News
How Should Employers Respond Now that Overtime Rule Is Blocked?
2024-11-18
A Nov. 15 federal court decision spared HR professionals from having to comply with an increase in the salary threshold for white-collar exemptions from overtime, a threshold that had been set to rise to $58,656 annually as of Jan. 1, 2025. (Read More)...
(Read More)DOL Publishes Skills-Based Hiring Guide
2024-11-18
The U.S. Department of Labor (DOL) published a resource guide on Nov. 13 designed to educate employers about the benefits of using skills-first hiring practices. (Read More)...
(Read More)Lead Exposure Standard: Big Changes Take Effect January 1, 2025
2024-11-14
What changes has Cal/OSHA made to its standard for exposure to lead in construction and other industries? (Read More)...
(Read More)California Court Says An Employer’s Success at Arbitration Can Bar Later PAGA Representative Claims: 3 Steps Employers Should Take
2024-11-14
A recent California Court of Appeal decision handed employers a solid win by reinforcing the principle that employees may not be able to pursue PAGA penalty claims in court if an employer has already prevailed in arbitration. (Read More)...
(Read More)What California’s AI Proposed Rules Mean for Employers
2024-11-12
In this episode of The Workplace podcast, CalChamber Associate General Counsel Matthew Roberts and CalChamber Senior Policy Advocate Ashley Hoffman discuss regulations on the use of artificial intelligence (AI) tools in the workplace proposed by the California Civil Rights Council (CRC). (Read More)...
(Read More)New Study Shows AI Resume Screeners Prefer White Male Candidates: Your 5-Step Blueprint to Prevent AI Discrimination in Hiring
2024-11-11
A new study reveals that popular AI-based resume screening tools often favor White and male candidates, showing that resumes tied to White-associated names were preferred 85% of the time. (Read More)...
(Read More)Civility Remains of Paramount Importance Following Election
2024-11-06
The need for civility is as great as ever, now that Election Day is over, and HR has the power to help bring about civil conversations. We’ve gathered articles from SHRM on the benefits of civil political discourse and ways that HR can facilitate civility in the workplace. (Read More)...
(Read More)2025 FSA, HSA, Retirement Plan Contribution Limits
2024-11-06
Get ready for 2025 — the Internal Revenue Service recently released the 2025 annual inflation adjustments for flexible spending arrangements (FSAs) and retirement plan contribution limits. (Read More)...
(Read More)Private Attorneys General Act (PAGA) Reform FAQs Published
2024-10-24
The California Department of Industrial Relations (DIR) recently published Frequently Asked Questions (FAQs) about the Private Attorneys General Act (PAGA) and its recent reforms, providing an overview of how those reforms modify PAGA claims and procedures. (Read More)...
(Read More)Construction Industry PAGA Exemption Extended Until 2038
2024-10-24
Gov. Gavin Newsom has signed Assembly Bill 1034, which extends the exemption from the California Private Attorneys General Act (PAGA) for certain employees in the construction industry until Jan. 1, 2038. (Read More)...
(Read More)California’s 2025 Temporary Total Disability (TTD) Rates
2024-10-23
The California Division of Workers’ Compensation (DWC) recently announced the minimum and maximum temporary total disability (TTD) will increase on January 1, 2025. (Read More)...
(Read More)2025 Licensed Physicians, Computer Professionals Rates
2024-10-17
On January 1, 2025, the overtime exemption rates for computer software employees and licensed physicians will increase — so employers need to make sure that these employees’ hourly rate is not less than the increased specified rates below in order to be exempt from overtime requirements. (Read More)...
(Read More)Exempt Employee Salary Deductions: Proceed with Caution
2024-10-16
An exempt employee took off Monday and Tuesday, worked a partial day on Wednesday and worked full days on Thursday and Friday. (Read More)...
(Read More)Hours Worked, Not ‘Full-Time’ Label Key to Managing Benefits
2024-10-09
What is the minimum number of hours an employee needs to work to be considered full-time? (Read More)...
(Read More)How Indoor Heat Illness Rule Applies to Air Conditioned Workplace
2024-10-08
Our indoor office is air conditioned. Does our business need to include the indoor heat illness requirements in our Injury and Illness Prevention Program (IIPP)? (Read More)...
(Read More)California Employment Laws Starting 2025
2024-10-01
We’ve reached October — the annual legislative cycle has ended as California Governor Gavin Newsom signed or vetoed bills over the last few weeks. (Read More)...
(Read More)California Limits the Discretion Employers Have to Insist on a Driver’s License Even for Jobs that Require Driving for Work
2024-09-30
Starting in January 2025, California’s Fair Employment & Housing Act (FEHA) will prohibit employers from including a statement in a job advertisement, posting, application, or other material that an applicant must have a driver’s license unless the employer “reasonably” anticipates driving to be an essential job function that cannot be comparably performed by alternative means. (Read More)...
(Read More)Labor Department Provides Employers with New 10-Step Roadmap to Avoid AI Hiring Discrimination
2024-09-26
Federal workplace officials just unveiled a new website guiding employers on best practices to avoid artificial intelligence discrimination during the hiring process, including a roadmap of 10 actions you should consider taking if you want to stay compliant. (Read More)...
(Read More)Job Duties, Compensation Keys to Computer Professional Exemption
2024-09-20
We would like to make our information technology (IT) manager an exempt employee. May we use the computer professional exemption for this purpose? (Read More)...
(Read More)Assistive Animals at Work Still Subject to Minimum Standards
2024-09-17
One of our employees has asked to bring an emotional support dog to the office. I know about service animals in the workplace. Do we legally have to allow an employee to bring a support dog to work? (Read More)...
(Read More)On-Boarding Activities: Best to Wait for Employee’s First Day of Work
2024-09-11
When we start a new employee, their first day is spent completing on-boarding paperwork and trainings. (Read More)...
(Read More)Medical Certification for Family Leave: Stay in Touch with Employee
2024-09-09
Our employee went on family leave on August 1 (for which she was qualified). Our outside leave administration company disallowed the claim due to the fact she didn’t get a medical certification in 15 days. (Read More)...
(Read More)California’s Minimum Wage Will Increase Again in 2025
2024-09-06
California will see another increase to its minimum wage on Jan. 1, 2025. On this date, the state minimum wage will increase from $16.00 per hour to $16.50 per hour. (Read More)...
(Read More)Good Process Key to Choosing Reasonable Accommodation for Disability
2024-09-04
One of our employees with a disability requires a reasonable accommodation. May we choose the reasonable accommodation that we provide? (Read More)...
(Read More)Protect Your Workers from Wildfire Smoke
2024-09-03
Despite California’s recent August cooldown, experts predict the wildfire threat is above normal heading into fall. (Read More)...
(Read More)No Right to Intervene, Object to PAGA Settlement
2024-08-26
It’s been a busy summer for California’s Private Attorneys General Act (PAGA). First, in July, California passed sweeping PAGA reform. (Read More)...
(Read More)Employers’ Biggest Open Enrollment Task: Convincing Employees to Care
2024-08-23
Despite the importance of open enrollment, employees aren’t exactly thrilled about reviewing forms for health insurance and other benefits every fall. (Read More)...
(Read More)DIR FAQs Answer Top Health Care Worker Minimum Wage Questions
2024-08-21
Although the start of California’s health care worker minimum wage is delayed — starting sometime between October 15, 2024, and January 1, 2025, depending on several potential triggers (Read More)...
(Read More)Form I-9 Expiration Date Extended
2024-08-19
Don’t panic! The U.S. Citizenship and Immigration Services (USCIS) recently updated their Form I-9, Employment Eligibility Verification but only the expiration date was extended — to 05/31/27. (Read More)...
(Read More)When Is Sitting on the Job a Required Accommodation?
2024-08-19
Employers sometimes object to workers with disabilities sitting on the job, raising concerns that include professionalism, safety, and feasibility. (Read More)...
(Read More)Onboarding Tips for New Grads Entering Your Workplace
2024-08-16
New graduates entering the workforce could use some help in making their transition from the academic world. That starts with your organization being clear about its expectations for employees. (Read More)...
(Read More)Meal Break Timing: OK to Provide Early in Work Shift
2024-08-15
We have an employee who is scheduled to work an eight-hour shift and routinely clocks out for his meal break after working only two hours. We are fine with this but worry that it may violate the law since it’s so early in his shift. (Read More)...
(Read More)Free 2024 Midyear Employment Law Update White Paper
2024-08-13
Usually, the busiest time of the year revolves around new laws taking effect on January 1. (Read More)...
