AB 2188 – a statute prohibiting discrimination based on off-duty cannabis use - was signed into law on September 19, 2022. As of January 1, 2024 it will be unlawful, with certain exceptions, for an employer to employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person,  based upon the person’s use of cannabis off the job and away from the workplace.

The Cal/OSHA Standards Board is looking to extend its COVID-19 regulation once again. Cal/OSHA's COVID-19 Emergency Temporary Standard (ETS), which was first adopted November 2020, is set to expire after December 31, 2022.  The Cal/OSHA Standards Board has now published, and is expected to enact, a semi-permanent rule that would replace the ETS. It is scheduled to take effect on January 1, 2023.

A recent Fourth Circuit[i] case puts into stark perspective how important it is for employers to “begin as you mean to go on…” especially when it comes to enforcing company policies and procedures. Employers must remember that the protections and defenses afforded them under established policies and practices can be put at risk where regular deviations create new ‘usual and customary’ practices.

Teresa McQueen

California law requires employers regularly employing 50 or more persons (or regularly receiving the services of 50 or more persons providing services pursuant to a contract) to provide prevention of abusive conduct as a component of its anti-harassment training and education requirements targeted at all employees.

Teresa McQueen

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