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. Under the letter of the current law, some of these employees would have to participate in the training twice in a 2-year period, at cost to the employer and providing little additional benefit to the employee. SB serves to clarify such issues, and provides additional cushion for employers to comply with the requirements of SB Below are the key effects of SB
Can A California Employer Fire Someone For Having A Workplace Romance?
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. In the meantime, employers still must stay ahead of increases to minimum wage in California cities.
California employers seeking to reduce labor costs often consider layoffs, including the date of the furlough, insofar as the Division of Labor Standards Many new laws provide paid time off for COVID related reasons.
As the end of summer is nearing, and there is no clear date for businesses and activities to fully reopen across the United States and California, more and more attention has been given to what protections businesses have from COVID related lawsuits. Many businesses find it a necessity to reopen during this time of uncertainty in order to simply avoid going out of business — they must do something to pay their rent, insurance, and other financial obligations.
With the press of reopening, businesses are rightfully concerned that they will be named a defendant by an employee or a customer who contracts COVID and claims that the virus was contracted while working at or visiting the business establishment. Here are five issues California businesses must understand regarding the legislative environment of COVID liability, and the potential to have employees or customers waive liability related to contracting COVID However, as of August , there has been no agreement between Republicans and Democrats on this issue, and it remains a contentious issue in the ongoing negotiations for further relief bills.
In direct opposition to proposals on the federal level to protect employers, California has implemented and is looking to continue presumptions that an employee contracted COVID at work if they are infected. We previously wrote about this Executive Order here. These liability release agreements can include provisions whereby a party covenants not to sue, acknowledges an assumption of risk, and provides for indemnification against the company should litigation ensue.
While these liability waivers are enforceable in the commercial setting such as customers coming into a restaurant or retail location , in the employment context their enforceability may be more limited. California law places many limits on claims employees can prospectively release, and therefore employers considering such waivers of liability with employees should use caution and seek legal advice before doing so.
For example, California law is clear that workers compensation claims cannot be released as a matter of law.
California Local Minimum Wage Increases and Other Laws Set to Take Effect on July 1, 2020
There is no single law protecting the rights of employees while they are off work. Instead, other areas of the law, such as discrimination, drug testing, and harassment laws, protect an employee’s off-duty conduct. Therefore, each different off-duty conduct issue must be looked at carefully.
California Workplace Law Blog, a publication by Jackson Lewis PC provides insights & commentary on employment law in California. sick leave that may be available to the employee under California Labor Code Section , including those laid off between February 25, , and the effective date of the ordinance.
Federal government websites often end in. The site is secure. Use the legend on the left to highlight different minimum wage categories, and click on any state to learn about applicable minimum wage laws. Under a voluntary flexible work hour plan approved by the Alaska Department of Labor, a 10 hour day, 40 hour workweek may be instituted with premium pay after 10 hours a day. The premium overtime pay requirement on either a daily or weekly basis is not applicable to employers of fewer than 4 employees.
From through , the minimum wage will increase annually on a set schedule and will be adjusted annually thereafter based upon a set formula. Any work in excess of eight hours in one workday, in excess of 40 hours in one workweek, or in the first eight hours worked on the seventh day of work in any one workweek shall be at the rate of one and one-half times the regular rate of pay.
Any work in excess of 12 hours in one day or in excess of eight hours on any seventh day of a workweek shall be paid no less than twice the regular rate of pay. California Labor Code section Exceptions apply to an employee working pursuant to an alternative workweek adopted pursuant to applicable Labor Code sections and for time spent commuting.
See Labor Code section for exceptions. Minimum wage rate and overtime provisions applicable to retail and service, commercial support service, food and beverage, and health and medical industries.
Summary of Key New California Laws for 2020 (and Beyond): What Employers Should Know
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?
California may be the most protective state when it comes to employee rights, that meet the requirements above, and notify employees of the time, date, and.
Judge Dolly M. Gee of Federal District Court in Los Angeles said that the companies had proved they could suffer a degree of irreparable harm because of the law, which took effect Jan. The page decision is a blow to employers in the so-called gig economy. Uber and Postmates had sought an injunction against the law while their suit proceeds, saying the new rules will make it harder for them to classify their workers as independent contractors rather than employees.
Judge Gee did not rule on the merits of the case, and her decision does not stop the lawsuit, which was filed at the end of against the State of California. Postmates said in a statement that it looked forward to pursuing the case on its merits. It added that it was considering all legal options, including an appeal. The lawsuit argues that the law violates the United States Constitution and unfairly singles out app-based technology platforms.
Companies that violate the law face potential criminal penalties, but to date no enforcement action has taken place. Investors are watching the California dispute closely, as companies subject to the law would be required to provide higher pay and other benefits, such as medical insurance — very likely upending the gig economy business model. The app-based companies argue that the legislation compromises the flexibility prized by their work force and that fewer workers would be hired if they were considered employees.
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Labor and Employment Law Overview: California
COVID19 pandemic has modified many of the current regulations. Reminder: CRA Members receive 15 minutes of free legal advice per month. To set up a call with one of our legal partners, please call Because minors are a vital employment resource for the hospitality industry, employers should familiarize themselves with the various state and federal rules affecting the employment of minors.
Minor’s Information. Minor’s Name (First and Last). Home Phone. Birth Date In compliance with California labor laws, this employee is covered by worker’s.
Article 4. Applicability of Order. This order shall apply to all persons employed in professional, technical, clerical, mechanical, and similar occupations whether paid on a time, piece rate, commission, or other basis, except that:. A Provisions of Sections 3 through 12 shall not apply to persons employed in administrative, executive, or professional capacities. A person employed in an executive capacity means any employee:. The activities constituting exempt work and non-exempt work shall be construed in the same manner as such items are construed in the following regulations under the Fair Labor Standards Act effective as of the date of this order: 29 C.
Early 2020 Minimum Wage Rates for California Cities
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? And can you be subject to disciplinary action or even termination if your employer find about about your relationship?
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.
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. First, California is unique because its constitution includes the right to freedom of association. Second, employers cannot regulate the personal relationships of their nonmanagement employees.
Instead, employers should focus on regulating conduct.
Important Considerations in Implementing Workforce Furloughs
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.
Objective[Company Name] strongly believes that a work environment where employees maintain clear boundaries between employee personal and business.
Last week, on August 30, , Governor Newsom signed SB which delayed the deadline for some employers to train employees about sexual harassment in the workplace. Here are five items employers must understand about how SB impacts the obligation to provide sexual harassment training to employees:. SB , passed in , requires that an employer with five or more employees must provide two hours of training regarding sexual harassment to all supervisory employees and at least one hour of training to all nonsupervisory employees.
Until SB was signed into law changing the deadline, California employers had until January 1, to conduct all required sexual harassment prevention training mandated under SB SB extends the compliance deadline to train all employees by one year to January 1, SB does not change the timing requirements for sexual harassment training for supervisors for employers with 50 or more employees.
Employers with 50 or more employees must provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees who are employed as of July 1, , and to all new supervisory employees within six months of assuming a supervisory position.