(Read More)Hot Weather No Excuse to Abandon Dress Code Requirements
2024-08-08
During a recent heat wave, several employees showed up for work with visible tattoos, strappy tops and flip-flop shoes. This is all in violation of our dress code. Can we enforce it even when the weather is hot? (Read More)...
(Read More)California’s 2025 Minimum Wage Increases to $16.50 Per Hour
2024-08-07
On Thursday, August 1, the California Department of Finance Director Joe Stephenshaw officially certified that beginning January 1, 2025, California’s minimum wage will increase from $16 per hour to $16.50 per hour for all employers, regardless of size. (Read More)...
(Read More)Reexamining California COVID-19 Workplace Regulations
2024-08-06
In the past two weeks, positive COVID-19 tests have increased to 18 percent in the U.S. Health and Human Services Agency’s Region 9, which includes California (Read More)...
(Read More)USCIS Extends Form I-9 Expiration Date to 2027
2024-08-06
U.S. Citizenship and Immigration Services (USCIS) has extended the expiration date for Form I-9, which is used for employment eligibility verification, to May 31, 2027. (Read More)...
(Read More)A Single Racial Slur May Be Severe Racial Harassment Under FEHA
2024-07-30
Whether workplace harassment conduct rises to the level of severe or pervasive, as required by California’s Fair Employment and Housing Act (FEHA), is commonly misunderstood, (Read More)...
(Read More)California’s Family Leave Mediation, Paid Family Leave Grants Updates
2024-07-29
California’s Family Leave Mediation program and Paid Family Leave Grants program — aimed at supporting small businesses and their employees in managing family leave - (Read More)...
(Read More)California Supreme Court Upholds Proposition 22
2024-07-26
After a lengthy legal challenge that began back in 2021, the California Supreme Court recently ruled that Proposition 22 is constitutional — a significant decision ensuring that thousands of workers continue to have access to flexible options for earning income. (Read More)...
(Read More)Two 2025 Employment Poster Updates Already
2024-07-24
For 2025, employers already have two updated posting requirements, as California Governor Gavin Newsom recently signed two bills bringing changes to employers’ workers’ compensation and whistleblower posters. (Read More)...
(Read More)Ninth Circuit Preserves FLSA De Minimis Rule
2024-07-16
On July 10, 2024, the U.S. Ninth Circuit Court of Appeals revisited a timekeeping case centered around a dispute over whether an employee “booting up” a computer to access the time clocks should be compensated as hours worked. (Read More)...
(Read More)Summer Job for Minors: State, Federal Laws Outline Requirements
2024-07-09
My company is thinking about hiring a minor, who is 16 years old, for the summer. The job duties include lifting objects weighing more than 25 pounds, taking orders, operating a cash register and driving a company vehicle to deliver goods to our customers.(Read More)...
(Read More)PAGA Deal Signed into Law
2024-07-03
California Gov. Gavin Newsom signed AB 2288, the California Private Attorneys General Act (PAGA) reform deal, which SHRM supported, into law July 1. The deal includes the following changes to penalties and “cure provisions.” (Read More)...
(Read More)California Health Care Worker Minimum Wage Delayed Again
2024-07-01
California’s health care worker minimum wage gets delayed again — with a few possible start dates depending on certain circumstances. (Read More)...
(Read More)From Benefits to Empathy, How to Support Workers with Substance Use Disorders
2024-06-24
The substance use epidemic is showing no signs of abating—and it’s taking a huge toll on the workplace. (Read More)...
(Read More)12 Exit Interview Questions Every HR Professional Should Ask
2024-06-21
Exit interviews offer a rare chance to gain candid feedback from employees who are leaving your company. (Read More)...
(Read More)U.S. Supreme Court Reins in NLRB Ability to Obtain Injunctions
2024-06-20
In a win for employers, the U.S. Supreme Court recently made it harder for the National Labor Relations Board (NLRB) to obtain injunctive relief against employers in disputes over alleged “unfair labor practices” (Read More)...
(Read More)Agreement Reached to Reform Private Attorneys General Act (PAGA) to Create a Better, Fairer System for Workers and Employers
2024-06-19
The California Chamber of Commerce and the Fix PAGA coalition, representing non-profits, social justice advocates, family farmers, health care providers and businesses, are supporting legislation to reform California’s broken Private Attorneys General Act (PAGA). (Read More)...
(Read More)Reminder: Pregnant Workers Fairness Act (PWFA) Regulations Start June 18
2024-06-18
On April 19, 2024, the Equal Employment Opportunity Commission (EEOC) published its final rule implementing the 2023 federal Pregnant Workers Fairness Act (PWFA). (Read More)...
(Read More)2023 EEO-1 Report ‘Failure to File’ Deadline Is July 9
2024-06-12
Although the June 4 deadline has passed, the Equal Employment Opportunity Commission (EEOC) urges required employers who haven’t yet submitted and certified their mandatory EEO-1 Component 1 report to do so as soon as possible — and no later than 8 p.m. PT on Tuesday, July 9, 2024. (Read More)...
(Read More)Overcome Communication Challenges When Reclassifying Employees
2024-06-12
Employers reclassifying employees as nonexempt due to this year’s overtime rule should clearly explain the basis for the change to minimize morale problems resulting from the change. (Read More)...
(Read More)CFRA/FMLA Leave for Elective Surgery
2024-06-10
My employee is requesting California Family Rights Act/Family and Medical Leave Act (CFRA/FMLA) leave to have elective surgery. (Read More)...
(Read More)Free White Paper: Workplace Violence Prevention for California Employers
2024-06-05
California employers have long been required to provide a healthful and safe environment for their employees — not just related to workplace injuries and illnesses, but also in reducing the risk of workplace violence. (Read More)...
(Read More)California Local Minimum Wage Increases Starting July 1, 2024
2024-06-04
Instead of the beginning of the year, several California cities and counties implement their local minimum wage rate increases on July 1. (Read More)...
(Read More)Doctor’s Note Not Always Automatic Excuse for Absences
2024-06-03
My employee has used up all her protected sick leave, but still calls out sick regularly and always returns with a doctor’s note. Can we discipline her for missing too much work, or does the fact that she brings in a doctor’s note mean we can’t do anything? (Read More)...
(Read More)California Health Care Worker Minimum Wage Delayed One Month
2024-05-31
In 2023, Governor Gavin Newsom signed SB 525, which required certain health care facilities to pay a special minimum wage to their employees starting June 1, 2024. (Read More)...
(Read More)7 Tips to Promote Paid Time Off in Your Workplace
2024-05-31
It’s the time of year to dream of summer vacations, but will workers take them? Paid time off (PTO) is a critical component of employee well-being and productivity, yet many workers hesitate to utilize their allotted days. (Read More)...
(Read More)Exempt Employees Wage and Hour Essentials Webinar
2024-05-29
Under federal and state laws, certain employees may be exempted from many wage and hour requirements, such as overtime pay and meal and rest break requirements. (Read More)...
(Read More)Supporting Workplace Mental Health in California
2024-05-28
May is Mental Health Awareness Month — created to not only increase awareness around how important mental health is to our overall health and well-being, but also provide resources and information to people and communities who may need mental health support. (Read More)...
(Read More)Prepare for FLSA’s New Salary Thresholds for Highly Compensated Employees
2024-05-21
A recent final rule that will significantly increase the Fair Labor Standards Act’s (FLSA’s) annual salary thresholds for the highly compensated employee (HCE) exemption from overtime pay is causing a dilemma for many employers. (Read More)...
(Read More)Many Steps to Consider When Hiring Out-of-State Remote Worker
2024-05-20
I run a business in California and would like to hire someone from a different state to work remotely. What, if any, additional steps should I take when hiring an out-of-state remote worker/employee? (Read More)...
(Read More)Remember to Protect Outdoor Workers From Heat Illness
2024-05-17
As June approaches and temperatures in some areas of California creep into the 90s and even surpass 100 degrees, employers must take appropriate steps to protect their outdoor workers from heat illness — by adhering to the California Division of Occupational Safety and Health’s (Cal/OSHA’s) heat illness prevention standard. (Read More)...
(Read More)Plan What to Do When an OSHA Inspector Arrives
2024-05-16
With the Occupational Safety and Health Administration’s (OSHA’s) “walkaround rule” soon taking effect, HR should know what to do when an OSHA inspector arrives. Unless a court blocks the rule’s enforcement, employers have to comply with it starting May 31. (Read More)...
