The United States Department of Labor, Occupational Safety and Health Administration (OSHA) has decided to sing the same song as its sister agency. Last Friday, August 13, OSHA updated its guidance for American workplaces, auto-tuning its recommendations for fully vaccinated employees to match recent guidance issued by the Centers for Disease Control and Prevention (CDC).

So much for the summer of freedom. As anticipated, the seven Bay Area counties of  San Francisco, San Mateo, Alameda, Santa Clara, Contra Costa, Marin, and Sonoma  plus, the city of Berkeley, announced today that they are now mandating that everyone — regardless of vaccination status — wear

On June 21, Santa Clara County’s Health Department revoked its May 18 Order (more here) and issued a new Order making it easier for employers to comply.

Now, so long as the business has already completed two rounds of “ascertainment” of the employees’ vaccine status, the business does not have to check employee vaccination

Special thanks to co-author, Monica Kurnatowska.

A convergence of forces is changing the public face of the boardroom: the increasing amount of data showing how inclusion and diversity improves performance, impassioned protests for gender equality, the impact of the Black Lives Matter movement, pressure from investors and shareholders, and legislation. While gender diversity has

Companies understand the benefits of bringing people together, and prior to COVID-19 many invested in new spaces in major cities to attract talent and encourage collaboration. Now that many workforces are operating remotely, how can employers instill company values and culture, maintain the employee experience, and effective and collaborative teams? How does the possibility of

With special thanks to Lothar Determann for this post.

The California Privacy Rights Act of 2020 (CPRA) introduces sweeping changes to the California Consumer Privacy Act of 2018 (CCPA), which already imposes an obligation on California employers to issue privacy notices to employees since January 1, 2020. These notices must be updated as

While most employers transitioned large segments of their workforces to remote work over the course of the past year, many also questioned how to satisfy various posting requirements when their workforce is at home. Fortunately, in late December, the Department of Labor (DOL) issued guidance on how employers can use virtual means to distribute and maintain the various posters required by federal employment laws.

Background

By way of reminder, several federal laws, including the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), the Employee Polygraph Protection Act (EPPA), and the Service Contract Act (SCA) require employers to post a notice of rights in a conspicuous location. Typically — and pre-pandemic — employers met the notice requirements by placing posters on bulletin boards in well-trafficked locations such as break rooms or lobbies. But with the increase in remote work, many employers used company email and intranets as a workaround to notify employees of their rights. Now, employers have guidance to ensure their practices are compliant.


Continue Reading DOL Guidance on Electronic Posting of Federally-Required Notices

On December 22, a California federal judge issued a nationwide preliminary injunction blocking President Donald Trump’s Executive Order on Combating Race and Sex Stereotyping (“Executive Order”).  The controversial Executive Order restricted diversity training for federal contractors by prohibiting contractors from providing training covering “divisive topics.” U.S. District Court Judge Beth Labson Freeman’s preliminary injunction takes effect immediately, remains in place until further order of the court, and prohibits the federal government from implementing or enforcing key provisions of the Executive Order.

Continue Reading Trump’s Executive Order Limiting Diversity Training Put On Ice For The Holidays

Here are several employment law changes we will likely see under a Biden Administration:

  • Bloomberg reported that Biden’s Labor Transition Team includes Obama veterans signaling a likely return to Obama-era worker protections.
  • President-elect Biden will likely focus on the ACA and its underlying policies (depending on the outcome of the U.S. Supreme Court’s decision in