Keeping Current in California With Charles and Leslie

In this edition of Keeping Current in California, Charles Thompson and Leslie Wallis will discuss recent cases that may affect California employers’ decision to present employee arbitration agreements, as well as pending legislation that could impact employers’ enforcement of restrictive covenants. They also will cover height and weight discrimination, the status of the U.S. Secretary of Labor appointment, new guidance from the EEOC related to COVID-19 and from the DOL on the PUMP Act, and litigation relating to employers classifying gig workers as independent contractors. Aaron Cole, a member of the firm’s Wage and Hour Practice Group, will address new and pending issues in California wage and hour law.

SB 1718 and the Impact of Florida’s New Immigration Law on Employers and Their Workforce

On May 10, 2023, Florida Governor Ron DeSantis signed Senate Bill (SB) 1718, which makes using E-Verify mandatory for employers with 25 or more employees. The law, which will take effect on July 1, 2023, also imposes significant penalties on employers for the knowing and willful transport of undocumented workers. Join this webinar for a discussion of SB 1718 and its impact on both employers and their workforce.

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

The California Labor Code and wage orders contain a myriad of provisions that mandate how, when, and how much to pay employees. In this two-part series, the speakers will address the most common California wage and hour issues and provide compliance tips.

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 cover “deepfake” technology and other artificial intelligence updates, the PUMP for Nursing Mothers Act, worker outburst protections, the fate of the two-step conditional certification process in Fair Labor Standards Act matters, worker wellbeing, and more.

I-9 Compliance Series: The Basics, Part 4—Immigration-Related Discrimination and the Role of DOJ’s Immigrant and Employee Rights

The I-9 compliance webinar series is designed for attorneys and HR professionals who are new to the employment eligibility verification process, or who simply want to review the basics.

In the fourth part of the series, the speakers will focus on the role of the Department of Justice’s (DOJ) Immigrant and Employee Rights Section (IER) in enforcing the anti-discrimination provision of the Immigration and Nationality Act. The speakers will review the four types of discrimination the IER oversees, discuss several recent cases, and provide key takeaways on how to avoid the pitfalls of being “too strict” with work authorization documents.

Immigration Issues Triggered by Reductions in Force: Key Considerations for Employers and Employees

Many U.S. employers have undergone reductions in force, layoffs, and hiring freezes, and there may be more to come. In this webinar, the speakers will review important immigration-related considerations for employers that may impact individual immigration cases as well as overall immigration programs. Topics will include grace periods and options based on visa type as well as how layoffs and hiring freezes affect green card programs and individual cases.

Keeping Current in California With Leslie and Charles

In this edition of Keeping Current in California, Leslie Wallis and Charles Thompson will discuss the new employment legislation winding its way through Sacramento. They also will review the new PUMP for Nursing Mothers Act and Pregnant Workers Fairness Act, bereavement leave considerations, unanswered questions relating to the latest California privacy regulations, the recently issued Los Angeles Fair Work Week Ordinance regulations, and new decisions related to religious accommodation, discrimination, and paid sick leave. Karen Tynan, the chair of Ogletree’s West Coast OSHA practice, will join the discussion with Cal/OSHA updates, including indoor heat guidance.

West Coast Heat Illness—California, Oregon, and Washington: Unique Heat Illness Regulations and Enforcement

With the days getting hotter and the first day of summer less than three months away, employers must again turn their attention to heat illness prevention. In addition to the U.S. Occupational Safety and Health Administration’s (OSHA) standards, California, Oregon, and Washington State have their own specific heat illness regulations. Join this webinar for a review of best practices for compliance, training, and plan conformity. The speakers will also discuss enforcement pitfalls and employer policy requirements.

Countdown to New York City’s Automated Employment Decision Tools Law: Final Rules and Related Initiatives

On April 6, 2023, the New York City Department of Consumer and Worker Protection published final rules to implement the city’s automated employment decision tools law and announced its intention to begin enforcement on July 5, 2023. The law conditions employers’ and employment agencies’ use of such tools in recruiting and employment decision-making on the entities’ performance of bias audits and furnishing of notifications to candidates and employees. In this webinar, the speakers will address the practical implications of the law and final rules for New York City and multistate employers, and discuss related federal and state initiatives and trends to watch in 2023.

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

In today’s workplace, employees are increasingly comfortable raising and discussing social and political issues at work. At the same time, employees who express or discuss politics and current affairs at work can create an uncomfortable and even a hostile work environment for their coworkers. Where do employers draw the line? This webinar will address employee rights to engage in political and social expression under California Labor Code sections 1101 and 1102 and will provide practical tips and proactive strategies for maintaining a respectful and productive workplace.

