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As we enter the third year of the pandemic, employers face a daunting challenge in complying with ever-changing COVID regulations in the workplace.  The U.S. Supreme Court is about to decide whether the nationwide vaccine mandate from Fed-OSHA is valid, the CDC and California Department of Public Health recently revised their position on quarantining, and Cal-OSHA has just updated its Emergency Temporary Standards (ETS) for California employers when handling COVID cases.  Meanwhile, lawmakers and courts have issued important new rules in other areas including employee arbitration, confidentiality provisions in settlements, electronic posting of workplace notices, classification of independent contractors, and personnel record-keeping.

It is time for our annual Employment Law Update.  Employment attorneys Bruce May and Shane Criqui from Stuart Kane LLP and insurance expert Gordon Fraser from Hays Companies will present this timely update on the following topics:

 —Compliance with COVID Regulations in the Workplace.  We will discuss the scope and validity of the Fed-OSHA vaccine mandate, the latest changes from the CDC and CDPH on quarantining, and the changes in the ETS for California employers.

—Arbitration of Employment Claims.  Arbitration agreements can prevent class action lawsuits, and the U.S. Supreme Court is about to decide whether they can also stop “PAGA actions” for penalties under the California Labor Code Private Attorneys General Act, but the California Legislature has enacted a new “Silenced No More Act” (SB 331) that purports to penalize employers for imposing mandatory arbitration.

—Confidentiality Provisions in Settlement Agreements.  The Silenced No More Act also forbids confidentiality clauses in severance agreements that would prevent the employee from disclosing details of alleged harassment or other misconduct.

—Independent Contractors.  AB 1561 creates new “exceptions” that exclude certain occupations from the “ABC Test” for determining independent contractors.

 —Electronic Posting and Employee Record-Keeping,  AB 657 allows employers to post workplace notices electronically, and SB 807 requires employers to keep personnel records for at least 4 years instead of 2.

—Productivity Quotas for Warehouse and Distribution Centers.  AB 701 requires warehouses and distribution centers to disclose the productivity standards they use for evaluating employee performance.

—New Penalties for Wage Violations.  AB 1003 allows felony criminal prosecutions against employers who “intentionally deprive” any employee or independent contractor of $950 or more in compensation.

—Minimum Wage Increases.  The State minimum wage has increased, which increase the minimum salary for exemption from overtime.

Who should attend:  HR professionals, business owners and managers, and attorneys.