As fire season starts and some areas of California and several other states are attempting to contain wildfires, employers need to consider their obligations to employees. Federal OSHA does not have a wildfire standard but does require that employers protect employees from anticipated hazards associated with wildfires that employees are likely to come in contact with as part of their general duty obligations. Federal OSHA has also issued guidance indicating that employers with operations at risk of exposure to wildfires should be prepared for wildfire exposures through the development of preparedness and evacuation plans, establishment of safety zones around buildings, and availability of emergency response equipment. In California, Cal OSHA regulations require that employers take steps to protect their workers from potential exposures to wildfire smoke, which can present a hazard by employees breathing in harmful chemicals, gases, or fine particles that have the potential to harm their respiratory systems. Steps to protect workers can include moving operations indoors, providing respiratory protection, or ceasing operations until outdoor air quality is improved. In addition to the immediate safety at the worksite, a disaster like a wildfire may mean employees require time off of work. If an employee is a volunteer firefighter, reserve police officer, or emergency rescue person, they may be eligible to take a leave of absence to perform emergency duties. If a business has to close due to wildfires, the business needs to be prepared to handle payroll issues such as missing timesheets. If incorrect paychecks go out, employers should attempt to correct issues as soon as possible to avoid potential penalties should an employee make a claim.
California Local Minimum Wage Increases and Other Laws Set to Take Effect on July 1, 2020
Training is not required. Training Required. Under SB Employers must provide sexual harassment prevention training in a classroom setting, through interactive E-learning, or through a live webinar. E-learning training must provide instructions on how to contact a trainer who can answer questions within two business days. Finally, any training must include questions that assess learning, skill-building activities to assess understanding and application of content, and hypothetical scenarios about harassment with discussion questions.
California labor and employment law overview including: EEO, Diversity and Employee Relations, Recruiting and Hiring, Wage and Hour, Pay.
Click for PDF. In the current environment, many businesses have faced a precipitous drop in demand for their goods and services. At the same time, economic and public health circumstances continue to change and legal frameworks continue to evolve in response. In this rapidly changing environment, many employers are weighing employee furloughs as a means to conserve resources while remaining positioned for eventual recovery.
Employee furloughs can, however, implicate a variety of considerations and employment law obligations, many of which are changing in response to the current crisis and can vary by jurisdiction and employer specifics. This Update highlights some of the common issues that employers must keep in mind when considering and implementing employee furloughs during the current health crisis. A furloughed employee is usually, but not always, unpaid, although many employers will continue to provide benefits such as health and dental insurance to furloughed employees.
Given its temporary nature, the furlough has become a common response to the COVID crisis, where many employers intend to restore employees to their full positions once the circumstances safely and legally permit. In general, many states have adopted in whole or in part the guidance regarding what businesses may qualify as critical infrastructure issued by the U.
Labor and Employment Law Overview: California
Our Sites. Given how much time people spend at work, it comes as no surprise that many people date or have dated someone at their workplace. But with a lot of hooking up, there is also a lot of breaking up.
While the term “furlough” is not one that derives from any law or statute, it is For example, the California Division of Labor Standards Enforcement there is a definite date given for return to work within the normal pay period.
On August 30, , California Governor Gavin Newsom signed Senate Bill , revising mandatory anti-harassment training deadlines, and resolving confusion about retraining requirements for certain employees who already received training in or In September , California enacted SB , which extended the requirement that employers provide supervisory employees with two hours of anti-harassment training to businesses with five or more employees, including temporary or seasonal workers.
The law also expanded the training requirement—which had applied only to supervisory employees—to include one hour of training every two years for all non-supervisory employees for covered employers. The initial deadline for providing new training to those employees not previously covered under prior state law was January 1, Prior to SB , uncertainty remained regarding the timing of the two-year training cycle.
The California Department of Fair Employment and Housing DFEH had taken the position that any employee supervisory or otherwise who completed anti-harassment training in would need to receive it again in , to satisfy the now-scuttled January 1, deadline. To allow employers as much notice as possible, the bill includes an urgency clause stating that the legislation will become effective immediately upon passage. The updates in SB do not change the training timeline already in effect for supervisory employees.
Employees in a management role are still required to receive anti-harassment training once every two years. This is the case whether they were trained in or during , a clarification that SB makes clear, despite the deadline for new trainings established in the law. The biggest change to anti-harassment training within SB is that employees who are not supervisors also must receive training. These employees must be trained for one hour every two years.
