Employment Law Updates: What In-House Counsel Need to Know

Employment Law Updates: What In-House Counsel Need to Know

Estimated reading time: 6 minutes

Staying informed about the latest employment law updates is crucial for in-house counsel, who are tasked with ensuring that their organizations remain compliant with ever-evolving legal standards. Recent developments, such as changes in worker classification laws, cannabis use regulations, and workplace violence prevention mandates, present both challenges and opportunities for companies.

Worker Classification: Proposition 22

The California Supreme Court recently upheld Proposition 22, a landmark decision that allows app-based drivers for companies like Uber, Lyft, and DoorDash to be classified as independent contractors rather than employees. This ruling has significant implications for the gig economy and the broader employment landscape. In-house can benefit from the following recommendations: 

Review Worker Classifications: In-house counsel should review their company’s classification of workers to ensure compliance with Proposition 22 and other relevant laws. This is particularly important for businesses in the gig economy or those employing independent contractors.

Evaluate Business Models: Companies may need to reassess their business models and workforce strategies to align with the flexibility and requirements established by Proposition 22. Understanding the criteria that differentiate employees from independent contractors is crucial for minimizing legal risks.

Monitor Legislative Changes: As worker classification remains a contentious issue, it is essential for in-house counsel to stay informed about potential legislative changes that could impact how workers are classified.

Risk Management: Assess the potential risks associated with the independent contractor model. This includes understanding the liabilities that may arise if workers are incorrectly classified and ensuring that all risk management protocols are up to date. Regular audits and reviews can help identify potential vulnerabilities in worker classification practices.

Cannabis Use and Employment: Assembly Bill 2188

Effective January 1, 2024, California’s Assembly Bill 2188 prohibits employers from penalizing employees for using cannabis during non-work hours. This law reflects a significant shift in how employers must approach drug use policies.

Update Drug Policies: In-house counsel should update their organization’s drug policies to comply with AB 2188. Policies should clearly differentiate between cannabis use during non-work hours and its use or possession at the workplace.

Training and Education: Implement training programs to educate managers and employees about the new legal protections regarding cannabis use. This will help prevent discrimination and ensure that all employees understand their rights and responsibilities.

Consider Exceptions: Be aware of exceptions, such as positions that require federal security clearances or those in the building and construction trades, where different rules may apply.

Review Testing Practices: AB 2188 impacts how drug tests are conducted and interpreted. In-house counsel should ensure that any drug testing practices used by the company are scientifically valid and do not detect nonpsychoactive cannabis metabolites. This means revising testing protocols to focus on impairment rather than mere presence of cannabis metabolites, aligning with best practices for workplace safety.

Workplace Violence Prevention: Senate Bill 553

As of July 1, 2024, California requires employers to implement Workplace Violence Prevention Plans (WVPP) under Senate Bill 553. This legislation mandates proactive measures to safeguard employees against workplace violence.

Develop a WVPP: In-house counsel should collaborate with HR and safety teams to develop a comprehensive WVPP. The plan should include procedures for identifying and mitigating potential workplace violence risks, as well as response protocols for incidents.

Employee Training: Conduct regular training sessions to educate employees about workplace violence prevention, reporting mechanisms, and the actions to take during an emergency. Training should be tailored to address specific job functions and workplace environments.

Maintain Incident Logs: Employers must keep detailed logs of all workplace violence incidents, including date, time, location, and descriptions. This log will help identify patterns and inform future prevention strategies.

Engage Employees in Prevention Efforts: Encourage employee involvement in developing and updating the WVPP. Employees are often the first to notice potential threats or areas of concern, making their input invaluable. Regular feedback sessions and open discussions about workplace safety can enhance the effectiveness of the WVPP.

Regularly Review and Update the WVPP: Workplace environments and risks can change over time, necessitating regular reviews and updates of the WVPP. In-house counsel should ensure that the plan is assessed at least annually and after any significant incident or change in the workplace. This proactive approach helps maintain relevance and effectiveness in violence prevention efforts.

Let Continuing Education of the Bar (CEB) Be Your Guide in Employment Law

CEB offers comprehensive resources and updates that allow counsel to stay informed about recent precedents and shifts in the legal landscape — ensuring that attorneys can maintain a thorough understanding of current legal standards and changes with its many online resources:

CEB Practitioner

CEB’s Practitioner Tool offers a vast array of case law, statutes, and practical guides across various legal fields. This tool streamlines research, enhances legal practice efficiency, and provides up-to-date information, making it invaluable for lawyers seeking quick and reliable legal insights. All Practitioner resources are written by California lawyers, for California lawyers. 

OnLAW Pro

CEB’s all-in-one legal research solution with authoritative practice guides, OnLAW Pro is written by California lawyers for California lawyers. All practice guides are fully integrated with CEB’s primary law research tool, allowing you to research California, Ninth Circuit Court of Appeals, and U.S. Supreme Court case law, as well as California statutes and the California Constitution. OnLAW also comes with TrueCite®, CEB’s powerful case law citator. 

MCLE Solutions

CEB’s MCLE solutions, including CLE Passport and CEB’s CLE Compliance Package, provide a robust platform for California lawyers seeking to fulfill their CLE requirements. These solutions offer a diverse range of courses, covering various legal topics and practice areas. Designed for convenience and flexibility, the programs are available online, allowing attorneys to access high-quality, accredited educational content anytime, anywhere. CEB’s MCLE Solutions are an ideal blend of practicality and expertise, ensuring legal professionals stay informed, compliant, and at the forefront of their field.

Maximize the effectiveness of your legal practice by integrating CEB’s innovative tools into your work. Visit our website to explore these resources and begin transforming your approach to legal challenges. Empower yourself with the expertise and tools needed to excel in the dynamic legal realm. Stay informed and stay ahead with CEB.