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.

Monkeypox in the Workplace: Must-Knows for Employers

The Biden administration recently declared the monkeypox outbreak a public health emergency, and reported cases continue to trend upward. This webinar will address workplace policies regarding privacy, hygiene, travel, vaccine distribution, and protective gear that may come into play given the nature of monkeypox and its characteristics. The speakers will offer key takeaways for employers across industries, including special considerations in the retail and healthcare spheres. Topics will also include the use of leave and obligations that employers may have under the Americans with Disabilities Act, the Family and Medical Leave Act , and the Occupational Safety and Health Administration’s workplace safety requirements.

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

The COVID-19 pandemic has changed the landscape for harassment, discrimination, and retaliation litigation. In addition to novel claims arising out of remote work, there also has been an uptick in internal and external complaints alleging discrimination and harassment based on the ever-growing list of California protected categories. Employees, empowered by social justice movements, are more likely than ever to speak up—and litigate—these issues. The increasing number of complaints, aggressive enforcement by various agencies, and activist juries have created the perfect storm for employer liability. This session will provide an overview of California law, analyze recent theories of liability, and present proactive strategies for minimizing risk.

Keeping Current in California With Leslie and Charles

Stay up to date on the latest California employment law developments in our recurring webinar series with Leslie and Charles. In the July edition, they will cover the EEOC’s new COVID-19 testing guidance and its California impact, and a bevy of new local ordinances, including Los Angeles hotel and healthcare worker ordinances, as well as San Francisco’s new Public Health Emergency Leave Ordinance and just-finalized Family Friendly Workplace Ordinance regulations. In addition, they will review recent COVID-19 developments and answer attendee questions. Finally, guest speakers Claudia Martorell and Amanda Mullane will discuss California-specific immigration issues as well as I-9 and E-Verify updates and best practices for post-pandemic compliance.

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 July edition, we will discuss several developments, including: key decisions from the Supreme Court of the United States’ 2021-2022 term, including Dobbs v. Jackson Women’s Health Organization and Viking River Cruises, Inc. v. Moriana; shareholder lawsuits targeting employment actions; payment apps and employers’ potential responsibility; employee password overload; recent traction for the American Data Privacy and Protection Act; the Equal Employment Opportunity Commission’s updated COVID-19 testing guidance; and pronoun usage in the workplace.

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

For California HR professionals and in-house counsel, navigating the Golden State’s maze of complex leave and time off laws can be challenging. In the second webinar of our two-part series on employee leaves, the speakers will address the interactive process and reasonable accommodation obligations under the California Fair Employment and Housing Act. The speakers will also discuss the nuances of California’s paid sick leave laws and other time off requirements under the California Labor Code.

OSHA Hour: CDPH’s Recent Orders and Cal/OSHA’s Changes to COVID-19 ETS and Draft 2023 Regulations

The California Department of Public Health (CDPH) recently issued an order expanding the definition of “close contact,” which affects workplace contact tracing, COVID -19 testing, and exclusions. This singular change has far-reaching implications, especially on retail, manufacturing, food processing, and distribution centers, as well as employers with large indoor workspaces. In this webinar, our panel of California attorneys will discuss the CDPH’s order and guidance, as well as the adjustments employers should consider making to their COVID-19 prevention plans and policies. The panel will also examine the California Division of Occupational Safety and Health’s (Cal/OSHA) proposed draft regulations for 2023, which include further regulatory changes.

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

Join us for a special edition of Betsy’s Briefings on Dobbs v. Jackson Women’s Health Organization, which will focus on two sets of practical issues for California employers: (1) employee benefits issues related to coverage for abortion services in California and other states (including travel expenses), and (2) leaves of absence for those who miss work to obtain abortion services.

Benefits, Leaves, Pay, and Accommodations Post-Dobbs: Critical Reminders for Employers

Join us for a webinar on Dobbs v. Jackson Women’s Health Organization , which will focus on two sets of practical issues for employers: (1) employee benefits issues related to coverage for abortion services and related travel expenses, and (2) leaves of absence for those who miss work to obtain those services. The speakers will also examine issues such as:

whether FMLA leave is available for an individual seeking an abortion;
whether an individual receiving abortion services may be considered disabled under the ADA;
whether Dobbs impacts health care coverage and medical travel reimbursement benefit options under employer medical plans; and,
how state aiding and abetting laws could affect employers that provide related benefits.

