Opener
Below is an outline of topics designed to assist California employers in navigating COVID 19 and the related economic fallout. Everything is changing quickly and this is based on what is currently known and available. Communications with Employees: Number one priority in this situation continues to be the safety of your employees. It is crucial […]
Today, TTB announced that it would permit returns of alcoholic beverages that were originally purchased for events that have been canceled due to Coronavirus. As TTB stated: “Given the unexpected and widespread nature of the concerns involving COVID-19, TTB will not consider returns of alcohol beverage products purchased to sell during such cancelled events to […]
On Sunday, March 15, 2020, Governor Gavin Newsom announced that due to efforts to reduce the potential spread of the novel coronavirus, he was directing the closure of “all bars, nightclubs, wineries, brewpubs, and the like.” Restaurants, however, are not directed to close at this time, but are subject to reduction of occupancy and social […]
Remember a few weeks ago when we said to be on the lookout for a new “Do Not Sell My Information” button that looked like this? Never mind. The latest version of the proposed California Consumer Privacy Act (CCPA) regulations, released for comment on March 11, 2020, has struck the prior version’s proposed […]
It is important that employers stay on top of their employees’ workplace safety. We recommend disseminating information to your employees about the COVID 19 outbreak and staying on top of developments. Below is a sample communication, but, of course, you should make sure it accurately reflects your workplace and the steps you are taking. One […]
The California Department of Justice has published updated proposed regulations implementing the California Consumer Privacy Act (CCPA). The revised regulations can be viewed here. A comment period on the proposed regulations is open, with comments due on February 25, 2020. The official notice, with instructions on how to comment, can be found here. Among the […]
On February 4, 2020 the Board of Supervisors voted unanimously to adopt the Small Winery Protection and Use Permit Streamlining Ordinance (Ordinance No. 1455). It will become effective 30 days after the date of its passage – Thursday March 5, 2020 (unless the ordinance is challenged). As a result, certain minor modifications may be approved […]
As suspected, legal challenges have been made to both AB-51, which prohibits mandatory arbitration in employment, and AB-5, the new independent contractor test. Below is a brief summary of the challenges and what it may mean for your business. Arbitration As of December 30, 2019, California is prohibited from enforcing AB-51. Mandatory arbitration is currently […]
The California Consumer Privacy Act officially goes into effect on January 1, 2020. As a result, any business – as specifically defined – that interacts with California consumers will need to update its privacy policy and related business practices. To be subject to the CCPA, a “business” must have either $25 million in revenues; buy, […]
It is that time of year when we look to see what will change for California employers. We have summarized some important changes to California employment law that may have an effect on your business as we enter the New Year. There may also be local laws that are not reflected below. If you have […]
Cal/OSHA issued an advisory to employers in California who may be encountering heavy smoke at worksites due to the wildfires. The Department of Industrial Relations and Cal/OSHA want to ensure that you have the information you need to protect your workers during this situation. More information is available on their website at https://www.dir.ca.gov/dosh/Worker-Health-and-Safety-in-Wildfire-Regions.html. For the most […]
The Napa County Board of Supervisors has undertaken a series of major regulatory moves involving winery and vineyard permitting over the course of the past year. Critics of the various regulatory changes abound on all sides of the issues, with the board navigating a difficult path between wine industry, agricultural, environmental and anti-growth interests. First, […]
On Friday, August 30, 2019, Governor Newsom signed into law SB 778, clarifying requirements for mandatory sexual harassment training. The bill is an urgency statute, which means it shall go into immediate effect. The law can be found here. The key points of the clarifying statute are: All employers with five or more employees required […]
Since the 2016 election there has been speculation of wide-spread immigration actions by the United States Immigration and Customs Enforcement (“ICE”). Repeated announcements from the President for “round-ups”, recent mis-match letters from the Social Security Administration (“SSA”) and court action concerning the census citizenship have many in the community on edge. While it is difficult […]
The California Department of Alcoholic Beverage Control (“ABC”) recently issued a new Industry Advisory regarding subscription services. In the alcohol beverage industry, we often see subscription services in the form of automatic renewal wine clubs, beer-of-the-month clubs, and/or spirits clubs, where customers sign up to receive future shipments of a licensee’s offering of wine, beer, […]
Alcohol beverage retailers won a significant victory before the U.S. Supreme Court this morning. The Court held in Tennessee Wine & Spirits Retailers Association v. Thomas that Tennessee’s two-year durational-residency requirement applicable to retail liquor store license applicants violates the Commerce Clause and is not saved by the Twenty-First Amendment. In doing so, the Court […]
The U.S. Department of the Treasury’s Alcohol and Tobacco Tax and Trade Bureau (“TTB”) recently announced upcoming changes to the Certificate of Label Approval (“COLA”) application review process. Specifically, TTB will be adding a new “Conditionally Approved” status allowing applicants to fix minor errors in their COLA applications without having to go to the back […]
On May 2, 2019 the USPTO released its Examination Guide 1-19, Examination of Marks for Cannabis and Cannabis-Related Goods and Services after Enactment of the 2018 Farm Bill (here: https://www.uspto.gov/sites/default/files/documents/Exam%20Guide%201-19.pdf) , which aims to clarify the procedure for examining marks for cannabis and cannabis-derived goods and for services involving cannabis and cannabis production following the […]
The FDA has issued guidance for its enforcement policy on the Produce Safety Rule, part of the FDA Food Safety Modernization Act (FSMA). The Produce Safety Rule identifies certain produce as “not covered” or eligible for an exemption to Product Safety Rule compliance. The primary exemption is with respect to “rarely consumed raw” produce. As […]
The annual Unified Wine and Grape Symposium takes place next week, and Dickenson, Peatman & Fogarty attorneys will be on hand to meet our Lex Vini readers. Reception We are hosting our annual reception at Ella Dining Room & Bar on Wednesday, January 29th from 5:00pm-7:00pm and would love to have you join us! Panels […]