Employers in The Golden State should be aware of the new legal requirements that will impact their businesses starting next year. Big changes await businesses with California employees in 2021. On January 1, 2021, the minimum wage in California will increase. The wage increase will be dependent upon the number of persons employed by the employer.
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California Minimum Wage to Increase in 2021 Posted on: November 25, 2020 In: Labor & Employment
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California Voters Make CCPA 2.0 a Reality – California Privacy Rights Act Ballot Measure Passes Posted on: November 10, 2020 In: Data Privacy & CybersecurityOn November 3, 2020, California voters approved Proposition 24, otherwise known as the California Privacy Rights Act (CPRA), a ballot measure that will expand the privacy protections for California residents under the existing California Consumer Privacy Act (CCPA). Effective January 1, 2023, the CPRA significantly amends the CCPA by expanding consumer rights, heightening privacy protections, and establishing an enforcement agency dedicated to protecting consumers through vigorous enforcement of the law.
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Hands Off My Wages! Five Steps Employers Can Take to Comply With the Notice Requirements of California’s Wage Theft Protection Act Posted on: November 09, 2020 In: Labor & EmploymentCalifornia’s Wage Theft Prevention Act requires employers to provide most employees with written notice of their compensation and certain rights under the Labor Code. Here are five steps employers can take to ensure compliance with the notice requirements.
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Finally! Proposed Rule by EEOC Will Give Employers a True Opportunity at Conciliation Prior to Litigation Posted on: November 05, 2020 In: Labor & EmploymentAs many employers throughout the country are well aware, once the Equal Employment Opportunity Commission (EEOC) finds reasonable cause on a charge of discrimination, litigation inevitably ensues. What employers may not know is that, in theory, the EEOC has always been required to attempt to secure a conciliation agreement in good faith prior to proceeding with litigation against the employer. The problem? The agency just wasn’t giving conciliation much of an effort.
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To Avoid FLSA Liability, Employers Should Use Actual Time Worked Posted on: October 29, 2020 In: Labor & EmploymentRecent cases illustrate the exposure to liability under the Fair Labor Standards Act (FLSA) that employers can avoid by using actual time worked by employees to calculate overtime, instead of using techniques designed to approximate how much to pay employees based on estimated hours worked. These cases show that the benefits of short cuts may be outweighed by the exposure to liability, costs, and distractions of litigation created by lawsuits challenging such techniques to estimate time worked.
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FBI Healthcare Alert - Imminent Threat Of Widespread Ryuk Attack Posted on: October 29, 2020 In: Data Privacy & Cybersecurity, COVID-19 ResponseThe FBI and DHS-CISA issued a warning on October 28, 2020 about an imminent threat to hospitals and healthcare providers. They represent that they have credible information to suggest there will be a widespread Ryuk ransomware attack this weekend (October 30 - November 1), and the FBI, DHS and the NSA's Cybersecurity Threat Operations Center are currently investigating the matter. It is recommended that hospitals and healthcare providers implement the following measures as soon as possible.
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California “Propositions” to Re-Implement Affirmative Action in Public Sector Hiring: What Employers Need to Know Posted on: October 23, 2020 In: Labor & EmploymentOn the upcoming November 3, 2020 ballot, Proposition 16 proposes to amend the California Constitution to allow public sector employers to consider race, sex, color, ethnicity, or national origin in hiring decisions. This proposition comes on the heels of the recent protests against police brutality and is thought to promote diversity in the workplace, which will in turn reduce adverse treatment of minorities in local communities.
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California Seeks to Heal HIPAA & CCPA Divisions with AB 713 Posted on: October 19, 2020 In: Data Privacy & CybersecurityOn September 5, 2020 the California legislature passed AB 713, amending the California Consumer Privacy Act (CCPA). The bill alleviates some of the burdens imposed on medical research and healthcare operations by the CCPA, and imposes new requirements and restrictions on businesses that sell or disclose de-identified health data. The bill also contains an emergency clause enabling it to take effect immediately upon the governor's approval.
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The Next Major Public Health Crisis Posted on: October 15, 2020 In: Data Privacy & Cybersecurity, COVID-19 ResponseIn 2014, a business associate of a healthcare entity was notified by law enforcement that it had suffered a cyberattack to the company's information system. The hackers were able to access and exfiltrate the health information of more than 6 million people from numerous entities served by the business associate. In addition to a fine issued by OCR, a related covered entity was sued and a multimillion-dollar settlement was reached. OCR placed the covered entity under a very detailed corrective action plan.
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Domestic Workers in California Will Not Receive OSHA Protections Posted on: October 14, 2020 In: Labor & EmploymentLast month, California Governor Gavin Newsom vetoed Senate Bill 1257, which had been passed by the California legislature to provide protections to household domestic service workers. The bill sought to delete the household domestic services exception to Labor Code section 6303, which requires employers to comply with California Division of Occupational Safety and Health Act (Cal/OSHA) standards for working conditions.
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Voting-Leave Laws: What Employers in New York Should Know Before Election Day Posted on: October 12, 2020 In: Labor & EmploymentOn Tuesday, November 3, 2020, Americans will have an opportunity to exercise their right to vote in the presidential election. With Election Day fast approaching, employers should know whether they are required to provide employees with time off to cast their ballots at the polls. Even though many states have expanded absentee voting in light of the COVID-19 pandemic, employers must still be mindful of the laws in their state concerning an employee’s ability to visit the polls during the workday.
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Inclusion Provides Opportunities to Build the Strongest, Most Resilient & Creative Workforce for Future Success Posted on: October 08, 2020 In: Labor & EmploymentMany companies are strategizing on how to diversify their talent pool, not only with new recruits but all the way to the top. These companies not only seek to minimize potential discrimination claims – they strive to bridge the gender gap, shatter the glass ceiling, and create a multi-ethnic, multi-generational, and all-inclusive employee pool designed to contribute to the future success of the business. While these aspirations are admirable, they are only a first step.
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Featured Posts
- December 04, 2020 Respect and Communication: Pathways to Productive and Satisfied Employees
- December 03, 2020 The Second Wave is Here – N.J. Executive Order 192 Imposes New Pandemic-Related Requirements for Employers
- November 10, 2020 California Voters Make CCPA 2.0 a Reality – California Privacy Rights Act Ballot Measure Passes
- May 29, 2020 Seventh Circuit Court of Appeals Recent Decision in Molson-Coors v. Anheuser-Busch Affirms Lesson: Choose Words Wisely
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