OSHA Hour: What Does OSHA’s New Laser Focus on Heat Illness Mean for Employers?

Last year, the U.S. Occupational Safety and Health Administration (OSHA) announced its plans to develop a new heat illness standard. On April 8, 2022, OSHA launched a new national emphasis program targeting specific industries and activities (both indoors and outdoors) where heat-related hazards may exist. In this webinar, the speakers will review the history of OSHA’s largely unsuccessful efforts to cite employers for heat-related issues in the workplace, explain the provisions of the new national emphasis program, share their insights on what OSHA might include in its new standard, and offer strategies for avoiding heat-related citations.

Keeping Current in California With Charles and Leslie

Stay up to date on the latest California employment law developments in our recurring webinar series with Charles and Leslie. In our April edition, the speakers will discuss several bills pending before the California State Legislature, including a measure proposing a 32-hour workweek. They also will address the California Department of Fair Employment and Housing’s new draft regulations concerning the use of “automated-decision systems,” such as algorithms that screen resumes and face and/or voice recognition software. In addition, the speakers will explain recent revisions to California’s COVID-19 Prevention Emergency Temporary Standards. Finally, they will answer questions from last month’s webinar and review some tricky leaves of absence issues and recent California employment law decisions.

Is the Third Time a Charm? Cal/OSHA Set to Revise Its COVID-19 ETS Again

On April 21, 2022, the California Occupational Safety and Health Standards Board will vote on proposed revisions to the COVID-19 Prevention Emergency Temporary Standards (ETS), which if adopted would be effective from May 2022 through December 31, 2022. The proposed revisions include changes to the requirements related to testing, face coverings, exclusion from work, and more. Join our experienced California workplace safety practitioners, Karen Tynan and Jennifer Yanni, as they review the changes and examine workplace COVID-19 scenarios and situations where these revisions could apply. They will also discuss compliance strategies and benchmarking across the Golden State.

Betsy’s Briefings—Coffee, Tea, and California Employment Law

It should come as no surprise that California has unique requirements for classifying employees as exempt from overtime laws that differ significantly from the standards under the federal Fair Labor Standards Act. In California, the salary and duties tests to qualify for the administrative, executive, and professional exemptions and its special rules for the computer professional, outside sales, and inside sales exemptions are tricky and often misunderstood. As a result, misclassifying employees as exempt is relatively common and in turn can lead to significant liability. In this month’s briefing, the speakers will review California’s various overtime exemptions and offer practical guidance and tips for navigating its complex exemption regulations.

Getting It Right: Using the FLSA’s Section 7(i) Exemption for Hospitality and Service Employees

By moving from tips or gratuities to mandatory service charges, hospitality and other service establishments may be able to designate their service staff as exempt from overtime pay under Section 7(i) of the Fair Labor Standards Act (FLSA). However, the 7(i) exemption for commissioned employees can be technical and present a number of pitfalls for the unwary. In this webinar, the speakers will discuss what the courts are saying about this exemption and offer best practices for ensuring legal compliance while taking advantage of the FLSA’s exemptions.

Keeping California Current With Leslie and Charles

Stay up to date on important employment law developments in the Golden State by joining our new webinar series featuring California shareholders Charles Thompson and Leslie Wallis. In the inaugural March edition, they will discuss the latest COVID-19 developments, new guidance from the Equal Employment Opportunity Commission regarding pandemic caregiver discrimination and its impact on California entities, and the new federal ban on mandatory arbitration of sexual harassment claims. They will also address tricky California leaves of absence issues and recent California employment law decisions. Christopher Decker, a Los Angeles shareholder with extensive experience litigating representative actions under the Private Attorneys General Act (PAGA), will also join the discussion and provide practical guidance on steps California employers can take now to prepare for the Supreme Court of the United States’ upcoming PAGA arbitration decision.

DOJ Issues Long-Awaited Website Accessibility Guidance, But Will Anything Change on the Litigation Front?

It’s been twelve years since the U.S. Department of Justice (DOJ) first issued an advanced notice of proposed rulemaking on website accessibility for private businesses under Title III of the Americans with Disabilities Act (ADA), and five years since those regulations were abandoned. Meanwhile, traditional public accommodations and businesses of all kinds have faced an ever-increasing number of lawsuits, often from a growing list of plaintiffs’ lawyers attracted to these claims. The DOJ has now published guidance on what the ADA requires from private businesses when it comes to website accessibility, but has it provided any real answers or perhaps some assistance in fighting off the increasing number of lawsuits? In this webinar, our speakers will answer these questions while walking through the guidance and offering their insights into preparations companies can make for website accessibility litigation that is almost certainly inevitable.

