Archive | May, 2015

California Laws Important This Summer of 2015

10 May

California continues to lead the way in expanding the rights of employees and obligations of employers in the workplace in many areas. This should come as no surprise to employers and HR since the California Fair Employment and Housing Act (FEHA) extends protections to almost 20 protected classes and California provides employees with more than one dozen types of leave.
Here are areas that California employers everywhere should take note of as summer 2015 approaches:
1. Paid Sick Leave
Cities around the nation have been active in enacting paid sick leave measures but so far, only three states, including California, have passed paid sick leave laws. Under the Healthy Workplaces, Healthy Families Act of 2014, covered California employers must provide paid sick leave to any employee working in California for 30 days at an accrual rate of one hour for every 30 hours worked.
The law takes effect on July 1, 2015, and it is critical that all California employers be aware of its stringent recordkeeping, notice and posting requirements and update their employee handbooks and paid time off policies accordingly.
2. Abusive Conduct
Awareness of workplace bullying is on the rise, yet no state has enacted a law specifically addressing abusive conduct in the workplace. However, under a new California law that took effect on January 1, 2015, covered California employers required to provide sexual harassment training to supervisors are now also required to include specific harassment training on abusive conduct.
Abusive conduct is conduct that “a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests.” It may include “repeated infliction of verbal abuse… verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance.” The law does not create a private cause of action for abusive conduct, but it does require employers to revisit and revise their sexual harassment training to add an abusive conduct component. Don Dressler Consulting provides this training at your location for your supervisors and managers, as well as all employees, if requested.
3. Heat Illness
If you have any employees working out of doors, including truck or other vehicle drivers operating non-air-conditioned vehicles, the company must have a written heat illness prevention plan detailing how it provides training about heat illness, access to plentiful cool drinking water, cooling off periods for employees showing signs of heat illness, and emergency plans when illness occurs. Heat conditions can be a problem at any temperature, but specific rules apply at 80 degrees Fahrenheit, and more stringent high heat rules apply at 95 degrees Fahrenheit.
4. Increased Protections for Immigrant Workers
With the US population becoming more diverse and immigrants entering the workforce at rapid rates, California has passed several measures in 2015 specifically providing increased protections for immigrants and foreign workers, including new laws:
• Prohibiting employers from reporting, or threatening to report, a worker’s (or the worker’s family member’s) immigration status or suspected immigration status to a government official because the worker exercised a right under the California Labor Code;
• Expanding the definition of an unfair immigration-related practice to include threatening to file or filing a false report or complaint with any state or federal agency;
• Prohibiting employers from discriminating, retaliating or taking adverse action against employees based on a lawful change of name, social security number, or federal employment authorization document;
• Making it a violation of FEHA for an employer to require an individual to present a driver’s license, unless a driver’s license is required by law; and
• Amending FEHA to specify that “national origin” discrimination includes discrimination on the basis of possessing a driver’s license issued by the state to undocumented persons who can submit satisfactory proof of identity and California residency.
To keep up to date with California law and to ensure you are in compliance, ask to be added to our The Bottom Line e-newsletter, produced by Don Dressler Consulting and CalWorkSafety.com.
You can sign up by sending us an email or going to our website at http://www.dondressler.com

Advertisements