High winds and drought conditions have fueled severe wildfires, devastating communities around Los Angeles, California. The fires have destroyed thousands of homes and businesses, while firefighters are working tirelessly to gain control. On January 8, 2025, President Biden approved a “Major Disaster Declaration” for California.
Beginning January 1, 2025, as a result of the passage of AB 2299, the California Labor Commissioner has been tasked with creating model notices to aid employers in complying with the current mandate of Labor Code section 1102.8, which requires posting notices to employees of their rights and protections under whistleblower laws. The California Department
Proposition A — Amendments to the Missouri Labor and Industrial Relations*
*Access a copy of the Proposition A full bill text here.
*Access a searchable PDF, that includes the language of Proposition A, here.
On November 5, 2024, Missouri voters approved an amendment to RSMo § 290.502, increasing the state minimum wage in 2025 and 2026. In addition, voters approved earned paid leave that employees can use for their own or their “family member’s” illness(es), preventative care, and/or to address victims’ needs resulting from domestic violence, stalking, and/or sexual assault (collectively referred to as “Paid Leave” below). Since its passage, after reading overviews of the Amendment, many of our clients still had questions about how best to implement the requirements considering their workforce and current leave policies. Most wondered if their current PTO policy would suffice as written. Below, members of Husch Blackwell’s Labor & Employment team have answered these questions.
In our ever-evolving world, fostering cultural sensitivity is paramount for creating inclusive and respectful work environments and minimizing legal risks. Language plays a crucial role in shaping our perceptions, and unfortunately, some words used in everyday conversation may perpetuate stereotypes and contribute to cultural insensitivity. This Native American Heritage Month, employers should consider abandoning the following words and phrases, and encourage their employees to do the same, in an effort to embrace more inclusive work environments, and mitigate the risk of discrimination claims brought by indigenous members of their workforce.
In 2024, Governor Gavin Newsom signed several bills impacting California employers, which go into effect on January 1, 2025. We discuss the most notable new laws affecting employers below.
An Election Primer for Private-Sector Employers
As the 2024 general election draws near, employers can anticipate a rise in political expression from employees both inside and outside of the workplace. Political speech encompasses a broad array of activities, extending far beyond verbal or written communication on political topics. For example, wearing clothing or accessories that endorse or oppose certain issues (N.L.R.B. v. Mead Corp.); wearing wrist bands in support of political causes (Tinker v. Des Moines); displaying bumper stickers, campaign buttons or political posters (Ferguson Police Officers Ass’n v. City of Ferguson); donning insignia such as buttons or decals (Home Depot USA, Inc. and Antonio Morales Jr.); and even “liking” a social media post can be viewed as protected speech (Bland v. Roberts).
Late yesterday, August 20, 2024, a Federal Court in Texas issued a decision which enjoins – on a nationwide basis – the FTC’s final rule which would effectively ban all non-competes with limited exceptions. While we expect the FTC to appeal this decision, the rule will not go into effect on September 4, 2024, or
A whopping 7 in 10 Americans favor the legalization of cannabis, according to Gallup, as more states are slated to legalize adult use cannabis, or at least decriminalize it, this year. Indigenous nations, such as Wisconsin’s Ho-Chunk, are following suit. As of April 30, the Ho-Chunk tribal legislature voted to decriminalize cannabis on its tribal lands. Yet, as the Drug Enforcement Administration (DEA) advances the rescheduling of cannabis under the Controlled Substances Act, complex jurisdictional questions remain regarding the enforcement of cannabis laws at the tribal and state levels. Among them, as of 2024, can tribes legalize cannabis use and sale on their own lands?
The Northern District of California issued an eagerly awaited decision last month in Mobley v. Workday, Inc., where a job applicant claims that Workday’s artificial intelligence (AI) job applicant screening tools violate federal and California anti-discrimination laws. Workday moved to dismiss the claims, on the basis that it is not a covered employer under any of the applicable anti-discrimination laws, which the Court granted in part and denied in part. Specifically, the Court dismissed the plaintiff’s intentional discrimination claims and an aiding and abetting claim under California’s anti-discrimination law, but allowed disparate impact discrimination claims to proceed against Workday based on the argument that Workday was an “agent” of the employers to which the job applicant applied.
From Congress’ recently proposed “Dismantle DEI Act of 2024” to the Court of Appeals for the Tenth Circuit’s decision permitting mandatory diversity training by employers, diversity, equity, and inclusion (“DEI”) programs remain a contentious issue in U.S. politics. In June 2024, attorneys general from 40 states joined one of two dueling letters, reflecting the inconsistent sentiments on this topic across state lines.