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With social media constantly showcasing examples of questionable behavior, and tensions lingering after the recent election, the push for civility is gaining momentum in workplaces across all industries.

The recent PAGA reform marks impactful changes to how wage and hour lawsuits will be litigated going forward. There are now new opportunities for employers to reduce their penalties if hit with a PAGA lawsuit, by demonstrating they took reasonable steps to comply with wage and hour laws.

As Election Day races toward us like a caffeinated squirrel, California employers must brush up on the state voting leave law. Yes, folks, your employees can take time off to vote, and they don’t even need to bring back a souvenir! Here’s the lowdown, straight from California Election Code section 14000:

In today’s competitive business environment, attracting and retaining top talent requires more than just offering a competitive salary. Companies need to have a clear, structured approach to compensation that aligns with their overall business goals. This is where the concepts of compensation philosophy and compensation strategy come into play. Establishing these two elements is essential for driving employee satisfaction, performance, and long-term business success.

A treat for those employees who will receive a minimum wage increase, but a spooky surprise for healthcare employers who had hoped this increase would wait until 2025. Senate Bill 525, enacted a year ago, is finally taking effect this month. On October 16, 2024, employees in the healthcare industry will have an increase in their minimum wage. All future increases will occur on July 1.

Each year, the National Council of Hispanic Employment Program Managers votes on a theme. The winning theme for 2024's Hispanic Heritage Month is Pioneers of Change: Shaping the Future Together. We can see from the statistics above how fitting this theme is, as the growing influence, achievements, and contributions of Hispanic Americans across all industries are shaping the landscape of America. We are in the middle of Hispanic Heritage Month. Running mid-September through mid-October, Hispanic Heritage Month has a lot to boast about. 

We may still be in 2024, however, many businesses are now working on next year’s budget, especially with the announcement of 2025 minimum wage and exempt salary increases.

In California, we have become accustomed to high winds and fire danger in the Fall. This year, our so-called “fire season” has started earlier and with great force, especially in Southern California. With four major fires currently raging in our state, some Californians are dusting off their facemasks and using them outdoors to protect themselves from the poor air quality. Poor air quality, evacuation orders, and power outages are hitting thousands of people in California and are having a severe impact on individuals and businesses. At CEA, we get many questions about how to handle issues relating to ongoing wildfire threats. 

As a child, I was told that there were three topics you should never discuss at a dinner party: religion, politics, and money. While you may or may not agree with this advice, what’s your opinion about discussing politics in the workplace? With national attention on the upcoming election, California employers need to revisit the dos and don’ts when it comes to politics and understand employee rights and protections.

The CDC estimates that COVID-19 infections are growing or likely growing in 27 states including California, and flu season will soon be upon us so this uptick trend is likely to continue.

As a reminder, July 1, 2024 was the deadline for virtually all California employers to have a written Workplace Violence Prevention Plan (WVPP) and provide initial training to employees on the employer’s plan. If you missed the deadline, does that mean you should throw your hands up in the air and give up? Of course not! However, we recommend that you begin working to get in compliance as soon as possible. Below are some important reminders regarding the employee training requirements. Get some time scheduled on your calendar now!

Managers must often navigate through muddy attendance waters and be careful not to take action against an employee based on a legally protected leave. One common mistake managers make is lumping all absences together and using that as a reason to discipline an employee for “poor attendance,” without taking each absence on a case-by-case basis to determine protected status.

Does anyone remember that classic I Love Lucy episode where Lucy drinks Vitameatavegamin for a television commercial, and after many takes with the alcoholic elixer, says in a slurred voice, “It’s awful hot in here!”? If you need a good laugh today, it’s worth a watch. What’s not so funny is the new Indoor Heat Illness Prevention regulation which Cal/OSHA’s standard board adopted in June. The Office of Administrative Law (OAL) issued a final approval on the Indoor Heat Illness Standard on July 20, 2024, which took effect on July 23, 2024.

In many areas, this summer has broken temperature records, creating raging fires in California, and hurricanes in other parts of the nation. From an HR compliance perspective, there are employee rights that California businesses should consider, as well as options to assist employees when a natural disaster impacts your staff.

We have all experienced that “too little, too late” feeling. For some of us, it may have been a small thing and for others, a major event in our lives. When we lose great employees we tend to feel this way and reflect about what more we could have done. According to a Gallup survey, 52% of exiting employees say that their manager or organization could have done something to prevent them from leaving their jobs. Employees report the biggest change managers can make is to increase the frequency of meaningful conversations they have with them.

