State and local governments continue to increase workplace regulations. In the second quarter of 2024, we provide updates on significant recent and upcoming legislative and regulatory developments in California, Colorado, District of Columbia, Idaho, Illinois, Indiana, Maryland, Minnesota, New Mexico, New York, Oregon, Pennsylvania, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington and West Virginia.
For the full alert, visit the Faegre Drinker website.
On June 20, 2024, the California Occupational Safety and Health Standards Board unanimously approved a new regulation codified at California Code of Regulations, Title 8, section 3396, which focuses on preventing heat illness in indoor workplaces. The new regulation introduces several key provisions, including mandatory indoor heat illness training and specific protocols for providing water and rest areas to employees. This alert dives deeper into the regulation and what it means for businesses operating in California.
For the full alert, visit the Faegre Drinker website.
The legislation, which was negotiated among Gov. Newsom, legislators, and labor and business groups, provides employers with new and powerful tools for addressing and defending PAGA claims. As a result of this new law, the initiative to repeal and replace PAGA, which was scheduled to appear on the November ballot in California, has been withdrawn. We summarize the key provisions of the reform legislation.
For the full alert, visit the Faegre Drinker website.
State and local governments continue to increase workplace regulations. Although it is not feasible to discuss all laws, this update provides an overview of significant recent and upcoming legislative and regulatory developments to help you and your organization stay in compliance with local and state employment laws.
To view the full alert, visit the Faegre Drinker website.
California law has for many years treated agreements that restrain one from engaging in a lawful profession, trade, or business as void and unenforceable, unless an exception applies. This applies to most non-compete and non-solicitation agreements with California employees.
Citing to California Supreme Court precedent that voided a post-employment non-compete and to state public policy favoring employee mobility, AB 1076 and SB 699, both effective January 1, 2024, prohibit employers from including, entering into, and attempting to enforce a noncompete clause in an employment contract, or otherwise requiring an employee to enter a noncompete agreement, absent an exception.
California is a state of perpetual motion when it comes to new and evolving employer regulations. While most of the 305 bills introduced in the last legislative session mentioning “employer” did not pass the Legislature, many did and were signed into law by Gov. Gavin Newsom. With that comes more rules and risks for employers dealing with non-compete agreements, anti-discrimination, Labor Code enforcement, workplace safety, leaves of absence and a plethora of minimum wage increases.
To borrow from Kelly Clarkson, “… what doesn’t kill you makes you stronger, stand a little taller …”