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Articles by Jennifer Nutter
2025 California Wildfires: Understanding Employers’ Obligations | JD Supra
As the Southern California wildfires rage on with devastating consequences, employers may be grappling to formulate an appropriate response. Employers may have specific legal obligations as well as optional ways to provide assistance to affected employees. This publication addresses applicable employment laws that implicate pay, leaves, and other aspects of employment that may be impacted by the wildfires. Employers should also review our publication on special benefits they may wish to provide.
California 2025: The Next Wave of New Employer Compliance Obligations Is About to Hit | JD Supra
The California Legislature and Governor Gavin Newsom have again enacted a number of laws that will affect California employers. This Insight summarizes the significant changes to California employment laws taking effect in 2025. Unless otherwise indicated, the laws discussed below will take effect on January 1, 2025.
Cal/OSHA Releases Model Workplace Violence Prevention Plan
Skip to main content March 29, 2024 Volume XIV, Number 89 Legal Analysis. Expertly Written. Quickly Found. Trending News Cal/OSHA Releases Model Workplace Violence Prevention Plan Print Mail Download i The California Division of Occupational Safety and Health (Cal/OSHA) has issued its anticipated model Workplace Violence Prevention Plan (for non-health care settings).
New Year, New Changes for California Employers in 2024 | JD Supra
December 26, 2023 Chelsea Hadaway, Tryphena Liu, Jennifer Nutter Epstein Becker & Green + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: As 2024 quickly approaches, so, too, do many new obligations and restrictions for employers with California employees. Below, we summarize significant changes to hiring and workforce management, litigation, wage and hour, and other California employment laws taking effect in the new year.
EPA Proposes to Determine That TCEP, as a Whole Chemical Substance, Presents Unreasonable Risk to Human Health and the Environment
On December 15, 2023, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited public comment on its draft risk evaluation for tris(2-chloroethyl) phosphate (TCEP) and related draft charge questions. 88 Fed. Reg. 86894. EPA states on its website that it reviewed the exposures and hazards of TCEP uses and made risk findings on TCEP.
New Year, New Changes for California Employers in 2024
As 2024 quickly approaches, so, too, do many new obligations and restrictions for employers with California employees. Below, we summarize significant changes to hiring and workforce management, litigation, wage and hour, and other California employment laws taking effect in the new year. Unless otherwise noted, all new laws discussed below will be effective as of January 1, 2024.
California Amends Noncompete Law (Again) and Adds a Notice Requirement | JD Supra
California’s Business and Professions Code (the “Code”) has long been the nation’s strictest law on restrictive covenants, essentially prohibiting employee noncompetition agreements except in limited circumstances. Two bills recently signed into law by Governor Gavin Newsom reiterate and broaden the state’s restrictions on employee noncompetes.
California Employers: Increased Paid Sick Leave Effective January 1, 2024
Governor Gavin Newsom recently signed into law SB 616, which increases the amount of paid sick leave that employers must provide under the Healthy Workplaces, Healthy Families Act of 2014 (the “Act”). Effective January 1, 2024, employers[1] must provide eligible employees with up to five days or 40 hours of paid sick leave per year. Previously, the annual obligation was three days or 24 hours.
California Employers: Increased Paid Sick Leave Effective January 1, 2024 | JD Supra
Governor Gavin Newsom recently signed into law SB 616, which increases the amount of paid sick leave that employers must provide under the Healthy Workplaces, Healthy Families Act of 2014 (the “Act”). Effective January 1, 2024, employers[1] must provide eligible employees with up to five days or 40 hours of paid sick leave per year. Previously, the annual obligation was three days or 24 hours.
California Employers: Amended Ban-the-Box Regulations Effective October 1, 2023 | JD Supra
After more than a year of administrative activity pertaining to California’s Fair Chance Act (FCA), the California Civil Rights Council issued final modifications to the FCA’s regulations (the “Revised Regulations”). The Revised Regulations are effective as of October 1, 2023. The FCA is a “ban the box” law that restricts California employers with five or more employees from asking about an applicant’s criminal history until after the employer has made a conditional offer of employment.
