Chicken Soup for Retirement Plans—Part Two: Digesting Distributions

The SECURE 2.0 Act of 2022, a long-anticipated package of retirement provisions and the most comprehensive retirement plan legislation in 16 years, was enacted in late December 2022.  SECURE 2.0 contains 90 provisions that impact tax-qualified retirement plans, employer plan sponsors, and plan participants. Join attorneys from Ogletree Deakins’ Employee Benefits and Executive Compensation Practice Group for an overview of SECURE 2.0 in this two-part webinar series. The second webinar will focus on provisions affecting distributions from retirement plans, including required minimum distributions, emergency withdrawals, and recoupment (or not) of overpayments.

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

Now that the pandemic has slowed down, the California legislature and state courts are issuing new employee-friendly laws and decisions at pre-pandemic levels. For 2023, the California legislature amended a number of existing laws and enacted new laws while the California Supreme Court issued employee-friendly opinions. This webinar will cover the new pay transparency requirements, bereavement leave, changes to paid sick leave and the California Family Rights Act, and more. Join us for highlights of the latest California developments with a special focus on proactive ways to manage the changes and practical takeaways.

Oregon Update: Limits to Confidentiality in Settlement and Severance Agreements

Effective January 1, 2023, there are changes to the Oregon Workplace Fairness Act, which, among other things, generally prohibits employers from requiring employees to enter into agreements that would prevent them from disclosing conduct constituting illegal discrimination and harassment, including sexual assault, unless certain criteria are met. The changes include new limitations on employers’ ability to require employees to maintain the confidentiality of the amount paid to settle claims of illegal discrimination and harassment. The speakers will review key aspects of the new law and provide tips on how Oregon employers can ensure that their agreements are in compliance.

Cal/OSHA Adopts New COVID-19 Standard Through 2024: What’s New and What Stays the Same

The California Occupational Safety and Health Standards Board recently adopted the COVID-19 Prevention Non-Emergency Regulation, which is effective for two years. Although the new regulation largely extends many of the requirements that were in place under the California Division of Occupational Safety and Health’s (Cal/OSHA) emergency temporary standards (ETS), there are some changes that employers need to know. For example, unlike the ETS, the new regulation does not require employers to continue and maintain an employee’s wages, seniority, and other benefits indefinitely during leave. Join this webinar for a review of the new regulation, including its definition of COVID-19 as a workplace hazard for which employers must develop and implement an effective injury and illness prevention program.

Chicken Soup for Retirement Plans—Part One: Fill ‘Er Up With Contributions

The SECURE 2.0 Act of 2022, a long-anticipated package of retirement provisions and the most comprehensive retirement plan legislation in 16 years, was enacted in late December 2022.  SECURE 2.0 contains 90 provisions that impact tax-qualified retirement plans, employer plan sponsors, and plan participants. Join attorneys from Ogletree Deakins’ Employee Benefits and Executive Compensation Practice Group for an overview of SECURE 2.0 in this two-part webinar series. The first webinar will focus on provisions affecting retirement plan contributions, including new automatic enrollment and automatic escalation requirements, along with student loan matching contributions.

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 November edition, we will cover post-election issues for employers, state employment laws taking effect on January 1, regulation of artificial intelligence in employment decisions, the latest updates from the National Labor Relations Board, and cases to watch from the 2022-2023 term of the Supreme Court of the United States.

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

A well-written and up-to-date employee handbook is an important tool in your HR and legal toolbox. The employee handbook is the first place employees, managers, HR, and legal professionals look to for information about the company’s policies. It is also the company’s first line of defense in litigation. It should not be a surprise that California has many required policies and unique laws that govern the employment relationship. Employers cannot rely solely on a nationwide handbook to fulfill their obligations under California law. This month’s webinar will address California’s required policies and updates for existing policies, as well as practical tips for using the employee handbook as a tool in performance management.

