By Joseph Hadacek and Joshua A. Rodine

Seyfarth Synopsis: The California Supreme Court recently determined that meal and rest period premium payments are subject to the final pay timing requirements of Labor Code section 203 and the wage statement reporting requirements of Labor Code section 226(e). Additionally, the prejudgment interest rate for violating these sections is seven percent. Naranjo v.
Continue Reading California Supreme Court Finds Meal And Rest Premiums Subject To Wage Statement And Final Pay Requirements

DOL’s 2023 Priorities, Per Labor Secretary Marty Walsh. Additional personnel topped Labor Secretary Marty Walsh’s wish list for 2023 as he laid out next year’s proposed budget at a hearing in front of the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies. During the hearing, Secretary Walsh was candid: “To be completely honest, I need more
Continue Reading Seyfarth Policy Matters Newsletter – May 20, 2022

By Kristina M. Launey

Seyfarth Synopsis: On October 18, the DFEH issued Guidance which expressly approves denial of entry to individuals who cannot show a negative COVID test or proof of vaccination, refuse to have their temperature taken or respond to COVID-19 symptom screening questions, subject to providing reasonable accommodations to customers with disabilities.

In the latest COVID-related quandary, businesses

Continue Reading COVID Confusion Clarity: California DFEH Issues Guidance for Businesses Confronting Vaccination and Testing Exemption Requests

By Ilana R. Morady, Brent I. ClarkJames L. CurtisBenjamin D. Briggs, Adam R. YoungPatrick D. Joyce, Daniel R. Birnbaum, and Craig B. Simonsen

Seyfarth Synopsis: California Governor Gavin Newsom signed SB 606 into law on September 27, 2021. It creates two new categories of Cal/OSHA violations: “enterprise-wide” and “egregious”. It
Continue Reading California Senate Bill 606 to Beef Up Cal/OSHA Enforcement Authorities

By Benjamin D. BriggsBrent I. ClarkMark A. Lies, IIAdam R. YoungIlana R. Morady, and Craig B. Simonsen

Seyfarth Synopsis: Cal/OSHA, in a press release, noted that it recently issued citations to a food manufacturer and its temporary employment agency, with over $200,000 in proposed penalties to each employer for
Continue Reading Cal/OSHA Cites Food Manufacturer and its Staffing Firm for Failing to Protect Hundreds of Workers from COVID-19 Exposure

By Thomas F. Howley and Dov Kesselman

Seyfarth Synopsis: The DOL’s ARB rejected an employee’s SOX retaliation claim where he inadvertently provided information to his employer and only “hinted” that he was filing a SOX-protected complaint. The ARB seems unwilling to accept retaliation claims where the employee fails to report to, or actively conceals information from, the statutory entities under
Continue Reading ARB: No Protected Activity where Employee Inadvertently Informed Employer and Only “Hinted” at Filing Whistleblower Complaint

By Jay Connolly & Aaron Belzer

As cannabis growers and retailers struggle with the complex and onerous regulatory scheme governing California’s emerging legal marijuana marketplace, they may be excused for overlooking the requirements of California Safe Drinking Water and Toxic Enforcement Act of 1986—more commonly known as Proposition 65.  Neither the Medicinal and Adult-Use Cannabis Regulation and Safety Act
Continue Reading Proposition 65: Yet Another Challenge for California Cannabis Businesses to Bend Their Minds Around

By Christopher Truxler & Nicole Baarts

Seyfarth Synopsis: Workplace violence is no laughing matter. Although California law arms employers with strict laws to prevent workplace violence, no one wants to find themselves petitioning a court for emergency injunctive relief. Instead, employers should foster healthy workplaces and monitor early warning signs in order to address threats of violence before it is
Continue Reading “Office” Violence Is No Laughing Matter

By Robert T. Szyba, Gena B. Usenheimer, and Ryan B. Schneider

Seyfarth Synopsis: On December 3, 2018, the New Jersey Senate Labor Committee unanimously advanced a bill that would require covered hotels to provide “panic devices” to certain employees. New Jersey joins the increasing number of jurisdictions considering or enacting this form of anti-sexual harassment legislation.

Background
Continue Reading Phone, Wallet, Keys . . . Panic Button? Hotel Employee Panic Device Bill Advanced to New Jersey Senate for Further Consideration

By Jeffrey A. Wortman and Christopher Im

Seyfarth Synopsis: California Governor Brown signed into law last week Assembly Bill No. 2282 to clarify previously passed legislation that prohibits inquiries into an applicant’s salary history. Read on for a recap of Assembly Bill No. 2282.

When AB 168 was signed into law in October 2017, California prohibited employers from asking job
Continue Reading California Attempts to Clarify Salary History Ban Legislation