California Enacts Strict Restrictions on Noncompetes
Wednesday, September 13, 2023 This year, California was one of many states to enact legislation restricting noncompetes. California has long had the strictest noncompete law, and employee noncompetes are already void under California Business and Professions Code § 16600 (“Section 16600”). On September 1, 2023, California passed new legislation (“SB 699”) that further broadens Section 16600 and provides employees with new legal remedies.
California Expands Noncompete Restrictions
This year, California was one of many states to enact legislation restricting noncompetes. California has long had the strictest noncompete law, and employee noncompetes are already void under California Business and Professions Code § 16600 (“Section 16600”). On September 1, 2023, California passed new legislation (“SB 699”) that further broadens Section 16600 and provides employees with new legal remedies.
California’s Non-Emergency COVID-19 Prevention Regulations Are Now Effective | JD Supra
The California Office of Administrative Law has approved the California Division of Occupational Health and Safety’s (Cal/OSHA) COVID-19 Prevention Non-Emergency Regulations (Non-Emergency Regulations). As a result, on February 3, 2023, Cal/OSHA’s COVID-19 Prevention Emergency Temporary Standards (ETS) expired, and the Non-Emergency Regulations went into effect. Although extending many of the ETS requirements, as we previously reported, the Non-Emergency Regulations contain some notable changes.
California’s Non-Emergency COVID-19 Prevention Regulations Are Now Effective
Friday, February 17, 2023 The California Office of Administrative Law has approved the California Division of Occupational Health and Safety’s (Cal/OSHA) COVID-19 Prevention Non-Emergency Regulations (Non-Emergency Regulations). As a result, on February 3, 2023, Cal/OSHA’s COVID-19 Prevention Emergency Temporary Standards (ETS) expired, and the Non-Emergency Regulations went into effect.
California’s Non-Emergency COVID-19 Prevention Regulations Are Now Effective
The California Office of Administrative Law has approved the California Division of Occupational Health and Safety’s (Cal/OSHA) COVID-19 Prevention Non-Emergency Regulations (Non-Emergency Regulations). As a result, on February 3, 2023, Cal/OSHA’s COVID-19 Prevention Emergency Temporary Standards (ETS) expired, and the Non-Emergency Regulations went into effect. Although extending many of the ETS requirements, as we previously reported, the Non-Emergency Regulations contain some notable changes.
California’s New Pay Scale Disclosure Requirements Guidance | JD Supra
California is one of a growing list of states requiring employers to make certain pay transparency disclosures to employees and applicants. California employers already had an obligation to provide pay scales to job applicants upon request; however, as we previously reported, under SB 1162, employers must now disclose pay scales to current employees upon request, and employers with 15 or more employees must include pay scales in job postings.
California Employers to Disclose Pay Scales to Current Employees
Tuesday, January 24, 2023 California is one of a growing list of states requiring employers to make certain pay transparency disclosures to employees and applicants. California employers already had an obligation to provide pay scales to job applicants upon request; however, as we previously reported, under SB 1162, employers must now disclose pay scales to current employees upon request, and employers with 15 or more employees must include pay scales in job postings.
California’s New Pay Scale Disclosure Requirements Guidance
California is one of a growing list of states requiring employers to make certain pay transparency disclosures to employees and applicants. California employers already had an obligation to provide pay scales to job applicants upon request; however, as we previously reported, under SB 1162, employers must now disclose pay scales to current employees upon request, and employers with 15 or more employees must include pay scales in job postings.
California Employers: New Employment Laws for 2023 | JD Supra
December 13, 2022 To embed, copy and paste the code into your website or blog: This year has yet again been busy for the California Legislature and Governor Gavin Newsom, as they enacted several significant changes to hiring and workforce management, wage and hour, COVID-19, and other employment laws. Employers with California workforces should take steps now to understand these major changes and ensure they are ready to comply with the new laws in the coming year.
