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California Passes Three New Employment Bills that Impact All California Employers
October 7, 2022 • Christina Tantoy
Category: Legal Updates
- Pay Transparency Law [SB 1162]
Starting on January 1, 2023, employers are required to do the following:
• Include the pay scale for a position in any job posting, whether the posting is internal or external (only for employers with 15+ employees).
• Upon an employee’s request, provide the pay scale for the position in which the employee is currently employed.
• Maintain records of each employee’s job title and wage rate history for the duration of an employee’s employment and three years after the end of the employment. These records shall be open to inspection by the Labor Commissioner.
• Provide pay scale data to any third-party who announce, post, publish, or otherwise make known a job posting to applicants.
Protecting Cannabis Users - Don’t let Outdated Drug Screening Policies be the Smoking Gun in a Discrimination Case Against Your Company
September 28, 2022 • Shirley A. Gauvin
Category: Legal Updates
California’s Fair Employment and Housing Act prohibits employment discrimination based on certain protected classes and empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices. On September 18, 2022, Governor Gavin Newson signed AB 2188, which, upon its effective date of January 1, 2024, essentially adds a new category of protected persons – cannabis users.
Do You Know Your Obligations to Transgender Employees and Job Applicants?
September 22, 2022 • Anne-Marie Mizel
Category: Legal Updates
The subject of transgender Americans has been raised a lot recently, sometimes in political contexts, but regardless of the politics, it is important for employers to understand their obligations with respect to transgender employees and job applicants. On June 15, 2020, the Supreme Court held that discrimination against gay or transgender employees “simply for being homosexual or transgender” was clearly a violation of Title VII. Some localities, including New York City, have passed legislation mandating the use of employees’ chosen pronouns, and the EEOC notes that failure to do so can contribute to a hostile environment under Title VII. And the Fourth Circuit Court of Appeals recently decided that gender dysphoria, “discomfort or distress that is caused by a discrepancy between a person’s gender identity and that person’s sex assigned at birth,” which often accompanies transgender status, can be a “disability” under the Americans with Disabilities Act.
Recent California Case May Cause Employers to Rethink How They Provide Employees with Suitable Seating
August 25, 2022 • Christina Tantoy
Category: Legal Updates
Most California employers understand that they are required to provide suitable seating to employees when the nature of their work reasonably permits the use of seats. However, a California Court only recently opined on specifically what it means to “provide” suitable seating. In July of 2022, in Meda v. AutoZone, an Appellate Court ruled that employers may need to do more than simply have seats available in the workplace.
There are two Georgia employment laws effective this summer that employers should be aware of in reviewing their policies.
D.C. Non-Compete Ban Narrowed by D.C. Council
August 9, 2022 • W. Baker Gerwig, IV
Category: Legal Updates
In December of 2020, the D.C. City Council passed the Ban on Non-Compete Agreements Amendment Act of 2020, which would have added D.C. to a growing list of states and localities that either completely ban or severely limit the enforcement of non-compete agreements by completely banning non-compete agreements within the District. However, after numerous delays and challenges from the public, the Council followed up with the Non-Compete Clarification Amendment Act of 2022 on July 12, 2022.
Potential Pitfalls in Your Remote Work Policy
July 28, 2022 • Anne-Marie Mizel
Category: Legal Updates
Almost every business uses remote workers these days. But the potential pitfalls of remote work include potential legal liability if care isn’t taken to ensure legal compliance.
The CROWN Act: Protecting Austin Employees from Hair Discrimination
July 8, 2022 • Jordan A. Fishman
Category: Legal Updates
With its implementation of the Creating a Respectful and Open World for Natural Hair (“CROWN”) Act in June, the City of Austin joins twelve states who have passed legislation amending the definition of the word “race” to include protections against hair discrimination. As a result, the City Code’s definition of “unlawful employment practice” will include “protective hairstyles,” which means a hairstyle necessitated by, or resulting from, the characteristics of a hair texture or hairstyle commonly associated with race, national origin, ethnicity, or culture, and includes, but is not limited to:
UPDATE: Los Angeles City Council Formally Adopts Hotel Workers Ordinance Today
June 28, 2022 • Christina Tantoy
Category: Legal Updates
Earlier today, the Los Angeles City Council voted to skip the November ballot process and instead formally approve the City of Los Angeles Hotel Workers Ordinance (also known as the “Workplace Security, Workload, Wage and Retention Measures for Hotel Workers Initiative Ordinance”).
New Regulations Regarding Tipped Employees in Pennsylvania
June 23, 2022 • Anne-Marie Mizel
Category: Legal Updates
Pennsylvania employers must take note of major changes to Pennsylvania’s regulations regarding tipped employees that will take effect on August 5, 2022. Many of these changes differ from federal law, but must be followed, because the federal Fair Labor Standards Act states that any state law more favorable to employees than the FLSA will take precedence. Key changes are as follows: