Effective January 1, 2023, California employers must continue to provide notification to employees of COVID-19 exposure in the workplace through 2023, but will be able to satisfy the notification obligation by displaying a notice in the workplace. On September 29, Governor Gavin Newsom signed AB 2693 into law, revising and extending the existing obligation for
Salary and Pay Range Disclosures: California Calls “Next”
It is official. California has joined Colorado, Washington and New York City in requiring job posting to include pay ranges. Today (September 27, 2022), Governor Newsom signed SB 1162 into law, requiring California employers with 15 or more employees to include the salary or hourly wage range of positions in job listings. SB 1162 also
Invitation: A Conversation with Special Guest Speaker EEOC Commissioner Keith Sonderling
Join us for an in-person event with special guest, EEOC Commissioner Keith Sonderling
Commissioner Sonderling is recognized for his thought leadership on inclusive AI. He is at the forefront of advocating for rational AI enforcement that meets the mandate of equality without disrupting innovation. He has noted the value of learning the perspectives of innovators
California Employers: Inflation May Affect Your Employees’ Exempt Status and Minimum Wage Obligations
California employers will need to review and confirm their employees’ exempt status and non-exempt hourly wage rates before the start of the new year because of an unusual change in the statewide minimum wage applicable to all California employees.
On July 27, 2022, the California Director of the Finance Department sent a letter to Governor
Should Employers Still Care About COVID-19?
Special thanks to guest contributor, Melissa Allchin.
COVID-19 has been a mainstay for over two years now. Notwithstanding the pandemic’s devastating impacts, employers (and employees) have tired of thinking about COVID-19, and are ready to allocate their energy and resources to other pressing matters, such as the economic crisis or transformative geopolitical events.
Though
COVID-19: It’s Not Over Until It’s Over, Employers (Video)
Special thanks to presenter Melissa Allchin.
The possibility of putting COVID-19 in our collective rearview mirrors grows every day. But before we declare the pandemic over, our Labor & Employment and Immigration lawyers discuss the key items employers should keep in mind as we head towards the pandemic’s exit, including:
- contact
Go Forth and Arbitrate, But Do So Alone: SCOTUS Holds Employers May Compel Employees to Arbitrate Individual PAGA Claims
The U.S. Supreme Court just handed employers a huge win in the continuing war over California’s Private Attorneys General Act (PAGA), a bounty-hunter statute that deputizes employees to sue on behalf of the state. In yesterday’s Viking River Cruises, Inc. v. Moriana, decision, the Supreme Court held that employers may compel employees to arbitrate
Why Insurers May Worry About New York City’s New Salary Transparency Law
We are pleased to share a recent Life Annuity Specialist article, “Why Insurers May Worry About New York’s Salary Transparency Law,” with quotes from Robin Samuel. This article discusses the likely impact of New York City’s new salary transparency law on insurers, other employers and job postings in New York City.
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The Supreme Court of California Has Ruled: Break Premiums Are Wages That Must Be Listed on Employee Paystubs and Paid Immediately on Termination of Employment
The Supreme Court of California has just resolved a long-standing debate over whether employees may recover additional statutory penalties if employers do not include unpaid premium payments for meal period and rest break violations (commonly referred to as “break penalties”) on employee paystubs, or include such premium payments with an employee’s final wages due immediately
Washington State Takes Aim At Workplace NDAs Under Its Silenced No More Act
On March 24, 2022, Governor Jay Inslee signed into law Engrossed Substitute House Bill 1795, also known as the Silenced No More Act, which expands worker protection in Washington State. More specifically, it prohibits employers from requiring or requesting that workers sign agreements containing nondisclosure or non-disparagement provisions restricting their right to discuss factual information regarding illegal discrimination, harassment, sexual assault, retaliation, wage and hour violations, or any other conduct “that is recognized as against a clear mandate of public policy.” Washington State’s Silenced No More Act will go into effect on June 9, 2022.
While other states such as California, New York, and Illinois have enacted similar NDA-narrowing laws covering different forms of employment discrimination, Washington’s new law is arguably the most restrictive. For instance, New York, California, and Illinois prohibit nondisclosure provisions related to unlawful discrimination in settlement agreements unless an employee wants such confidentiality. Washington State, however, takes it a step further by barring confidentiality clauses even if requested by the employee (as defined by the Act). As another example, New York law still permits nondisclosure clauses in pre-employment and severance agreements, but Washington’s law applies broadly to any agreement between the employer and “employee” as defined in the Act, including independent contractors not typically protected by EEO laws.
While Washington is the most recent state to pass a law on this subject, it may not be the last. The movement to prohibit secrecy covenants is gaining traction as workers’ advocates push for legislation at both the state and federal level banning the use of such covenants.
Prohibited Agreements
The newly-added section to Chapter 49.44 of the Revised Code of Washington provides that “a provision in an agreement between an employer and employee not to disclose or discuss conduct, or the existence of a settlement involving conduct, that the employee reasonably believed to be illegal discrimination, illegal harassment, illegal retaliation, a wage and hour violation, sexual assault, or against a clear mandate of public policy is void and unenforceable.” The Act broadly defines “employee” to include current, former, and prospective employees, as well as independent contractors; and encompasses all work-related conduct, whether occurring in the workplace or off-site.Continue Reading Washington State Takes Aim At Workplace NDAs Under Its Silenced No More Act