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The Heat is On! Protect Your Workers from Heat Illness

Posted by: Gail Cecchettini Whaley, J.D. on Wednesday, June 12, 2019
thermometer reading over 100 degrees with sun in background

Yes, we did have a lot of rain this year, but now the heat has arrived with full force! The National Weather Service has issued excessive heat warnings up and down the state – from San Bernardino County to Fresno, Sacramento and the Bay Area. 

 

Putting Prevention in Your IIPP

Posted by: Gail Cecchettini Whaley, J.D. on Wednesday, June 5, 2019
Two workers with hard hats and reflective jackets

Did you know that all California employers are required to have a basic workplace safety program known as an Injury and Illness Prevention Program (IIPP)?

Title 8 of the California Code of Regulations section 3203 requires every California employer to develop, implement and maintain an effective IIPP.

An effective IIPP improves workplace safety and health, morale, and productivity and reduces costs by good management and employee involvement.

EEO-1 Reports Are Due May 31st!

Posted by: CEA on Wednesday, May 29, 2019

Federal law requires all private employers with 100 or more employees to file the federal EEO-1 report annually, as well as certain federal contractors with 50 or more employees. The EEO-1 Report is a compliance survey mandated by federal statute and regulations. The survey requires company employment data to be categorized by race/ethnicity, gender and job category.  Information is used to support civil rights enforcement and analyze employment patterns, such as representation of women and minorities in certain industries or regions.

Handling Mental Health Issues at Work

Posted by: CEA on Wednesday, May 22, 2019
Image of a head with words written: stress, panic, depression, etc.

May is Mental Health Awareness Month.  One in five adults (43.8 million people) will experience a mental illness in any given year. The consequences of living with a mental illness or substance use disorder affect all areas of a person’s life, including work. Serious mental illness can also impact an employer’s bottom line and costs America $193.2 billion in lost earnings per year.

What’s an X on a Drivers License?

Posted by: Gail Cecchettini Whaley, J.D. on Tuesday, May 14, 2019
California Divers License Example

Did you know that starting January 1, 2019, California began allowing an individual applying for an original or renewal drivers’ license or identification card to self-identify as male (M), female (F) or non-binary (X)?  Applicants in California can now self-certify their chosen gender category and do not need any type of documentation from a physician regarding gender or gender identity.

The ABCs of CBD for Employers

Posted by: CEA on Wednesday, May 8, 2019
Guy sitting at a desk with a laptop and coffee

An increasingly common series of questions employers have been asking of late relate to their employees’ use of CBD. Will use of CBD products impair employees? If an employee or applicant tests positive on a drug test and blames seemingly innocuous use of CBD, what should we do? Should it be permissible to allow use of CBD products in a zero-tolerance workplace?

The #1 Way Employers Get in Trouble? Retaliation

Posted by: Gail Cecchettini Whaley, J.D. on Wednesday, May 1, 2019
Illustration of man falling into a hole

It may surprise you to learn that the number one type of federal employment claim is not harassment, it’s retaliation.  That’s right – year over year, the majority of all claims filed with the Equal Employment Opportunity Commission are for retaliation.  

CEA Provides Free Harassment Prevention Training

Posted by: Gail Cecchettini Whaley, J.D. on Wednesday, April 24, 2019
A group of people laughing at a woman

SB 1343, requires that all employers of 5 or more persons provide 1 hour of sexual harassment and abusive conduct prevention training to non-managerial employees and 2 hours of sexual harassment and abusive conduct prevention training to managerial employees by January 1, 2020. 

CEA Presents: Guide to California’s Equal Pay Laws

Posted by: Gail Cecchettini Whaley, J.D. on Tuesday, April 16, 2019

For decades now, the California Equal Pay Act has prohibited an employer from paying its employees less than employees of the opposite sex for equal work. In 2016, the California Fair Pay Act was enacted to strengthen the Equal Pay Act. 

Tilly’s Employees Don’t Have to Report to Work to Receive “Reporting Time Pay”

Posted by: Gail Cecchettini Whaley, J.D. on Thursday, April 11, 2019
Clock next to coin stacks of money

A pivotal California decision on the issue of “reporting time pay, has expanded the definition of “time worked” here in California. In Ward v. Tilly’s, a divided California appellate court recently held that “reporting time pay” is owed to employees who have to call-in two hours in advance to see if they are on the schedule (and then are told not to come in to work).

Don’t Want to Work for a Woman? Okay, Just Pay her $7 million Dollars

Posted by: Gail Cecchettini Whaley, J.D. on Thursday, April 4, 2019
Man and Woman on a path

Unlike the classic Bob Dylan song, “The Times They Are [not] A-Changin’.” Gender stereotypes are still out there and don’t appear to be leaving the workplace anytime soon.

Top 5 Reasons to Have an Employee Handbook

Posted by: Kim Gusman, President & CEO on Thursday, March 28, 2019
employee handbook

A well-written employee handbook often acts like a sword and a shield for your company. Protecting you when you need it and allowing you to sever bad employment relationships quickly.

Free Form I-9 Webinar for All Employers

Posted by: Kim Gusman, President/CEO on Wednesday, March 20, 2019
Citizenship immigration building sign

Avoid costly mistakes and make sure you are complying with California requirements. You never know if your business will be hit with an ICE inspection! 

No April Fools’ Joke Here: Mandatory April 1 Poster Update; Free Download Available

Posted by: Gail Cecchettini Whaley, Esq. on Tuesday, March 19, 2019
mom kissing baby

The California Fair Employment and Housing Council recently finalized new regulations that will change one of the mandatory California notices that must be posted in the workplace effective April 1.  

