Linda O'Neill

As of October 10, 2024, employers in unincorporated San Diego County must comply with a new Fair Chance Ordinance expanding protections for applicants with criminal records. Enforcement doesn’t begin until July 2025, but now is the perfect time to ensure your hiring practices are up to date. Key Takeaways: This ordinance builds on California’s Fair Chance Act, requiring documented individualized assessments before adverse action and notifying candidates of their right to file complaints with the San Diego Office of Labor Standards and Enforcement. It applies to a wide range of workers, including remote employees, contractors, and gig workers in unincorporated areas of San Diego County. If you’re already following the California Fair Chance Act, only minor adjustments are needed, but rethinking your pre-adverse action process is critical. For a full breakdown, check out this week’s Forbes article: https://lnkd.in/gaAg5C6p This ordinance is part of a broader resurgence in ban-the-box legislation: Unincorporated Los Angeles County introduced its own Fair Chance Ordinance, effective September 3, 2024, for employers with five or more employees. It requires multiple notices and individualized assessments, including detailed justifications when reviewing criminal history for specific roles. Explore my coverage of the Unincorporated LA County ordinance here: https://lnkd.in/gvwsfJFh Prince George’s County, Maryland, recently enacted the Employment Fairness Act, effective September 16, 2024. It prohibits the consideration of nonviolent felony convictions older than five years and misdemeanor convictions older than 30 months, while also banning the use of certain arrest records and marijuana-related offenses. I’ve posted an overview of the Prince George’s County ordinance here: https://lnkd.in/ehdm8aur Check back each week to stay ahead of the compliance curve! #ComplianceUpdate #BackgroundScreening #FairChanceHiring #BanTheBox #LAJobs #SanDiegoJobs #HRCompliance

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Gotta love California...not just for the sunshine, but for the complexity of laws and regulations especially around employment and freelance workers. In summary: "To protect against other provisions in the law, hiring parties should also consider including the following items in their written contracts: - Specify the assignment of IP Rights. - Specify a due date for payment or a process for determining when payment is due - Carefully define the work to be performed" Point 3 in particular is a best practice everywhere.

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If you have any California employees, I encourage you to join my partner, Michael Kelly, for this timely webinar on the upcoming California requirements relating to Workplace Violence Programs. #teamspb

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As we previously reported, the California AG’s office recently provided clarification through FAQs on the California ​“hidden fee” law that amended the Consumer Legal Remedies Act, SB 478. Those FAQs articulated the position that restaurants must include all mandatory fees, including service charges and mandatory gratuity, as part of the displayed price for a product, while distinguishing delivery fees on the grounds that those fees are for a separate service. Simone Roach presents the key points from Donnelly McDowell and Beth Chun's article in our latest podcast episode: https://lnkd.in/eGnCCGuD #ConsumerProtection #HiddenFees #CaliforniaLaw #LegalUpdate #KelleyDrye

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Check out the latest insights from Tyler Paetkau and Tracey Oakes O'Brien! This article discusses 1) the current state of pay equity and transparency laws and reporting obligations in California; 2) compensation data requested in OFCCP’s new SLIL; and 3) strategies for fulfilling compliance obligations while protecting employers’ privileged information. Read the full article via Bender's California Labor & Employment Bulletin: https://lnkd.in/gbiUhVuD #payequity #compliance #Californialaws

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Excited to have participated in a thought-provoking panel discussion on AI and the workforce for the Portland Business Journal! We delved into considerations for employers currently using AI tools and processes, the ethics of using AI in human resources, and advice for employers considering using AI in their workplaces. AI will continue to reshape our work environments, and it's crucial that employers prepare for these changes. Grateful for the insightful contributions from my fellow panelists, Valerie Banschbach, Tara Dahl, Lyssa Kohnke, and Sarah Simmons, and thoughtful questions from moderator Candace Beeke. #markowitzherbold #ai #aiworkforce #humanresources #employmentlaw

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Interesting turn of events by the #NRLB and on the heels of California's #WorkerFreedomfromEmployerIntimidationAct. In short, this means that employers can no longer force employees to be present at meetings that discuss an employer's opinions about #religious or #political matters AND employers cannot retaliate against employees who refuse to engage in the same. This decision came down from a wave of #antiunion sentiment by large corporations, most notably #Amazon, that held mandatory meetings to cease #unionorganizing or express their opinion about union organizing. I imagine more #proworker decisions will be released by the end of the year. Whether they will remain in the next four years is to be seen.