Final Vote on California’s Anticipated New Non-Emergency Regulation for COVID-19 Prevention to Take Place on December 15, 2022 | JD Supra
December 12, 2022 Alexandria Adkins, Scarlett Freeman, Jennifer Nutter Epstein Becker & Green + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: In June 2022, the California Division of Occupational Health and Safety (“Cal/OSHA”) proposed initial non-emergency standards for COVID-19 prevention in the workplace that were intended to replace the current COVID Emergency Temporary Standards (“ETS”) set to expire on December 31, 2022.
Final Vote on California’s Anticipated New Non-Emergency Regulation for COVID-19 Prevention to Take Place on December 15, 2022
In June 2022, the California Division of Occupational Health and Safety (“Cal/OSHA”) proposed initial non-emergency standards for COVID-19 prevention in the workplace that were intended to replace the current COVID Emergency Temporary Standards (“ETS”) set to expire on December 31, 2022.
Final Vote on California’s Anticipated New Non-Emergency Regulation for COVID-19 Prevention to Take Place on December 15, 2022
In June 2022, the California Division of Occupational Health and Safety (“Cal/OSHA”) proposed initial non-emergency standards for COVID-19 prevention in the workplace that were intended to replace the current COVID Emergency Temporary Standards (“ETS”) set to expire on December 31, 2022.
California Raises the Bar on Pay Equity | JD Supra
The California legislature has presented S.B. 1162 (“the Bill”) to Governor Gavin Newsom. If the Governor signs the Bill into law, California will follow the lead of jurisdictions like Colorado and New York City by requiring many employers to include pay scales in job postings.
Cal/OSHA Releases Guidance on New COVID-19 ETS Impacting Employers and Workers
On May 7, 2022, the California Occupational Safety and Health Standards Board (“Cal/OSHA”) released guidance, in the form of updated FAQs and fact sheets, concerning the revised COVID-19 Prevention Emergency Temporary Standards (“ETS”) that were adopted on April 21, 2022, and became effective on May 6, 2022.
California Rolls Out New COVID-19 Supplemental Paid Sick Leave for 2022 | JD Supra
On February 9, 2022, Governor Gavin Newsom signed SB-114, effective February 19, 2022, which requires employers to provide workers with up to two weeks (80 hours) of supplemental paid sick leave related to COVID-19. SB-114 resembles the COVID-19 Supplemental Paid Sick Leave law that expired in September 2021, which we wrote about here, but it contains notable differences.
Burden Shifting: California Supreme Court Settles Confusion Over Section 1102.5 Claims | JD Supra
On January 27, 2022, the California Supreme Court, in Lawson v. PPG Architectural Finishes, Inc. (Cal., Jan. 27, 2022) __ P.3d __, 2022 WL 244731, clarified the evidentiary standard for presenting and evaluating retaliation claims under California Labor Code Section 1102.5 (“section 1102.5 whistleblower retaliation claim”). Lawson involved a workplace retaliation claim brought by a sales representative selling paint products to home improvement stores in Southern California.
Burden Shifting: California Supreme Court Settles Confusion Over Section 1102.5 Claims
On January 27, 2022, the California Supreme Court, in Lawson v. PPG Architectural Finishes, Inc. (Cal., Jan. 27, 2022) __ P.3d __, 2022 WL 244731, clarified the evidentiary standard for presenting and evaluating retaliation claims under California Labor Code Section 1102.5 (“section 1102.5 whistleblower retaliation claim”). Lawson involved a workplace retaliation claim brought by a sales representative selling paint products to home improvement stores in Southern California.
