California Supreme Court’s Expansion of “Employer” under FEHA Could Have Implications for AI Regulation
The California Supreme Court issued a ruling this week that expands the definition of employer under the state’s main discrimination statute, the Fair Employment and Housing Act (FEHA). This expansion not only increases the number of defendants that can be swept into a FEHA action, but it may also have a significant impact on California’s […]
‘Quiet Quitting’ Is Getting Louder – 7 Ways Employers Can Bolster Employee Engagement and Address the Risks of ‘Loud Quitting’
Employers have been concerned about “quiet quitting” for some time now, looking for ways to foster employee engagement and productivity. And new data shows the importance of doing so because “quiet quitting” has turned into “loud quitting.” According to a new report from Gallup of more than 120,000 global employees, 18% of global employees are […]
California Announces Minimum Wage Increase to $16 Per Hour Starting January 1, 2024
On July 31, 2023, California’s Director of Finance certified that the state’s minimum wage for all employers will increase to $16 per hour, effective on January 1, 2024.This announcement followed the completion of an annual review by the state’s Department of Finance in order to determine if the minimum wage must be increased due to […]
The Essentials – California Employment Law Update
Over the last few months, several important developments have come into effect. Notably, the injunction on the California Consumer Privacy Act (CCPA) makes enforcement take effect in March of 2024, giving employers more time to finalize internal policies for compliance. We also note two new ordinances for Los Angeles businesses. California Chamber of Commerce V. […]
Can Employers Still Use the FMLA Forms that Expired on June 30, 2023?
Particularly observant employers may notice (and worry) that the U.S. Department of Labor’s model Family and Medical Leave Act forms and notices that they have been using have an expiration date of June 30, 2023, and that the forms now available on the DOL’s website have a new expiration date of June 30, 2026. But […]
At a glance: termination of employment in USA
Termination of employment Grounds for termination May an employer dismiss an employee for any reason or must there be ‘cause’? How is cause defined under the applicable statute or regulation? Unless the employer contractually agrees otherwise (either in an individual employment agreement or a collectively bargained agreement), most employment in the United States is at […]
Pre-Employment Background Checks: Considerations for Employers When Screening Prospective Employees
Employers commonly conduct background checks on prospective employees in various areas that they may think relevant when deciding whether to hire an individual for a job. Yet, federal, state, and local laws are increasingly regulating and limiting pre-employment background checks to protect prospective employees from perceived unfair or illegal treatment. Given this trend, we thought […]
OSHA’s New Emphasis Program Aimed at Reducing Warehouse Hazards
On July 13, 2023, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a new national emphasis program (NEP) aimed at preventing workplace hazards in warehouses, processing facilities, distribution centers, and high-risk retail establishments. The NEP was developed in response to the Bureau of Labor Statistics’ data showing that injury and illness rates for these establishments […]
California Supreme Court Finds Employers Not Liable for Nonemployees’ Take-Home COVID-19 Claims
The state’s Supreme Court has unanimously held that employers do not owe a duty of care under tort law to prevent the spread of COVID-19 to employees’ household members. Although the Court, in Kuciemba v. Victory Woodworks, Inc., found that an employee spouse’s negligence claims were not barred by the Workers’ Compensation Act (WCA, Labor Code section […]
New EEOC Resource Answers Employer Questions About ADA and Visual Disabilities in the Workplace
The U.S. Equal Employment Opportunity Commission (EEOC) released an updated technical assistance document detailing how the Americans with Disabilities Act (ADA) covers job applicants and employees with visual disabilities.The technical assistance explains when an employer may permissibly ask about an applicant or employee’s vision and when such inquiries would violate the ADA. The guidance includes examples of […]