July sure brought the heat. Along with Independence Day, it also marked many new compliance deadlines for California employers. You’ve likely heard about the brand new Workplace Violence Prevention Plan requirements and the new Indoor Heat Illness rules, but did you hear about the local minimum wage increases that took effect on July 1, 2024?

Several jurisdictions throughout the state have implemented mid-year minimum wage increases, beyond the State’s required rate ($16/hour), which was last updated on January 1, 2024. Take a peek below to make sure you are in compliance.

Ever since Cal/OSHA’s Standard Board adopted a new Indoor Heat Illness Prevention regulation (8 C.C.R. section 3396) on June 20, California employers have been eagerly waiting for more guidance, as well as an effective date. Both of these concerns are now addressed.

Our valued members are the reason that the California Employers Association was founded in 1937! As a thank you for being a member, we dedicate every August to YOU! Yes, we realize it’s only July but now is the time to sign up for next month’s exciting events.

On July 1, 2024, the new “Hidden Fees” or “Junk Fees” law (SB 478) took effect. Put simply by California’s enforcement agency, “the price a Californian sees should be the price they pay.” This law is aimed at businesses like short-term rentals and ticket vendors, but it has broad application to many other businesses.

The deadline is here! As of July 1, 2024, employers are now required to have a Workplace Violence Prevention Plan (SB 553) in place. The plan must include employee feedback and training.

As a reminder, July 1, 2024 marks the deadline for virtually all California employers to have a written Workplace Violence Prevention Plan (WVPP) and provide initial training to employees on the employer’s plan. Fear not—we have resources available to assist you! We have also included some important reminders about the training requirements. With the deadline looming, we recommend getting the WVPP training scheduled as soon as you can!

On June 20, 2024, Cal/OSHA’s Standard Board adopted a new regulation (8 C.C.R. section 3396), creating a mandatory heat illness prevention standard for indoor places of employment that exceed 82 degrees Fahrenheit.

Schools out…for summer! As the weather warms up, people begin thinking more about vacation and in some industries, summer months also result in increased work demands. Many employers are finding themselves trying to balance staffing demands with their employees’ need to take time away to recharge their batteries. Now is a good time to review your employee handbook to see if your policies and procedures around paid time off are clear and easy to understand, by both employees and your management team.

Years ago, a disgruntled ex-employee drove from Southern California to the CEA Main Office in Sacramento, to deliver a manifesto and an oversized conspiracy-style poster board he had created, accusing CEA of destroying his career. This person claimed that he had been wronged in a harassment investigation that CEA had conducted (on behalf of a member); and told our receptionist that he personally wanted to deliver this information to me. Thank goodness I was out of the office that day! We had never experienced a situation like this. It was a good wake-up call and made me rethink what steps CEA should take to keep our employees safe. Unfortunately, similar scenarios are occurring all over the US more frequently and rarely have a good ending.

There is a pervasive myth that having a salaried job, or being an exempt employee, is somehow better or of higher status than being in a job that is paid hourly, or non-exempt. You have probably heard people joke about "graduating" to an exempt position in your organization or in past roles or feeling free from the burden of tracking their hours. However, here’s the myth buster—in some cases, non-exempt employees eligible for overtime can bring home more pay in a year than an exempt employee, depending on other job factors and specific circumstances.

In California, non-exempt (hourly) employees who report to work, but are turned away early are owed a minimum amount of pay, known as reporting time pay. Reporting time pay is confusing for many employers because the rules are a bit nuanced.

For the first time in nearly 25 years, the US Equal Employment Opportunity Commission (EEOC) has published new guidance on workplace harassment, including over 70 examples and new terminology. We recommend that employers and HR professionals familiarize themselves with these new definitions and examples.

Many employees in the healthcare industry have been looking forward to (and employers have been bracing for) minimum wage increases, which were due to take effect in June. However, at the eleventh hour, the Legislature passed SB 828, granting employers an additional month—until October 15, 2024 to comply.

Since the start of 2024, there have been a few mid-year poster updates. For mid-year updates, we recommend printing and conspicuously posting these notices.

Do employees need a right to disconnect from work? The California legislature may think so. AB 2751, an unprecedented bill modeled after European countries, would require employers to define employees’ nonworking hours and prohibit employers from contacting workers during those hours, except for scheduling changes or emergencies.