The California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020, is considered the most expansive state privacy law in the United States. Organizations familiar with the European Union’s General Data Protection Regulation (GDPR), which became effective on May 25, 2018, certainly will understand CCPA’s implications. Perhaps the best known comprehensive privacy and security regime globally, GDPR solidified and expanded a prior set of guidelines/directives and granted individuals certain rights with respect to their personal data. The CCPA seems to have spurred a flood of similar legislative proposals on the state level.
Articles Discussing General Workplace Issues in California.
California employment law is changing once again. By January 1, 2020, an employer having five or more employees will be required to provide at least one hour of sexual harassment training to all of its employees, once every two years. The training will be required to start within six months of the employee’s assumption of a position.
Bruce Sarchet and Corinn Jackson with Littler’s Workplace Policy Institute review the key labor and employment measures introduced this year in the California legislature. Lawmakers have filed bills on a wide range of topics, from independent contractor classification to hairstyle discrimination – and beyond! Bruce and Corinn break down the most significant pending bills, identifying practical ramifications for employers and offering insights into the legislative history and process.
By now, most employers should be aware of the California Healthy Workplaces, Healthy Family Act which went into effect in 2015. Under California law, all employers (with very few exceptions), must allow employees to use up to 3 days or 24 hours of paid sick leave in a 12-month period. However, what many employers do not know is that several cities within the State of California have their own paid sick leave requirements, many of them more stringent than those required under the state law.
California courts have been busy since the start of the new year issuing decisions that affect employers with California employees. Here’s an update on the most significant of these decisions and how they impact employers and their policies and practices.
On February 25, 2019, 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), which was enacted in June of 2018. If enacted, this would be the second amendment to the CCPA, following an earlier amendment in September of 2018 that Governor Jerry Brown signed into law Senate Bill 1121, which also clarified and strengthened the original version of the law.
What is CalSavers?
The International Brotherhood of Teamsters, Local 2785 has filed a petition for review to the Ninth Circuit Court of Appeals on the Federal Motor Carrier Safety Administration’s (FMCSA) determination that California’s meal and rest break rules are preempted as applied to drivers of commercial motor vehicles (CMVs) subject to the FMCSA’s hours-of-service (HOS) regulations. This primarily involves interstate truck drivers and some intrastate drivers who meet certain criteria under the HOS regulations who drive CMVs. The Teamsters are seeking to reverse the Agency’s administrative determination.
Data privacy and security regulation is growing rapidly around the world, including in the United States. In addition to strengthening the requirements to secure personal data, individuals are being given an increasing array of rights concerning the collection, use, disclosure, sale, and processing of their personal information.
Happy Data Privacy Day from the Jackson Lewis Privacy, Data and Cybersecurity Team!
In 2018, the California Supreme Court issued an opinion (Dynamex Operations West, Inc. v. Superior Court of Los Angeles County) establishing a new standard (“ABC test”) for determining whether an individual is an independent contractor or employee in the context of claims brought under the State’s Industrial Welfare Commission’s wage orders. The result is a broader definition of who qualifies as an employee for the purpose of a claim brought under a wage order.
The opportunities and challenges that artificial intelligence (AI) and automation are creating for the labor market are gaining increasing attention in both policy circles and society at large. The creation of the American Workforce Policy Advisory Board, whose members are expected to be announced early this year, is intended to “prepare Americans for the 21st century economy and the emerging industries of the future” in light of the rapid changes that “technology, automation, and artificial intelligence” are generating. These changes are expected to arrive soon. Kai-Fu Lee, a Chinese venture capitalist, recently predicted on 60 Minutes that AI could displace up to 40% of the world’s jobs within the next 15 years.
Happy New Year! As we turn the calendar to 2019, employers across the country are taking stock of recently-enacted workplace regulations on a wide variety of topics.1
It’s a new year, and California SDI benefits will be increasing. The SDI withholding rate continues to be 1.0% of wages. But, the taxable wage limit will increase from $114,967 to $118,371.
Developing a paid sick and safe time (PSST) policy that complies universally – or at the very least with two laws – has become increasingly challenging. Without fail, and despite some overlap, each new law seems to contain one provision that could interfere with the goal of establishing uniform practices.