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I'm so excited to be sharing an introduction to Artificial Intelligence (AI) for solo and small firm practitioners at the California Lawyers Association's Solo and Small Firm Summit next week! Will I see you there? #AIforLawFirms #AIforLawyers

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Since 2004, California’s Private Attorneys General Act (PAGA) has been the central system for managing labor law violations. Under PAGA, employees are given a private right of action with respect to labor law violations by their employers. Not only can employees bring lawsuits to recover for these violations, but they can also bring them on behalf of other aggrieved employees. But with the current legislation being proposed by California Governor Gavin Newsom to rewrite PAGA’s provisions, as well as a potential ballot to fully repeal PAGA this upcoming November election, employers should be aware of any changes that could be introduced to the preexisting PAGA policies and how it may affect these types of lawsuits in the future. In this webinar, Treaver Hodson will cover key aspects of PAGA’s current legislation, as well as any notable changes that employers should look out for with the new legislation being introduced. Join us on Tuesday, July 23rd from 12-1pm to gain valuable insights on how to better understand PAGA lawsuits with your business. Register now and join us for this engaging and informative webinar. #PAGA #employmentlaw #laborlaw #Californialaw #webinar

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🚨 On June 27, Governor Gavin Newsom signed a compromise reform for California’s Private Attorneys General Act (PAGA), negotiated by employer groups and employee representatives. The new laws, Assembly Bill 2288 and Senate Bill 92 aim to curb frivolous lawsuits and offer fairer penalties. Bruce Scheidt provides details on how this reform impacts your business. 🔗 https://lnkd.in/gRQQQwxp #PAGA #EmploymentLaw #CaliforniaLaw #California #employers

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What is the California Uniform Directed Trust Act? A trustee becomes a directed trustee who must carry out the trust director’s decisions within the scope of the trust director’s authority. We go over this in more detail on our blog: https://lnkd.in/gvt9UcFf

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📅 Mark your calendars for May 30, 2024! Join us at 10:00am pst for the first session of our two-part webinar series on managing diverse leave types and practical compliance advice. 📊✨ We'll dive deep into California's complex leave laws, covering FMLA, CFRA, PDL, and more. This is your chance to master effective leave management strategies. Don’t miss out on these essential insights! Register here: https://ow.ly/kK5M50RSWnL #HR #LeaveManagement #Compliance #WebinarSeries

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Next month, many California businesses will be mandated to adhere to SB 553, a new workplace safety law. Is your organization prepared to comply with the requirements? In my recent article for @ Corporate Compliance Insights, I explore the details of SB 553 and offer guidance on how to set your organization up for success: https://lnkd.in/eZaFtF7P

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Gov. Gavin Newsom has announced a significant compromise to modify the Private Attorneys General Act (PAGA), which has been a critical yet contentious law for both employers and employees. This agreement, shaped through discussions with business and labor leaders, aims to enhance worker protections while mitigating excessive litigation costs for businesses. Key changes include: **Higher penalties for non-compliance with labor laws.** **Increased penalty funds for employees (from 25% to 35%).** **Legal actions initiated directly by the affected employee.** At Accessible HR, we understand the complexities of staying compliant with evolving labor laws. Our team is dedicated to helping businesses navigate these changes smoothly and avoid costly legal pitfalls. Reach out to us to ensure your organization is prepared and compliant with the latest legal requirements. #HR #Compliance #LaborLaw #PAGA #AccessibleHR #EmployeeRights #BusinessLeadership #humanresources https://lnkd.in/gv2ZdZN7

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California employers, take note: the California Department of Industrial Relations (DIR) has published a set of helpful FAQs breaking down some of the recent key changes to the California Private Attorneys General Act (#PAGA), including changes to penalty structures and notice requirements. Read more in our latest #Labor & #Employment client alert, written by Jeremy Mittman and Ricky Tai: https://lnkd.in/gg-8SnPe

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📢 David W. Tyra will be presenting at the Labor and Employment Law Section of the California Lawyers Association 2024 Public Sector Conference on May 10th, in Sacramento. Gain insights from industry experts, including David, who will discuss whistleblower statutes covering public employees. #LaborLaw #EmploymentLaw #PublicSector #employers #california

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