Marijuana in Missouri: Legalized Recreational Use and Express Employment Protections for Medical Use

On November 8, 2022, voters in Missouri overwhelmingly approved a ballot measure to legalize recreational marijuana, and to amend the existing medical marijuana law to include express employment protections. Specifically, Missouri’s medical marijuana law now prohibits employers from discriminating based on (1) an employee’s status as a qualifying patient or primary caregiver who has a valid identification card or (2) a positive drug test for marijuana components or metabolites of a person who has a valid qualifying patient identification card (with certain exceptions). In this webinar, the speakers will offer key takeaways for Missouri employers, including how to stay compliant with the new law while maintaining a drug-free workplace.

Washington State Employment Law Update: Recapping a Busy Year and Preparing for 2023

The Washington State Legislature and state agencies have been busy in 2022. In this webinar, the speakers will discuss what’s new on the employment law landscape for successfully managing your Washington State workforce in 2023, including new requirements under the Equal Pay and Opportunities Act, developments related to the Silenced No More Act, and changes to the minimum wage and salary thresholds. The speakers will also discuss updated information regarding overtime pay for certain workers, Seattle’s independent contractor requirements, the Paid Family and Medical Leave law, and the state’s long-term care insurance program.

We Are FAMLI: Preparing for Colorado’s New Paid Family and Medical Leave Program

The wait is over! Colorado’s Paid Family and Medical Leave Insurance Program (FAMLI) is set to take effect on January 1, 2023. This webinar will cover what employers need to know and how they can comply with this sweeping change to Colorado’s leave landscape. Topics will include coverage requirements, types of covered leave, how employees apply for leave, calculation and payment of premiums, exemption requirements for private plans, and more.

Coming to California: Cal/OSHA Poised to Pass ‘Permanent’ COVID-19 Regulation

On December 15, 2022, the California Occupational Safety and Health Standards Board is expected to vote to adopt a “permanent” COVID-19 safety regulation, which if passed will be in place for two years. The proposed regulation includes new and updated requirements addressing COVID-19 hazards, prevention, close contacts, testing, notices, and outbreaks. In this webinar, members of Ogletree’s Workplace Safety and Health Practice Group will review the proposed regulation, present real-world scenarios, and address best practices for California employers.

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 the November 2022 edition, they will review recent remote work reimbursement cases that attempt to expand the scope of expenses for which employers are responsible. They will also address potential expanded whistleblower liability and new wage and hour cases impacting the calculation of overtime for holiday pay and shift premiums and rounding. Finally, they will cover a recent sexual harassment verdict in Southern California. This webinar will also feature two guest speakers—Tracie Childs, who will discuss California’s new pay transparency law, and Karen Tynan, who will bring attendees up to speed on the new proposed Cal/OSHA COVID-19 standards.

Pay Transparency Laws Are Far From Crystal Clear: Strategies for Multi-Jurisdictional Compliance

Pay transparency laws, which require employers to disclose salary ranges in job postings, are being enacted across the country. States and localities, including California, Colorado, Connecticut, and New York City, have passed such laws and more may be on the horizon. The patchwork of laws can make compliance difficult for employers that operate in multiple states. In this webinar, the speakers will review the various pay transparency laws and offer best practices and strategies for multi-jurisdictional compliance.

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

The words “intermittent leave” can make any HR professional a little nervous. Managing family and medical leaves that are not taken in blocks of time can be a headache for HR and can create operational issues for employers. Addressing intermittent leave in California is further complicated by overlapping provisions of the Family and Medical Leave Act, the California Family Rights Act, California’s pregnancy disability leave law, and the disability provisions of state and federal law. In this webinar, the speakers will review the various laws that provide for intermittent leave; discuss strategies for implementing intermittent leave policies and practices; address the importance of medical certifications; and offer tips for tracking intermittent leave and managing leave administration.

Top Multistate Compliance Issues, Part III: Remote Workers

Multistate employers face the daunting task of keeping up with a growing patchwork of employment laws on the federal, state, and local levels. This obligation has only intensified as more employers are allowing employees to work remotely. In the final webinar of our three-part series, we will review the various multistate compliance concerns associated with 100 percent remote workers and hybrid remote workers, including wage and hour, paid sick leave, expense reimbursement, and income and unemployment taxes. This webinar will be beneficial for employers with employees in as few as five states or as many as fifty states.

