What’s New?

A Few Workplace Law Developments

by Jennifer Shaw | | July 1, 2024

Lots to report this week… (I missed posting last week because of a nasty case of COVID-19. Not fun…)

Workplace Violence Prevention Program Deadline. The July 1 deadline is here!  You must have a Workplace Violence Prevention Plan in place, and ensure your employees are trained. Here’s a link to the requirements: Click Here.

PAGA Developments. Yes, big news on the PAGA front. Governor Gavin Newsom recently unveiled proposed legislation to reform PAGA and give some long-needed relief to employers. The two bills, AB2288 and SB92 if adopted, will result in significant changes to PAGA, including:

  • Reduced penalties for violations
  • Opportunities for employers to “cure” violations
  • Elimination of penalty inequities for employers with weekly pay periods
  • Elimination of derivative penalties (e.g., wage statement penalties)
  • Standing limitations

Of course, the new laws, if enacted, will not affect pending claims (but the ballot proposition set for November will go away!). So, get ready for an onslaught of PAGA notices before the laws are enacted.  And call your representatives downtown and urge them to support the legislation.

The United States Supreme Court Overturns Key Precedent. In a significant development for employers, the Supreme Court recently overturned what’s referred to as the “Chevron doctrine.” That doctrine required courts to defer to a federal agency’s position when a statute is open to interpretation. Now, courts will have more power to invalidate agency rules. 

What does this development mean for the workplace?  A number of agency interpretations will be subject to challenge, including various Department of Labor wage and hour rules related to overtime, and independent contractors; the National Labor Relations Board’s recently announced joint employer rule; the EEOC’s regulations on harassment, discrimination, and retaliation; and the Federal Trade Commission’s non-compete rule, just to name a few.

It’s about to get very interesting…  Here is a link to the decision. Click Here.

San Francisco Minimum Wage Increase. Effective July 1, 2024, the San Francisco minimum wage is increasing to $18.67 per hour.  The minimum wage is adjusted annually based on the increase in the Consumers Price Index. There is a new poster, too, available here. Click Here.

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