(Read More)Military Spouses Can Be the Firepower Employers Need to Fill Jobs
2024-05-13
Alice Riethman, SHRM-CP, recalls the employment challenges she encountered as a military spouse when her husband’s job as an active-duty U.S. Air Force pilot and the tempo of military operations moved them around the U.S. (Read More)...
(Read More)IRS Announces 2025 HSA, HDHP Limits
2024-05-09
Employees will be able to sock away more money in their health savings accounts (HSAs) next year, thanks to rising inflation. (Read More)...
(Read More)Good Faith Defense Upheld for Wage Statement Penalties
2024-05-08
In a win for employers, the California Supreme Court recently held that if an employer reasonably and in good faith believed it was providing a complete and accurate wage statement as required by California’s wage statement law (Read More)...
(Read More)EEOC Releases Updated Workplace Harassment Guidance
2024-05-02
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its updated “Enforcement Guidance on Harassment in the Workplace.” (Read More)...
(Read More)Keep Form 300a Records, Even When Posting Period Ends
2024-05-01
Although April 30 was the last day employers had to post their 2023 Form 300a, Annual Summary of Work-Related Injuries and Illnesses, don’t toss them in trash! (Read More)...
(Read More)California Employers Have Until May 8 to Report Pay Data: Your 3-Step Compliance Plan
2024-04-29
Attention, California employers: You only have until May 8 to report last year’s pay data to the state, and you need a plan of action in order to comply with this stringent law. (Read More)...
(Read More)Feds Ban Non-Compete Agreements: A 5-Step Plan for Employers
2024-04-24
The federal government took an unprecedented step yesterday by finalizing a rule that seeks to ban non-competition agreements between nearly all employers and all workers. (Read More)...
(Read More)Employees Making Less than $58,656 May Now Be Eligible for Overtime
2024-04-23
The U.S. Department of Labor has increased the Fair Labor Standards Act's (FLSA's) annual salary-level threshold from $35,568 to $58,656 as of Jan. 1, 2025, for white-collar exemptions to overtime requirements. (Read More)...
(Read More)Supreme Court Says Lateral Job Transfer Can Be Discriminatory Under Federal Law
2024-04-23
The U.S. Supreme Court recently issued a decision holding that a lateral job transfer can be discriminatory under Title VII when the transfer brought some harm to the employee, (Read More)...
(Read More)Stock Options Are Not “Wages” in California
2024-04-22
In startup businesses, it’s not uncommon for employees to accept less cash compensation in exchange for stock options — the option to buy the company stock at a predetermined exercise price. In the future, if the stock’s value exceeds the exercise price, the individual can buy the stock at the lower price for a profitable investment. (Read More)...
(Read More)The Lowest Salary Employees Would Accept for a New Job Jumps to Record High
2024-04-19
Employers looking to hire new talent may have to shell out more money than they have in years. (Read More)...
(Read More)Asking Applicants about Vehicle Ownership May Be Discriminatory
2024-04-17
We’ve experienced challenges with employees being unable to come to work due to car troubles. In job interviews, is it OK to ask an applicant whether they own a working vehicle, to ensure consistent attendance? (Read More)...
(Read More)EEOC Releases Final Regulations for Pregnant Workers Fairness Act
2024-04-15
The U.S. Equal Employment Opportunity Commission (EEOC) today issued final regulations for implementing the Pregnant Workers Fairness Act (PWFA). (Read More)...
(Read More)Research Reveals Candidates’ Frustrations with Hiring Process
2024-04-09
Contentment among job candidates—a measure of positive experience with the hiring process—has been on the decline since 2021, while candidate resentment remains elevated, according to the latest annual research from the Candidate Experience Benchmark Research and Awards Program, founded by Talent Board and now part of ERE Media. (Read More)...
(Read More)USCIS Extends Renewal Period for Work Permits to 540 Days
2024-04-08
U.S. Citizenship and Immigration Services (USCIS) announced it is temporarily increasing the automatic extension period of expiring work permits for hundreds of thousands of renewal applicants. (Read More)...
(Read More)Alcohol/Drug Rehabilitation Leave: State/Federal Laws Provide Protections
2024-04-02
One of our employees informed us that he is planning to enter a six-week alcohol or drug rehabilitation program. Are we required to provide him leave time? (Read More)...
(Read More)California Supreme Court Clarifies the Scope of “Hours Worked” Under California Law
2024-04-01
On March 25, 2024, the California Supreme Court issued a highly anticipated decision in Huerta v. CSI Electrical Contractors, Inc. The Court responded to the request from the Ninth Circuit to answer three questions about Wage Order No. 16 and clarify the scope of the term “hours worked.” (Read More)...
(Read More)Fast Food Minimum Wage Law Exceptions Added
2024-03-29
On March 25, 2024, Governor Gavin Newsom signed Assembly Bill 610 (AB 610) — an urgency measure effective upon signing — that creates additional exceptions to California’s fast food minimum wage law just before the new law takes effect. (Read More)...
(Read More)California Supreme Court Clarifies ‘Hours Worked’ Questions
2024-03-27
Recently, the California Supreme Court answered the Ninth Circuit Court of Appeals’ certified wage-and-hour questions, determining, among other things, that the time workers spend in their personal vehicles waiting to clear an employer-mandated security check before leaving the employers’ premises counts as “hours worked” under California law and must be compensated. (Read More)...
(Read More)California Workplace Safety Officials Adopt Indoor Heat Illness Rule Despite State Objections
2024-03-22
In a surprise move, the Cal/OSHA Standards Board just adopted a new indoor heat illness rule hours after state officials took the unprecedented step of pulling approval of the proposed rule because of its financial impact on state agencies. While the rule should not proceed without Department of Finance approval, workplace safety officials plowed forward by unanimously adopting the standard yesterday – leaving California employers in legal limbo. What happened and what are the next steps for employers?...
(Read More)What California Employers Need to Know About New Leave Rights for Reproductive Loss: Your 5-Step Compliance Guide
2024-03-20
Private employers in California with five or more employees and all public employers in the state must provide employees with leave for reproductive-related loss under a new law that took effect this year. (Read More)...
(Read More)How to Spot AI-Generated Lies on a Resume
2024-03-18
A recent survey contains a disturbing statistic about the role that content-creating generative AI (GenAI) plays in the modern-day job hunt. (Read More)...
(Read More)Labor Commissioner FAQ Ties Paid Sick Time Off to Work Day Length
2024-03-18
I understand that the state is now requiring employers to provide more time off for paid sick leave than it did in previous years. My employees work an alternative workweek consisting of four 10-hour shifts per week.(Read More)...
(Read More)Must Provide Supplemental Notice to H-2A Agricultural Workers Beginning March 15, 2024
2024-03-15
California’s Notice to Employee pursuant to Labor Code section 2810.5 (also referred to as the Wage Theft Notice) underwent some changes that became effective January 1, 2024. (Read More)...
(Read More)When Family Leave Time Ends, Other Protected Leaves May Apply
2024-03-13
We have an employee who is currently on California Family Rights Act (CFRA) leave. She will exhaust this leave in one week. She has asked for an extension of leave for one month. (Read More)...
(Read More)California Finally Clarifies Key Paid Sick Leave Discrepancy for Part-Time Employees
2024-03-12
Critical Clarification Provides Relief for Employers...
(Read More)2023 EEO-1 Reporting Opens April 30
2024-03-11
It’s only been a few short months since the Equal Employment Opportunity Commission (EEOC) finished collecting employers’ 2022 EEO-1 Component 1 reports, but it’s already time for employers to start preparing for the next round — 2023 EEO-1 Component 1 data collection opens on Tuesday, April 30, 2024, and the deadline to file is Tuesday, June 4, 2024. (Read More)...
(Read More)Remind Workers to Spend FSA Dollars Before They Expire March 15
2024-03-08
Employers that extended their 2023 flexible spending account (FSA) deadline have just a few more days to remind their employees to use their funds.(Read More)...
(Read More)What Are the Economic Impacts of California’s New Fast-Food Law?
2024-03-07
The fast-food industry in California is preparing for major changes this year—with bigger paychecks for employees and a new council to improve working conditions. (Read More)...
(Read More)Cal/OSHA Publishes Model Workplace Violence Prevention Plan, Resources
2024-03-06
Last year, California Governor Gavin Newsom signed Senate Bill 553, creating a new general industry workplace violence prevention standard. (Read More)...
