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CCPA: Employee Personal Information on the Chopping Block

How will the California Consumer Protection Act (CCPA) apply to us? This is a question 0rganizations have asked since the CCPA was first proposed. There remains a number of important questions about the scope of the Golden State’s sweeping privacy law that still need to be answered.

CAL/OSHA Proposes Emergency Regulation on Protection from Wildfire Smoke

In response to the dangerous levels of air quality last fall after the wildfires in Northern and Southern California, the California Division of Occupational Safety and Health (Cal/OSHA) has issued a proposed regulation addressing hazardous wildfire smoke exposure.

California Bill Would Prohibit Employment Race Discrimination Based on Hairstyles

A measure currently pending in the California Legislature, and garnering wide bipartisan support, would provide that prohibited employment discrimination based on race under the Fair Employment and Housing Act (FEHA) also includes discrimination based upon hair texture and hairstyles. If enacted into law, this bill will require California employers to re-evaluate workplace grooming standards applicable to their work sites in order to ensure compliance with the law.

CAL/OSHA Proposes Emergency Regulation on Smoke-Protection after Destructive Wildfire Season

In the wake of the most destructive wildfire season in California history, California’s Department of Industrial Relations, Division of Occupational Safety and Health (“DOSH”), has issued a proposed emergency regulation intended to protect workers from wildfire smoke. On April 15th, 2019, DOSH released the proposed regulation and scheduled a hearing to discuss the regulation for May 8th, 2019 in Oakland.

Bill Which Would Expand the CCPA Private Right of Action Moves Forward

As we reported, in late February, California Attorney General Xavier Becerra and Senator Hannah-Beth Jackson introduced Senate Bill 561, legislation intended to strengthen and clarify the California Consumer Privacy Act (CCPA).

Employer Prevails In FCRA Class Action In California

On April 15, 2019, a California Court of Appeal affirmed summary judgment for the employer in an action alleging class-wide violations of the hyper-technical provisions of the federal Fair Credit Reporting Act (FCRA).1 Following just shortly after the Ninth Circuit’s pro-employee opinion in a similar case, Gilberg v. California Check Cashing Stores, the court’s opinion is a welcome development for embattled employers in California.2

Proposed Amendment to California Consumer Privacy Act Would Exclude Employees

As the January 1, 2020, effective date for the California Consumer Privacy Act (CCPA) draws closer, California lawmakers are still attempting to refine the law. In the latest proposed amendment, Assembly Bill 25, employees and job applicants are specifically excluded from the definition of “consumer” under the CCPA. The proposed amendment states the following:

San Diego Attorneys Discuss Managing Brewery Employees in Era of Legalized Marijuana

In their bylined article for Beverage Master titled “Crafting Marijuana Policies? Managing Employees in the Wake of Legalized Marijuana,” San Diego Partner Amy L. Lessa and Associate Nicole E. Stenoish discuss how craft breweries can comply with conflicting state and federal laws on marijuana. Amy and Nicole explain that many employers are questioning whether to revise their workplace marijuana policies and practices, and they provide three key issues employers should keep in mind when determining the best marijuana policies for their workplace.

California Wage & Hour Update (No. 2, April 2019)

The federal appeals court that oversees cases arising from California recently handed down an opinion that helps provide guidance to those employers trying to comply with collective bargaining agreements while simultaneously being challenged to apply potentially inconsistent definitions in California’s overtime law.

California Bill Would Expand Definition of Race to Include Hairstyle

California Senate Bill (SB) 188 seeks to provide a broader definition of “race” in California’s anti-discrimination law. The bill defines “race” as “inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.” The bill is expected to become law, and employers may want to plan accordingly.