Mask on, Mask Off? San Francisco Again Revises its Rules for Universal Face Coverings | JD Supra
On January 26, 2022, the City and County of San Francisco released an updated Health Order No. C19-07y (the “Updated Health Order”), which addresses a number of rules issued in an effort to combat continued spread of COVID-19, including changes in exemptions to the universal indoor mask mandate. Specifically, effective February 1, 2022, the Updated Health Order renews a previously-suspended masking exemption for vaccinated workplaces, with a few significant changes.
Mask on, Mask Off? San Francisco Again Revises its Rules for Universal Face Coverings
On January 26, 2022, the City and County of San Francisco released an updated Health Order No. C19-07y (the “Updated Health Order”), which addresses a number of rules issued in an effort to combat continued spread of COVID-19, including changes in exemptions to the universal indoor mask mandate. Specifically, effective February 1, 2022, the Updated Health Order renews a previously-suspended masking exemption for vaccinated workplaces, with a few significant changes.
Mask on, Mask Off? San Francisco Again Revises its Rules for Universal Face Coverings
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Mask on, Mask Off? San Francisco Again Revises its Rules for Universal Face Coverings
On January 26, 2022, the City and County of San Francisco released an updated Health Order No. C19-07y, which addresses a number of rules issued in an effort to combat continued spread of COVID-19. One strategy that affects most employers is a universal indoor mask mandate, which, as of February 1, 2022, is again subject to exemption, under certain circumstances. Masking exemptions were in place prior to the Omicron surge, but were suspended, starting on December 30, 2021.
Cal/OSHA Releases Updated COVID-19 Resources for Employers | JD Supra
In connection with the new Emergency Temporary Standards (ETS) that went into effect on January 14, 2022, the California Division of Occupational Health and Safety (Cal/OSHA) has released the following COVID-19-related resources for employers: Fact Sheet with Work Exclusion Chart: What Employers and Workers Need to Know About COVID-19 Isolation and Quarantine Fact Sheet: What Employers Need to Know about the New Emergency Temporary Standards; and FAQ: Revisions to the COVID-19 Prevention...
Cal/OSHA Releases Updated COVID-19 Resources for Employers
In connection with the new Emergency Temporary Standards (ETS) that went into effect on January 14, 2022, the California Division of Occupational Health and Safety (Cal/OSHA) has released the following COVID-19-related resources for employers: Fact Sheet with Work Exclusion Chart: What Employers and Workers Need to Know About COVID-19 Isolation and Quarantine Fact Sheet: What Employers Need to Know about the New Emergency Temporary Standards; and FAQ: Revisions to the COVID-19 Prevention...
Cal/OSHA Releases Updated COVID-19 Resources for Employers
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California Adopts CDC’s New COVID-19 Quarantine and Isolation Rules for Employers, Extends Mask Mandate
Wednesday, January 12, 2022 On January 6, 2022, the California Division of Occupational Health and Safety (Cal/OSHA) announced that it would follow the revised guidelines issued by the Centers for Disease Control and Prevention (CDC) for quarantine and isolation (“exclusion periods”) following a positive COVID-19 test or “Close Contact”[1] with a confirmed COVID-19 case.
California Authorities Announce Changes to COVID-19-Related Requirements | JD Supra
On December 13, 2021, the California Department of Public Health (“CDPH”) announced new Guidance for the Use of Face Coverings (“CDPH Guidance”), implementing a mandatory mask mandate for individuals (employees and patrons) in all indoor public settings, irrespective of vaccination status, beginning on December 15, 2021 through at least January 15, 2022.
California Authorities Announce Changes to COVID-19-Related Requirements
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California Authorities Announce Changes to COVID-19-Related Requirements
On December 13, 2021, the California Department of Public Health (“CDPH”) announced new Guidance for the Use of Face Coverings (“CDPH Guidance”), implementing a mandatory mask mandate for individuals (employees and patrons) in all indoor public settings, irrespective of vaccination status, beginning on December 15, 2021 through at least January 15, 2022.