(Read More)Wearing “Black Lives Matter” On Uniform Can Be Protected Activity Under NLRA
2024-03-05
On February 21, 2024, the National Labor Relations Board (NLRB) issued a decision that an employer violated federal law when it directed an employee to remove the hand-drawn acronym for Black Lives Matter — “BLM” — from their work apron to comply with the company’s dress code. (Read More)...
(Read More)Cal OSHA Releases Model Workplace Violence Prevention Plan
2024-03-01
SB 553, codified in California Labor Code Section 6401.9, now requires almost all employers to maintain a written WVPP as of July 1, 2024 unless they have a specific exemption....
(Read More)Mandatory Pamphlet Updates for California Employers
2024-02-20
All California employers are required to distribute six pamphlets to employers, and two of them — Unemployment Insurance (UI) and Workers’ Compensation Rights and Benefits — have mandatory updates for 2024. (Read More)...
(Read More)AB 1076 Non-Compete Notice Deadline Is February 14
2024-02-13
California has long taken the position that non-compete agreements are unwelcome in the Golden State — a stance the Legislature has solidified through the recent passage of Senate Bill (SB) 699 and Assembly Bill (AB) 1076. (Read More)...
(Read More)What to Know About SECURE 2.0 in 2024
2024-02-13
Getting employees, particularly younger ones, to contribute to a retirement plan has long been a challenge for employers. (Read More)...
(Read More)Deepfake Scammers Steal $25 Million From Company: 5 Ways You Can Avoid Being Victim to Latest AI Nightmare
2024-02-09
A group of scammers recently used deepfake technology – now readily available to just about anyone – to trick a finance employee into paying them over $25 million of corporate funds. (Read More)...
(Read More)Do Your Workplace Romance Policies Need an Update? 4 Points for Employers to Consider this Valentine’s Day
2024-02-09
Love is in the air on Valentine’s Day – and according to recent research, it has likely found its way to your workplace. (Read More)...
(Read More)10 Answers to FAQs About California’s Workplace Violence Prevention Plan Law
2024-02-08
Employers have asked a broad range of questions regarding California’s groundbreaking new law establishing the state’s first general industry workplace violence prevention requirements. (Read More)...
(Read More)California Storms 2024: Employer Obligations During Emergency Conditions
2024-02-05
The majority of California has been under atmospheric attack since Sunday, February 4, 2024, with a massive storm making its way from the northern part of the state to the southern — with some areas seeing wind gusts up to 92 miles per hour. (Read More)...
(Read More)New Year, New Employment Protections for Cannabis Consumption in California: A 3-Step Guide for Employers
2024-02-01
California employers should take steps now to ensure their policies and practices align with new employment protections for cannabis consumption. (Read More)...
(Read More)California Updates Pay Data Reporting Requirements for 2024
2024-02-01
California’s pay data reporting portal opened on Feb. 1, and employers are required to report on three new data points. (Read More)...
(Read More)Immigration Fee Hikes Take Effect April 1
2024-01-31
An overhaul of immigration processing fees, including those covering temporary and permanent work visas, will go into effect April 1. (Read More)...
(Read More)Post Your Form 300A, Summary of Work-Related Injuries and Illnesses
2024-01-31
As happens each year at this time, California employers must start posting their Form 300A, Annual Summary of Work-Related Injuries and Illnesses — starting on February 1, 2024, and keeping it posted through April 30, 2024. (Read More)...
(Read More)How to Promote Inexperienced Employees into Management Roles
2024-01-30
Katie is a human resource director at a nonprofit organization, and the chief program officer (CPO) has asked her about potentially changing hiring policy by eliminating the “one year of prior managerial experience” requirement when filling internal management positions. (Read More)...
(Read More)Did You Know? Workers Can Be Fired for Their Political Affiliation and Activity
2024-01-24
With political campaigns well underway for this year’s elections—and heated discussions, lobbying for candidates and other distracting behavior filling workplace hallways and messaging platforms—private-sector employers may wonder if they’re ever allowed to fire workers for their political affiliation and activities. (Read More)...
(Read More)Use Caution When Granting Family Leave Before Employee Is Eligible
2024-01-23
My employee wants to take 12 weeks off for child bonding, but he has worked for us for only 11 months so he’s not eligible for protected family leave time yet. (Read More)...
(Read More)What Employers Should Know About California’s Latest Paid Sick Leave Expansion
2024-01-22
In this episode of The Workplace podcast, CalChamber Associate General Counsel Matthew Roberts and CalChamber employment law expert Ellen Savage discuss what employers need to know about the latest expansion of the California Healthy Workplaces, Healthy Families Act (SB 616), also known as the paid sick leave law. (Read More)...
(Read More)DOL Issues New Independent Contractor Rule
2024-01-17
On January 10, 2024, the U.S. Department of Labor (DOL) published a final rule impacting the classification of workers as either independent contractors or employees. (Read More)...
(Read More)DOL’s Rule Narrows Scope of Independent Contractor Classification
2024-01-10
The new independent contractor rule from the U.S. Department of Labor (DOL) could spark an increase in misclassification lawsuits and make businesses less likely to hire gig workers, according to some legal experts. (Read More)...
(Read More)CDPH, Cal/OSHA Update COVID-19 Isolation Guidance
2024-01-09
On January 9, 2024, the California Department of Public Health (CDPH) updated it’s COVID-19 isolation guidance, (Read More)...
(Read More)Workers’ Comp: Pay for Follow-Up Doctor Appointments Not Required
2024-01-04
My employee sustained an injury on the job a few months ago. He is claiming that we have to pay for his doctor and therapy appointments. Is this true? (Read More)...
(Read More)Happy New Year, New Laws 2024
2024-01-03
Happy New Year 2024! The new year brings new employment laws, posters and employment notices for employers. (Read More)...
(Read More)The Benefit of Employee Handbooks (Plus a Tool to Help Craft One)
2023-12-27
Stated simply, an employee handbook is one of the best ways to avoid misunderstandings; to ensure fair, consistent treatment of employees; and to help protect your business from lawsuits. (Read More)...
(Read More)Updated Wage Theft Notice Released
2023-12-19
Federal and California law requires new employees to receive several pamphlets and notices about laws and programs like workers’ compensation, workplace sexual harassment, state disability insurance and paid family leave. (Read More)...
(Read More)28 Local Minimum Wage Rates Will Increase January 1, 2024
2023-12-18
Along with the new California state minimum wage rate of $16 per hour for all employers, regardless of size, and new computer professionals and licensed physicians rates beginning January 1, 2024 (Read More)...
(Read More)IRS Boosts Mileage Rate for 2024
2023-12-14
The IRS is raising the standard mileage rate by 1.5 cents per mile for 2024. (Read More)...
(Read More)California Paid Sick Leave Changes Guidance Released
2023-12-14
As we rapidly approach January 1 — the date most new employment laws that Governor Newsom signed this year become effective — the one that looms largest for all California employers is the expansion of California’s mandatory paid sick leave law, also known as the Healthy Workplaces, Healthy Families Act. (Read More)...
(Read More)EEO-1 Component 1 ‘Failure to File’ Deadline Looms
2023-12-12
You may recall that employers had until December 5, 2023, to submit their EEO-1 Component 1 reports to the U.S. Equal Employment Opportunity Commission (EEOC). Although that deadline has passed, (Read More)...
(Read More)2024 Benefit Plan Limits & Thresholds Chart
2023-12-12
Check out this handy chart showing the 2024 benefits plan limits and thresholds for 401(k) plans, adoption assistance, health savings accounts, flexible spending accounts (FSAs) and more. (Read More)...
(Read More)Considerations for Back-to-Back Pregnancy, Family Leaves
2023-12-11
My employee of five years gave birth and would like to use California Family Rights Act (CFRA) child bonding time immediately following their pregnancy disability leave (PDL).(Read More)...
(Read More)Time Off for Crime Victims: What’s Required Depends on the Crime
2023-12-06
An employee just informed me that they are a crime victim and need time off. What do we have to provide? (Read More)...
(Read More)How HR Can Help Employees Use Their FSA Funds
2023-12-06
With the end of the year quickly approaching, HR and benefits leaders have yet one more task to add on to their busy end-of-year checklist: reminding employees about approaching deadlines to use up remaining cash in their health care flexible spending accounts (FSAs). (Read More)...
(Read More)Help Remote Workers Become More Engaged
2023-12-05
Legal and employee relations problems can arise when remote workers are less engaged than onsite employees. (Read More)...