What’s Next With I-9 Compliance? The New Frontier of Enforcement Actions

As the country has more fully emerged from the pandemic, and as some Biden administration efforts have stalled in the courts, employers are likely to see an increase in I-9 audits and enforcement activity. U.S. Immigration and Customs Enforcement (ICE) has shifted its focus away from undocumented workers and toward employers. In addition, the U.S. Departments of Justice, State, and Labor, as well as a multitude of other federal and state agencies have joined ICE in pursuing these enforcement objectives. In this webinar, the speakers will provide legal updates, highlight effective compliance policies, discuss steps your company can take to prepare for the anticipated increase in multi-agency enforcement efforts, and answer your questions about best practices.

FLSA Update: Key Takeaways From the DOL’s New Proposed Worker Classification Rule

The U.S. Department of Labor (DOL) recently unveiled a new proposed rule on the classification of workers as employees or independent contractors. The new rule, if implemented, would create a complex “totality of the circumstances” standard for worker classifications that could make it more difficult for workers to be classified as independent contractors under the Fair Labor Standards Act (FLSA). In this webinar, the speakers will discuss the proposed rule as well as provide key takeaways and practical implications for employers.

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

Personnel audits are an effective tool to help employers identify potential and actual problem areas that could lead to litigation and/or audits by various government agencies such as the U.S. Equal Employment Opportunity Commission, U.S. Department of Labor, California Division of Labor Standards Enforcement, and the California Employment Development Department. Conducting an effective audit involves a review of personnel policies, procedures, and practices. This webinar will address determining the scope of the audit, developing the process for the audit, collecting and organizing data, reporting the audit findings, and creating an action plan.

Franchise Brands and Employment Law Challenges: Disjointed Classification

Franchisors are facing increased legal scrutiny over their relationship with franchisees, due in no small part to the injection of employment law concepts that are at odds with the franchise relationship. This webinar will examine key litigation trends and legislative and regulatory issues impacting franchised brands today. Topics will include the latest efforts to expand liability for joint employment, employee misclassification, no-poach/no-hire agreements, and other related franchise relationship issues. This webinar will also provide insights and best practices on how to navigate these thorny legal challenges and minimize risk.

Enforcing Substance Abuse Policies Under California’s New Marijuana Anti-Discrimination Law

California Governor Gavin Newsom recently signed into law Assembly Bill (AB) 2188, which protects employees’ off-duty use of marijuana. AB 2188 not only amends the state’s anti-discrimination laws to protect off-duty use, but it prohibits employers from taking adverse action against employees based on the results of commonly used marijuana drug tests. In this webinar, the speakers will discuss the new law and address the practical implications affecting substance abuse policies and employee drug testing.

Keeping Current in California With Leslie and Charles (Special Edition)

As a result of Governor Gavin Newsom’s last-minute legislative signing spree, California employers face an onslaught of new employment laws. The changes include extending COVID-19 supplemental paid sick leave (effective immediately), adopting new pay transparency requirements, and expanding the California Fair Employment and Housing Act, the California Family Rights Act, California’s Paid Sick Leave law, and provisions of the California Government and Labor Codes. In this webinar, Leslie and Charles will review the new employment-related bills signed by the governor (and some that were not) and address how to comply with them (including updating company policies and practices).

Top Multistate Compliance Issues, Part II: Weed and Leave—How to Manage Two of Employers’ Biggest Headaches

Multistate employers face the daunting task of keeping up with a growing patchwork of employment laws on the federal, state, and local levels. In the second of our multistate compliance three-part series, we will discuss the most recent updates, changes, and challenges to paid safe and sick time laws as well as changing and ever-evolving paid family and medical leave state obligations. In addition, we will discuss the rapidly changing medical and recreational marijuana laws across the country from California and Mississippi to New Jersey and Rhode Island, and everything in between. Finally, we will analyze the impact of these new laws on employers that must balance their right to maintain drug-free workplaces with the rights of their employees.

What OFCCP’s Revitalized Enforcement Focus Means for Federal Construction Contractors

While the $1 trillion infrastructure bill signed by President Biden in 2021 offers a boon for some construction contractors, these profitable projects come with affirmative action and non-discrimination obligations that the Office of Federal Contract Compliance Programs (OFCCP) enforces. The agency has scheduled more than 100 construction audits using rigorous data and document requirements, and more audits are on the horizon. In addition, OFCCP recently launched a new secure online platform for covered contractors, the Notification of Construction Contract Award Portal. In this webinar, the speakers will share their insights on how to prepare for and successfully defend an OFCCP construction audit and provide best practices for complying with applicable federal contractor construction regulations.