Good Meal Break Policies Keep Companies From Being Devoured

Posted by: Gail Cecchettini Whaley, Esq. on Thursday, March 14, 2019
Sandwich beside laptop

If your company doesn’t have a strong meal and rest break policy, it may get eaten alive! Ever since the pivotal Brinker court decision in 2012, California law has been clear, but let’s review it again.

The Equal Opportunity Jerk is a Recipe for Disaster

Posted by: Gail Cecchettini Whaley, Esq. on Wednesday, March 6, 2019
two men arguing

Companies defending against claims of harassment or discrimination might sometimes use the "equal opportunity jerk" defense. If this is the best defense your organization has, be careful! Not only is this a weak defense, but it can and will get your company in hot water.

More Questions Off-Limits in a Job Interview!

Posted by: Gail Cecchettini Whaley, Esq. on Thursday, February 28, 2019
Candidate interviewing with group

California has expanded its list of banned interview questions. Whether you conduct your own interviews or rely on a recruiter, be sure to steer clear from these six topics.

Tragic Act of Workplace Violence Puts Spotlight on Safety

Posted by: Gail Cecchettini Whaley, Esq. on Thursday, February 21, 2019
Safety management strategy

If you have been paying attention to national news recently, you likely have heard of the tragic shooting at the Henry Pratt Company in Illinois.

Employers on the Hook for Payroll Errors, Not Payroll Companies

Posted by: Gail Cecchettini Whaley, Esq. on Thursday, February 14, 2019
Paystub with money

The California Supreme Court recently held that payroll providers aren’t on the hook for paycheck errors and wage and hour violations. Instead, the employer alone is liable for wage and other pay violations

What Employees Think About Office Sweethearts and Hookups

Posted by: Gail Cecchettini Whaley, Esq. on Thursday, February 7, 2019
office couple holding hands

More than 1 in 4 workers indicated that due to recent high profile allegations of sexual harassment, office romances are not acceptable. Although opinions might be changing, 52% of survey respondents admitted to having had at least one office romance.

Get Me Off this Merry-Go-Round! OSHA (Again) Revises Electronic Injury and Illness Recordkeeping Rules; Posting Deadline Remains

Tags: OSHA
Posted by: Gail Cecchettini Whaley, Esq. on Thursday, January 31, 2019
OSHA logo

The federal Occupational Safety and Health Administration (OSHA) recently published a Final Rule to amend its workplace injury and illness recordkeeping regulation. 

One Way or Another, You Will Pay: $1.7 Million to Restaurant Workers

Posted by: Gail Cecchettini Whaley, Esq. on Wednesday, January 23, 2019
Man in suit stealing money

The California Labor Commissioner’s Office secured $1.7 million in assets from the owners of a Bay Area restaurant chain, Mango Garden, to pay 56 workers who were victims of “wage theft.”

Winery Gets Crushed for $11 Million in Harassment Case

Posted by: Gail Cecchettini Whaley, Esq. on Wednesday, January 16, 2019
Winery grapes

Large sexual harassment awards are not going away anytime soon, as demonstrated by a recent verdict out of Los Angeles. A jury awarded over $11 million dollars to two winery employees.

Here's the 411 on the Government Shutdown

Posted by: Gail Cecchettini Whaley, Esq. on Thursday, January 10, 2019
government building

As the government shutdown continues due to disagreements between Congress and the Trump Administration, several services are impacted and may affect workplace employment-related issues. Read on to see what’s impacted and what's not.

Don't Shoot Yourself in the Foot!

Posted by: Scott Kidd, Director of Labor Relations on Thursday, January 3, 2019

Have you ever encountered a problem and found that a previous action has now set a precedent for your future action? In plain language, “you probably just shot yourself in the foot!”

Labor Law Poster Updates for 2019

Tags: Labor Laws
Posted by: Gail Cecchettini Whaley, Esq. on Wednesday, December 26, 2018
2019 labor law postings

In California, all employers have workplace posting obligations. Between the state and federal requirements, California employers must post a total of 18 state and federal employment law notices.

California?s Minimum Wage Increases on Jan. 1

Posted by: Gail Cecchettini Whaley, Esq. on Wednesday, December 19, 2018
raining money

The Department of Industrial Relations has issued a notice reminding employers of the upcoming minimum wage increases. Under legislation to increase the minimum wage to $15 per hour over time, California’s minimum wage will increase on January 1 to $12 per hour for employers with 26 employees or more and to $11 per hour for employers with 25 or fewer employees.

IRS Mileage Rate Increase for 2019 ? Highest Rate in 10 Years

Posted by: Gail Cecchettini Whaley, Esq. on Monday, December 17, 2018
Driving in Car

The IRS has issued the 2019 optional standard mileage rate, with a significant increase for the new year. The optional standard mileage rate is used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.

New Year, New Deadline: New Harassment Prevention Training Requirements in 2019

Posted by: Gail Cecchettini Whaley, Esq. on Wednesday, December 12, 2018

A new law for next year, SB 1343, requires that all employers of 5 or more employees provide 1 hour of harassment and abusive conduct prevention training to non-managerial employees and 2 hours of harassment and abusive conduct prevention training to managerial employees by January 1, 2020.

Use Your Small Business' Big Voice

Posted by: Small Business California on Thursday, December 6, 2018
Small Business Survey

Small Business California (SB-CA) has announced their annual survey is now open to small business owners throughout the state. This survey is used to develop an action plan addressing concerns that were brought up to build a stronger small business community.


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