(Read More)Floating Holiday Policy Determines Payout When Employment Ends
2023-12-04
Our company offers floating holidays to employees. Do these floating holidays have to be paid out at termination? (Read More)...
(Read More)Workplace Law Update: 10 Essential Items on Your December To-Do List
2023-12-01
It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. (Read More)...
(Read More)What Employers Should Know About California’s New Workplace Violence Regulation
2023-11-29
In this episode of The Workplace podcast, CalChamber Associate General Counsel Matthew Roberts sits down with Bianca Saad, CalChamber General Counsel, Labor and Employment, to discuss the requirements of California’s new workplace violence standard, SB 553 (Cortese; D-San Jose). (Read More)...
(Read More)How Formal Quarterly Check-Ins Boost Employee Engagement
2023-11-28
In my most recent article, "Developing a Habit of Delivering Frequent but Informal Feedback," I introduced Lindsay, an HR director at an aerospace manufacturing and design firm with 200 employees. (Read More)...
(Read More)Late Payment of Wages: Per Worker Penalty Escalates with 2nd Violation
2023-11-27
Our payroll company had some issues a couple of weeks ago, and, as a result, we ended up paying our employees seven days after the regular payday. Do we owe each employee an additional seven days of pay as a penalty for the late payment of their wages? (Read More)...
(Read More)2024 HSA, FSA, Retirement Plan Contribution Limits Announced
2023-11-17
In addition to all the new 2024 employment laws, employers should be aware that the Internal Revenue Service (IRS) has released the 2024 annual inflation adjustments for certain health and retirement benefits. (Read More)...
(Read More)Exempt Employee Can Be Required to Work Specific Hours
2023-11-15
Our company’s business hours are from 8 a.m. to 5 p.m., Monday through Friday. The payroll manager, who is classified as an exempt employee, often arrives at work around 10 a.m. and regularly leaves the office before we close. When this has been discussed with her, she tells us she is exempt and can set her own hours. Is that true? (Read More)...
(Read More)Why Departments Hoard Data—and How to Get Them to Share
2023-11-14
In today's data-driven world, organizations rely heavily on comprehensive datasets to make informed decisions, drive innovation and gain a competitive edge. (Read More)...
(Read More)EEO-1 Reporting Open Now
2023-11-09
Last week’s Halloween festivities may have overshadowed that EEO-1 Component 1 data collection began October 31 — but the U.S. Equal Employment Opportunity Commission (EEOC) reminds employers that they have until December 5, 2023, to meet their filing deadline, which is less than one month away! (Read More)...
(Read More)New I-9 Form Must Be Used by All Employers Starting Nov. 1
2023-11-01
Employers are required to use the latest version of Form I-9 beginning today. (Read More)...
(Read More)2024 401(k) Contribution Limit Announcement Imminent
2023-11-01
There have been a number of annual limits announced for 2024, from health savings account contributions to the Social Security wage cap, but employers are still waiting for one important figure: the annual 401(k) contribution limit. (Read More)...
(Read More)2024 Social Security, CA SDI Taxable Wage Base, Withholding Rates
2023-11-01
Employers should know about two new taxable wage base updates for 2024. The Social Security Administration (SSA) recently announced that, for 2024 (Read More)...
(Read More)New Laws California Employers Will Need to Follow in 2024
2023-10-31
In this episode of The Workplace podcast, CalChamber Associate General Counsel Matthew Roberts and CalChamber Policy Advocate Ashley Hoffman review several new laws that will affect California employers in 2024 (Read More)...
(Read More)White House Issues Sweeping AI Executive Order: 10 Things Employers Need to Know
2023-10-30
The executive order on artificial intelligence issued by the White House today is the federal government’s most ambitious attempt to date to corral this burgeoning technology – and contains numerous items of interest for employers. (Read More)...
(Read More)President Biden Issues Executive Order on AI
2023-10-30
President Joe Biden signed a first-of-its kind executive order Oct. 30 on the development of artificial intelligence (AI), to shape how the powerful technology evolves in a way that can maximize its potential but limit its risks. (Read More)...
(Read More)Developing a Habit of Delivering Frequent but Informal Feedback
2023-10-25
Lindsay is an HR director at an aerospace manufacturing and design company with 200 employees, and she's concerned that her analytical, introverted management team may not be communicating enough with staff engineers and workers in support roles. (Read More)...
(Read More)States Are Banning Preferred Pronouns at Work, but Federal Guidelines Promote Inclusion. What Should HR Do?
2023-10-25
Before a cheering crowd at a Christian school in Tampa, Florida Gov. Ron DeSantis signed legislation in March that prohibited students and teachers from being required to use pronouns that don't correspond to someone's biological sex. (Read More)...
(Read More)Tips for Navigating the Newly Released Form I-9
2023-10-24
I know there’s a new Form I-9 to verify eligibility to work in the United States. When do I need to start using it and what specific changes should I be paying attention to? (Read More)...
(Read More)New 2024 Computer Professionals, Licensed Physicians Rates
2023-10-20
California’s Department of Industrial Relations (DIR) announced 2024 rates (effective January 1, 2024) for the computer software employee exemption and the licensed physicians and surgeons exemption. (Read More)...
(Read More)Halloween in the Workplace: 10 Do’s and Don’ts
2023-10-16
For HR managers and employees alike, Halloween can be more of a trick than a treat. While workplace Halloween festivities can create an atmosphere that helps co-workers have fun and get to know each other, the fall holiday's central themes are dressing up and scaring people, which not everyone finds enjoyable. (Read More)...
(Read More)New Employment Laws Starting in 2024
2023-10-16
This year’s legislative session ended with a flurry and, as usual, hundreds of bills were sent to California Governor Newsom’s desk, many of which impact employment law. (Read More)...
(Read More)EEOC Proposes Updates to Workplace Harassment Guidance: Top 5 Takeaways and Next Steps for Employers
2023-10-13
The EEOC recently published its long-awaited proposal to update the agency’s Enforcement Guidance on Harassment in the Workplace, the first update to this crucial document in over 30 years. (Read More)...
(Read More)California Employers Should Not Ask About Marijuana Use
2023-10-13
California Gov. Gavin Newsom recently signed a new law to prohibit employers from asking job applicants or employees about their prior marijuana use. (Read More)...
(Read More)FP’s 5 Questions: Top Tips for HR Teams During Open Enrollment Season
2023-10-12
Most employers that operate health plans on a calendar-year basis kick-off open enrollment in November – which means you’re likely gearing up now for the annual influx of questions, (Read More)...
(Read More)California Establishes New Leave for Reproductive Loss
2023-10-12
On October 11, 2023, Governor Gavin Newsom signed a bill into law allowing for leaves of absence for reproductive-related losses. Senate Bill 848 makes it an unlawful employment practice for an employer to refuse to grant an eligible employee’s request to take up to five days of leave following a reproductive loss event. (Read More)...
(Read More)Tips for Properly Filing an EEO-1 Report
2023-10-11
The U.S. Equal Employment Opportunity Commission (EEOC) recently released an updated instructional booklet to help employers properly fill out their 2022 demographic data on the EEO-1 form. (Read More)...
(Read More)Medical Certification Important for Workers’ Comp Claim Absences
2023-10-06
We have an employee with an active workers’ compensation claim. We agreed with the employee that he would work a normal 40-hour-per-week schedule with exceptions for doctor’s appointments or therapy related to his injury. (Read More)...
(Read More)California Expands Paid Sick Leave: 5 Key Steps Employers Can Take to Prepare
2023-10-05
In the wake of numerous California cities passing local Paid Sick Leave (PSL) ordinances in recent years, the State of California has now taken matters into its own hands – and created yet more hurdles for employers. (Read More)...
(Read More)How to Respond When an Employee Badmouths You or Your Company
2023-10-05
Ben Lamarche, general manager of Lock Search Group's offices across Canada and in Boston, once found out that one of his 35 employees was badmouthing the company on an anonymous internal platform. (Read More)...
(Read More)Federal Government Issues Disability Resource Guide
2023-10-04
On the 50th anniversary of the Rehabilitation Act of 1973, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor released a resource guide to help companies better understand the recruitment, hiring and employment of individuals with disabilities. (Read More)...
(Read More)California Enacts Nation’s First General Industry Workplace Violence Prevention Safety Requirements for Employers
2023-10-02
On September 30, 2023, California enacted the first general industry workplace violence prevention safety requirements in the United States that will be applicable to nearly all California employers, (Read More)...
