In 2018, the California Legislature passed a slew of bills to prevent sexual harassment in the workplace, including Senate Bill No. 1343. This bill expanded employee protections to require employers who employ 5 or more employees, including temporary or seasonal employees, to provide at least 2 hours of sexual harassment prevention training to all supervisory employees and at least 1 hour of sexual harassment prevention training to all nonsupervisory employees. These regulations previously only applied to employers with 50 or more employees. The initial deadline for providing new training to those employees not previously covered under prior state law was January 1, 2020. However, SB 778, which was passed on August 30, 2019, extended the deadline to January 1, 2021.
Archives for November 29, 2021
Corporate Transactions and Workplace Law: An Indispensable Alliance
When it comes to consolidations and restructurings, in-house counsel and the corporate law firms that support them have competing priorities to further a company’s business objectives and mitigate legal risk. Labor and employment considerations are equally critical to a successful transaction.
Kellie Thomas Discusses ACA Reporting Deadlines
Kellie Thomas discusses upcoming reporting deadlines for forms required under the Affordable Care Act in “Prepare for Upcoming ACA Reporting Deadlines in 2022,” published by SHRM.
Melanie Paul Comments on Challengers to OSHA’s ETS on Covid-19 Vaccinations and Testing
Melanie Paul comments on the implications of petitioners challenging the Occupational Safety and Health Administration’s emergency temporary standard on Covid-19 vaccinations and testing in “Constitutional Claims a Threat to Covid-19 Shot-or-Test Rule,” published by Bloomberg Law.
John Exner Comments on Olympic Favorite’s Citizenship Hurdles
John Exner comments on champion bobsledder’s citizenship case in “Kaillie Humphries, world’s best bobsledder, wants to compete for U.S. at Beijing Olympics. Here’s why she may not,” published by USA Today.
The Infrastructure Investment and Jobs Act: Key Takeaways for Employers
On November 15, 2021, President Joe Biden signed the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law.
The OSHA ETS Legal Battle Continues: Petitioners Request En Banc Review; Government Files Emergency Motion to Dissolve Stay
Multiple groups of petitioners in the newly consolidated litigation and renamed challenge to the Occupational Safety and Health Administration (OSHA) Emergency Temporary Standard (ETS), now known as the “OSHA Covid Rule Case,” No. 21-7000, MCP No. 165 (6th Cir.), have asked the court to hear the OSHA challenge en banc, with all active judges in the circuit. Multiple groups of petitioners have made or joined other groups’ requests, including a coalition of 27 states as well as the Republican National Committee (RNC).
Federal Service Contractors Should Start Preparing Now for New Biden Executive Order “Nondisplacement of Qualified Workers Under Service Contracts”
Through a new Executive Order, President Biden has revived and revamped the Obama-era requirement that successor contractors with Service Contract Act contracts hire their predecessor’s employees.
Jones Walker Labor & Employment Team Hosts 2021 Annual Employment Law Seminar Series
The Jones Walker Labor & Employment Practice Group recently hosted its annual employment law seminar series open to all firm clients. Human resources professionals and managers across the New Orleans, Jackson, and Birmingham offices attended these full day seminars focusing on several topics directly impacting employers including union organizing issues, wage and hour concerns, employee benefits, disability and leave laws, OSHA and COVID-19 vaccination mandates, protection of confidential information, and protected employee conduct.
Restaurant Industry Alert: DOL Publishes Final Rule for Tipped Employees
On October 29, 2021, the U.S. Department of Labor (DOL) published its Final Rule related to tipped employees. It is effective December 28, 2021. DOL had issued a Notice of Proposed Rulemaking (NPRM) on June 21, 2021, proposing limits on the tip credit employers can take during workweeks when tipped employees perform work that directly supports tipped work but does not itself produce tips. (See our prior Alert discussing the NPRM.)
4 Common Ways Companies Alienate People with Disabilities
Accessibility can’t be an afterthought.
Remote Work Is Failing Young Employees
Kiersten graduated from college straight into the middle of a pandemic and a precarious job market.
Workplace homophobia rises during recessions
Gay men experience increased discrimination in the labor market during times of economic recession, with significant discrepancies in pay and offers of job interviews compared to heterosexual men, according to a study by Anglia Ruskin University (ARU).
Pay Equity Tops EEOC Priorities: Former Commissioner Lipnic
Employers should stay tuned for the EEOC’s new strategic enforcement plan with new priorities, says former EEOC commissioner and acting chair Victoria A. Lipnic, in discussion with Paul Hastings partners Emily Pidot and Felicia Davis.
Republicans Deny That Older Job Applicants Need Protection From Age Discrimination
It’s called the Project Older Job Applicants Act of 2021, or POJA (H.R. 3992), and it has the potential to level the playing field for older job applicants, who for the last decade or more have found themselves turned away from jobs because of their age.
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