FELS Newsletter: January & February 2023
Cal/OSHA COVID-19 Non-Emergency Regulations Now in Effect
Cal/OSHA’s two-year, non-emergency COVID-19 regulations took effect on Feb. 4. It will remain in effect for two years. It is broadly similar to iterations of COVID-19 emergency temporary standards employers were required to comply with for the last three years, including requirements for: The regulations rely on guidance from the California Department of Public Health […]
California Minimum Wage Increases for 2023
In 2016, then-Gov. Jerry Brown signed Senate Bill 3, to provide a six-step statewide annual increase to California’s minimum wage. The newly amended Labor Code also provided that California employ a two-tiered minimum wage system, requiring so-called “large employers” (those with 26 or more employees) to pay a higher minimum wage than “small employers” (those […]
Federal Pregnant Workers Fairness Act and Providing Urgent Maternal Protections for Nursing Mothers Act
President Joe Biden has signed the Consolidated Appropriations Act of 2023, which included two acts providing federal employment protections to mothers. The Pregnant Workers Fairness Act (PWFA), which will take effect on June 27, requires employers to provide reasonable accommodations to pregnant employees as long as doing so does not impose an undue hardship. The […]
Request for “FMLA Leave” Is Protected Activity, Court Says
Even if the employee doesn’t qualify. Picture this. You ask your boss whether you can take leave under the federal Family and Medical Leave Act. Your boss asks why you want the leave, and you say your cat is sick.* It’s your favorite cat. Your boss replies, “You want FMLA leave because your cat is […]
ALRB Card Check Guidance
The Agricultural Labor Relations Board (ALRB) has released guidance on actions it has taken to implement Assembly Bill 2183 (Stone), the “card check” bill signed by Gov. Gavin Newsom in September and that took effect on Jan. 1. The guidance webpage includes a description of AB 2183, a form an employer may use to register for […]
CA Civil Rights Dept. Issues FAQs on New Payroll-Data Reporting Requirements
In addition to requirements to furnish job candidates and employees with salary range information (see California Releases Guidance on Pay Scale Disclosures, Seyfarth Shaw, below), Senate Bill 1162 (Limon, 2022) imposes new pay-data reporting requirements for employers. The California Civil Rights Department (CRD; formerly the Department of Fair Employment and Housing) has released updated frequently asked questions clarifying […]
California Releases Guidance on Pay-Scale Disclosures
Seyfarth Synopsis: As we blogged about previously, California passed a landmark pay transparency law in September 2022. As promised, the Labor Commissioner’s office has issued FAQs addressing big employer questions regarding who is covered, information required to be disclosed, and details on remote job postings. On Dec. 27, the California Labor Commissioner’s office released eagerly anticipated Frequently Asked […]
USDOL Announces 2023 Adjustments to Civil Penalties for OSHA Violations
In mid-January, the U.S. Department of Labor announced increases in civil penalties levied by it against employers charged with occupational safety and health violations. The maximum federal penalty for a serious and other-than-serious violation increased from $14,502 to $15,625. The penalty for a willful or repeated violation increased from $145,027 to $156,259. States that operate […]