(Read More)Revised California Criminal History Regulations Start October 1
2023-09-27
In July 2023, the California Civil Rights Department (CRD) approved revised regulations relating to the use of criminal history in employment decisions under California’s Fair Chance Act. (Read More)...
(Read More)HR Professional Day 2023: Celebrating Those Who Manage, Maintain the HR Lifecycle
2023-09-26
Since 1959, HR professionals have been honored on September 26 — known as Human Resource Professional Day — for their hard work and contributions to their organizations. (Read More)...
(Read More)California’s Overtime Rules May Supersede Federal Law
2023-09-25
California's law on overtime pay differs substantially from the proposed rule on overtime pay recently issued by the U.S. Department of Labor, so employers will need to pay close attention to the details of both to remain in compliance. (Read More)...
(Read More)After the Vote: Implementing an Alternative Workweek Schedule
2023-09-21
My company adopted an alternative workweek schedule. Does this mean that all employees must work our alternative four-day 10-hour shift schedule, or can employees choose between the alternative schedule and a traditional five-day eight-hour shift schedule? (Read More)...
(Read More)How Core Weeks and Days Boost Return to Office
2023-09-18
As many employers have struggled to motivate remote employees to return to the office, the J.M. Smucker Company has had success by instituting a schedule it had never used before: core weeks. (Read More)...
(Read More)Intermittent Family Leave May Include Transfer to Different Position
2023-09-14
Can we transfer an employee to a different position if the employee needs to take intermittent FMLA/CFRA leave for his medical treatments? (Read More)...
(Read More)Reporting Time Pay: When It’s Owed Depends on Circumstances
2023-09-13
My employee showed up for her shift in the wrong safety equipment, then later went home sick after clocking in for 30 minutes. Do I owe her “reporting time pay”? (Read More)...
(Read More)Employers Respond as COVID-19 Cases Rise
2023-09-12
Aback-to-school spike in COVID-19 cases is prompting some employers to adopt a back-to-basics approach to disease prevention. At the same time, many employers are imposing return-to-office mandates. (Read More)...
(Read More)Quick COVID-19 Refresher for Employers
2023-09-12
Nicknamed after the Greek goddess of strife and discord, Eris — the latest dominant coronavirus subvariant infecting people across the country — may cause HR departments to panic as they remember the existence of various federal, state and local COVID-19 protocols. (Read More)...
(Read More)Next Version of E-Verify Will Bring Big Changes
2023-09-08
The proposed features for the upcoming revamped version of E-Verify would fundamentally change the way employment eligibility verification is conducted, according to a proposal from U.S. Citizenship and Immigration Services (USCIS). (Read More)...
(Read More)Closely Examine Overtime Ramifications for Exempt Positions Earning Less than $60K
2023-09-08
In response to the U.S. Department of Labor's (DOL's) proposed overtime rule, employers should look carefully at any exempt positions earning less than $60,000 per year, said Kevin Young, an attorney with Seyfarth in Atlanta, to attendees of a SHRM Government Affairs webcast on Sept. 6. (Read More)...
(Read More)California’s New AI Executive Order Lays Groundwork for Employers and Businesses: Your 10-Step Action Plan
2023-09-06
California Governor Gavin Newsom issued a groundbreaking executive order today charting a course for the business community given the explosion of artificial intelligence use across all industry sectors (Read More)...
(Read More)As Summer Ends, Workers Head Back to the Office
2023-09-05
Many employers marked Sept. 5—the day after Labor Day—as the date by which employees would be required to return to offices after working from home during much of the COVID-19 pandemic. (Read More)...
(Read More)2022 EEO-1 Reporting Period Will Open on October 31, 2023
2023-09-05
The EEOC has announced that the long-delayed 2022 EEO-1 reporting period will finally open on October 31, 2023. The deadline for filing will be December 5, 2023. (Read More)...
(Read More)How to Document Remote Verification of I-9s
2023-09-01
Qualified E-Verify users in good standing now have the option to verify I-9 forms remotely, but how to document compliance isn't clear. (Read More)...
(Read More)Labor Department’s Proposed Overtime Rule Could Raise Salary Floor to $55k: Here Are 8 Ways Employers Can Prepare Now
2023-08-30
Employers may need to adjust their pay practices now that the Labor Department has issued its long-anticipated proposal to raise the salary threshold for exempt employees (Read More)...
(Read More)IRS Announces 2024 Health Plan Affordability Threshold
2023-08-30
The IRS announced that the 2024 health plan affordability threshold—which is used to determine if an employer's lowest-premium health plan meets the Affordable Care Act's (ACA's) affordability requirement—will be 8.39 percent of an employee's household income. (Read More)...
(Read More)Bereavement Leave for Complex Family Relationships
2023-08-28
My employee wants to use California’s new bereavement leave after the death of the father of her child — with whom she lived but never married. Another requested it for her ex-father-in-law, whom she remained close to after her divorce. (Read More)...
(Read More)No Mention of Break Room Appliances in Wage Orders Governing Working Conditions
2023-08-25
An employee is complaining about not having enough room in the break room refrigerator for their lunch. Just what is the employer supposed to provide in the break room? (Read More)...
(Read More)Even in ‘At-Will’ California, It’s Wise to Follow Disciplinary Process
2023-08-23
We opened up an office in California recently. We have a couple of problem employees, but I heard California employment is “at-will” and we can just terminate their employment. Is that true? (Read More)...
(Read More)Take Care with Last Chance Agreements
2023-08-23
Last chance agreements provide workers facing discharge with a final opportunity to remain employed. Thus, the agreements need to be used—and worded—carefully. (Read More)...
(Read More)Are You Thinking About Bringing Your Employees Back to the Office? Read This First
2023-08-18
You may have read recent headlines about companies making moves to bring more workers back onsite. Even Zoom — the online meeting platform that got many people through the pandemic — is calling for a bigger in-person presence in the workplace. (Read More)...
(Read More)Steps to Follow When Providing Lactation Accommodation to Employee
2023-08-17
One of my employees is returning from pregnancy leave and is asking for lactation accommodations. What must we do to accommodate this employee? (Read More)...
(Read More)DOL Seeks Comment on SECURE 2.0 Reporting, Disclosure Changes
2023-08-14
The Department of Labor (DOL) is seeking public feedback on a variety of SECURE Act 2.0 provisions. (Read More)...
(Read More)EEOC Breaks New Ground by Settling First-Ever AI Discrimination Lawsuit: 10 Pointers to Avoid Robot Bias
2023-08-14
We’ve reached another milestone in the AI revolution: the federal agency charged with enforcing anti-bias laws just recorded its first-ever settlement in a case involving AI discrimination in the workplace. (Read More)...
(Read More)5 Tips to Avoid Workplace Retaliation Claims
2023-08-10
Employers know how important it is to comply with workplace anti-discrimination laws – but equally important is ensuring that employees who complain about perceived discrimination are not retaliated against for doing so, (Read More)...
(Read More)California’s 2024 Minimum Wage Increases to $16 Per Hour
2023-08-08
On Monday, July 31, the California Department of Finance Director Joe Stephenshaw officially certified that beginning January 1, 2024, California’s minimum wage will increase from $15.50 per hour to $16 per hour for all employers, regardless of size. (Read More)...
(Read More)Instant Pay Benefits Booming in Popularity Among Generation Z Workers
2023-08-07
The days of waiting two weeks or more for your paycheck to hit your bank account may be numbered. In an increasingly connected world (Read More)...
(Read More)How to Defuse Workplace Conflict
2023-08-07
Employees and managers spend an average of over four hours each week dealing with conflict, and 36 percent of employees say they deal with workplace conflict either "often" or "all the time," (Read More)...
(Read More)California’s Revised Criminal History Regulations Approved
2023-08-04
As the rulemaking body for the California Civil Rights Department (CRD), the California Civil Rights Council (CRC) has been working for several months on revised regulations related to the use of criminal history in employment decisions under the Fair Chance Act. (Read More)...
(Read More)Workplace Law Update: 22 Essential Items on Your August To-Do List
2023-08-04
It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. (Read More)...
(Read More)Handbooks Need Revision Following NLRB Ruling
2023-08-04
Many employer handbooks and policies likely should be reviewed and revised following a landmark Aug. 2 ruling by the National Labor Relations Board (NLRB), Stericycle. (Read More)...
(Read More)New Form I-9 Released
2023-08-01
Today’s the day! Nine months after the previous Form I-9, Employment Eligibility Verification expired, the U.S. Citizenship and Immigration Services (USCIS) has published new, revised versions of the Form I-9 documents. Employers should start using these new Form I-9 documents as soon as possible. (Read More)...
