On January 5, 2023, the Federal Trade Commission (“FTC”) unveiled a proposed ruling that would essentially ban noncompete agreements across the country. This proposed ruling is based on a finding that noncompete agreements constitute an unfair method of competition and violate Section 5 of the Federal Trade Commission Act.Continue Reading Non-Compete No More? FTC Proposes Broad Ban of Non-Compete Agreements
The Warehouse Quota Notices required by AB 701 are due today, January 31, 2022.
AB 701 requires that employers who have 100 nonexempt employees in any one California warehouse distribution center, or 1,000 nonexempt employees across warehouse distribution centers (including temporary employees), must provide a notice to each warehouse employee subject to a quota, containing:Continue Reading Reminder to Employers with California Warehouse Employees
On September 27, 2021, California Governor Gavin Newsom signed SB 62, also known as the Garment Worker Protection Act, into law. SB 62 makes California the first state to require an hourly minimum wage for garment workers by banning piece rate pay. SB 62 expands the definition of a garment manufacturer and extends the scope of liability for wage and hour violations to clothing brands—and likely some retailers. Under SB 62, “any person contracting for the performance of garment manufacturing” is joint and severally liable with any of their manufacturers and contractors, thus creating upstream responsibility for unpaid wages, attorney’s fees, and civil penalties arising from Labor Code violations. Although the new law does not become effective until January 1, 2022, companies that contract or subcontract for garment manufacturing, or have employees who perform garment manufacturing functions in California, should begin familiarizing themselves with SB 62 and determining whether/how it affects their business.
Continue Reading California Passes Law Establishing New Wage and Hour Requirements for Employers in the Garment Industry
To close out the 2021 legislative season, Governor Gavin Newsom signed dozens of bills into law, many of which directly affect California employers. In addition to the coverage in prior blog posts, which are linked below, this article provides an overview of key new employment laws.
Continue Reading 2021 California Legislative Update: California’s New Employment Laws
On September 22, 2021, Governor Newsom signed Assembly Bill 701, restrictive new legislation regulating certain employers’ use of employee quotas and work speed data in warehouse distribution centers.
Continue Reading Governor Newsom Signs Warehouse Quota Legislation Into Law
On Thursday, August 12, 2021, the San Francisco Department of Public Health (SFDPH) published an order strengthening the COVID-19 safety requirements applicable to many business establishments and even spaces in the City and County of San Francisco (the “Order”). As outlined below, the Order requires significant new vaccine mandates for San Francisco businesses operating (1) Indoor Food and Drink and Fitness Facilities; and (2) Large Outdoor and Indoor Events. The Order also includes additional requirements for certain health care and congregate living facilities, and more information on these requirements is posted here.
Continue Reading San Francisco Mandates Proof of Full Vaccination for Entry Into Many Establishments
For much of the ongoing COVID-19 pandemic, many California employees have utilized leave entitlements through federal, state, and local paid sick leave statutes and ordinances. As of December 31, 2020, however, the federal Families First Coronavirus Response Act (“FFCRA”), California’s COVID-19 supplemental paid sick leave (“CSPSL”) — and many local supplemental paid sick leaves (“LSPSL”) — have expired. With coronavirus cases still surging nationwide and no additional guidance on the new exclusion pay requirements under the Division of Occupational Safety and Health’s (“Cal/OSHA”) COVID-19 emergency temporary standards (“ETS”), California employers are left wondering what paid leave laws may apply to their employees in 2021.
Continue Reading What the Expiration of COVID-19 Paid Leave Laws Means for Retail Employers in California
California retailers facing a variety of complications from the ongoing COVID-19 pandemic now have one additional obstacle to tackle: compliance with new emergency standards from California’s Division of Occupational Safety and Health (“Cal/OSHA”). On November 19, 2020, the California Occupational Safety and Health Standards Board unanimously adopted emergency temporary standards on COVID-19 prevention in the workplace. Prior to the adoption of the emergency standards, general and industry-specific guidance from Cal/OSHA was advisory. However, the new emergency standards are binding and enforceable against nearly all California employers effective November 30, 2020. This article sets forth the basic requirements under the new standards. It then identifies some new complications and costs that retail employers in particular may face when attempting to comply.
Continue Reading Cal/OSHA’s COVID-19 Emergency Standards Create New Complications and Costs for Retail Employers
On November 16, 2020, California implemented an accelerated application of its Blueprint for a Safer Economy metrics. Under the Blueprint Framework, every county in California is assigned to a tier based on its test positivity and adjusted case rate. Each tier has its own set of restrictions. Three days later, on November 19, 2020, the state issued a limited Stay at Home Order.
Continue Reading California Department of Public Health Issues New Statewide Stay At Home Order Linked to ICU Bed Capacity
As we previously reported, among the sweeping pieces of legislation signed in the midst of the COVID-19 pandemic was New York State’s permanent sick leave law (“NYSPSL”). Under NYSPSL, all New York State employers are required to provide sick leave. Eligible employees may begin accruing sick leave as of September 30, 2020, but are not entitled to use any accrued sick leave pursuant to this law until January 1, 2021.
Continue Reading Reminder: Accrual Requirements Under New York State’s New Paid Sick Leave Law Effective September 30, 2020
On September 28, 2020, Mayor Bill de Blasio signed a bill into law significantly amending the New York City Earned Sick and Safe Time Act (“ESSTA”) in order to better align with New York State’s new paid sick leave law (the “NYS Leave Law”). Like its state law counterpart, the amendments to ESSTA (the “ESSTA Amendments”) takes effect on September 30, 2020. As discussed in greater detail below, the ESSTA Amendments: (i) revise the amount of leave that New York City employers are required to provide; (ii) impose new employer reporting requirements; (iii) create new employer reimbursement obligations in connection with requested medical documentation and/or documentation regarding domestic violence; (iv) expand the scope of prohibited retaliation under the law; (v) impose new notice requirements; and (vi) expand enforcement mechanisms.
Continue Reading NYC Employers Take Note: Earned Sick and Safe Time Act Amendments Take Effect September 30, 2020