The employment law universe is full of developments these days.  Below are some important (but unrelated) items you should spend some time contemplating…

Cal/OSHA’s New Posting

Yes, it’s the middle of the year.  But Cal/OSHA recently released an update to its required “Safety and Health Protection On the Job” notice. The notice provides employees with information about employer safety obligations and employees’ rights, such as reporting unsafe working conditions. It also includes the addresses and telephone numbers of Cal/OSHA’s division offices throughout the State.

Remember:  you must post at least one Notice along with the other workplace posters at each physical location where business is conducted or where services or industrial operations are performed. 

One complication:  it’s 11×17…

New Federal DOJ Memo Highlights DEI Risks

The DOJ issued a new memo outlining the circumstances in which DEI programs may violate federal law. There’s nothing substantively new here (no, you cannot treat employees differently based on their sex or race), but the memo highlights some problematic DEI practices, at least in the DOJ’s eyes.
The memo explains that DEI programs may violate Title VII if they use race, sex, or other protected characteristics as a basis for workplace decisions, promote stereotypes or “hostile” messages, or segregate individuals by race or sex.

The DOJ provided the following examples:
1. Ranking or prioritizing candidates from “underrepresented groups” for admission, hiring, or promotion
2. Mandating racially “balanced” interview panels race-based composition in interview slates
3. Giving preference to vendors based on their sex or race (no, you cannot “break a tie” by considering these factors)
4. Reserving work-related opportunities for specific racial groups
5. Designing training programs that stereotypes based on protected characteristics
6. Segregating training groups by race
7. Restricting participation in events based on identification with a protected characteristic
8. Using training materials that degrade or stereotype individuals based on protected characteristics
The good news? DEI is not illegal. But you should review your DEI programs (particularly those related to hiring, training, and selection processes) to ensure they don’t run afoul of the examples provided in the memo, ensure your training programs contained balanced messaging, and carefully evaluate any DEI-related complaints or concerns your employees may raise.

New California Minimum Wage for 2026
On January 1, 2026, California’s new minimum wage will be $16.90 per hour. Some industries require payment of a higher minimum wage (think health care and fast food). That means the minimum salary for your “white collar” exempt employees must be at least $70,304. Minimum wage violations are low hanging fruit for plaintiffs’ counsel, so be sure and update your compensation as appropriate.

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Thanks for stopping by. Hang in there…

About Shaw Law Group 

At Shaw Law Group, we do more than practice employment law—we partner with employers to build compliant, respectful, and productive workplaces. From day-to-day advice and counsel to impartial workplace investigations, proactive HR audits, dynamic training programs, and sensitive pre-litigation matters, our experienced team helps clients stay ahead of the curve—and out of court.