(Read More)EEO-1 Data Collection Pushed to Fall 2023
2023-07-25
Employers can enjoy their summer vacation a little more this year — the U.S. Equal Employment Opportunity Commission (EEOC) tentatively announced that the 2022 EEO-1 Component 1 data collection will start in Fall 2023 versus the originally anticipated July timeframe. (Read More)...
(Read More)The ADA Turns 33: Reflecting on Progress Made, Challenges That Remain
2023-07-25
Upon its passage in 1990, the Americans with Disabilities Act (ADA) established workplace protections, boosted economic self-sufficiency and expanded employment opportunities for millions of people with disabilities. (Read More)...
(Read More)Pay Attention to Prohibition on Comp Time for Nonexempt Workers in Private Sector
2023-07-24
Comp time is allowed in the public sector, but private-sector employers are prohibited from offering future paid time off to nonexempt employees in lieu of complying with the overtime requirements of the Fair Labor Standards Act (FLSA). (Read More)...
(Read More)California Employer on the Hook for Expense Reimbursement During COVID-19 Stay-Home Orders: 4 Key Takeaways
2023-07-24
On the heels of a rare win for employers regarding COVID-19 liability, a California appellate court was quick to remind employers in the state that there’s no shortage of pandemic-related requirements still in place. (Read More)...
(Read More)USCIS: Employers Must Switch to New Version of Form I-9
2023-07-21
U.S.Citizenship and Immigration Services (USCIS) announced Friday a new Form I-9—which has been streamlined and shortened—that employers should use beginning Aug. 1, 2023. (Read More)...
(Read More)Unlimited Paid Time Off Policies Are Attractive, But Have Risks
2023-07-21
In this episode of The Workplace podcast, CalChamber employment law expert Matthew Roberts sits down with Bianca Saad, CalChamber vice president of labor and employment for content, training and advice, to discuss unlimited paid time off (PTO) policies. (Read More)...
(Read More)A California Labor Agency Returns, and Employers Will Feel the Impact
2023-07-20
California has re-established the Industrial Welfare Commission (IWC), an agency that can develop strict industry-specific rules that may affect wages, working conditions and workers' rights. (Read More)...
(Read More)OSHA Expands Injury and Illness Reporting Requirement
2023-07-19
More employers will be required to submit workplace injury and illness information under a final rule released by the U.S. Occupational Safety and Health Administration (OSHA) on July 17. The new rule will take effect on Jan. 1, 2024. (Read More)...
(Read More)Protect Workers From Heat Illness During High Heat
2023-07-14
As high temperatures hit California — reaching triple digits in some locations — employers must take steps to protect outdoor workers from heat illness by providing water, rest, shade and training. (Read More)...
(Read More)Tips on Physical Reverification of Virtually Verified Remote Employees
2023-07-14
As was previously reported, employers have until August 30, 2023, to conduct in-person physical verification of identity and employment eligibility documentation for all employees who were onboarded using remote virtual verification between March 20, 2020 and July 31, 2023. (Read More)...
(Read More)Employers May Need to Change Religious Accommodation Policies
2023-07-11
In light of a U.S. Supreme Court decision last month, employers may need to examine and modify their policies on religious accommodations. (Read More)...
(Read More)California Supreme Court Shuts Down COVID-19 Liability Claim from Worker’s Wife: 4 Key Takeaways for Employers
2023-07-10
The California Supreme Court handed employers a win last week by making it clear that they do not have a duty to prevent the spread of COVID-19 to employees' household members. (Read More)...
(Read More)How to Track Family Leave When Workweek Includes a Holiday
2023-07-07
We have an employee that is currently on California Family Rights Act (CFRA)/Family and Medical Leave Act (FMLA) leave and will be using leave during the week of the Fourth of July holiday. (Read More)...
(Read More)How to Avoid Legal Nightmares in Emails and Instant Messages
2023-07-05
Imagine discussing an employee-related legal concern with your boss, in-house counsel or outside labor attorney, only to realize that you wrote something in an email or instant message that could devastate your case in litigation. (Read More)...
(Read More)Sacramento Court Agrees with CalChamber: Privacy Agency Must Wait to Enforce Rules
2023-07-03
On Friday, June 30, the Sacramento Superior Court ruled that the California Privacy Protection Agency (CPPA) must delay enforcement of any individual regulation for a one-year period following the date it goes into effect. (Read More)...
(Read More)U.S. Supreme Court Updates Federal Religious Accommodation Test
2023-06-30
On June 29, 2023, the U.S. Supreme Court unanimously revised Title VII’s religious accommodation and “undue hardship” analysis — the first decision to address the federal religious accommodation test in decades (Groff v. Dejoy, No. 22–174, (U.S. June 29, 2023)). (Read More)...
(Read More)4 Ways to Boost Employee Satisfaction with HDHPs
2023-06-29
High-deductible health plans (HDHPs) have become a mainstay of many employee benefits programs since their introduction in the early aughts. (Read More)...
(Read More)CDPH Updates “Outbreak” Definition, Masking Guidance
2023-06-28
On June 20, 2023, the California Department of Public Health (CDPH) updated its COVID-19 public health order and guidance, changing the definition of “outbreak” in non-health care settings (Read More)...
(Read More)Strategies for Reducing Record-Level Employee Stress
2023-06-28
Employees around the world are as stressed as they've ever been, according to a recent survey of more than 122,000 workers in 160 countries. (Read More)...
(Read More)Mandatory Overtime Impacts FMLA Compliance
2023-06-27
Employers that require overtime hours need to be aware of how the federal Family and Medical Leave Act (FMLA) may apply differently to workers assigned to mandatory overtime. (Read More)...
(Read More)Pregnant Workers Fairness Act Takes Effect Today
2023-06-26
The obligation under the Pregnant Workers Fairness Act (PWFA) to provide reasonable accommodations for known limitations related to pregnancy, childbirth or related medical conditions kicks in today. We've gathered articles on the news from SHRM Online and other media outlets. (Read More)...
(Read More)Timing of Meal Breaks Can Avert Strict Liability for Violations
2023-06-22
Our employees start work at 8 a.m. The owner of the company requires that meal breaks start at 1 p.m. (Read More)...
(Read More)Health Savings Account (HSA) Limits Increase for 2024
2023-06-21
In 2024, the Health Savings Account (HSA) limits, which are indexed for inflation every year, will increase, per the Internal Revenue Service (IRS). (Read More)...
(Read More)Time to Display Revised Workplace Posters
2023-06-20
Due to new rights granted under the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), employers must display a new version of workplace posters. (Read More)...
(Read More)How to Improve Remote Employees’ Well-Being
2023-06-19
Before the pandemic, about 20 percent of HubSpot's 7,000 employees worked remotely. At the end of 2021, the cloud-based software developer, which is headquartered in Cambridge, Mass. (Read More)...
(Read More)Finalization of Regulations Clears the Path for Employers to Complete California Privacy Rights Act Compliance Efforts Before June 30, 2023 Deadline
2023-06-14
After months of uncertainty, the rulemaking process for the California Privacy Rights Act (CPRA), the first-ever comprehensive U.S. data privacy law applicable to human resources data (“HR Data”), concluded on March 29, 2023....
(Read More)Marijuana-Testing Laws Continue to Evolve
2023-06-14
The ongoing flurry of marijuana legislation, court cases and cannabis-based products makes it difficult for HR professionals to craft policies that meet their company's drug-testing needs. (Read More)...
(Read More)COVID-19 Paid Sick Leave Relief Grant Program Begins
2023-06-13
Eligible California small businesses may now apply for a California state program that awards funds for costs incurred from COVID-19 Supplemental Paid Sick Leave. (Read More)...
(Read More)Avoid Recent I-9 Traps that Arise with Remote Hires
2023-06-13
The Form I-9 was born in 1986 but still creates tension between business needs and legal requirements, particularly with remote hires, said John Fay, an attorney and director of product strategy at Equifax Workforce Solutions in Phoenix. I-9 audits by U.S. Immigration and Customs Enforcement (ICE) are another pain point. (Read More)...
(Read More)Annual performance reviews prevent many employees from being engaged and distract companies from keeping agile, according to Joe Rotella, SHRM-SCP, chief value officer at Delphia Consulting LLC in Columbus, Ohio.
2023-06-12
Annual performance reviews prevent many employees from being engaged and distract companies from keeping agile, according to Joe Rotella, SHRM-SCP, chief value officer at Delphia Consulting LLC in Columbus, Ohio. ...
