On September 30, 2023, Governor Gavin Newsom signed SB 553 into law, establishing a new written Workplace Violence Prevention Plan (“WVPP”) requirement for nearly all California employers. The WVPP requirement, which becomes...more
10/18/2023
/ Cal-OSHA ,
California ,
Employees ,
Employer Liability Issues ,
Governor Newsom ,
Labor Reform ,
New Legislation ,
State Labor Laws ,
Workplace Safety ,
Workplace Violence ,
Workplace Violence Prevention Programs
On July 13, 2023, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced the launch of a three-year National Emphasis Program meant to prevent workplace hazards in warehouses, processing...more
8/18/2023
/ California ,
Distribution Centers ,
Employer Liability Issues ,
Health and Safety ,
Heat Exposure ,
Labor Reform ,
Labor Regulations ,
OSHA ,
State Labor Laws ,
Warehouses ,
Workplace Safety
As previously discussed in our blog Inflation Reduction Act: Wage and Apprenticeship Requirements, the Inflation Reduction Act (the “IRA”) restructured the tax credit system associated with qualified clean energy projects...more
12/30/2022
/ Apprenticeships ,
Construction Project ,
Davis-Bacon Act ,
Employees ,
Energy Projects ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
IRS ,
New Guidance ,
Popular ,
Prevailing Wages ,
Tax Credits ,
Tax Planning ,
U.S. Treasury ,
Wage and Hour
President Joe Biden signed into law the Inflation Reduction Act of 2022 (“HR 5376”) (the “IRA” or the “Act”), on August 16, 2022.
There are numerous tax credits in the legislation that intend to facilitate access to...more
11/16/2022
/ Apprenticeships ,
Contractors ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Inflation Reduction Act (IRA) ,
Internal Revenue Code (IRC) ,
Investment Tax Credits ,
Penalties ,
Prevailing Wages ,
Production Tax Credit ,
Subcontractors ,
Tax Credits ,
Wage and Hour
Increasing Unionization Efforts in the U.S. Labor Market and Healthcare Sector In recent months, the United States has seen workers’ unionization and collective bargaining efforts gain momentum across industries, including...more
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”). At the hearing, the...more
On March 11, 2022, the Department of Labor (“DOL”) proposed reverting the definition of “prevailing wage” under the Davis-Bacon Act to a definition used over 40 years ago. According to the DOL, the proposal is meant to...more
We previously described the “framework” for an agreement to reinstate California’s Supplemental Paid Sick Leave. Governor Newsom signed Senate Bill (“SB”) 114 into law on February 9, 2022. The specifics of the bill are...more
2/24/2022
/ California ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Governor Newsom ,
Legislative Agendas ,
New Legislation ,
Notice Requirements ,
Paid Leave ,
Sick Leave ,
State and Local Government ,
Supplemental Benefits ,
Virus Testing ,
Wage and Hour
On January 25, 2022, Governor Gavin Newson announced a “framework” for an agreement to reactivate California’s COVID-19 Supplemental Paid Sick Leave (“COVID PSL”) law for the period from January 1, 2022 to September 30, 2022....more
2/1/2022
/ California ,
Coronavirus/COVID-19 ,
Deadlines ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Governor Newsom ,
Legislative Agendas ,
New Legislation ,
Paid Sick Leave ,
Popular ,
State and Local Government ,
State Labor Laws
In our annual California Legislative Update, we briefly explained that SB 606 expanded the enforcement authority of the California Division of Occupational Safety and Health (“Cal/OSHA”) in various ways. With the new law’s...more
12/31/2021
/ Cal-OSHA ,
California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Enforcement Actions ,
New Legislation ,
Regulatory Requirements ,
Regulatory Violations ,
State and Local Government ,
State Legislatures
What Happened? I Thought This Was Gone!
