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There are new cannabis-use rights for California employees on the horizon. On September 18th, Governor Newsom signed AB 2188, which prohibits employers from discriminating against a person based on their off-duty cannabis use. While California employers have long had the option of how to address cannabis issues, they should prepare for the status quo to change on January 1, 2024, when the law takes effect. That’s right, this new law won’t be effective for another 17 months. 

September is a good time to remind ourselves that ongoing learning shouldn’t be limited just to kids—all of us should work on continuing and expanding our own work skill knowledge. Maybe it’s time for an HR refresher now that we are turning our sights, budgets and thoughts to the new year? CEA is here to help you with several great new training programs starting soon!

Governor Newsom signed AB 257 into legislation for 2023. Known as the Fast Food Accountability and Standards Recovery Act ("FAST Recovery Act") is unprecedented legislation, creating a council to set wages, working hours, and other working conditions for fast food restaurant workers at establishments with 100 or more locations across the nation.

If there is one thing all employers have in common it’s that, at one time or another, we have had to deal with the ubiquitous I-9 form. The current I-9 form was last updated in 2019, and is set to expire on October 31, 2022. While the new form has not been presented to the public yet, positive preliminary reports say that the USCIS will attempt to compress sections to reduce paper use, update the list of acceptable documents, and simplify the instructions, along with making the form more easily accessible on a variety of electronic devices. Aside from the upcoming changes to the form itself, there are other USCIS developments in the works, as outlined below.

Last month California declared a state of emergency to combat monkeypox outbreaks. Several cities and counties throughout the state have declared a similar order and it’s all over the news. The CDC has also sounded the alarm, alerting the public of this highly contagious virus that has symptoms similar to but milder than smallpox. Health experts around the world agree that there is minimal risk to the general population, so why has California declared a state of emergency?

We receive so many calls from out-of-State employers asking us, “Where do I start?” when it comes to complying with California’s human resource obligations that we realized it was time to create a product to solve this dilemma. That’s why we created the E.A.S.E. (Essential Assistance for out-of-State Employers) Resource Package for out-of-State employers. This package provides out-of-State employers with the guidance, resources and information needed to get started in California human resources compliance, so they can stay focused on running their businesses.

Transformation is happening around us and to us, every minute of every day. All living things are in a constant state of change, yet human beings often feel stuck, afraid to initiate change that may better our experience, change our circumstances, and manifest what we truly desire. We often don’t allow ourselves to dream, let alone take the first step, toward change. The challenge we face as humans is we get caught up in second-guessing ourselves, giving in to distraction, being fearful, and fizzling out when things get hard. A coach can help as we face these challenges.

Small businesses in California with 1-100 employees with at least one (1) employee who have utilized California’s Paid Family Leave (PFL) program (on or after June 1, 2022) are eligible to apply for grants up to $2,000 to offset the increased costs associated with their employee(s) out on leave. California’s Paid Family Leave program allows California workers to take paid leave to bond with a new child (through birth, adoption, or foster care) or to care for a seriously ill family member. 

This year, the California legislature considered a “four-day workweek bill,” AB 2932, which would have required certain large employers to pay overtime to non-exempt employees who worked more than 32 hours in a workweek, without reducing employees’ regular rate of pay to avoid increased costs. While AB 2932 did not pass this year, as it failed to meet committee deadlines for consideration, employers may see another version of the four-day workweek bill next year.

The infamous Assembly Bill (AB) 5 is now enforceable against motor carriers operating in California. This means California trucking companies are subject to the rigorous “ABC Test” in determining whether their independent owner-operators must be classified as employees. 

If your company requires or encourages employees to work remotely, you have a clear obligation under California law to reimburse them for work-from-home (WFH) business expenses. What is still very muddy is to what extent? Courts are slowly beginning to offer some clarity on this issue. Below we answer five business-expense reimbursement questions for you to consider.

Our valued members are the reason that the California Employers Association was formed back in 1940! To show our appreciation, we celebrate our CEA Members with no-charge events and prizes every August! See what's in store for Member Appreciation Month!

Back in April, OSHA launched a National Emphasis Program (NEP) to protect workers from heat illness and injuries. The NEP focuses on general industry, construction, maritime and agricultural industries, and requires each OSHA region to increase the number of heat inspections they perform by 100% over their past five-year average.

Question: My employee has anxiety. Her doctor recommended that she get an “emotional support” pet. Now my employee is requesting an accommodation to bring her dog into the office. Does the dog need to be certified and trained as an emotional support dog? What is our legal obligation in this matter and does it not fall under California's Fair Employment and Housing Act (FEHA)?

In June of last year, President Joe Biden signed a bill designed to recognize June 19 or “Juneteenth”, as a federal holiday and a day to commemorate the end of slavery in the U.S. Juneteenth is the first new National Holiday since the creation of Martin Luther King, Jr. Day, back in 1983. This year will be the first time many employers will observe the official holiday. Federal government offices will be closed and while it’s not a requirement, many private employers have chosen to add this date to their list of paid holidays.

