Blog

An increasing number of employees are recording their termination meetings with HR representatives, managers and supervisors and posting them on various social media platforms, including TikTok, Instagram, and Twitter. These videos, commonly called “Watch Me Get Fired” videos, have become a trend among workers in various industries.

Employers must create, implement, and train all employees on their Workplace Violence Prevention Plan (WVPP) by July 1, 2024. While this isn't a small task, our experts are here bringing you peace of mind with the Workplace Violence Prevention Plan Do It Yourself Package. Join our subject matter experts on Thursday, May 2 for a live webinar to review the new Workplace Violence Prevention Plan (WVPP) requirements and receive practical guidance on how you can create, implement, and maintain your WVPP. 

In the 2024 case, Huerta v. CSI Electrical Contractors Inc., the employer had a long process before employees could start their workday. As you may have guessed, the issue in this lawsuit was that employees did not get paid for their time spent waiting before they could clock in at their worksite.

Employers must implement and train employees on their Workplace Violence Prevention Plan (WVPP) by the July 1, 2024 deadline. To help employers meet this deadline, CEA has created a unique training opportunity on May 2, 2024, when our subject matter experts will go over the new WVPP requirements and provide practical guidance to create, implement, and maintain your WVPP.

Are you having trouble finding good talent? Looking in the same old places likely won't help. At a time when labor shortages are causing problems for many industries, one recruiting technique that is gaining more acceptance and success is called a Second Chance hiring campaign. April has even been proclaimed as "Second Chance Month." So, what is Second Chance hiring? 

As we discussed in last week’s blog, the NLRA affords several protections to all employees including openly discussing wages, terms and conditions of employment, and more. General Counsel, Jennifer Abruzzo has stated that the Board intends to expand employee rights and Union access in all aspects of its jurisdiction. Some examples are provided below, along with a checklist that both Union shop and non-Union employers can use to protect themselves from liability under the Act.

READ MORE

Unions and union organizing have been around a lot longer than most of us. Indeed, California Employers Association got its start back in 1937 due to unionization efforts in San Francisco. Employers saw employees getting support and created CEA for their own support system! 87 years later, CEA continues to provide employers with Peace of Mind when it comes to employment and labor law issues. 

As a reminder, fast food chains must implement the new minimum wage of $20/hour, effective April 1, 2024. The Department of Industrial Relations provided much-needed clarification to some unanswered questions in the law, in their Frequently Asked Questions updated March 2024. 

On July 10, 2023, California adopted Senate Bill (SB) 131 to update requirements for employers to notify their employees that they may be eligible for the earned income tax credit (EITC). Employers must comply with these new notification requirements beginning Jan. 1, 2024.

March is Women's History Month and CEA joins the Library of Congress, National Archives and Records Administration, National Endowment for the Humanities, National Gallery of Art, National Park Service, Smithsonian Institution, and United States Holocaust Memorial Museum in commemorating and encouraging the study, observance and celebration of the vital role of women in American history.

It may surprise many California employers to learn there is an exception to minimum wage, overtime, and meal/rest requirements for certain salespeople. Yes, you read that correctly. While this may seem upside down, for those properly classified as an outside salesperson, the employer doesn’t have to worry about minimum wage and other requirements. Instead, the employee just earns their commission per your agreement. However, it is important to proceed with caution, because this is a very narrow exemption. Moreover, there is a separate category for inside sales subject to their own rules.

Unlimited Paid-Time-Off Programs have gained popularity amongst many employers, but is unlimited PTO really the way to go? Some things are too good to be true and Unlimited PTO plans for businesses in California may fall into this category. There are a number of reasons California employers are cautioned against these plans, ranging from employee satisfaction to compliance.

As many California businesses are now aware, almost all employers will be required to maintain a written Workplace Violence Prevention Plan (WVPP) starting July 1, 2024. Employers still have many questions about how they should execute their WVPP because, as of yet, Cal/OSHA has not published a sample template for general industry employers. 

A well-written job description is key in the staffing process. It aids in identifying candidates who are qualified to perform the essential functions of the position and who have the education and experience required.

Ghosting also occurs in the workplace when the company has not heard from an employee in a while. Whether the employee has decided to leave the workplace or perhaps they are dealing with a personal issue, employers are often unsure of how to handle this tricky situation. When an employee ghosts you, when can you process a separation from employment, and how to get the employee their final check?  

