The Occupational Safety and Health Administration’s (OSHA) COVID-19 rulemaking process has been quiet for a while, but recent activity appears to indicate we are now entering the final phase of a permanent COVID-19 standard for healthcare.
Archives for January 6, 2023
California’s New Pay Transparency Law: Pay Data Reporting Obligation Changes for 2023
California recently enacted a landmark pay transparency law that requires employers to disclose pay ranges in job postings, joining a growing number of states and municipalities that impose such requirements aimed at improving pay equity. But beyond the pay scale requirements, Senate Bill (SB) 1162, signed in September 2022 by
Long-Awaited Fall Regulatory Agenda Provides Glimpse of Administration’s Regulatory Goals
Federal agencies released their regulatory agenda for the coming months. Final rules expected to be issued in 2023 include the NLRB’s on joint employment and revised election procedures; the DOL’s on independent contractors Act and “persuader” reporting; and OSHA’s on injury and illness recordkeeping and occupational exposure to
FTC Proposes Rule Banning Non-Competes
Proposed FTC rule would effectively ban all non-compete agreements with limited exceptions. The proposed rule would also apply to non-compete agreements already in effect and supersede state laws that are less protective of the employee.
Cal/OSHA ETS Provisions Remain Briefly in Effect Until OAL Approval Process for Non-Emergency Regulation is Complete
The non-emergency COVID regulation adopted by the Cal/OSHA Standards Board at its meeting on December 15, 2022, will not become effective until approved by the Office of Administrative Law (OAL), which is expected to occur in January 2023.
USCIS Proposes Fee Increases
Hoping to recover some of its operating costs, reduce backlogs, and reestablish timely case processing, USCIS is proposing to adjust its fees for the first time since 2016.
The proposed rule is predicted to generate close to an additional $2 billion per year, on average, for USCIS by keeping humanitarian
FTC Proposes Rule Broadly Banning Use of Non-Compete Agreements
The Federal Trade Commission (FTC) has issued a Notice of Proposed Rulemaking to broadly ban the use of non-compete covenants throughout the country. The proposed rule, which would supersede all contrary state laws, would extend to “de facto” non-compete clauses, i.e., contractual provisions that have the effect of prohibiting workers from seeking or accepting employment
Beltway Buzz, January 6, 2023
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
Upcoming Changes in California’s Law Regarding Criminal Background Checks
California’s Civil Rights Council has issued draft revisions to FEHA regulations governing an employer’s use and consideration of a job applicant’s criminal history in making employment decisions. In light of these expected changes, California employers that use criminal records to vet candidates should consider a privileged review of
New York State’s Requirement to Provide Workplace Notices and Posters Electronically: What Employers Need to Know
In an acknowledgement of the increase in remote work, on December 16, 2022, New York State Governor Kathy Hochul signed into law Senate Bill S6805, which amends section 201 of the New York Labor Law to require New York State employers to make available electronically notices and posters that are
FTC Issues Proposed Rule to Ban Non-Competes: Is This the End for Such Agreements?
On January 5, 2023, nearly eighteen months after President Biden signed an executive order directing the Federal Trade Commission (FTC) chair to “consider working with the rest of the Commission to exercise the FTC’s statutory rulemaking authority … to curtail the unfair use of non-compete clauses and other clauses or
New Jersey Contractor Sued for Retaliation Against Employees Who Raised Concerns about Discrimination and Fraud
A new lawsuit filed in New Jersey paints a troubling picture of retaliation that allegedly took place at a pipeline infrastructure management company. Three former workers are suing Progressive Pipeline Management, a contractor of pipeline renewal services, for front and back pay, in addition to punitive and compensatory damages resulting
Littler Shareholder Erik Johnson Named Executive Program Director of Littler CaseSmart and Littler onDemand
(January 6, 2023) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that shareholder Erik C. Johnson has been named Executive Program Director of Littler CaseSmart (LCS) and Littler onDemand (LoD).
Recent Highlights in Immigration Compliance
As we enter the new year, it is helpful to look back on recent news in the world of immigration compliance:
As J-1 Host Organizations, Businesses Can Hire Qualified Foreign STEM Students, Graduates
The Biden-Harris Administration has taken steps to enhance the ability of U.S. STEM (science, technology, engineering, and math) businesses to hire qualified foreign students and graduates as exchange visitors. Interested STEM businesses could become Host Organizations for J-1 Visa Exchange Visitors.
In a statement released by the White House, STEM
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