The Occupational Safety and Health Administration’s (OSHA) bloodborne pathogens standard, 29 C.F.R. § 1910.1030, requires employers having employees with “occupational exposure to blood or other potentially infectious materials” to develop written exposure control plans designed to eliminate or minimize employee exposure.
Articles Discussing Labor And Employment Law In All Fifty Us States And Puerto Rico.
New York Bars Discipline for Legally Protected Employee Absences
Federal Preemption of California’s Meal and Break Laws for Interstate Motor Carriers Applies Retroactively
In early 2021, the 9th Circuit upheld federal preemption of California’s meal and rest break laws for interstate motor carrier drivers, in the consolidated case of International Brotherhood of Teamsters v. Federal Motor Carrier Safety Administration. In that matter, the 9th circuit held the Federal Motor Carrier Safety Administration (FMCSA)’s determination
New Year, New Minimum Wages for California
2023 was supposed to be the year that all California employers would be subject to the same minimum wage of $15.00 per hour. However, inflation has triggered a further increase. Effective January 1, 2023, the state minimum wage for all California employers will be $15.50.
Some cities and counties raised
Maryland’s New Harassment Definition and Extended Tolling Period Pose Increased Challenges for Employers
Two recent developments out of Annapolis pose new challenges for Maryland employers confronted with claims of harassment. Effective October 1, 2022, Maryland’s employee-friendly Senate Bill (S.B.) 450 and S.B. 451 lowered the applicable legal standard required to establish a harassment claim and extended the period within which a person may
Class Actions for Tuition Refunds Based on COVID-19 Pandemic Closure? Ohio Appeals Court Weighs In
College life was just one of the many things affected by the COVID-19 pandemic. Schools around the country were forced to close academic buildings, residence halls, and other campus facilities and to pivot to online instruction to ensure the safety of students, faculty, and staff.
Minnesota Set to Increase Minimum Wage Rates in 2023, Minneapolis and St. Paul Also Raising Minimum Wage Rates
Every year, the commissioner of the Minnesota Department of Labor and Industry announces the inflation-adjusted minimum wage rate.
The City of Los Angeles Passes Retail Fair Workweek Ordinance
Today, November 29, 2022, the Los Angeles City Council passed the Fair Work Week Ordinance on the second reading. The ordinance now goes to the mayor for final approval. If approved by the mayor, it will take effect on April 1, 2023.
Covered Employers
Under the ordinance, covered employers are
An Employer’s Guide to New York State’s New Lawful Absence Law
On November 21, 2022, New York State Governor Kathy Hochul signed into law Bill A8092B (the “lawful absence law”), which amends Section 215 of the New York Labor Law (NYLL), to prohibit employers from disciplining employees who take legally protected time off from work.
CDF’s California Labor & Employment Law Blog Listed on Feedspot’s Top Blog List
By: CDF’s California Labor & Employment Law Blog Listed on Feedspot’s Top Blog List
By: CDF’s California Labor & Employment Law Blog Listed on Feedspot’s Top Blog List
By: CDF’s California Labor & Employment Law Blog Listed on Feedspot’s Top Blog List
By: CDF’s California Labor & Employment Law Blog Listed on Feedspot’s
Pay Scales Now Required in Most Job “Postings”
In this episode, Jen discusses SB 1162. The new law requiring employees with 15 or more employees to include “pay scales” in all job postings.
New York Student-Athletes Benefit From Their Name, Image, and Likeness Under New Law
The “New York Collegiate Athletic Participation Compensation Act” (S.5891-F/A.5115-E) allows New York college athletes to receive compensation for their name, image, and likeness (NIL) without losing their scholarships or eligibility. It also allows these players to use an attorney or agent for business deals without punishment.
Noncompete News Alert: Update to Washington, D.C. Ban on Noncompete Agreements
D.C. Noncompete Ban, Years in the Making: On January 25, 2021, FordHarrison published a Legal Alert indicating that Washington, D.C. would soon implement a ban on noncompete agreements. As noted, the Ban on Non-Compete Agreements Amendment Act of 2020 was considered one of the most far-reaching prohibitions on noncompete agreements in the country. However, feedback from the business community prompted the D.C. Council to revisit the Act, delaying its implementation. Finally, the D.C. Non-Compete Clarification Amendment Act of 2022 (the “Amendment”) went into effect on October 1, 2022. This newly amended version, while less far-reaching, is still a significant ban on the use of noncompete agreements and includes important changes that every D.C. employer should know.
Invasion of Privacy Lawsuits Will Be On The Rise In California Where Employers Use Monitoring/Tracking Technology
Employee monitoring and tracking technologies implemented to ensure remote employee productivity for remote work during the COVID-19 pandemic need to be handled carefully. California employers seeking to learn whether employees surfed the internet or posted to social media for non-work purposes have increasingly used a variety of technologies, including keystroke monitors and other productivity software on phones and laptops, GPS trackers on work computers and work vehicles, and website monitoring on computers to monitor employees’ activities. Some employers monitor logins, activity on messaging, and collaborative programs and applications such as Slack, Google Workspace, Microsoft Teams, and Microsoft Office to track employees’ work time.
The Electronic Communications Privacy Act of 1986 (EPCA), passed by Congress, is the federal law that governs the monitoring of electronic communications in the workplace. The Act prohibits employers from intentionally intercepting and monitoring their employees’ work communications. However, there are some exceptions that allow employers to get around the Act. The first is the Business Purpose Exception, which permits employers and companies to intercept their employees’ work communications, when the company can prove that a legitimate business purpose exists. The second exception is when the employer receives consent from their employee allowing the monitoring and intercepting of the employee’s oral, wire, and electronic work communications. Employers often seek written consent during the orientation process as part of the onboarding documents.
New Cal/OSHA Non-Emergency COVID-19 Regulation Likely Effective on January 1, 2023
As you may recall, the Cal/OSHA Standards Board met on November 17, 2022, to discuss whether to revise the proposed non-emergency COVID-19 regulation that the Board will vote to approve at its next meeting on December 15, 2022.
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