On Friday, December 17, the United States Court of Appeals for the Sixth Circuit lifted the nationwide Stay that had been previously put in place by the United States Court of...more
12/23/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Deadlines ,
Employer Liability Issues ,
Employer Mandates ,
Enforcement ,
Masks ,
Notice Requirements ,
OSHA ,
Reasonable Accommodation ,
Recordkeeping Requirements ,
Stays ,
Time Extensions ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On June 17, 2021, the Cal/OSHA Standards Board voted to adopt revisions to the Emergency Temporary Standards (ETS), and Governor Gavin Newsom signed an executive order allowing the revised ETS to go into effect immediately. ...more
6/21/2021
/ Cal-OSHA ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Executive Orders ,
Governor Newsom ,
Masks ,
New Guidance ,
Social Distancing ,
Vaccinations ,
Workplace Safety
California has issued new guidance for the use of face coverings that will take effect on June 15, 2021. The guidance impacts retailers and coincides with news that approximately 47% of Californians are now fully vaccinated....more
After several fits and starts, on June 3, 2021, the Cal/OSHA Occupational Safety & Health Standards Board finally passed revised Emergency Temporary Standards (ETS) that now take into account employee vaccination status and...more
6/9/2021
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employer Responsibilities ,
Guidance Update ,
Masks ,
Occupational Exposure ,
State and Local Government ,
State Labor Laws ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Prompted by increased availability of vaccine appointments, and broad eligibility for all U.S. adults and teenagers, the federal Centers for Disease Control (CDC) and California’s Department of Public Health (CDPH) have...more
5/18/2021
/ Cal-OSHA ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Exclusions ,
Health and Safety ,
Infectious Diseases ,
Masks ,
State and Local Government ,
Vaccinations ,
Workplace Safety
California retailers facing a variety of complications from the ongoing COVID-19 pandemic now have one additional obstacle to tackle: compliance with new emergency standards from California’s Division of Occupational Safety...more
12/9/2020
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Emergency Rule ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Occupational Exposure ,
Personal Protective Equipment ,
Policies and Procedures ,
Quarantine ,
Social Distancing ,
State and Local Government ,
Virus Testing ,
Workplace Safety
On November 19, 2020, the California Occupational Safety and Health Standards Board unanimously adopted emergency temporary standards on COVID-19 prevention in the workplace. For much of the pandemic, California’s Division of...more
On September 17, 2020, Governor Newsom signed Assembly Bill (AB) 685 into law, establishing new requirements for employers to notify employees and their unions about a potential COVID-19 exposure in the workplace. The new...more
9/23/2020
/ Americans with Disabilities Act (ADA) ,
Cal-OSHA ,
CDPH ,
Confidentiality Policies ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Enforcement ,
Governor Newsom ,
Infectious Diseases ,
Notice Requirements ,
Privacy Policy ,
State and Local Government ,
State Labor Laws ,
Unions ,
Workplace Outbreaks ,
Written Notice
On September 19, 2020, California’s new law requiring large employers to provide employees with COVID-19 supplemental paid sick leave (“CSPSL”) becomes effective. The new CSPSL requirement will be codified as Labor Code...more
9/21/2020
/ Coronavirus/COVID-19 ,
DLSE ,
Employees ,
Employer Liability Issues ,
Executive Orders ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Newsom ,
Paid Sick Leave ,
State and Local Government ,
State Legislatures ,
Workplace Safety
On July 2, 2020, the federal Occupational Safety and Health Administration (“OSHA”) published an FAQ web page based on COVID-19 related inquiries that the agency received from the public. The FAQ page provides a central...more
On June 17, 2020, the federal Occupational Safety and Health Administration (“OSHA”) issued its “Guidance on Returning to Work.” This new guidance is intended to supplement the previous “Guidance on Preparing Workplaces for...more
6/26/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Employment Opportunity Commission (EEOC) ,
Guidance Update ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Risk Management ,
Screening Procedures ,
Workplace Safety
As California businesses begin to reopen and return employees to physical workplaces, there are numerous safety measures for employers to consider implementing to minimize the spread of COVID-19. On May 14, 2020, California’s...more
California Assembly Bill (AB 450) is a bold move by the State Legislature to enter the I-9 arena – an area that has long been recognized as within the domain of the federal government. The Bill was signed by Governor Jerry...more
12/5/2017
/ Department of Justice (DOJ) ,
Employee Rights ,
Employer Liability Issues ,
Employment Records ,
Fines ,
Form I-9 ,
Governor Brown ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
New Legislation ,
Notice of Intent ,
Notice Requirements ,
State Labor Laws ,
Subpoenas ,
Technical Errors ,
Union Representatives ,
Voluntary Self-Audit
The ongoing presidential election in the United States has underscored a move against free trade by both of the main political parties. This article briefly summarizes some of the proven benefits of free trade and juxtaposes...more
Please join us for Sheppard Mullin's bi-annual Labor & Employment Law Update & Happy Hour. There have been significant developments in California labor and employment law this year. We will explain how these new developments...more
10/12/2015
/ Employer Liability Issues ,
Employment Contract ,
Events ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Minimum Wage ,
Misclassification ,
Non-Solicitation Agreements ,
Paid Leave ,
Religious Accommodation ,
Same-Sex Marriage ,
Sick Leave ,
Termination ,
Title VII ,
Wrongful Termination