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Cal/OSHA Standards Board Approves Employee IIPP Access Rule

As previously addressed by the OSHA Law Blog, California’s Occupational Safety and Health Standards Board (“Standards Board”) considered a proposed standard that would allow employee access to their employer’s Injury and Illness Prevention Plan (“IIPP”). During its January 16th, 2020 meeting the Standards Board approved the proposed rule, which is now expected to take affect on January 1, 2021.

Cal/OSHA Standards Board Approves Employee IIPP Access Rule

As previously addressed by the OSHA Law Blog, California’s Occupational Safety and Health Standards Board (“Standards Board”) considered a proposed standard that would allow employee access to their employer’s Injury and Illness Prevention Plan (“IIPP”). During its January 16th, 2020 meeting the Standards Board approved the proposed rule, which is now expected to take affect on January 1, 2021.

Plaintiffs’ Bar Seeks to Expand Reach of California’s Dynamex Decision and ABC Test to Franchising, Joint Employment

The battle over the scope and applicability of the so-called “ABC test” in determining California employers’ potential liability under wage and hour and other state labor laws continues unabated. On January 21, 2020, plaintiffs in a case under review asked the Supreme Court of California to define the scope of the test broadly, and to apply it across a broader range of laws.

Employers Consent to Cal/OSHA Inspection Deemed Voluntary Despite a Cavalcade of California Officials Descending on the Workplace

Recently, the California Court of Appeal reviewed an appeal regarding citations issued against a sheet metal company, Nolte Sheet Metal in Nolte Sheet Metal, Inc. v. Occupational Safety and Health Appeals Board.

California Supreme Court Grants Review of Dynamex Retroactivity – Again

On Wednesday, January 15, 2020, the California Supreme Court agreed to review a second case raising questions as to the scope and retroactivity of its landmark 2018 Dynamex decision.

California’s Expanded Red Flag Law Empowers Employers to Seek Gun Violence Restraining Orders; Other States May Follow Suit

More states are enacting so-called “red flag laws,” which allow certain entities and/or individuals to obtain restraining orders to remove firearms from an individual deemed by the courts to be a threat to themselves or others. While the first red flag law went into effect decades ago—Connecticut enacted the first iteration of such a law in 1999—over the years, they have become both broader and more pervasive. As red flag laws proliferate, the role of employers in the application process for gun violence protection orders is likely to expand.

New and Updated California Workplace Safety Regulations Expected in 2020

The California Occupational Safety and Health Standards Board continues to have a multitude of draft regulations on its plate for this coming year. Employers and trade groups will have the opportunity to influence California’s new workplace safety regulations at the advisory committee level and by attending the monthly Standards Board meetings, which will occur throughout the state. Here we highlight some of the most critical updates for California employers.

U.S. District Court Grants Preliminary Injunction Against Enforcement of AB 5: Truckers Can Keep Trucking as Independent Contractors in California

Earlier this week, the Southern District heard arguments regarding the grant of a preliminary injunction to prevent the enforcement of Assembly Bill 5 (“AB 5”) against motor carriers operating within California.

Temporary Restraining Order Remains In Place After Hearing on the California Trucking Association’s Request for Injunction

On the eve of the Assembly Bill 5 (“AB 5”) effective date, Judge Roger Benitez granted the California Trucking Association’s (“Association”) request for a Temporary Restraining Order to prevent enforcement of the law which the Association argued requires truckers to be classified as employees instead of independent contractors.

Federal Court Leaves TRO in Place Staying the Enforcement of AB 5 Against Motor Carriers

On January 13, 2020, U.S. District Court Judge Roger T. Benitez left in place a temporary restraining order (TRO) enjoining the enforcement of California’s Assembly Bill (AB) 5 as to motor carriers operating in California.
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