Non-supervisors who have not previously attended anti-harassment programs must be trained by the new deadline of January 1, The new amendments also clarify that those hired into new non-supervisory positions, along with new hires in supervisory positions and those promoted into supervisory jobs, must be trained within six months of starting the position.
Can A California Employer Fire Someone For Having A Workplace Romance?
If the employer ended your employment — fired you, laid you off, eliminated your position, etc. If you ended your employment — you resigned or you quit — without notice, then the employer must have the check ready for you within 72 hours AFTER your last day of work. But if you quit AND if you gave at least 3 days advance notice to your employer of when your last day of work will be, then the employer must have your final paycheck ready for you on your last day. For most people, that ends up being 1.
The employer does have certain legal defenses to these penalties, but they are narrow and can be difficult to establish. Above all, keep in mind, your final paycheck has special status under the law.
California law requires employers to give written notice of a change in no later than the effective date of change in the employee’s status. For more information on California’s notice of change requirements, visit our Labor.
Search Search. For more information about this temporary freeze, click here. This guide is not legal advice. Laws and legal rules frequently change and can be interpreted in different ways, so Equal Rights Advocates cannot guarantee that all of the information in this Guide is accurate as it applies to your situation. Workplace sexual harassment takes many different forms. It can come from a coworker, a supervisor, or a customer or client, and ranges from unwanted touching, inappropriate comments or jokes, or someone promising you a promotion in exchange for sexual favors.
Sometimes sexual harassment is about sex and something else, like race or ethnicity.
California Labor Laws: How to Stay Compliant
The fifth-largest economy in the world, California has long been at the forefront of minimum wage changes. As we close in on , new laws will soon be in effect across the country. In California, that means several minimum wage updates at the city level. The fifth-largest economy in the world , California has long been at the forefront of minimum wage changes.
latest litigation trends, court decisions, & issues on California Employment Law. On the date of the initial publication of this article, the Labor Commissioner’s.
A reader asked an excellent question. She wanted to know how Human Resources practitioners kept up-to-date on Federal and state policy issues that affect Human Resources. Laws and policies are ever-changing and they vary from state to state and in various world-wide countries. The variation is even greater if you serve an international team because you have employees in more than one country. She asked if a database or some other resource existed that will help HR practitioners keep track of state, Federal, and international HR-related policies?
Lacking a single source to recommend for keeping up-to-date with the US and worldwide employment laws and regulations, most HR managers have cobbled together a number of ways to keep track of changing laws and policies. Most people who work in HR have created a similar list. It’s not the best, but it does help keep HR managers up-to-date on the laws and regulations. This is increasingly important in this litigious world in the US.
Worldwide is perhaps better but you still want to follow the law.
Uber and Lyft’s California labor law battle is far from over
It is not surprising that sparks may fly in the workplace, considering that most Americans spend more time at work than they do anywhere else. Generally speaking, nothing in the law prohibits employers from allowing employees to have romantic relationships with their co-workers. As a practical matter, however, allowing romantic relationships at work invites the risk of having an unproductive workplace and exposes employers to significant liability.
What Makes California Employment Law Different and How to Deal With It however, allowing romantic relationships at work invites the risk of having an policies, non-retaliation policies, and training are all up to date.
Employers have a legal obligation to pay the wages that their employees earn. They also have an obligation to pay those wages on time. California law protects employees who experience late or unpaid wages. This article explains what the obligations of California employers, as well as the solutions employees have when wages are not paid or are paid later than the law requires.
California law defines a wage as payment for labor performed by an employee. All forms of compensation for work are wages , including:. The term wages also includes benefits that an employee receives as a part of his or her compensation, including money, room, board, clothing, vacation pay, and sick pay. The Right to Wage Payments Generally. Every person employed in California is entitled to be paid wages they have earned.
In fact, the California legislature has declared it to be state policy that the right to be paid wages for work applies to all workers, regardless of their immigration status.
State Minimum Wage Laws
Forbes magazine reports results from a recent survey finding that four out of 10 employees have dated someone at work; 17 percent have done it twice. But what about those workplace policies banning fraternization or interoffice relationships? Are they legal?
As always in California, employers must stay informed of local laws affecting While AB 5 has applied to California’s Labor and Unemployment with these summarized laws in anticipation of the July 1, effective date.
