Employers, it's that time of year again. February 1st marks the official deadline for you to tabulate and post your OSHA Log Summary. The OSHA Log Summary, also known as the OSHA Form 300A must be completed and posted in the area where employee notices usually reside.
The below article appeared in the November 28, 2017 Los Angeles Daily Journal regarding the outcome of a California Supreme Court ruling. The case involved the ongoing Agricultural Labor Relations Board (ALRB) certification of a collective bargaining election following a multi-year absence of the ALRB certified labor union. Sagaser, Watkins and Wieland PC served as counsel for the defendant, Tri-Fanucchi Farms.
Starting January 1, 2018, all California employers will be required to display a new workplace poster related to transgender rights. Governor Jerry Brown's recently signed Senate Bill 396, requires that the poster be posted in a prominent and accessible location in the work place.
In May of 2017, the California Department of Fair Employment and Housing (DFEH) approved new regulations pertaining to gender identity and gender expression in the workplace. These regulations became effective July 1, 2017.
On July 17, 2017, the Massachusetts Supreme Judicial Court ruled in favor of a woman challenging her termination for testing positive for medical marijuana use. The six judge panel found in her favor after determining her doctor's prescription for medical marijuana should have been treated as a reasonable accommodation for her disability. While not binding on California courts, it is anticipated that other cases will follow in other states, like California, where medical marijuana is legal under state law, although it remains illegal at the federal level.
On January 7, 2017, we posted a blog on our website titled "AB 1066 - On the Seventh Day Thou Shall Rest?" (/blog/2017/01/ab-1066---on-the-seventh-day-thou-shall-rest.shtml). We explained that the California Supreme Court would provide guidance - pertaining to the California Labor Code's prohibition of employers causing employees to work more than six days in seven - when it issued its ruling in Mendoza v. Nordstrom, Inc.
Does the Seventh Day of Rest/ One Day's Rest in Seven Rule Apply to California Agricultural Employees starting January 1, 2017?
On May 11, 2016, the Occupational Safety and Health Administration (OSHA) published its rule on employers electronic reporting of workplace injuries and illnesses. This new rule became effective on August 10, 2016, however OSHA delayed its enforcement until November 1, 2016. Pursuant to this new rule, many employers will be required to submit their summary of injuries and illnesses electronically to OSHA. This new rule requires employers to make sure they have a reasonable procedure for employees to report their work-related injuries and illnesses.
Employers are required to expressly inform employees they have a right to report work-related injuries and illnesses, and inform employees they will not be discriminated against or retaliating against for making such reports. Employers will be required to prove the employees received their reasonable procedure for reporting work-related injuries and illnesses policies to employees, however formal training of this policy and procedure will not be required.
AB 1066 was signed into law by California Governor Jerry Brown on September 12, 2016.