Employment Law Report From Canada: Office Reopenings, Remote Work, and More

As the pandemic winds down in Canada and employees return to the office, employers face a new set of challenges. Join us for a discussion of recent legal developments affecting workplaces north of the border, including an update on the state of COVID-19 measures, legal considerations for employers reopening offices, and compliance issues arising from remote workforces. In addition, the speakers will address new legislative initiatives throughout Canada.

March Marijuana Madness: Balancing Marijuana Legalization and Safety in Today’s Labor Market

Marijuana is legal for medicinal and/or recreational purposes in the majority of states, and most Americans support marijuana legalization. Yet, many workplaces continue to treat cannabis like other illegal drugs, and workplace drug testing policies have failed to keep up with the changing legal landscape. Given the difficulties of navigating state marijuana laws and recruiting and retaining employees in a challenging labor market, many employers are reevaluating their drug testing policies. Join us for a discussion on the benefits and risks of removing marijuana from drug testing panels, and updates employers can make to their drug testing policies to stay competitive. The speakers will also address the balance between complying with a myriad of state marijuana and drug testing laws and protecting employers’ legitimate interest in ensuring a safe workplace.

What’s Trending in Employment Law With Rico and Rebecca

Keep current with our 60-minute summary of the latest employment law developments in our recurring webinar series with Rico and Rebecca. In our March edition, Renel Datulma joins the discussion, in which we will address the following: the federal ban on mandatory arbitration of sexual harassment claims; retaliation claims; state biometrics laws; waivers of representative California Private Attorneys General Act (PAGA) claims; the four-day workweek; the National Labor Relations Board’s pending work rule change; employment cyber scams; and more.

California COVID Confusion: Is There Any Clarity for Employers?

California’s rapidly and constantly changing COVID-19 standards continue to create chaos and confusion for employers. Join this webinar for a discussion of the latest California standards for masking, quarantine, return to work, and COVID-19-related paid sick leave. The speakers also will outline the steps for employers to take when confronted with a COVID-19 outbreak in the workplace, and answer frequently asked questions about common COVID-19 issues.

Avoiding Technology Traps in 2022: Key Issues for Employers

Each year it becomes more and more important—and challenging—for employers to keep up with the myriad issues and potential legal pitfalls related to the use of technology in the workplace. Join our speakers as they discuss the top employment law compliance issues relating to electronic monitoring, biometrics, artificial intelligence in recruiting and talent acquisition, and job automation. This is an important webinar for employers that are currently using these technologies as well as employers that are considering implementing these tools to manage the employee life cycle.

Betsy’s Briefings—Coffee, Tea, and California Employment Law

California is notorious for its complicated, employee-friendly, and strictly enforced wage and hour laws. Employers have paid multimillion dollar settlements or judgments in class action and Private Attorneys General Act (PAGA) litigation because of technical violations of the California Labor Code and wage orders—many of which are based on unknowing and avoidable mistakes. In most cases, employers can minimize or avoid liability by adopting robust compliance programs and rigorously enforcing company policies. In the second webinar of our two-part series, the speakers will address meal and rest periods, overtime and regular rate of pay, rounding practices, timing of pay, and commissions and bonuses.

OSHA Hour: Recent Changes to COVID-19 Guidance and Their Impact on OSHA Enforcement

Recently, the U.S. Centers for Disease Control and Prevention (CDC) updated its guidance on various COVID-19 issues, including masking and contact tracing. Despite the changing guidance and withdrawal of its vaccination and testing emergency temporary standard, the Occupational Safety and Health Administration (OSHA) continues to issue COVID-19 citations under existing standards and the general duty clause. Join this webinar for a discussion of the CDC’s updated guidelines, recent changes to state and local masking mandates, and the impact these developments may have on OSHA enforcement activities.

Hot Topics in Hospitality for 2022

The co-leaders of Ogletree Deakins’ Hospitality Practice Group will explore hot topics facing the hospitality industry, including organizing, bargaining, staffing, wage pressures, technology, and alternative dispute resolution. Join this webinar for a timely discussion of key issues that should be top-of-mind for hospitality employers in the coming months.