On January 9, 2024, the California Department of Public Health (CDPH) significantly relaxed the rules on COVID exclusion periods, moving away from the 5-day isolation requirement after someone tests positive.

Most COVID-19 workplace rules are found in Cal/OSHA’s Permanent COVID Standard, which went into effect on February 3, 2023, and will remain in effect until February 3, 2025, with record-keeping obligations lasting until February 3, 2026.

Your hourly workers just got an increase, but what about your salaried managers? The minimum wage for non-exempt employees increased to $16.00 per hour for all employers, regardless of size, starting January 1, 2024. When employers are paying overtime at time and a half, this results in $24.00 per hour.  This minimum wage increase also impacts white-collar salaried employees. 

Do I have to pay my employee to run to the bank or pick up coffee for the office break room? Yes, you do!  And while you may know that California’s minimum wage increased on January 1 this year, did you know that the standard mileage rate to reimburse employees for business travel also increased?

Most of us have encountered difficult personalities in the workplace. When the behavior rises to the level of bullying this often presents a major challenge for managers as they navigate the best approach. One problem is that workplace bullies are often more sophisticated than your average schoolyard bully.

The National Labor Relations Board (NLRB or Board), in the Stericycle decision, recently changed the way it will evaluate reasonable workplace rules under the National Labor Relations Act (NLRA or Act). The Board found that prior analysis was “problematic because it permitted employers to adopt overbroad work rules that chill employees’ exercise of their rights under Section 7 (the right to discuss wage and other terms and conditions of employment) of the Act.” The NLRB was concerned that employers were not required “to narrowly tailor their rules to further their business interests without unnecessarily burdening employee rights.” This decision applies to all private sector employers, whether unionized or not, and is retroactive.

Question: I know that as of January 1, 2024, I have to provide a full week of mandatory sick leave each year for my employees. Should I go with the lump sum plan or the accrual method?

A total rewards statement (TRS) is a comprehensive listing of the rewards provided, including monetary values, to holistically capture the total investment a company is making in its employees. They should be individualized to each employee's benefit enrollment, salary & bonus structure, and ideally include a letter or another positive acknowledgment of the employee's efforts to further the company's objectives.

Inevitably, at each year’s end, businesses must prepare for increasing minimum wage and salary requirements taking effect on January 1, 2024. Now is the time for due diligence to avoid any surprises.

We are in the last month of the year, and CEA advisors are receiving an increase in calls with questions regarding holiday, vacation, and sick time pay. In some cases, our members are making sure their current policies comply with state law, while others are looking ahead and planning changes to their policies for 2024. Here are a few things to keep in mind as time off requests begin to trickle in.

Holidays such as Thanksgiving, Hanukkah, Christmas, Kwanza, and New Year’s bring to mind thoughts of family, friends, fun and food. However, each year, millions of Americans struggle to maintain their mental health as well as their waistlines during the holidays while managing work, family obligations, budgets, and tempting holiday treats.

While the end of the year is full of excitement with holidays, at CEA this time of year buzzes with “labor law update excitement,” as new bills and rules flood in for California employers. 2024 brings some big changes for California employers, with paid sick leave taking the cake! Read on for some highlights and don’t forget to register for our 2024 Labor Law Update, where we will cover everything for you in much more detail!

Employers—it is time to pull out your handbooks and get ready for some major revisions to two leave laws for 2024: paid sick leave and bereavement leave. California employers must prepare for the mandatory paid sick leave increase to a full week, as well as a brand new bereavement leave for reproductive loss events. Keep reading below for key insights!

Over the past weekend, I had the incredible opportunity to experience Taylor Swift's Eras Tour movie not once, but twice! I shared this unforgettable experience over two days with distinct groups of friends, spanning three generations of professionals, business owners, and leaders, whose ages ranged from 40 - 65 (although when we left we all felt 22). For all of us, the collective sentiment was unanimous—this was undeniably the most outstanding concert we had ever witnessed, leaving us with only one regret: that we didn't have the chance to attend it in person. During our post-movie discussion, as we basked in the "Lavender Haze," we couldn't help but marvel at Taylor Swift's remarkable talents as both a businesswoman and a leader.