Articles, news & legal alerts

Read the latest news from Scali Rasmussen, including legal alerts and event listings.

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We previously reported on the regulations issued for California employers regarding criminal history inquiries. The regulations took effect July 1, 2017. That prior article outlined existing regulations. These regulations have now been updated. Specifically, in December of 2022, the California Civil Rights Department (“CRD”), formerly known as The Department of Fair Employment and Housing (“DFEH”), released its proposed modifications to the 2017 regulations in the Fair Employment and Housing Act (“FEHA”) regarding the legal use of a job applicant’s criminal history.

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Up until a few years ago, only employers with 50 or more employees were required to provide sexual harassment training. Starting January 1, 2021, a new law required all employers with only 5 or more employees to provide such training. We previously detailed the requirements of this training, which requires one hour of training for non-supervisory employees and two hours for managerial/supervisory employees, but one important reminder is that the training must be renewed every two years.

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In 2021, we reported that the California Supreme Court held that employers must pay meal and rest break premiums (for missed or noncompliant breaks) at the regular rate. This is simple to calculate for an employee earning a standard hourly rate for every hour worked. However, the appropriate calculation is more complex for employees who earn commissions, piece rate (flag or flat rate pay), or other nondiscretionary compensation.

Family and medical leave requests

Pitfalls and reminders

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When an employee requests significant time off for health reasons, most employers are aware of their obligations to consider family and medical leave requirements. However, short term leave requests paid out via accrued vacation or sick leave can fly under the radar. Employers are cautioned to remember that even short-term requests for 1-2 weeks off for health reasons qualify for potential FMLA or CFRA leave. If an employee brings such a request, even if it is otherwise paid for by accrued paid time off, employers are obligated to provide a Notice of Eligibility and Rights and Responsibilities within 5 business days of the request – even if the employee does not qualify for FMLA/CFRA leave.

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California has approved a new, alternative “Safe Harbor” warning label for foods containing acrylamide, a naturally-occurring byproduct that occurs during high-heat cooking. Acrylamide is a substance that forms through a natural chemical reaction in certain plant-based foods during high-temperature cooking, and can be found in foods like potato chips, bread, grilled vegetables, nuts, crackers, and olives. There is conflicting evidence regarding the risk it poses to humans. While studies exposing laboratory rats and mice to high levels of acrylamide have been shown to produce cancer, other studies have found no consistent evidence that dietary acrylamide increases the risk of cancer in humans.

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On January 5, 2023, the FTC announced that would ban U.S. employers from imposing noncompete clauses on workers. The proposed rule has two primary components. First, it would prevent employers from entering into non-compete clauses with workers. Second, it would require employers to rescind existing non-compete clauses. The proposed rule would prevent employers from imposing contract clauses that prohibit their employees from joining a competitor, typically for a period of time, after they leave the company. Notably, the proposed rule would apply not just to restrictions on employees, but to all “workers,” which is defined to also include independent contractors, interns, volunteers, apprentices and sole proprietors.

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COVID-19 Supplemental Paid Sick Leave (SPSL) was recently extended to December 31, 2022. As we previously reported, this did not afford additional time off to the employee, but extended the time to request leave if they still had unused time. Finally, there is an end to this provision - no further extensions have been made.

Job postings now need pay scales

New guidance from the DIR

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Beginning January 1, 2023, California employers with 15 or more employees must include in any job posting the pay scale for the position. The DIR recently issued new Frequently Asked Questions (FAQ) guidance regarding the new transparency requirements.

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Yesterday, a 5-year old boy was swept away by floodwaters on the central coast. Portions of Santa Barbara County, including the entire community of Montecito have been evacuated for fear of deadly mudslides in that community. Portions of Santa Cruz County and Sacramento County have been evacuated. Several lanes of the 101 northbound will be closed today. And last night, a sink hole opened up in Chatsworth, swallowing two cars.

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