Over the last year, the U.S. Securities and Exchange Commission (“SEC”) has been laser-focused on the use of personal devices by employees of the large Wall Street banks to conduct company business. The SEC’s investigations have focused on whether the banks complied with the “books and records” requirement that they preserve all communications that relate to
California Businesses and Employers
California Immediately Expands COVID-19 Supplemental Paid Sick Leave Through 2022
In February 2022, California enacted Senate Bill (“SB”) 114, which created California Labor Code section 248.6 to provide COVID-19 Supplemental Paid Sick Leave (“CSPSL”) to covered employees. CSPSL was due to expire on September 30, 2022. On September 29, 2022, Governor Gavin Newsom signed Assembly Bill (“AB”) 152, which (1) extends CSPSL through December…
Cal/OSHA Continues to Consider Adoption of a COVID-19 Permanent Standard
On September 15, 2022, the California Occupational Safety and Health Standards Board (“Board”) met to consider whether to adopt the proposed COVID-19 Permanent Standard (“Permanent Standard”)[1] to replace the current Emergency Temporary Standard, which is due to expire on December 31, 2022. The public hearing resulted in more questions being asked than answered,…
What’s on Deck With Governor Newsom? Employment-Related Bills That May Soon Impact California Employers
In a last minute whirlwind of activity by California’s Legislature, a significant number of employment-related bills have now made their way to Governor Newsom’s desk and await their fate. Below are highlights of some of the bills that may affect California employers, should Governor Newsom sign them into law.
SB 1162: Pay Data Reporting and…
EEOC Updates Guidance Concerning COVID-19 Testing
As more employees return to the workplace after the Labor Day holiday, employers should be aware of the U.S. Equal Opportunity Commission’s updated COVID-19 Guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and other EEO Laws.” The updated guidance follows its Vaccination Policy Update and primarily addresses workplace safety questions,…
Cal/OSHA Announces Public Hearing on Proposed COVID-19 Permanent Standard
On September 15, 2022, the California Occupational Safety and Health Standards Board (“Board”) will hold a public hearing to address its draft proposed COVID-19 Permanent Standard (“Permanent Standard”).[1] At the hearing, the Board will hear comments from the public in favor of adopting, amending, or repealing the Permanent Standard. The good news for employers…
Union Election Petitions on the Rise, Total Number of FY21 Petitions Eclipses in First Three Quarters of FY22
POSTED IN NATIONAL LABOR RELATIONS ACT, NATIONAL LABOR RELATIONS BOARD, NLRB
On July 13, 2022 the National Labor Relations Board (“NLRB” or the “Board”) announced that by May 25th, 2022 the number of union representation petitions filed with the Board surpassed the total number of petitions filed in all of Fiscal Year 2021. Representation petitions…
San Francisco Ordinance Requires Employers to Provide Paid Public Health Emergency Leave
San Francisco employers will soon be required to comply with an additional Ordinance providing San Francisco-based employees with paid leave during future public health emergencies. In the June 7, 2022 election, San Francisco voters passed Proposition G. It requires employers with 100 or more employees worldwide to provide up to 80 hours of paid public health emergency…
Reminder: San Francisco’s Family Friendly Workplace Amended Ordinance Takes Effect July 2022
On July 13, 2022, San Francisco’s amended Family Friendly Workplace Ordinance (FFWO) goes into effect. All employers who conduct business and have employees working in the City and County of San Francisco or employees who telework, will need to comply with the FFWO. It gives employees the right to request “flexible or predictable work arrangements”…
Cal/OSHA Adopts Fourth Iteration of COVID-19 Emergency Temporary Standards
On April 21, 2022, the California Division of Occupational Safety and Health (“Cal/OSHA”) Standards Board adopted the fourth iteration of its COVID-19 Emergency Temporary Standards (“ETS”). Sheppard Mullin previously wrote about the proposed revisions to the current ETS here, which were adopted without substantive changes. The revised ETS will become effective once approved by…
Further Updates to Cal/OSHA’s COVID-19 Emergency Temporary Standards Likely Coming Soon
At its upcoming April 21, 2022 meeting, the California Division of Occupational Safety and Health (“Cal/OSHA”) Standards Board will decide whether to readopt the fourth iteration of its COVID-19 Emergency Temporary Standards (“ETS”), which first went into effect on November 30, 2020. The ETS apply to all employees not covered by Cal/OSHA’s Aerosol Transmissible Disease…
California Reinstates COVID-19 Supplemental Paid Sick Leave
We previously described the “framework” for an agreement to reinstate California’s Supplemental Paid Sick Leave. Governor Newsom signed Senate Bill (“SB”) 114 into law on February 9, 2022. The specifics of the bill are summarized below.
California’s New COVID-19 Supplemental Paid Sick Leave Law
In 2021, California enacted Senate Bill (“SB”) 95, which provided COVID-19…
California Likely to Soon Implement COVID-19 Supplemental Paid Sick Leave, Retroactive to January 1, 2022
On January 25, 2022, Governor Gavin Newson announced a “framework” for an agreement to reactivate California’s COVID-19 Supplemental Paid Sick Leave (“COVID PSL”) law for the period from January 1, 2022 to September 30, 2022. California employers should assume this agreement will become law in some form and prepare accordingly to re-institute supplemental paid sick…
COVID-19 ETS Requiring Vaccination or Weekly Testing Withdrawn
On January 25, 2022, the federal Occupational Safety and Health Administration (“OSHA”) announced its withdrawal of the COVID-19 Emergency Temporary Standard (“ETS”) requiring vaccination or weekly testing. This action came shortly after the United States Supreme Court stayed the immediate implementation and enforcement of the ETS. You can read our prior article about the Supreme…
UPDATED: NYC Council Passes Bill Granting Paid Sick Leave to Parents Vaccinating Children Against COVID-19
UPDATE: this law became effective on December 24, 2021, retroactive to November 2, 2021.
As previously discussed in our December 10, 2021 article, the New York City Council passed a bill requiring New York City employers to provide employees who are parents or legal guardians of a child with four hours of paid COVID-19…
Illinois Imposes New Restrictions on Non-Competes and Non-Solicits
Illinois recently passed legislation amending the Freedom to Work Act (the “Act”), following a growing trend of states imposing greater restrictions on employers’ use and enforcement of non-competition and non-solicitation covenants.
On January 1, 2022, SB 672 took effect, clarifying ambiguities in the original Act and levying additional requirements on Illinois employers who seek to…