California, COVID-19/Coronavirus, State Developments, Workplace Safety and Health

Cal/OSHA’s COVID-19 Prevention Non-Emergency Regulation Is Now in Effect After OAL Approval

February 3, 2023

On December 15, 2022, the California Occupational Safety and Health Standards Board adopted the COVID-19 Prevention Non-Emergency Regulation to replace the Emergency Temporary Standards (ETS), which were set to end on December 31, 2022.

On February 3, 2023, the Office of Administrative Law (OAL) approved the new COVID-19 prevention regulations, which means that these new regulations are in effect as of February 3, 2023. This approval had been expected for weeks and has finally been confirmed.

Although the non-emergency regulation shares many similarities with the ETS, there are notable differences. California employers may want to review the new regulations to ensure they are in compliance.

Ogletree Deakins will continue to report on developments with respect to the California COVID-19 Prevention Non-Emergency Regulation and will post updates on the California and Workplace Safety and Health blogs and in the firm’s Coronavirus (COVID-19) Resource Center as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.

IRS Guidance to Implement Retroactive Increase in 2012 Mass Transit Benefit Limits—January 31 Deadline

On January 16 the Internal Revenue Service (IRS) issued guidance on the application of the retroactive increase in excludible transit benefits, as enacted under the American Taxpayer Relief Act of 2012 (ATRA). IRS Notice 2013-08 clarifies how the increase applies for 2012, provides a special administrative procedure for certain employers…..

Minnesota Supreme Court Creates Two Statutes of Limitation for the Same Whistleblower Statute

On January 20, 2016, the Minnesota Supreme Court decided Ford v. Minneapolis Public Schools, setting a six-year statute of limitations for certain employee whistleblower claims. The court held that the statute of limitations for a retaliation claim by an employee based on that employee’s reporting of violations of law is six years under the Minnesota Whistleblower Act (MWA).

Oregon Enacts Employment Protections for Hairstyles and Other Physical Characteristics Historically Associated With Race

On June 11, 2021, Oregon Governor Kate Brown signed into law House Bill 2935, also known as the CROWN Act (Creating a Respectful and Open World for Natural Hair), joining several other states in explicitly prohibiting employers and public schools from discriminating against individuals based on physical characteristics historically associated with race, including hair texture and protective hairstyles.

Recommended Reading

IRS Guidance to Implement Retroactive Increase in 2012 Mass Transit Benefit Limits—January 31 Deadline

Minnesota Supreme Court Creates Two Statutes of Limitation for the Same Whistleblower Statute

Oregon Enacts Employment Protections for Hairstyles and Other Physical Characteristics Historically Associated With Race