OFCCP’s New Contractor Portal: Diving Into the Contractor Registration Process

In December 2021, the Office of Federal Contract Compliance Programs (OFCCP) announced a new requirement that federal contractors and subcontractors must certify compliance through its new OFCCP Contractor Portal. The agency provided few details in its initial announcement, but released more information on February 1, 2022, about how to navigate the registration process. In this webinar, the speakers will provide insight into the registration process, discuss the practical implications for covered contractors, and offer tips to assist contractors in complying with this new obligation.

Top Five Benefits and Compensation Issues for 2022

2022 is shaping up to be another fast-paced year of new compliance challenges and regulatory changes in employee benefits and executive compensation. Join this webinar for a discussion of five key issues that should be top-of-mind for benefits and compensation professionals in the coming months.

Betsy’s Briefings—Coffee, Tea, and California Employment Law

California is notorious for its complicated, employee-friendly, and strictly enforced wage and hour laws. Employers have paid multimillion dollar settlements or judgments in class action and Private Attorneys General Act (PAGA) litigation because of technical violations of the California Labor Code and wage orders—many of which are based on unknowing and avoidable mistakes. In most cases, employers can minimize or avoid liability by adopting robust compliance programs and rigorously enforcing company policies. In the first webinar of our two-part series, the speakers will address timekeeping, off-the-clock work (including pre-shift and post-shift activities), wage statement requirements, reporting time pay, expense reimbursement, and PAGA.

California’s New COVID-19 Supplemental Paid Sick Leave Law: What Employers Need to Know to Comply

The California legislature recently passed a new COVID-19 supplemental paid sick leave law (Senate Bill 114), which will take effect ten days after the governor’s expected signature. In this webinar, the speakers will discuss the new legislation and how it will interact with regular California paid sick leave, vacation time, and paid time off, as well as exclusion pay under the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Prevention Emergency Temporary Standards. In addition, the speakers will respond to attendees’ questions and provide answers to frequently asked questions about California’s anticipated new COVID-19 supplemental paid sick leave law.

OSHA Hour: Workplace Inspections Likely to Increase—Are You Prepared?

Whether it is an accident, a complaint, or a programmed or focused inspection, it is important for employers to have a plan in place for when an inspector from the Occupational Safety and Health Administration (OSHA) arrives at the worksite, and this includes reviewing in advance documents that OSHA may request. But what about preparing management and nonmanagement witnesses? What happens when the OSHA inspector wants to explore beyond the scope of the investigation explained during the opening conference? What rights do employers have during inspections? What rights does OSHA have? This webinar will address the measures employers can take ahead of time, from conducting workplace hazard assessments, training teams, and preparing witnesses, to collecting documents and interacting with OSHA inspectors.

Cal/OSHA’s FAQ Update: Where Are We Now?

The California Division of Occupational Safety and Health (Cal/OSHA) recently updated its frequently asked questions (FAQs) publication and added a bit more clarity to the COVID-19 Prevention Emergency Temporary Standards (ETS). This webinar will review testing scenarios, return-to-work requirements, employee exclusions, and more. Focusing on the California Department of Public Health guidelines and the Cal/OSHA ETS regulations governing complex COVID-19 issues, the webinar will also help California employers gain a deeper understanding of best practices and problem solving as we continue to deal with COVID-19 in the workplace.

I Need All the Things: Key Updates for Arizona Employers in 2022

With the recent whirlwind of court rulings, stays, and challenges to the various vaccination mandates, there has been little time to get fully up to speed on other legal developments impacting employers in 2022. This fast-paced webinar will focus on hot-button issues for Arizona employers from the evolving COVID-19 requirements for the workplace to new employment-related legislation. Specific topics to be covered include the federal Occupational Safety and Health Administration’s (OSHA) potential move to revoke Arizona’s state plan, Arizona’s new and unique religious accommodation standard for COVID-19 vaccines, the new Tucson Minimum Wage Act, security screening and COVID-19 testing compensability in Arizona, state and city minimum wage increases, pregnancy discrimination additions to the Arizona Civil Rights Act, and Arizona’s certificate of second chance law.

