March 2021

Notwithstanding federal, state, and local privacy and cybersecurity laws that may apply, employers may generally use artificial intelligence, data analytics, and other software and technologies to track remote workers.

The COVID-19 pandemic has resulted in, if not required, the vast majority of businesses to adopt remote work and virtual workplaces as a means of operational…

Flexibility in completing I-9 Employment Verification Forms has been continued until March 31, 2021, and it may be extended beyond that. Under that flexibility, employers have been allowed to inspect Section 2 Form I-9 documents virtually (e.g., over video link, by fax, or by email).

Nevertheless, as companies “return” to worksites and show…

Though employers may feel like California just wrapped up its legislative session for 2020, the 2021 legislative session is already in full swing. February 19 was the last day for the proposal of new bills. However, Assembly members and Senators have until September to revise and amend proposed bills before submitting them to the…

Long-term care facilities have been hit hard by COVID-19. As we approach the one-year anniversary of this national emergency, many facilities have grown accustomed to the additional reporting and scrutiny. However, this climate has also made it easier for OSHA to target long-term care facilities. One of OSHA’s common tactics is using public records (e.g.,…

It has been three months since California approved the Division of Occupational Safety and Health’s (“Cal OSHA”) COVID-19 Emergency Temporary Standard (“ETS”). The rushed implementation of Cal OSHA’s ETS, which imposed new and confusing obligations on employers, left many scratching their heads and resulted in several legal challenges to the ETS. For example, some…

Despite the California Grocers Association lawsuits pending against four cities over hero pay ordinances, more cities and counties have passed or are considering premium pay ordinances for grocery store and similar workers. The laws all vary in both scope and applicability so affected employers with locations throughout California should be mindful of the distinctions. Of…