Posts from January 2022.
Posted in Legal Bites
FDA Focuses on Food Safety to Begin In 2022

In January 2022, FDA announced new initiatives focused on food safety, indicating that the agency will continue to prioritize that area. Several of these programs are designed to provide more transparency and more information on foodborne illnesses and food safety hazards directly to consumers. Others, including a new egg regulatory program and a proposed rule on pre-market notification for food contact substances, are more technical and industry-focused.

  • On January 5, FDA announced its new public-facing reportable food registry. The RFR public data dashboard contains 10 ...
SB 362 Prohibits Use of Quotas at Chain Pharmacies

Continuing the trend of legislation in response to headline news, California passed SB 362 prohibiting the use of quotas at chain community pharmacies. This bill modifies California’s Pharmacy Law, which regulates all pharmacy licensees.

SB 362 applies to chain community pharmacies, which are defined as chains of 75 or more stores in California under the same ownership. Chain community pharmacies are distinct from independent community pharmacies (four pharmacies or less under the same ownership).

The bill adds Section 4113.7 to the Business and Professions Code. That ...

Governor Newsom To Revive COVID-19 Paid Sick Leave 

Governor Newsom and the California Legislature have agreed to enact new legislation that will revive COVID-19 paid sick leave. The prior law created by Senate Bill 95, expired on September 30.  The new law is included in the state budget process and should be complete in a matter of weeks.

The proposal is still being worked on, but it is likely that it will apply to all businesses with 26 or more employees. It is also probable that the bill will be retroactive to January 1, 2022 and will continue until September 30, 2022. The qualifying reasons will be the same as in SB 95 and will cover any ...

SB 331 Expands Restrictions on Nondisclosure, Settlement and Separation Agreements

In an effort to support the Me Too movement, California previously enacted Code of Civil Procedure section 1001 to prohibit any provision in a settlement agreement that prevents the disclosure of an act of sexual harassment, discrimination or assault related to a claim filed in a civil or administrative action.  In addition, Government Code section 12964.5 was created to make it unlawful to require an employee to sign a nondisparagement or nondisclosure agreement to deny the employee the right to disclose information about unlawful acts in the workplace, including sexual ...

Supreme Court Upholds Vaccine Mandate for Medicare and Medicaid-Certified Providers and Suppliers

On the same day that the United States Supreme Court imposed a stay of enforcement on OSHA’s vaccine mandate for private employers with over 100 employees, the Court ruled that the Centers for Medicare & Medicaid Services (CMS) had the statutory authority to impose a vaccination mandate on healthcare providers who care for Medicare and Medicaid patients. Facilities in states that were not previously subject to injunctions (listed below) must demonstrate that their staff is fully vaccinated by February 28, 2022.

For those states where injunctions were lifted following the ...

United States Supreme Court Imposes Stay on OSHA Vaccine Mandate

Following an expedited hearing on January 7, 2022, the United States Supreme Court granted a petition for stay of enforcement of OSHA’s COVID-19 Vaccination and Testing; Emergency Temporary Standard that would have been imposed on employers of 100 or more employees.  This stay is, in effect, injunctive relief pending disposition of the numerous businesses, trade groups, and non-profit organizations’ consolidated petitions for review in the Sixth Circuit Court of Appeals.

The Court disagreed with the Sixth Circuit’s prior opinion and determined that the applicants’ ...

Los Angeles County Tightens Mask Mandates for Employers

On January 5, 2022, Los Angeles County’s Department of Public Health modified its ongoing COVID-19 health order due to drastic increases in cases and resultant hospitalizations related to the Omicron and Delta variants. Among these modifications is an important new requirement which pertains to the wearing of masks by employees. 

Specifically, employers in Los Angeles County must now provide their employees who work indoors and in close contact with other workers or the public with a well-fitting medical-grade mask, surgical mask or higher-level respirator, such as an N95 ...

Can a Discharged Receiver Be Sued Without Court Permission?

Q:  I was discharged as receiver a number of years ago. One of the defendants in the case has now sued me and my former attorney, contending we violated his civil rights when I sold some of his assets and that we conspired with the plaintiff to injure him. The former defendant did not obtain leave from the court that appointed me to sue me and my former attorney. Even though I was discharged and the case is closed, isn’t court permission to sue me still required?

A:  I assume that since you were sued for civil rights violations, the new lawsuit is in federal court. If the case is in First ...

A Reminder: The IRS Mileage Rates Have Changed

The 2022 mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes have increased from last year or remained unchanged. Specifically, as of January 1, 2022, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) are:

  • 58.5 cents per mile driven for business use, up two and one-half cents from the rate for 2021;
  • 18 cents per mile driven for medical, or moving purposes for active-duty members of the Armed Forces, up two cents from the rate for 2021; and
  • 14 cents per mile driven in service of ...
Posted in Legal Bites
New California Compost Law Goes into Effect

On January 1, 2022, California’s new compost law will officially go into effect. Senate Bill 1383 was passed in September 2016 as part of a statewide effort to reduce emissions of short-lived climate pollutants. SB-1383 set the ambitious targets of reducing organic waste disposal 50% by 2020 and 75% by 2025.

Beginning on January 1, 2022, every jurisdiction in California (i.e., city, county, or special district that provides solid waste collection services) is required to provide organic waste collection services to all residents and businesses. The state’s CalRecycle ...


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