California Senate Bill 533 Mandates That Employers Create Workplace Violence Prevention Programs
On May 31, 2023, the California Senate passed Senate Bill (“SB”) 553 creating new workplace violence prevention standards in California. Under the Bill, employers are mandated to develop and maintain written prevention plans tailored to their specific workplaces. The Bill is next set to go through policy committees in the State Assembly. If approved by […]
National Labor Relations Board Modifies Independent Contractor Standard (Yet Again)
Background In 2014, the Obama-era Board issued a decision that “refined” the independent contractor standard and made it easier for workers to be classified as employees. The NLRB retained certain common-law factors but reframed the analysis by limiting the importance of the workers’ “entrepreneurial opportunity” and shifting to the “economic realities” of the parties’ relationship. […]
Cannabis Client Alert Week of June 12th 2023
In this week’s edition: Federal Federal Government Aiming at Cannabis Rescheduling Decision “This Year” – Regarding the potential rescheduling of cannabis, US Department of Health and Human Services’ Secretary Xavier Becerra informed reporters yesterday that the agency—along with other agencies such as the Drug Enforcement Administration—“are working together to try to see if we can give […]
A Tip for Businesses: Don’t Steal Employees’ Gratuities, Skimp on Sick Leave
Minnesota Legalizes Recreational Marijuana, Protects Off-Duty Use
Under a new Minnesota law legalizing recreational marijuana, beginning August 1, 2023, individuals 21 years of age or older may possess or transport up to two ounces of cannabis flower in public and to possess up to two pounds of cannabis flower in the individual’s private residence, among other things. Minnesota has had a medical cannabis law […]
Non-compete agreements declared unlawful by NLRB General Counsel
On May 30, 2023, the General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued GC Memorandum 23-08, asserting that non-compete agreements generally violate the National Labor Relations Act. Much like the FTC’s recent proposed regulation banning non-compete agreements and the growing number of state statutes restricting their use, the memorandum is designed to curb the use […]
NYC Enacts Height and Weight Anti-Discrimination Ordinance
401(k) Plans: Can Interns be Excluded?
As summertime rolls around and employers prepare for a fresh crop of interns, the question may arise whether those interns can be excluded from participating in the 401(k) plan. The answer is generally yes, but different conditions must be satisfied depending on whether the intern job classification results in an indirect service requirement. An employer […]
Bracing for Impact: California Supreme Court Strengthens Whistleblower Protections
The broad interpretation of “disclosure” under the California Labor Code now includes information already known by an employer. The prohibition on retaliation against employees who make protected disclosures will be strongly enforced. Employers should stay up-to-date with whistleblower laws and regulations to avoid legal issues related to retaliation. In a landmark decision, the California Supreme […]
EEOC Issues New Resource On Artificial Intelligence Use In Employment Decisions
As the EEOC is well-aware, employers now have a wide variety of algorithmic decision-making tools available to assist them in making employment decisions, including recruitment, hiring, retention, promotion, transfer, performance monitoring, demotion, dismissal, and referral. Employers increasingly utilize these tools in an attempt to save time and effort, increase objectivity, optimize employee performance, or decrease […]