On Friday, January 13, 2023, a Sacramento County Superior Court judge issued a preliminary injunction to prevent the implementation of California’s FAST Recovery Act (the “Act”) (AB 257). The law, which was pending a statewide referendum, would have established a Fast Food Council that would set industry-wide standards for wages, working hours, and other working conditions related to the health and safety of fast food employees. It was set to go into effect at the beginning of this year.
On January 5, 2023, the Federal Trade Commission (“FTC”) published a proposed rule that would ban employers from imposing non-compete clauses with employees (“Proposed Rule”). If adopted, it will make it easier for employees to switch jobs and will impact employee compensation structure and the protection of confidential information.
The Civil Rights Council of the California Civil Rights Department has released its latest draft revisions to the Fair Employment and Housing Act regulations governing an employers’ use and consideration of a job applicant’s criminal history in making employment decisions under the California Code of Regulations, Title 2, § 11017.1.
After nearly an 18-month delay, the US Congress passed the Pregnant Workers Fairness Act (“PWFA”) and the Providing Urgent Maternal Protections for Nursing Mothers Act (“PUMP Act”) with bipartisan support. Signed by President Biden on Thursday, December 29, 2022, these two laws will expand rights for pregnant, post-partum, and nursing employees.
It may be the end of time rounding in California. Earlier in October of this year, the Sixth District Court of Appeal in Camp v. Home Depot U.S.A., Inc. (“Camp”) held that where an employer “can capture and [have] captured the exact amount of time an employee has worked during a shift” must fully compensate employees for all time worked, rather than rounded time, even if the rounding practice is neutral on its face.
On December 15, 2022, the California Occupational Safety and Health (“Cal/OSHA”) Standards Board adopted the COVID-19 Prevention Non-Emergency Regulation (“Regulation”), which modifies Title 8 of the General Industry Safety Orders. Once Cal/OSHA’s current emergency temporary standards (ETS) expire on December 31, 2022, the new Regulation will take effect from January 1, 2023, through until December 31, 2024.
Employee Benefits Security Administration of the US Department of Labor (“DOL”) published a new rule titled “Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights” (“the Rule”), which clarifies how and when fiduciaries of 401(k) and similar retirement plans subject to the Employee Retirement Income Security Act (“ERISA”) can make investment decisions that promote environmental, social, or governance (“ESG”) goals or reflect ESG considerations. The Rule will take effect on January 30, 2023.
Whether you are in the healthcare industry or not, no employer wants to be entangled in the depths of litigation or be subject to investigation by federal, state, or local labor government agencies. However, healthcare employers face unique challenges when it comes to compliance with federal and state wage and hour laws.
Last Tuesday, November 22, 2022, the Los Angeles City Council passed the Fair Work Week Ordinance (“the Ordinance”) that will impose requirements on employers in the City of Los Angeles to provide employees with two weeks’ notice of their work schedules and extra wages for sudden schedule changes.
Last Wednesday, November 16, 2022, the US Congress passed the S.4524 bill (the “Speak Out Act”) that will limit the use and enforceability of non-disclosure and non-disparagement provisions in pre-dispute agreements with employees and independent contractors relating to sexual harassment and sexual assault allegations. If President Joe Biden signs the bill into law, the bill would render agreements reached before a sexual harassment or sexual assault dispute void and unenforceable in instances where “conduct is alleged to have violated Federal, Tribal, or State law.”