Lotus Law Center

In today’s threat environment, C-suite executives advocate strong cybersecurity awareness cultures throughout all levels of their organizations. As October is National Cybersecurity Awareness Month, now is a good time to examine and dismiss some of the current cybersecurity myths. Are there gaps in cybersecurity awareness in your organization?http://ow.ly/EOKM50BOMWf

Two new California employment laws became effective September 17, 2020: (1) AB 685 requires employers to report certain COVID-19 cases to CAL-OSHA and to provide employees with notice of possible exposure to COVID-19 within one business day. (2) SB 1159 expands employees’ access to Worker Compensation coverage for those who have contracted COVID-19 int he workplace and imposes significant notice requirements on employers. Is your business ready to comply with the new laws? http://ow.ly/nSAL50BFJ5N

According to the Equal Employment Opportunity Commission’s (EEOC) new guidance, employers that allow employees to work remotely for health and safety reasons during the COVID-19 pandemic are not necessarily obligated to grant future remote work requests. The data from the nation’s surge in remote work during the pandemic will play a significant part in the EEOC’s determinations of future disability discrimination claims in which employers have denied requests for remote work. For additional information: http://ow.ly/6cwc50BBDls

By the end of September, California employers will have Governor Newsom’s decisions regarding a number of significant bills. These bills address an array of employment issues pertaining to: extensions of the California Family Rights Act (CFRA), employee recall and retention obligations, new pay data reporting to the California Department of Fair Employment and Housing (DFEH), COVID-19 in the workplace, and unemployment insurance benefits. Is your business ready for the coming changes? http://ow.ly/E4qB50Bv0S6

On this Patriot Day, we honor the victims, the families of the fallen, survivors, and emergency responders of the September 11, 2001 attacks.

Have a Safe and Hoppy Labor Day Weekend!

According to the recently issued IRS and Treasury guidance, employers are given the option to defer payroll taxes for employees earning under $104,000 annually for the period starting September 1, 2020 and ending December 31, 2020. The deferred taxes must be recouped from paychecks in the first four months of 2021 to pay back the amount owed. Many employers cite the onus put on the employer to pay back any unpaid taxes as a reason to refrain from participation in the tax deferral. http://ow.ly/a9sY50BgrvU

Recently, the U.S. Department of Labor’s Wage and Hour Division issued a Field Assistance Bulletin providing guidance regarding employers’ obligations under the Fair Labor Standards Act to track and pay for the hours of compensable work performed by remote employees. An employer’s rule prohibiting unauthorized overtime will not necessarily exempt the employer from their obligation to track and pay for hours worked by overtime-eligible employees regardless of the location in which the work is performed. Is your business following the FAB guidance? http://ow.ly/Q3qZ50BcdeT

On August 14, the final CCPA regulations were approved by the California legislature and are now in effect. The final regulations include the withdrawal of several provisions and certain global modifications. In light of the final changes to the CCPA regulations, have you reviewed your business’ efforts to ensure compliance and to avoid penalties? http://ow.ly/dsEf50B62yG

As the school year gets underway in the midst of the COVID-19 pandemic, employers are weighing options to keep their employees with school-age children working and productive. Some are offering these employees: remote work (often mandated by state and local legislation), modified work schedules, job sharing, nanny and tutorial resources, and workplace child schooling and daycare. Employees who need leave from work to meet childcare needs may opt for: paid family leave under FFCRA or FMLA, personal leave or unemployment. How will the school year impact your business? http://ow.ly/o2d250AZYYP

Cybersecurity and privacy have become central concerns for corporate board members. To defend against data and privacy breaches and the ensuing potential risk of fines, litigation, as well as loss of revenue and reputation, organizations are implementing holistic corporate-wide cybersecurity programs that include regular testing, auditing, and fine tuning. How does your board address cybersecurity and privacy? http://ow.ly/JZcm50ATWrb

California lawmakers have proposed legislation to address the lack of ethnic diversity in corporate boardrooms. If California Bill 979 is signed into law, publicly held California corporations will be required to include at least one person from an underrepresented community on their board of directors or risk incurring fines of $100,000 to $300,000. The defined under-represented groups are African American, Hispanic and Native American, Asian, Pacific-Islander, Native Hawaiian, and Alaska Native. Is your board ethnically diverse? http://ow.ly/3JpB50ANKUT

Sunday marks the 30th anniversary of The Americans With Disabilities Act of 1990 (ADA). The ADA was enacted to protect individuals with disabilities from discrimination and to guarantee full and equal opportunity in employment, education, public accommodations, mass transportation, telecommunications, and government services. As President George H.W. Bush stated, The ADA reflects recognition that the surest path to America’s continued vitality, strength and vibrancy is through the full realization of the contributions of all of its citizens. http://ow.ly/LgOY50AHCNr