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Summary of Cal/OSHA’s Non-Emergency COVID-19 Prevention Regulations

On December 31, 2022, the Cal/OSHA Emergency Temporary Standards (ETS), as previously summarized, expire after being in place since November 2020. On December 15, 2022, the California Occupational Safety & Health Standards (Cal/OSHA) Board voted to adopt non-emergency COVID-19 regulations to replace the ETS.

The new regulations are set to take effect in January 2023 after the Office of Administrative Law (OAL) completes its review. Once finalized, the new regulations will remain in effect for two years (but the recordkeeping requirements will remain in effect for three years).

The non-emergency regulations contain some of the same requirements as the ETS, but they also include new provisions. According to Cal/OSHA’s updated Fact Sheet, the new provisions are intended to be easier for employers to follow and allow for greater flexibility if changes are made pursuant to California Department of Public Health (CDPH) guidance.

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New York Artificial Intelligence Employment Law Delayed

The New York City Department of Consumer and Worker Protection (DCWP) announced that it will not start enforcing the law regulating automated employment decision tools until at least April 15, 2023. Local Law 144 of 2021 was scheduled to take effect January 1, but the DCWP attributed the delayed enforcement of the law to the high volume of public comments it received addressing its proposed regulations to implement the law. This law is the very first law within the United States squarely and comprehensively addressing the use of AI in making employment decisions. The law requires that before an employer uses an “automated employment decision tool” (AEDT, which is basically AI) that it conduct a bias audit within a year of using the tool, and that certain notices be given to candidates who may be subject to the AEDT, with an option to opt out of the AEDT process.

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Top Noncompete Developments of 2022

2022 was a relatively quiet year in terms of noncompete developments. However, both state legislatures and courts continued to take steps to narrow the circumstances under which noncompetition and employee non-solicitation agreements may be enforced. As such, employers remain well advised to continue to: (1) be selective in identifying those categories of employees required to sign noncompete agreements; (2) rely on choice of law and venue provisions as allowed to maximize the chances of enforceability; (3) keep a keen eye on statutory developments; and (4) avoid no-poach agreements with other employers.

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Busy Before the New Year: Three Recent NLRB Decisions That Will Impact Employers

Last week, the National Labor Relations Board (NLRB) continued its efforts to effectuate a strong national labor policy focused on advancing the organizational rights of workers and encouraging collective bargaining. Three recent decisions take aim at enhancing available remedies in unfair labor practice cases and facilitating organizing among smaller bargaining units.

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Polish Employment Law Developments: Substance Testing and Remote Work

A notable development in Polish employment law recently was passed. The legislation includes substance testing requirements and regulations on remote work.

This new legislation will have a powerful impact on Polish companies. Employers located in Poland should examine their policies and procedures to ensure they comply with these new regulations. Polish employers will be required to add special clauses reflecting the substance testing and remote work stipulations to their internal Work Regulations.

Substance Testing Requirements

On January 1, 2023, the law on substance testing is expected to come into force.

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Mexico Employment Law Update: Vacation Days Must Increase Beginning January 1, 2023

Employers with a presence in Mexico should be aware of a recent change in Mexican employment law. Effective as of January 1, 2023, employees in Mexico will be entitled to more vacation days.

Employees with one to five years of seniority will enjoy six more days of vacation entitlement. Currently, the vacation entitlement for employees with one, two, three, four and five years of seniority is six, eight, 10, 12 and 14 days, respectively. The new legislation will require employers to raise those vacation-day tallies to 12, 14, 16, 18 and 20 days, respectively.

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