Violence in the Workplace: Preventive Measures for Employers in Tragic Times

Incidents of workplace violence, including harassment, threats, cyberbullying, and even active shooter situations, have become commonplace. Creating a violence-free workplace is every organization’s goal, but how do employers foster a safe environment? Join our speakers as they share their insights for identifying the early warning signs of violent behavior and implementing an action plan to prevent (or minimize the impact of) incidents of violence. The speakers will also provide an overview of the current state of firearms restrictions across the United States to help employers create a foundation for what they can and cannot do with regard to their workplace violence prevention plans.

2023 Immigration Hot Topics: Outlooks and Updates

There is no shortage of updates for employers related to immigration. Join us for a webinar focusing on immigration hot topics, trends, and updates for 2023. The speakers will discuss key areas of interest such as U.S. Citizenship and Immigration Services (USCIS) fee increases, pay transparency, travel updates, immigration processing timelines, enforcement/compliance, and more.

I-9 Compliance Series: The Basics, Part 3—What to Expect From HSI Worksite Enforcement Audits and Investigations

The I-9 compliance webinar series is designed for attorneys and HR professionals who are new to the employment eligibility verification process, or who simply want to review the basics.

In the third part of the series, the speakers will outline the standard process for Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) audits and investigations, and provide practical tips for responding to such enforcement mechanisms. This webinar will also include a basic discussion of the civil fines matrix.

Employee Benefits and Executive Compensation Series: Part 5—Hot Topics and Trends in Payroll for 2023

In the fifth and final installment of our Employee Benefits and Executive Compensation webinar series, the speakers will cover frequently recurring payroll questions and issues, as well as new issues for the coming year, including remote work taxation, employee retention credits, and legislative and administrative updates. Join us as we round out the series!

Keeping Current in California With Charles and Leslie

In this edition of Keeping Current in California, Charles Thompson and Leslie Wallis will review new and upcoming California laws, including local minimum wage increases, the Los Angeles Fair Work Week Ordinance, and the San Francisco Military Leave Pay Protection Act. Los Angeles shareholder Robert Roginson will discuss Acting U.S. Secretary of Labor Julie Su’s tenure with the California Labor and Workforce Development Agency and what we might expect if she is confirmed. West Coast Chair of Ogletree’s Workplace Safety and Health Practice Group Karen Tynan will also bring us up to speed on the California Department of Public Health’s new March COVID-19 order and guidance.

Employee Benefits and Executive Compensation Series: Part 4—Qualified Plans

Retirement plans remain a complex maze of rules, regulations, and trends for plan sponsors and plan fiduciaries. This webinar will focus on the immediate issues arising from the SECURE 2.0 Act of 2022, as well as fiduciary issues, including environmental, social, and governance (ESG) investing and cybersecurity, that will impact qualified retirement plans for years to come. The speakers will provide insights on plan amendments and communications with plan participants, best practices for partnering with service providers, and strategies to adequately protect plan fiduciaries.

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, we will cover: the National Labor Relations Board’s McLaren Macomb decision and what it means for confidentiality and nondisparagement clauses; remote work “body doubling”; wage and hour updates; “severe and pervasive” decisions post-#MeToo; quiet hiring; engaging the newest workforce; personality tests; and more.

Employee Benefits and Executive Compensation Series: Part 3—Health and Welfare Benefits

Part three in our Employee Benefits and Executive Compensation webinar series will offer practical insights on two key challenges facing health and welfare benefit plans in mid-2023.  The speakers will focus on the range of legal, administrative, and plan design challenges presented by the expected end of the federal COVID-19 emergency orders on May 11, and the related July 10 end of the “outbreak period.” In addition, the speakers will address the discrete impact of the California Privacy Rights Act on welfare plans ahead of the July 1. 2023, enforcement date.

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

It seems like the economy is on a roller coaster ride. One day the economy is strong and the next day companies are announcing layoffs and reductions in force (RIF). Given the uncertainty, many employers are facing the difficult decision to reduce their headcounts in an effort to reduce costs. In California, layoffs, furloughs, relocations, or closures may implicate the California Worker Adjustment and Retraining Notification (WARN) Act as well as other aspects of the California Labor Code. This webinar will review the legal mandates and offer practical compliance tips.

Equal Pay Day Series: Part 3— Pay Transparency and Other Hot Topics in Pay Equity

In this third and final session of our Equal Pay Day webinar series, the speakers will touch on recent developments in the pay equity arena, with a particular focus on pay transparency. How can multistate employers best comply with the rapidly evolving state pay equity laws? How do U.S. pay transparency laws stack up against their global counterparts? Join this webinar for guidance on these compliance requirements, as well as other current considerations in pay equity.

