outdoor heat exposure rules, which went into effect on June 15, 2022. These rules apply through September 29, 2022,...more
7/7/2022
/ Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Heat Exposure ,
Labor Reform ,
New Rules ,
Regulatory Agenda ,
Regulatory Standards ,
Rulemaking Process ,
State and Local Government ,
State Legislatures ,
Washington ,
Workplace Hazards ,
Workplace Safety
Ohio’s new firearm law, Ohio Senate Bill 215, went into effect on June 13, 2022, permitting all qualifying adults to legally carry, possess, or conceal a handgun that is not a restricted firearm without a license, background...more
The U.S. Equal Employment Opportunity Commission (EEOC) issued guidance on May 12, 2022, regarding the use of software, algorithms, and artificial intelligence (AI) in assessing job applicants and employees. The EEOC’s...more