On October 24, 2022, the Ninth Circuit Court of Appeals issued a decision in Cadena v. Customer Conex LLC (“Cadena”), concerning whether the time employees spend booting up and shutting down their computers is compensable under the Fair Labor Standards Act (“FLSA”).
Earlier this month on Thursday, October 13, 2022, the US Department of Labor (“DOL”) published a Notice of Proposed Rulemaking (“Proposed Rule”) that proposes guidance on determining employee or independent contractor classification under the Fair Labor Standards Act (“FLSA”).
On October 19, 2022, the Equal Employment Opportunity Commission released a new version of their workplace discrimination poster titled “Know Your Rights: Workplace Discrimination is Illegal” poster. This new poster, which replaces the “Equal Employment Opportunity is the Law” poster, provides updated guidance on federal anti-discrimination laws to applicants, employees, and employers.
Nearly two months ago, we published an article discussing the potential of remote I-9 verifications becoming a permanent feature of the onboarding process. Fortunately, for employers, remote I-9 verifications have been extended. Last Tuesday, October 11, 2022, the Department of Homeland Security (“DHS”) and U.S. Immigration and Customs Enforcement (“ICE”) announced an extension of the Form I-9 flexibilities, which allow remote verification of the documentation required for Form I-9.
It’s the gift that keeps on giving. In the month of September, Governor Gavin Newsom has signed dozens of employee-friendly bills into law, several of which will directly affect California employers. We have discussed some of these laws over the last few weeks, including the pay transparency law, expanded cannabis protections for employees, and new CCPA compliance requirements for employers. To add to this never-ending list is AB 1041, which will expand family leave and sick leave to allow employees to take leave for “designated persons”.
Last Tuesday, September 27, 2022, Governor Gavin Newsom signed California’s pay transparency law (SB 1162) which, among other things, will amend California Labor Code (“Labor Code”) section 432.3 to require employers with 15 or more employees to include pay scale information in job postings. The law will also require employers to provide current employees with the pay range for their job upon request and will impose a records retention requirement for job titles and wage histories.
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.
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.
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.
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.