Employee Benefits and Executive Compensation Series: Part 2—Hot Topics in ERISA Litigation

This webinar will focus on two hot topics many employers are facing in administering their employee benefit plans. First, the speakers will review recent case decisions and trends regarding arbitration provisions for employee benefit plans. Second, the speakers will provide an update on COBRA class action lawsuits and offer practical tips on how employers can minimize their exposure to these types of claims.

I-9 Compliance Series: The Basics, Part 2—The I-9 Document Review Mandate and How to Stay Up-to-Date on Acceptable Documents

In the second part of our I-9 Compliance Series, the speakers will explain the basic process for document review in Section 2 (and reverification in Section 3) of Form I-9, Employment Eligibility Verification. The speakers will also discuss some of the newer document combinations that are now deemed acceptable but not listed on the Form I-9 Lists of Acceptable Documents.

New York Employment Law Update: What’s New in the Empire State

New York lawmakers have been busy—on both the state and local levels. Join us for a discussion of the updates New York employers need to know, including the rise of pay transparency, the dos and don’ts for handling employee absences, the expansion of lactation rights in the workplace, and more.

Employee Benefits and Executive Compensation Series: Part 1—Negotiating Executive Compensation Arrangements

Negotiating executive compensation arrangements is part art and part science. This webinar will focus on the negotiation of employment, retention, and severance arrangements; market trends and practices; and typical counterproposals that you can expect from employees. The speakers will provide insights on best practices, potential points of contention in the negotiation process, and the inclusion of provisions such as restrictive covenants and compensation clawbacks.

Equal Pay Day Series: Part 2—A Deeper Dive Into Pay Equity

In this second part of our Equal Pay Day webinar series, the speakers will dive into some of the more nuanced obligations related to pay equity. This webinar will cover topics such as aggregate pay reporting laws, best practices for pay equity audits, and attorney-client privilege issues. The speakers will also discuss pay equity laws outside the United States and provide compliance tips and strategies for employers with global operations.

 

Keeping Current in California With Leslie and Charles

New Year’s Day 2023 has come and gone, but new California legislation is here to stay. Charles and Leslie will discuss legislation and regulations currently challenging California employers, including state agency updates on pay data reporting and pay transparency. Karen Tynan, chair of Ogletree’s West Coast Workplace Safety and Health Practice, will discuss the new COVID-19/infectious disease standards and Leslie and Charles will explain how the approaching end of the COVID-19 state of emergency impacts paid COVID-19 leave. This webinar also will address legislation limiting employee monitoring, new EEOC hearing disability guidelines, new DOL teleworking standards, California’s increasing enforcement of wage claim violations, and accommodation and retaliation litigation.

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

From nonfraternization policies to “love contracts,” California employers go to great lengths to shield themselves from high-profile or “bet the farm” sexual harassment litigation. While employers cannot always prevent claims, they can take steps to ensure that they have a strong defense to such claims. In this session, the speakers will address the need for California-compliant harassment policies (not just sexual harassment); the role of supervisors and HR in preventing harassment; how to address complaints and incidents in the workplace; and California’s training requirements.

The Ins and Outs of H-2As and H-2Bs—A Potential Option for Shorthanded Temporary-Need Employers

Join this webinar as attorneys from Ogletree Deakins’ Immigration Practice Group discuss the differences between H-2A (agricultural) and H-2B (non-agricultural) work visas and which businesses qualify for each. The speakers will review the H-2B seasons and how the numerical cap process for H-2B visas works, as well as discuss strategies for obtaining temporary workers even if the H-2B cap is met. The webinar will offer timely pointers about the H-2A and H-2B programs and highlight steps to prepare for compliance-related concerns and government enforcement actions that tend to accompany these programs.

Equal Pay Day Series: Part 1—Foundational Concepts in Pay Equity

In recognition of Equal Pay Day, Ogletree Deakins is hosting a three-part webinar series that will highlight various pay equity topics for employers. In the first webinar, the speakers will cover key foundational concepts in pay equity, including a brief overview of the law’s history and its relevance over the years, the current applicable laws affecting employers, and tips to avoid litigation.

Give Your Restrictive Covenants a Little Love: Recent State Law Changes and the FTC’s Proposed Noncompete Rule

The Federal Trade Commission (FTC) recently issued a far-reaching notice of proposed rulemaking that would prohibit the use of noncompete clauses and preempt state laws that provide less protection for workers than the proposed rule. Despite the proposed rule, existing noncompete agreements that comply with state law remain in force. In this webinar, the speakers will review applicable state laws and steps employers can take to ensure their restrictive covenant agreements are reasonably tailored to protect legitimate business interests. The speakers will also discuss why the proposed rule may exceed the FTC’s rulemaking authority under the Federal Trade Commission Act, invade the state provenance of contract law, and trigger the major questions doctrine.