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The legalization of recreational use of marijuana in several states, including California, has left many employment policies vague and confused. This article offers insights to questions every employer should be asking in light of legalization.

California’s Rollout of Legal Marijuana

California voters passed the Adult Use of Marijuana Act (“Prop 64”) on November 8, 2016, legalizing recreational marijuana use. However, the California Bureau of Cannabis Control only began accepting, processing, and issuing licenses to commercial marijuana dispensaries as of January 1, 2018. As of April 2018, the Bureau has granted over 5,000 licenses for a variety of commercial uses, including retail sales and distribution.
Continue Reading It’s High Time to Update Your Marijuana Policies

The Senate voted yesterday to begin formal negotiations with the House of Representatives to reconcile their two versions of the Tax Cuts and Jobs Act, a bill that seeks to make sweeping changes to federal tax law. Republicans are racing to enact a final bill before Christmas. Under both versions of the bill, tax-exempt organizations would face new burdens and taxes in order to pay for tax cuts elsewhere. In particular, the proposed changes would:

  1. make it harder for larger tax-exempt organizations to attract and retain top talent, by imposing a new 20% tax on annual compensation of over $1 million per year paid to any of their top 5 highest paid employees (including certain severance payments);
  2. reduce revenues, by eliminating certain tax incentives to make charitable donations;
  3. eliminate critical low-cost financing for hospitals and universities from tax-exempt bonds;
  4. make certain employee benefits more expensive, by taxing organizations that pay certain fringe benefits and taxing employees on certain employer-provided education and tuition assistance; and
  5. add new pressures on Section 501(c)(3) organizations to support or oppose political candidates, by loosening the current absolute prohibition against political activity.

Continue Reading Tax Reform: Nonprofits and their Executives Brace for Impact

As reported in our new laws for 2017 post, employers must give written notice to new employees (and to current employees upon request) explaining the rights of victims of domestic violence, sexual assault and stalking. All California employers with at least 25 employees must be in compliance, effective July 1, 2017.
Continue Reading Now in Effect: California Employers Must Provide New Hires with Written Notice of Victim Rights

The new year will bring along a variety of new obligations for California employers.  Although some of the new laws clarify existing law and provide helpful guidance, several impose additional requirements.  This update highlights key provisions of some of the more notable changes taking effect in 2017.  Links to the statutes and/or prior updates regarding the same are provided where applicable.
Continue Reading California Employers – New Year, New Rules in 2017

The cities of Los Angeles and San Diego recently approved minimum wage and sick leave ordinances that will apply to all employees who work within those cities’ geographical limits.  Employers with employees who work in these cities will need to comply with those new ordinances, as well as the California state law requirements that already exist.
Continue Reading Enactment of Los Angeles and San Diego Minimum Wage and Paid Sick Leave Ordinances Requires Employers to Reassess Their Policies

On Thursday, February 25, 2016, the U.S. Department of Labor (“DOL”) issued proposed regulations for implementing Executive Order 13706, which requires federal contractors to provide up to 56 hours of paid sick leave to its employees annually. Once finalized, these regulations will have significant consequences for federal contractors; they not only govern how much paid sick leave must be provided to employees, but a variety of other topics, such as which employees are entitled to sick leave, when sick leave can be used, whether sick leave can be carried over from year to year, how employees may request sick leave, and how contractors must respond to such requests.
Continue Reading U.S. Department of Labor Issues Proposed Regulations Regarding Federal Contractors’ Obligation To Provide Paid Sick Leave To Employees

This month a new law requiring certain New York City employers to provide pre-tax commuter benefits to their employees went into effect. Under the law, covered New York City employers must give full-time employees the opportunity to use up to $255 per month in pre-tax income to purchase qualified transportation fringe benefits. (N.Y. City Local Law 53 (2014)).  Although the law went into effect on January 1, 2016, the law provides a six-month grace period until July 1, 2016 for employers to begin offering commuter benefits to employees.  After July 1, 2016, the New York City Department of Consumer Affairs will begin enforcement of the NYCCBL which includes the authority to fine employers up to $250 per violation.
Continue Reading New York City Commuter Benefits Law (NYCCBL) Makes Changes For Employers With a Workforce On the Go (Compliance Required by July 1, 2016)

This year the California Legislature added over a dozen new employment laws, many of which take effect on January 1, 2016.  Some of these laws impose new prohibitions on employers, while others provide positive benefits such as safe harbors, cure provisions, and employer incentives for reclassification of certain independent contractors.  This update highlights key provisions in some of the new laws taking effect January 1, 2016.  Links to the statutes are provided.
Continue Reading New Year, New Rules For Employers Doing Business in California

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued proposed regulations addressing how the Americans with Disabilities Act (“ADA”) applies to corporate wellness programs.  These proposed regulations are intended to provide employers with guidance on how to encourage workers to participate in wellness programs without violating federal law.  Employers with wellness programs, or those who are thinking about instituting wellness programs, should become familiar with the proposed regulations if they wish to avoid litigation.
Continue Reading An Ounce Of Prevention…Does Your Voluntary Wellness Program Comply With Proposed EEOC Regulations?

The District of Columbia recently joined twelve other states[1] that have enacted laws requiring employers to accommodate certain limitations associated with pregnancy.  The Protecting Pregnant Workers Fairness Act (the “Act” or “PPWFA”) of 2014 was passed on October 23, 2014 and is under Congressional review.  It is currently expected to become effective on March 3, 2015.
Continue Reading Get Ready! DC’s Protecting Pregnant Workers Fairness Act Currently Expected To Take Effect On March 3, 2015