Coming Soon: Oregon Paid Family Medical Leave

Oregon’s new paid family and medical leave insurance program—called Paid Leave Oregon—goes into effect on January 1, 2023, and benefits will be available to qualified employees starting in September 2023. The state-run program provides wage replacement benefits and job protection to qualified employees “when life’s important moments affect their health and safety.” Join our Portland attorneys as they highlight what employers need to do now to be ready on January 1. The speakers will also review how Oregon’s new leave law interacts with other federal and state-protected leave laws, and how employers can utilize alternative benefit plans if they want to opt out of the state-run program.

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 the September 2022 edition, they will cover new legislation, including California’s new protections for workers who use cannabis off-duty. They will also revisit San Francisco’s new Public Health Emergency Leave Ordinance that becomes effective on October 1, 2022. Charles and Leslie will review the status of PAGA claims, discuss new case developments, and address ongoing leave of absence and reasonable accommodation concerns. Guest speaker Mike Nader will discuss best practices to minimize risk in the still-growing area of meal and rest break litigation.

Drug Testing Guidance for Employers Doing Business in New Jersey

On September 9, 2022, the New Jersey Cannabis Regulatory Commission (CRC) issued long-awaited interim guidance to employers regarding the use of Workplace Impairment Recognition Experts to detect and identify an employee’s usage of, or impairment from, marijuana. Join us for an important discussion on how this guidance will affect employers doing business in New Jersey. In this webinar, the speakers will discuss how employers can lawfully conduct reasonable suspicion drug testing in light of the CRC’s interim guidance offer best practices for proving impairment or intoxication at the worksite, and review recent litigation involving drug testing.

California Wage and Hour Class and PAGA Lawsuits: Top 10 Ways to Avoid Litigation

The volume of California class action and Private Attorneys General Act (PAGA) lawsuits is at an all-time high, with no end in sight. In this high-stakes litigation, the dollar amounts are higher, the plaintiffs are more aggressive, discovery is more burdensome, and the pressure to settle is exponentially greater.

In this webinar, the speakers will provide 10 common-sense compliance solutions for litigation avoidance that employers can implement today with a minimum investment of resources. The speakers also will discuss the most common wage and hour claims that plaintiffs’ lawyers are filing and the proactive steps employers can take now to develop key documentation and evidence to defend, manage, avoid, and even defeat such claims.

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

Disciplining and terminating employees are rarely pleasant experiences for either party. Implementing proactive and effective performance management plays an important role in supporting discipline and discharge decisions.

OFCCP and the Never-Ending Saga of Compensation Analyses

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a revised and renamed Directive 2022-01, the agency’s controversial guidance suggesting that federal contractors must perform annual pay equity audits to comply with affirmative action programming (AAP) regulatory requirements. The new directive walks back specific language as to the documentation required to demonstrate compliance with compensation analysis obligations, but also sets forth new burdens for contractors and disclosure options. In this webinar, the speakers will examine the key changes in the OFCCP’s revised directive, offer insight on why the prior version was short-lived, and provide strategies to consider when conducting compensation analyses and evaluations.

Top Multistate Compliance Issues, Part I: Employee Handbooks and Nondisclosure and Noncompetition Agreements in the Age of Remote Work

Multistate employers face the daunting task of keeping up with a growing patchwork of employment laws on the federal, state, and local levels. In the first of our new multistate three-part series, we discuss the issues that emerge when expanding to new jurisdictions, including implementing restrictive covenant agreements to protect proprietary business information; trade secrets; and relationships with customers, prospective customers, employees, vendors, and other business partners. During this webinar, Dee Anna Hays, chair of the firm’s Multistate Advice and Counseling Practice Group, and Caren Marlowe, a shareholder in the firm’s Unfair Competition and Trade Secrets practice, will share insights into how employers can structure and update multistate handbooks and business protection agreements in today’s workplace.