On June 9^th the IRS announced that, effective July 1, 2022 through December 31, 2022, the standard mileage reimbursement rate will go up to 62.5 cents. Currently, the rate is 58.5 cents—this is an unusual whopping four-cent increase for the remainder of the year! Let's talk about why this matters and next steps.

As you budget for the upcoming months, pay special attention to rising minimum wages and industry standards for pay increases in a tight labor market. Governor Newsom announced that the California minimum wage is projected to increase to $15.50/hour for all businesses, regardless of size, on January 1, 2023. There is a provision in the state’s existing minimum wage law to accelerate the minimum wage when inflation exceeds 7 percent. Notably, inflation recently hit a 40-year high at 8.5 percent. 

CalSavers Retirement Savings Program (CalSavers) is a state-run retirement savings program for private-sector employees whose employers do not offer a retirement program. The program was slowly introduced to employers over the last two years, providing a deadline based on employer size. We are now at the final deadline for employers with at least five employees that don’t already offer a qualified workplace retirement savings plan. Employers will be required by California law to offer and facilitate employee access to CalSavers, by June 30, 2022. 

Whether your workplace is fully remote, operating in a hybrid fashion, or sticking to a traditional onsite schedule, it’s important to understand all of the important considerations for employers in the emerging post-COVID workplace. Join us for CEA’s 2022 Mid-Year Labor Law Update. This engaging webinar will be presented by California subject matter experts, who will discuss new issues and best practices in employment and HR compliance. CEA members and non-members can register here for this virtual event coming up on June 16th.

HR Advisors at CEA answer more than 1,000 calls each month from our members with various HR questions, from what paperwork is required at the time of hire, to important considerations at termination, and everything in between: leaves of absence, alternative workweeks, workers’ compensation, proper pay practices, and COVID regulations (you name it). One question that keeps popping up is how to calculate an exempt employee’s salary when they are absent from work. While the question may seem simple enough, there is not a simple answer, as it depends on the circumstances. Need a refresher? Keep reading to make sure you understand California’s obligations for your salaried employees.

Many employers have been asking the question: “What can we do, as a company, to improve the mental health of our employees?” Since May is Mental Health Awareness Month, we thought we would share the results of a survey done by Mental Health America (MHA) that informed their Mind the Workplace 2022 Report that details some strategies employers can use to meaningfully support employee mental health in 2022.

Mandatory Employer Meetings, or “captive audience” meetings, are a tool that has been utilized for decades by employers to inform employees of their rights to resist unionization are under fire. General Counsel for the National Labor Relations Board (NLRB), Jennifer Abruzzo, is seeking to ban mandatory employee meetings, putting employers in the line of fire from Union organizers.

May is Asian American and Pacific Islander (AAPI) Heritage Month!  An annual celebration that honors and recognizes the historical and cultural contributions of individuals and groups of Asian and Pacific Islander descent to the United States. The AAPI term encompasses cultures from the entire Asian continent—including East, Southeast and South Asia—and the Pacific Islands of Melanesia, Micronesia and Polynesia. As of 2019, there were about 22.9 million people of Asian or Pacific Islander descent in the United States.

Employers with the best of intentions can often wind up in a pickle when an employee ends up owing them money. One scenario occurs when you advance employee wages via a loan or allow them to take vacation time before they earned it. Another example occurs when you accidentally pay an employee more than they were owed.

On April 21, 2022, Cal/OSHA’s Standards Board voted on a third re-adoption of their COVID-19 Emergency Temporary Standard (ETS), which provides COVID-related rules for the workplace.

Updated 4/25/2022. On April 25, 2022, the Department of Homeland Security (DHS) announced it is extending I-9 temporary flexibilities related to the COVID-19 pandemic. While temporary remote I-9 verification was set to expire on April 30, 2022, it has now been extended to October 31, 2022!

What do Tahoe, Beer, and Autism have in common? April is Autism Awareness Month, and a placer County Brewery is selling beer—packaged by workers with disabilities. Placer County’s Knee Deep Brewing Company is raising awareness for those with autism by creating a new beer—an English Style Pale Ale—with the autism awareness logo on the label. April is World Autism Awareness Month and aims to help bring awareness to the fastest growing developmental disorder in the United States. According to the Centers for Disease Control and Prevention, 1 in 44 children have developed autism spectrum disorder and more than 5 million young people and adults have been diagnosed with ASD. 

If you are like many California employers, business owners, and HR professionals, you have been juggling a lot lately. Between finding and retaining talent, meeting operational needs, and keeping up to date with the ever-changing COVID rules, you may not have been able to dedicate the time you would like to HR compliance. CEA is here to bring you peace of mind with a quick 5-point checklist to get you started. 

Employers can reduce their financial liability and the risk of wage and hour lawsuits by understanding their obligations and avoiding common mistakes. Starting from the date of hire all the way to the employment termination date, let’s review five of the most common wage and hour mistakes we see at CEA and solutions on how to fix them!

Wages are increasing. So is inflation. To stay competitive in a dynamic labor market, it's essential to understand what's going on in your industry, location, and with your competitors. Find and keep great people by making sure you review updated market data and establish pay practices for success!