New Year, New Laws Impacting California Employers | JD Supra
This year, Governor Gavin Newsom signed into law a number of bills affecting California employers.
New California Law Further Restricts Confidentiality Provisions in Employment, Settlement, and Separation Agreements | JD Supra
California Governor Gavin Newsom recently signed into law the “Silenced No More Act” (SB 331 or the “Act”), which expands limitations on confidentiality provisions in settlement agreements for filed claims, previously applicable only to settlements related to sexual harassment and other sex discrimination claims.
New California Law Further Restricts Confidentiality Provisions in Employment, Settlement, and Separation Agreements
Friday, November 19, 2021 California Governor Gavin Newsom recently signed into law the “Silenced No More Act” (SB 331 or the “Act”), which expands limitations on confidentiality provisions in settlement agreements for filed claims, previously applicable only to settlements related to sexual harassment and other sex discrimination claims.
Los Angeles County to Require Proof of Vaccination at Certain Indoor Establishments – for Both On-Site Employees and Patrons
Friday, September 24, 2021 On September 17, 2021, Los Angeles County Department of Public Health (LACDPH) announced a public health order (“the Order”) requiring proof of COVID-19 vaccination for all on-site employees and visitors at indoor bars, breweries, wineries, distilleries, nightclubs, and lounges throughout the county.
A Growing Number of California Counties, Including Los Angeles and San Francisco, Change Course on Indoor Masking
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Cal/OSHA Has Approved Revisions to the Emergency Temporary Standards Related to COVID-19 Which Are Now in Effect | JD Supra
As we previously reported, on June 9, 2021, the California Occupational Safety and Health (“Cal/OSHA”) Standards Board (“the Board”) withdrew its prior proposed revisions to the Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (“ETS”), effectively returning to the original ETS approved in November 2020.
Cal/OSHA Has Approved Revisions to the Emergency Temporary Standards Related to COVID-19 Which Are Now in Effect
June 22, 2021 Foley Weekly Automotive Report - June 22, 2021 by: John R. Trentacosta and Ann Marie Uetz Cal/OSHA Has Approved Revisions to the Emergency Temporary Standards... by: Jennifer L. Nutter and Vidaur (Vida) Durazo Energy & Sustainability M&A Activity — June 2021 by: Thomas R. Burton, III and Sahir Surmeli This, That, and the Other: Different Insurance Policies Can Cover the... by: Kenneth M. Gorenberg Supreme Court Update: NCAA v. Alston (No. 20-512), United States v....
Cal/OSHA Has Approved Revisions to the Emergency Temporary Standards Related to COVID-19 Which Are Now in Effect
As we previously reported, on June 9, 2021, the California Occupational Safety and Health (“Cal/OSHA”) Standards Board (“the Board”) withdrew its prior proposed revisions to the Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (“ETS”), effectively returning to the original ETS approved in November 2020.
Cal/OSHA Sends Shock Waves Throughout California by Withdrawing Revised Emergency Temporary Standards That Would Have Relaxed Some Rules for Fully Vaccinated Employees
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Cal/OSHA Sends Shock Waves Throughout California by Withdrawing Revised Emergency Temporary Standards That Would Have Relaxed Some Rules for Fully Vaccinated Employees
It has been an active week in California with the release of new statewide face covering guidance, the alignment of Los Angeles County and San Francisco with this guidance, and the withdrawal of the revised Cal/OSHA Prevention Emergency Temporary Standards by the California Division of Occupational Safety and Health Standards Board (the “Board”).
The Blueprint 2.0: California Moves Toward a Full Reopening | JD Supra
On May 21, 2021, consistent with Governor Newsom’s intention to fully reopen California by June 15, the California Department of Public Health (“CDPH”) released “Beyond the Blueprint for Industry and Business Sectors” (“Beyond the Blueprint”), outlining the state’s latest reopening guidelines and restrictions.
The Blueprint 2.0: California Moves Toward a Full Reopening
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