Contributed by Sara Zorich , August 25, On August 19, , U. To be valid, the Notice of Action must have a notice date on or after December 1, through and including August 20, By December 1, , employers must reverify employees who presented a valid Form I, Notice of Action. Those employees can either provide a List A document or a different List C document for the reverification process. Immigration and Customs Enforcement ICE announced an extension to the flexibility policy for employers and workplaces that are operating remotely which we previously reported on this past March.
The extension of the policy is valid through September Contributed by Sara Zorich , August 18, This new reporting obligation begins on July 1, for the period from January 1, to December 31, The filing deadline for this disclosure period is October 31, This reporting requirement is applicable to any employer that employs one or more employees in Illinois; however, only employers who actually had an adverse judgment or administrative ruling during the reporting period will need to file a reporting form.
Sexual Harassment Training Requirements by State
Members may download one copy of our sample forms and templates for your personal use within your organization. Neither members nor non-members may reproduce such samples in any other way e. Although this policy does not prevent the development of friendships or romantic relationships between co-workers, it does establish boundaries as to how relationships are conducted during working hours and within the working environment. Individuals in supervisory or managerial roles and those with authority over others’ terms and conditions of employment are subject to more stringent requirements under this policy due to their status as role models, their access to sensitive information, and their ability to affect the employment of individuals in subordinate positions.
This policy does not preclude or interfere with the rights of employees protected by the National Labor Relations Act or any other applicable statute concerning the employment relationship. You may be trying to access this site from a secured browser on the server.
For more information: days after the hire date or within hours worked if the employee will work for less by the California Labor Code) to perform services for clients, the training must be.
By: Aaron Rothrock. Here are four things every employer with employees in California should know. California law requires employers to give written notice of a change in relationship to any employee who is discharged, laid off, given a leave of absence, or whose status changes from employee to independent contractor. No written notice is required if the employee quits, is promoted or demoted, if work stops due to a trade dispute, or if there is a change in work assignment or location.
Although it is not required under California law, federal law provides that in some situations, including larger reductions in overall workforce, the employer must provide a written notice of the change. California has explicit requirements for what information must be included in any notice of change in relationship. These requirements include: 1 the name of the employer; 2 the name of the employee; 3 the social security number of the employee; 4 whether the action was a discharge, a layoff, a leave of absence, or a change in status from employee to independent contractor; and 5 the date of the action.
Notably, there is no requirement that the notice specify whether a discharge was with or without cause. Although California law does not specify a particular service method for the notice, the safest practice is to physically provide a copy to the employee at the time of the employment action. If this is impractical, or if mail is the preferred service method, the notice should be sent to the employee no later than the effective date of the change in employment status.
Each of the Firm’s offices include partners, associates and a professional staff dedicated to meeting the challenge of providing the firm’s clients with extraordinary service. Put it in writing. Include the required information. Provide a copy of the notice immediately.
California – Wage Payment Laws
As always in California, employers must stay informed of local laws affecting minimum wage requirements. Below is a list of local minimum wage increases throughout California taking effect on July 1, California employers are reminded that effective January 1, , the state minimum wage requirement will increase again. Employers are encouraged to keep abreast of the changing minimum wage laws and their effective dates as some jurisdictions are choosing to delay minimum wage increases due to the economic burdens imposed by COVID California Paid Family Leave PFL , which provides partial wage replacement benefits to employees who need to take time off from work to care for a seriously ill family member or to bond with a new child, will be extended from six weeks to eight weeks for claims that start on or after July 1, , under SB
labor law hit high tide in the s, with the National Labor Relations Act and To keep up with the latest peculiarities of California employment law, All awards accrue interest (at the legal rate of 10%) from the date due to.
On August 30, , Gov. Gavin Newsom signed SB , which effectively delayed employer sexual harassment training requirements established in As we have covered in previous articles , in the wake of the MeToo movement, California lawmakers passed legislation intended to curb sexual harassment in the workplace. SB required employers with 5 or more employees, including temporary or seasonable employees, to provide at least 2 hours of sexual harassment training to all supervisors and at least one hour of sexual harassment training to all nonsupervisory employees by January 1, , and once every two years thereafter.
The law specified that an employer who had provided this training to an employee after January 1, was not required to provide sexual harassment training and education by the January 1, deadline. However, as discussed in prior blog entries , this led to confusion among employers who were already providing anti-harassment training to their nonsupervisory employees.