General

OSHA Fines Depend Upon Where

OSHA thought states in FY 2021 would have an average fine for a serious workplace safety violation of at least $2,325, or 75% of the $3,100 federal average. Instead, 11 of the 21 states with state OSHA agencies had fines below OSHA’s acceptable range, per agency data. Why does this matter? It means employers face […]

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Have a Seat in CA

From the category of “really, I didn’t know this”: CA regulations require employers to provide their employees “suitable seats when the nature of the work reasonably permits the use of seats.” Does everyone have to have a seat at the table? In a recent case, a CA court (Meda v. AutoZone) said that suitable seating

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CDC says COVID is less of a threat

In new COVID guidelines released yesterday, the CDC said that in most settings, adults and children do not need to quarantine after getting exposed to COVID. The reason for relaxing the rules? Because of virus-fighting tools and population immunity, COVID now presents a lower risk of hospitalization and death than in the early days of the pandemic,

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CA Accelerates Wage Hike

Due to economic conditions, CA is raising its minimum wage on January 1, 2023 to $15.50 instead of $15.00. Under CA law, the rate adjustment is to be the lower of 3.5% or the rate of inflation (which is 7.9% during the measurement period). Employment Litigation Down In 2021, just 21,193 employment law cases were

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BREAKING: DC Circ. Knocks NLRB, Orders 3rd Crack At Browning-Ferris

The D.C. Circuit on today vacated the National Labor Relations Board’s decision clearing recycling company Browning-Ferris of joint employer liability, knocking the board for failing to grapple with the company’s indirect control over a staffing company’s workers, as another appellate panel directed it to do earlier in the case. For now, this is great news

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Dobbs Ruling and Health Plans

In the wake of SCOTUS’ ruling in the Dobbs case (i.e., the US Constitution does not provide for a right to abortion and therefore that states have the right to legislate abortion), many are wondering how this ruling may effect employer-sponsored health plans. Some takeaways: Will elective abortions be considered “essential health benefits” under plans

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CO Further Restricts Non-Competes

On May 10, 2022, the Colorado legislature passed HB22-1317 which further restricts non-compete agreements. While the law still permits a non-compete pursuant to the sale of a business, non-competes will now must narrowly tailored to protect trade secrets, and whether the employee meets the “highly compensated” test (i.e., annual income in the six figures – at

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