We had all heard it was coming, and now it looks like it’s here and going to stay awhile. Businesses have been given curfews, indoor dining is curtailed again, and schools are going all virtual. We are back, but what is different this time is many people are suffering from “quarantine fatigue.” That being the case, employers must not treat this wave differently than they did the last time. New Jersey has recently set forth requirements that employers must follow for those employees in the office.
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The Second Wave is Here – N.J. Executive Order 192 Imposes New Pandemic-Related Requirements for Employers Posted on: December 03, 2020 In: Labor & Employment, COVID-19 Response
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California Adds Good Faith Exception to “No Rehire” Provisions in Employer-Employee Settlement Agreements Posted on: December 01, 2020 In: Labor & Employment
On September 11, 2020, California Governor Newsom signed Assembly Bill 2143, which slightly modifies the law concerning no rehire clauses in settlement agreements. AB 2143 amends CCP §1002.5 to permit “no rehire” provisions in settlement agreements when the “aggrieved person” did not bring their claim in good faith. This good faith exception stands for the proposition that an employee must have filed their claim against the employer in good faith in order to be considered an “aggrieved party.”
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California Minimum Wage to Increase in 2021 Posted on: November 25, 2020 In: Labor & Employment
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 Voters Make CCPA 2.0 a Reality – California Privacy Rights Act Ballot Measure Passes Posted on: November 10, 2020 In: Data Privacy & Cybersecurity
On 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 & Employment
California’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 & Employment
As 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 & Employment
Recent 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 Response
The 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 & Employment
On 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 & Cybersecurity
On 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 Response
In 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 & Employment
Last 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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