California Provides New Cannabis Protections for Workers

California Provides New Cannabis Protections for Workers

On September 18, 2022, Governor Gavin Newsom signed AB 2188 into law which prohibits discrimination against an employee based on their use of cannabis outside of work. More specifically, the law prohibits discrimination in hiring, termination, and other employment decisions based on the consumption of cannabis while off the job. While the law does not come into effect until January 1, 2024, California employers should begin preparing now to ensure compliance.

California Publishes Monkeypox Guidance for Employers

California Publishes Monkeypox Guidance for Employers

On Thursday, September 15, 2022, California’s Division of Occupational Safety and Health (“Cal/OSHA”) issued guidance on protecting employees from monkeypox (the “Guidance”). The Guidance applies to workplaces covered by the Aerosol Transmissible Disease standard (the “ATD”) (Title 8 Code of Regulations Section 5199), including health care facilities, medical transport, police services, public health services, laboratories, and more.

New CCPA Compliance Requirements for Employers

New CCPA Compliance Requirements for Employers

Amendment of the California Consumer Privacy Act (the “CCPA”) by the California Privacy Rights Act (the “CPRA”) in 2020 will see a new set of compliance requirements for employers beginning on January 1, 2023. These requirements concern the collection of personal information by companies subject to the CCPA. The personal information at hand relates to employers’ employees, job applicants, and actual or prospective business customers, vendors, and suppliers.

5 Major Employment Bills Passed by California Lawmakers in 2022

5 Major Employment Bills Passed by California Lawmakers in 2022

Wednesday, August 31, 2022, marked the end of the 2022 State Legislative Session. The 2022 employment bills passed by both the California State Assembly and California State Senate are now in the hands of Governor Gavin Newsom for signature. He will have until September 30, 2022, to either sign or veto.

Remote I-9 Inspections May Become a Permanent Feature of the Onboarding Process

Remote I-9 Inspections May Become a Permanent Feature of the Onboarding Process

Typically, I-9 verification must be conducted in person. However, since the onset of the COVID-19 pandemic, the Department of Homeland Security (“DHS”) has relaxed this requirement and has allowed employers to conduct I-9 inspections remotely. Employers have embraced this flexibility, especially as now more than ever employees are not physically on-site.

Landmark Decision Extends ADA Protection to Individuals with Gender Dysphoria

Landmark Decision Extends ADA Protection to Individuals with Gender Dysphoria

In the first such decision by a federal appellate court, the U.S. Court of Appeals for the Fourth Circuit ruled that the Americans with Disabilities Act (ADA) protects individuals with gender dysphoria. The decision, Williams v. Kincaid, No. 21-2030 (4th Cir. Aug. 16, 2022), has immediate consequences for employers in states within the jurisdiction of the Fourth Circuit: Maryland, North Carolina, South Carolina, Virginia, and West Virginia. Employers in California should heed this development, as the Ninth Circuit (and others) may follow suit.

New Federal COVID-19 Rules for Healthcare Workers in the Pipeline

New Federal COVID-19 Rules for Healthcare Workers in the Pipeline

The federal government is slated to publish a new, permanent set of COVID-19 rules for healthcare workers in early Fall 2022. (See here.) In years past, federal OSHA published temporary COVID-19 rules for healthcare workers (those rules, you might recall, were called emergency temporary standard). Those temporary rules expired last December.