The Nuclear Option: Arbitration Agreements for California Employees

2022 is an important year for businesses that already have, or that now must consider, an arbitration program for California employees. The Supreme Court of the United States will review whether representative claims brought under the Private Attorneys General Act (PAGA) are exempt from arbitration and the high court’s ruling could fundamentally alter the legal landscape. At the same time, California has stepped up its attack on mandatory arbitration in employment. In this webinar, the speakers will discuss these and other developments, as well as provide practical considerations for employers that are looking to manage their litigation risk with arbitration agreements.

TECHPLACE™ Regulation in 2022: What Tech Employers and Users Should Expect

Join the author of Ogletree Deakins’ Beltway Buzz and the co-chairs of our Technology Practice Group to discuss anticipated trends and developments that could impact technology companies in 2022. The speakers will cover prospective regulatory trends, expected changes in federal and state policies, and emerging guidance surrounding automated decision-making.

Betsy’s Briefings—Coffee, Tea, and California Employment Law

Join us on the third Thursday of every month for Betsy’s Briefings, our new webinar series examining the key areas of California employment law that can cause employers grief. In our January edition, we will highlight the restrictions employers face in recruiting and hiring employees in California. Given the current labor shortage, many employers may be trying to expedite the hiring process while candidates are “playing hard to get.” Although employers may be tempted to take short cuts in the hiring process, they should keep in mind that California has proscriptive laws and regulations applicable to recruiting and hiring employees. This webinar will address the use of criminal background and salary history, credit and background investigations, pre-employment drug testing, and new hire documentation.

SCOTUS Hits Pause on OSHA COVID-19 Vaccination and Testing ETS: What’s Next for Employers?

On January 13, 2022, the Supreme Court of the United States (SCOTUS) issued a stay on the Occupational Safety and Health Administration’s (OSHA) emergency temporary standard (ETS) requiring employers with 100 or more employees to ensure that their employees are either fully vaccinated or subject to COVID-19 testing at least once per week. Join this webinar for a discussion of what this ruling means for employers regarding the vaccination status of employees.

CMS Vaccine Mandate Gets Green Light From Supreme Court: What’s Next for Healthcare Employers?

On January 13, 2022, the Supreme Court of the United States paved the way for the U.S. Centers for Medicare and Medicaid Services (CMS) to enforce its vaccination mandate regulation. The regulation applies to organizations with certain healthcare facilities participating in Medicare and Medicaid reimbursement programs. The CMS rule, which does not include a weekly COVID-19 testing option, takes priority over all the federal vaccine mandates and preempts contrary state laws. In this webinar, the speakers will discuss the high court’s ruling and the preemption battles that will likely ensue, as well as provide tips to assist covered employers ensure they are in compliance by the quickly approaching first deadline of January 27, 2022.

What’s Trending in Employment Law With Rico and Rebecca

Keep current with our 60-minute summary of the latest employment law developments in our recurring webinar series with Rico and Rebecca. In our January edition, we will cover the following: the fate of the Occupational Safety and Health Administration’s COVID-19 Vaccination and Testing Emergency Temporary Standard and the U.S. Centers for Medicare and Medicaid Services’ healthcare vaccination mandate; answers to your COVID-19 testing questions; antitrust developments and the implications for employers; state wage and hour law changes; pay frequency laws; hazard pay lawsuits; cryptocurrency pay; and more.

Cal/OSHA’s COVID-19 ETS and the CDPH Guidelines: What Employers Need to Know About Quarantine, Exclusion, and Testing

On January 14, 2022, updates to the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Prevention Emergency Temporary Standards (ETS) will take effect. In addition to these changes, the California Department of Public Health (CDPH) recently revised its guidelines for exclusion and return to work, which are now applicable. With the updated guidance, the CDPH’s position appears to be consistent with the federal Centers for Disease Control and Prevention’s recommended five-day isolation and quarantine period for the general population. In this webinar, the speakers will take a deep dive into compliance, benchmarking, and best practices.

The Ripple Effect: Supply Chain Troubles Continue to Create Workplace Problems for Manufacturers

On December 16, 2021, the Occupational Safety and Health Standards Board of California’s Division of Occupational Safety and Health (Cal/OSHA) will consider the readoption of its COVID-19 Emergency Temporary Standards (ETS) with substantial changes regarding vaccinations and testing as well as work exclusions. It is expected that the board will approve the changes. Join this important webinar to ensure that your California COVID-19 Prevention Plan is compliant in advance of the January 14, 2022, effective date.