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How Large Employers Can Prepare for CCPA/CPRA Obligations for “HR Data” in 2022

Get ready, large employers. After years of amendments exempting the personal information of employees and other personnel from the California Consumer Privacy Act (“CCPA”), covered employers now have a firm deadline by which...more

Missed Meal Period Penalty Must Include Adjustment for Nondiscretionary Payments

In a unanimous opinion in Ferra v. Loews Hollywood Hotel, the California Supreme Court ruled on the important practical question of whether the “regular rate of compensation” for calculating meal or rest break premium...more

Vaccine Status is a Protected Trait in Montana

On May 7, 2021, Governor Greg Gianforte signed House Bill 702, which prohibits discrimination based on vaccination status or possession of an immunity passport. Specifically, the Act makes it unlawful for employers to refuse...more

Mandating COVID-19 Vaccinations in the Workplace: Practical Considerations for Employers

With the United States experiencing the largest surge in cases since the COVID-19 crisis began, the Food and Drug Administration (“FDA”) recently granted emergency-use authorization of Pfizer’s and Moderna’s COVID-19...more

Weed & Work: As Legalization Spreads, So Does Uncertainty Over Employers’ Duty to Accommodate Marijuana Use

When it comes to marijuana, the legal landscape is changing rapidly. Ten states, including California, have legalized recreational use. In more than twenty other states, some form of medical marijuana is legal....more

Employers: Take Precautions Now to Prepare for the Potential Ebola Threat

As a general business practice, employers should routinely anticipate and prepare for emergencies to ensure minimal interruption to their business. While West Africa is experiencing the largest Ebola epidemic in history,...more

QUIRKY QUESTION # 224, The De Minimis Defense to Off the Clock Work Claims

We have an employee who is claiming that he should be paid for time cleaning up his work station after logging out of our electronic time keeping system each night. Literally, he spends one or two minutes straightening his...more

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