2021 Cal-Peculiarities

Seyfarth Synopsis: Less than a week after the Cal/OSHA Standards Board voted to approve Cal/OSHA’s controversial revisions to the COVID-19 Emergency Temporary Standard (ETS), it convened an emergency meeting on June 9, 2021, after which it voted unanimously to pull back the revision. The Board will now send the ETS back for another do-over, to align a new revision with
Continue Reading Take 3! Cal/OSHA ETS Revisions Still Pending

Seyfarth Synopsis: On June 3, 2021, the California Occupational Safety & Health Standards Board (OSHSB) voted late in the evening to approve Cal/OSHA’s proposed revised Emergency Temporary Standard (ETS). The revised ETS fails to align with the relaxed measures recommended by the CDC and the Governor’s plans to end virtually all mask and social distancing requirements for vaccinated individuals
Continue Reading Cal/OSHA Standards Board Approves Controversial Changes to COVID-19 ETS

Seyfarth Synopsis: The California Occupational Safety & Health Standards Board (OSHSB) was supposed to consider changes to the COVID-19 Emergency Temporary Standard (ETS) on May 20, 2021. But after the CDC published a May 13, 2021 guidance saying that fully vaccinated individuals could resume pre-pandemic activities without masks, Cal/OSHA asked the OSHSB to delay its consideration of the
Continue Reading For Real Now: Cal/OSHA Board Considering Changes to COVID-19 ETS

Seyfarth Synopsis: Santa Clara recently issued an order that requires employers to ascertain and document their workers’ vaccination status by June 1, 2021. This directive has left businesses confused and concerned, with little time to comply. Below is an overview of what employers must do, by when they must do it, and the penalty for noncompliance.

On May 18, 2021,
Continue Reading Popping the Question: Santa Clara Employers Must Ask About Vaccinations

Seyfarth Synopsis: On May 21, 2021, California health officials confirmed that the State’s highly anticipated June 15 reopening date is a go. With this announcement comes the long-awaited release of details about exactly what restrictions are poised to be lifted—which looks to be just about everything, at least on a State level. (Local restrictions may yet apply.)

Ditching
Continue Reading California Finally Moves to Reopen

Seyfarth Synopsis: Proposed California legislation, SB 62, would hold certain garment retailers known as “brand guarantors” (i.e. those that license their brand or name for manufacturing) responsible for labor violations occurring down the supply chain. We discuss the proposed bill’s provisions below, and its implications for companies operating in this area.

“Abe Lincoln wanted to abolish slavery, right? Well,
Continue Reading Unfashionable: Garment Retailers May Be Liable for Manufacturers’ Wage Violations

Seyfarth Synopsis: On May 20, 2021, the California Occupational Safety & Health Standards Board (OSHSB) will consider changes to the COVID-19 Emergency Temporary Standard (ETS) Rules, and it just posted the changes it will consider. These potential changes are broad-ranging and affect employers’ requirements related to masking, social distancing, testing, exclusion, and more, especially with respect to vaccinated
Continue Reading Cal/OSHA Considering Changes to COVID-19 Emergency Temporary Standard

Seyfarth Synopsis: Back in January 2020, a federal district court enjoined the State of California from enforcing AB 5, a law about classification of independent contractors, against interstate motor carriers (see our prior piece here). Now, in a split 2-1 decision, a Ninth Circuit panel has reversed the district court, and held that the Federal Aviation Administration
Continue Reading Ninth Circuit Applies AB 5 Against Interstate Motor Carriers

Seyfarth Synopsis: California has long prohibited sexual harassment in various types of relationships, including employment relationships, and in other professional and business relationships which have elements of power imbalance. Although the right to sue for sexual harassment in business and professional relationships has been part of the fabric of California law for decades, in recent years, the legislature has taken
Continue Reading Prohibiting Sexual Harassment in Non-Employment Professional Relationships

Seyfarth Synopsis: In a surprise move, and despite vetoing a strikingly similar measure only months ago when the pandemic was closer to its zenith, Governor Newsom on April 16, 2021 signed a measure requiring hospitality employers to give preference in hiring to workers previously laid off due to the pandemic.

Last year, large swaths of employers breathed a big sigh
Continue Reading Didn’t He Just Veto This? Governor Signs Right-To-Recall Law