New Legislation and Regulations

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As the California Legislature reconvenes this week from its summer recess, it will be poised to advance bills that could, if enacted, impact the workplace.  Among them is AB 22, which would prohibit employers, except certain financial institutions, from obtaining a consumer credit report for employment purposes.  If AB 22 becomes law, employers would be able to obtain such reports only if the information sought is substantially job-related and pertains to a managerial or other sensitive position.

Under AB 22, information would be substantially job-related if the person for whom the report is sought would have access to the employer’s confidential information, money, or assets.  Likewise, the position would be a sensitive one if the information contained in the report is required by law to be disclosed or to be obtained by the employer.  Continue Reading New Rules Considered for Employment-Related Credit Checks in California

The original California Food Handler Card Law (“Food Handler Law”) was enacted by the passage of SB 602 in 2010 and codified in California’s Health and Safety Code 113790 et seq.  The law as passed raised a number of concerns by those in the food industry, as well as those who provide food safety training. One main concern was the July 1, 2011 deadline for compliance. As a result, a number of industry associations and organizations have been active in advocating for new legislation to amend the Food Handler Law to provide both clarification and hopefully more guidance on how to comply. Continue Reading LAW ALERT: Proposed Amendments to the California Food Handler Card Law

Taking the next step to implement the federal Americans with Disabilities Amendments Act of 2008 (“ADAAA”), the U.S. Equal Employment Opportunity Commission (“EEOC”) published its long-awaited final regulations on March 24, 2011.  However, it is widely believed that the ADAAA and the recently published regulations will not greatly impact employers in California who are already covered by the state’s Fair Employment and Housing Act.
Continue Reading LAW ALERT: EEOC Publishes New Regulations Governing Federal Disability Laws

On January 1, 2011, certain employers and insurers began being required to report settlements, judgments or awards, where medical expenses were paid to a Medicare-eligible claimant. As a result many employers and insurers are left wondering how this will affect settlements of employment related litigation cases. Below are some brief answers to some of the questions raised by these new reporting requirements.
Continue Reading Mandatory Medicare Reporting Requirements – How Will They Impact The Settlement of Employment-Related Claims

A new year with the California legislature has just begun. Is the budget on the top of legislator’s mind? Is their first priority creating an environment conducive to putting out of work Californian’s back to work? Unfortunately, the answer to both these questions is a resounding NO. Instead, legislators are focused on allowing people to come to work after smoking pot.
Continue Reading New Year: Same Old Anti-Employer Ideas