Revisiting Social Media Policies and Practices in the Age of the Employee/Influencer

In the modern age of employees turned social media influencers and increased social media activity, it is important—and sometimes challenging—for employers to craft operationally-useful and legally-compliant social media policies and best practices. Join this webinar for a discussion of key legal developments in this area (including from the National Labor Relations Board and the Federal Trade Commission). The speakers will also share important compliance considerations regarding employee social media activity.

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 June 2022 edition, they will cover the trend toward higher jury awards in Southern California employment cases, the employment-related bills pending in the California legislature, and new guidance from the U.S. Department of Labor about mental health conditions and the Family and Medical Leave Act. Guest speaker Chris Decker will discuss the Supreme Court’s recent Viking River Cruises decision on the use of arbitration agreements to stop lawsuits brought under California’s Private Attorneys General Act, and Karen Tynan will address Cal/OSHA’s newly proposed permanent COVID-19 Prevention Standards and the California Department of Public Health’s revised definitions of “close contact” and “infectious period.”

California Meal and Rest Break Trifecta: Donohue, Ferra, and Naranjo

The Supreme Court of California recently issued its third key decision on employee meal and rest breaks, making the topic among the most highly litigated and controversial compliance topics in California employment law. Join two of our experienced California wage and hour practitioners as they examine the California Supreme Court’s recent ruling in Naranjo v. Spectrum Security Services, Inc., and prior decisions in Donohue v. AMN Services, LLC and Ferra v. Loews Hollywood Hotel, LLC. Each of these cases significantly increase the liability risks for California employers who are not able to demonstrate regular compliance with California’s complex meal and rest break requirements. The speakers will address the practical implications of these decisions, and will offer practical strategies to enable California employers to manage the rising liability risks.

OSHA Hour: Smoke and Haze—West Coast Wildfire Smoke Regulations, Compliance, and Enforcement

California, Oregon, and Washington all have wildfire smoke air quality standards, which recognize the harmful chemicals and particles in wildfire smoke as a hazard for workers. Join this webinar for a review of the current regulations and employer responsibilities and protocols, with Karen Tynan and Kevin Bland explaining the California standards and employer compliance, and Kathy Fletcher covering Washington and Oregon. The speakers will also provide an action plan for employers.

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

For California HR professionals and in-house counsel, navigating the Golden State’s maze of complex leave and time off laws can be challenging. There are dozens of state and local laws that govern this area and plenty of ways to get them wrong. Join our two-part webinar for an overview of the various types of employee leaves under California law, as well as a discussion of the compliance measures employers can take to minimize potential exposure. In the first webinar, the speakers will address issues related to the California Family Rights Act (CFRA), California Pregnancy Disability Leave (PDL), and other time off provisions included in the California Labor Code.

Keeping Current in California With Leslie and Charles

Stay up to date on the latest California employment law developments in our recurring webinar series with Leslie and Charles. In our May 2022 edition, they will discuss the latest revisions to Cal/OSHA’s COVID-19 Prevention Emergency Temporary Standards and new California decisions about whether COVID-19 is a covered disability under state law. They will also cover the EEOC’s recent guidance on the use of artificial intelligence (AI) and algorithmic decision-making processes to make employment decisions, as well as California’s own proposed regulations on AI. Guest speaker Sean Nalty will provide strategies for complying with new California Consumer Privacy Act requirements. Finally, they will answer some questions from last month’s webinar and introduce a new segment on California leaves of absence.

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 May edition, we will discuss new state laws, employee presenteeism, strategies for addressing employees’ negative social media posts, updates to your legal hold template, seismic labor organizing changes, driving as an essential function in the rideshare era, and more.

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

The pandemic has wreaked havoc on staffing models in most industries. Companies are increasingly using subcontractors, staffing companies, professional employer organizations, and independent contractors to fill the gaps in their workforce. While contingent workers can provide temporary or long-term help, the legal relationship among the workers, the companies that supply or refer the workers, and the hiring entities has the potential to create a joint employment relationship, as well as other liability risks for everyone involved. In this month’s webinar, the speakers will address these issues and provide proactive strategies for companies to consider as they manage these complex relationships.

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.