On September 27, 2022, California Governor Newsom signed the state’s pay transparency bill, SB 1162, into law, requiring employers with 15 or more employees to disclose pay ranges in job postings, beginning on January 1, 2023. California now joins Colorado, Washington, and New York City with this requirement. SB 1162 also requires certain employers with 100 or more employees to report certain demographic information regarding their employees to the California Civil Rights Division, beginning in May 2023.

Continue Reading California Will Now Require Employers to Disclose Pay Ranges in Job Postings and Report Certain Data in an Effort to Combat Pay Disparity

On July 27, 2022, Mayor Muriel Bowser signed into law the Non-Compete Clarification Amendment Act of 2022, scaling back certain aspects of D.C.’s original Ban on Non-Compete Agreements Amendment Act of 2020. As we previously reported, the original ban included some of the most substantial non-compete restrictions in the country, including prohibiting the use of non-compete agreements for nearly all employees working in D.C. and banning anti-moonlighting policies. Here are some key takeaways from the Amendment:

Continue Reading The District of Columbia Revises Ban on Non-Competes

On September 15, 2022, the California Occupational Safety and Health Standards Board (“Board”) met to consider whether to adopt the proposed COVID-19 Permanent Standard (“Permanent Standard”)[1] to replace the current Emergency Temporary Standard, which is due to expire on December 31, 2022. The public hearing resulted in more questions being asked than answered, and no action on the proposed Permanent Standard was taken by the Board at the meeting. 

Continue Reading Cal/OSHA Continues to Consider Adoption of a COVID-19 Permanent Standard

The Ninth Circuit Court of Appeals panel that originally decided Chamber of Commerce v. Bonta last fall recently issued an order withdrawing its prior opinion and granting a panel rehearing. The divided panel’s original decision upheld portions of Assembly Bill 51 (“AB 51”), a California law that prohibits employers from requiring that employees sign an arbitration agreement as a condition of employment. The panel’s decision to rehear the appeal is notable because it suggests that the panel may rule that the Federal Arbitration Act (“FAA”) preempts AB 51 in its entirety following the U.S. Supreme Court’s recent decision in Viking River Cruises, Inc. v. Moriana. The Supreme Court in Viking River Cruises held that California law precluding the division of PAGA actions into individual and non-individual claims through an agreement to arbitrate was preempted by the FAA.

Continue Reading Ninth Circuit Grants Rehearing on California Law Banning Mandatory Employment Arbitration Agreements

In a last minute whirlwind of activity by California’s Legislature, a significant number of employment-related bills have now made their way to Governor Newsom’s desk and await their fate. Below are highlights of some of the bills that may affect California employers, should Governor Newsom sign them into law.

Continue Reading What’s on Deck With Governor Newsom? Employment-Related Bills That May Soon Impact California Employers

On the heels of the Labor Day weekend, the National Labor Relations Board (NLRB) released a Notice of Proposed Rulemaking and request for comments (NPRM) that would once again change the joint employer legal standard. The proposed regulations roll back the employer-friendly rule the NLRB finalized during the Trump administration.

Continue Reading NLRB Releases Proposed Joint Employer Rule Rolling Back Trump-Era Standard

As more employees return to the workplace after the Labor Day holiday, employers should be aware of the U.S. Equal Opportunity Commission’s updated COVID-19 Guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and other EEO Laws.” The updated guidance follows its Vaccination Policy Update and primarily addresses workplace safety questions, including when employees and applicants may be required to undergo viral and antibody testing and other types of screening.

Continue Reading EEOC Updates Guidance Concerning COVID-19 Testing

A recent decision from the Tenth Circuit Court of Appeals highlights some of the pitfalls of entering into commercial transactions without conducting thorough employment diligence – even in the asset purchase context.

Continue Reading Buyer Beware: Tenth Circuit Issues Decision Emphasizing Critical Need for Employment Diligence

On August 10, 2022, Colorado House Bill 22-1317 became law. Following the national trend of limiting employer use of non-compete and non-solicit covenants, Colorado now prohibits the use of non-competes and non-solicits except in the sale of business context and with “highly compensated” workers. The law also provides specific notice requirements and imposes costly penalties for non-compliance. The law’s requirements and penalties are not retroactive. The key requirements of the new law are as follows:

Continue Reading Colorado’s New Restrictive Covenant Law Now Effective

On September 15, 2022, the California Occupational Safety and Health Standards Board (“Board”) will hold a public hearing to address its draft proposed COVID-19 Permanent Standard (“Permanent Standard”).[1] At the hearing, the Board will hear comments from the public in favor of adopting, amending, or repealing the Permanent Standard. The good news for employers who are tired of revising their COVID-19 policies is that the Permanent Standard largely tracks with the protocols already required under the current COVID-19 Emergency Temporary Standards (“ETS”). Additionally, the Permanent Standard eliminates or reduces some of the costly requirements under the current ETS. The bad news, however, is that it appears COVID-19 protocols are here to stay for the near future and California employers will need to continue to remain in compliance with the state’s COVID-19 regulations and enforce them in the workplace.

Continue Reading Cal/OSHA Announces Public Hearing on Proposed COVID-19 Permanent Standard