(Read More)How to Motivate Employees Without Money or Promotions
2023-06-08
The reality in many workplaces today is that the best and brightest talent will jump ship if they feel they've topped out on salary or can't expect a promotion anytime soon. (Read More)...
(Read More)Nonwork-Related Death at Work Still Must Be Reported to Cal/OSHA
2023-06-02
An employee died of a heart attack while at work. It was not caused by his employment. Do I have to report this death to the California Division of Occupational Safety and Health (Cal/OSHA)? (Read More)...
(Read More)Job Offer Letters: What to Include and Exclude
2023-06-02
When writing job offer letters, HR must walk the tightrope between welcoming candidates enthusiastically and scaring them off. Here's an overview of what to include in and exclude from the letters. (Read More)...
(Read More)California’s Local Minimum Wage Rates Increasing July 1
2023-06-01
While many California cities and counties increase their local minimum wage rates at the start of each year, several localities implement their local minimum wage rate increases on July 1. (Read More)...
(Read More)Remote Work Associated with Rise in Substance Use Disorders
2023-06-01
"Why don't we do a little day drinking? Blame it on the workday," sings country band Little Big Town in its 2014 hit "Day Drinking." (Read More)...
(Read More)Be Careful When Calculating FMLA Leave for a Week with a Holiday
2023-06-01
Anew opinion letter from the U.S. Department of Labor (DOL) clarifies how employers are supposed to calculate leave under the Family and Medical Leave Act (FMLA) when it's taken during a week that includes a holiday. (Read More)...
(Read More)Using AI in Employment Selection Procedures Guidance
2023-05-31
Artificial intelligence (AI) — once only in science fiction and Hollywood movies — is a prevalent tool today in manufacturing, healthcare, marketing and education. (Read More)...
(Read More)New Guidance Explains Requirements of the PUMP Act
2023-05-26
New guidance from the U.S. Department of Labor (DOL) answers some questions employers might have about complying with break time and space requirements under the federal Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act. (Read More)...
(Read More)Terminating Employee on Workers’ Comp Involves Delicate Decisions
2023-05-22
We are a smaller employer with only 16 employees, and we have an employee who has been on workers’ compensation for more than eight months. Can we terminate his employment? (Read More)...
(Read More)Performance Appraisal Bombshells: Delivering Bad News
2023-05-22
The first rule of performance reviews is that employees should never be surprised by what is said. Assuming that managers are speaking with their reports in real time throughout the year, providing transparent communication and soliciting feedback, (Read More)...
(Read More)Form I-9 COVID-19-Related Flexibilities End July 31, 2023
2023-05-18
The U.S. Department of Homeland Security (DHS) has officially announced that on July 31, 2023, the temporary flexibilities around Form I-9 document inspection (Read More)...
(Read More)EEOC’s Latest AI Guidance Sends Warning to Employers: 5 Things You Need to Know
2023-05-18
Employers using or thinking about using artificial intelligence (AI) to aid with workplace tasks received another reminder from the federal government that their actions will be closely scrutinized by the EEOC for possible employment discrimination violations. (Read More)...
(Read More)IRS Gives Big Boost to HSA, HDHP Limits in 2024
2023-05-17
Thanks in part to persistent high inflation, employees will be able to sock away a lot more money in their health savings accounts (HSAs) next year. (Read More)...
(Read More)Protect Outdoor Workers From Heat Illness
2023-05-17
It’s heating up throughout California — so the California Division of Occupational Safety and Health (Cal/OSHA) reminds employers to protect their outdoor workers from heat illness, which means providing water, rest, shade and training. (Read More)...
(Read More)How to Prepare to Update I-9s Completed Remotely
2023-05-15
Attorneys recommend organizations that have to update hundreds—sometimes thousands—of remotely completed I-9s should create an action plan that includes communication and training.(Read More)...
(Read More)Worker Productivity Is Down. Is Remote Work the Cause?
2023-05-08
U.S. worker productivity year-over-year has declined for five straight quarters for the first time on record. Does that support the arguments made by critics of remote work that traditional, in-person work produces better results? (Read More)...
(Read More)In-Person Inspection of I-9s Due Aug. 30
2023-05-08
Employers will have a few more days to inspect identity and employment authorization documents for their remote employees in person. (Read More)...
(Read More)Employers Should Purge Old I-9s
2023-05-04
Employers often fail to shred old Forms I-9 that are beyond the retention requirement, even though this can lead to compliance liability. (Read More)...
(Read More)What California Employers Should Know When Hiring Minors
2023-05-01
As the temperatures rise, many employers, including those in the retail industry, may be fielding applications from minors looking for summer work. Before hiring applicants under the age of 18, it's important to understand the requirements that apply to that segment of the workforce. (Read More)...
(Read More)Employees May Use Sick/Family Leaves for Designated Person
2023-05-01
My employee requested time off to care for her neighbor who just had surgery. Do I have to grant her request? (Read More)...
(Read More)Expert Advice on Implementing Stay Interviews
2023-04-24
Marshall Goldsmith is a multiple-time New York Times bestselling author and widely considered the world's foremost executive coach. He is not, however, an HR professional (although he told me, "I love HR!"). (Read More)...
(Read More)Watch Out for These FMLA Eligibility Determination Missteps
2023-04-20
Employers often misunderstand the Family and Medical Leave Act's (FMLA's) definition of an employee who is eligible for FMLA leave, and they can't figure out when the worker has a qualifying reason for the time off. Here are some tips on making FMLA eligibility determinations in line with the law. (Read More)...
(Read More)How to Recruit for Hard-to-Fill Blue-Collar Positions
2023-04-17
In a time when more people are going to college and pursuing white-collar jobs after graduation, employers are having difficulty overcoming a shortage of blue-collar workers. (Read More)...
(Read More)Employers Must Explore Reasonable Accommodations for Religious Beliefs
2023-04-12
Religion is one of just two protected classes under California’s Fair Employment and Housing Act (FEHA) — disability is the other — that requires employers to explore and provide applicants or employees with a reasonable accommodation where appropriate. (Read More)...
(Read More)Updated FCRA Consumer Rights Notice Is Required, Now Available
2023-04-04
The Consumer Financial Protection Bureau (CFPB) released an updated "Summary of Your Rights Under the Fair Credit Reporting Act" notice for employers to use before conducting background checks. (Read More)...
(Read More)New Bereavement Leave Requirements for Private, Public Employers
2023-03-27
What are the requirements of California’s new bereavement leave law?...
(Read More)California Changes COVID-19 Isolation Requirements – What Do Employers Need to Know?
2023-03-14
California public health officials just issued updated COVID-19 isolation guidance that at first blush seems to smooth the way for simpler workplace compliance obligations. (Read More)...
(Read More)Tips for Remote Workers to Stay Cyber Secure
2023-03-13
Roughly one-half to two-thirds of U.S. employees work remotely at least some of the time. This trend, spurred in large part by the COVID-19 pandemic, hasn't gone unnoticed by cybercrooks. (Read More)...
(Read More)John Egan
2023-03-06
How many resumes have you read in your life? Hundreds? Thousands? No matter the amount, do you know how to spot a lie on a resume? (Read More)...
(Read More)Is Telehealth Really Saving Money for Employers?
2023-03-03
Along with other virtual services since the pandemic started, there has been an increase in interest and adoption of virtual health care solutions. While telehealth options existed pre-pandemic, they weren't highly utilized. (Read More)...
(Read More)Allen Smith, J.D. February 14, 2023
2023-02-16
On February 15, 2023, the Ninth Circuit Court of Appeals issued a decision in Chamber of Commerce of the United States of America, et al. v. Bonta, et al. No. 20-15291 (9th Cir. Feb. 15, 2023), which invalidates California’s AB 51 (Read More)...
(Read More)California Supreme Court Agrees to Hear Timekeeping Rounding Case
2023-02-15
On February 1, 2023, the California Supreme Court granted a petition to review the California Court of Appeal’s decision in Camp v. Home Depot U.S.A., Inc. In the appellate court’s decision, Home Depot’s neutral rounding policies were considered invalid for timekeeping purposes as the employer used electronic time clocks that recorded punches to the minute. (Read More)...
(Read More)Valentine’s Day: What Employers Should Know About Workplace Relationships
2023-02-14
Over the last four decades, the instances of romances between coworkers have risen and fallen — and then risen again! (Read More)...
(Read More)DOL Explains When FLSA, FMLA Cover Remote Employees
2023-02-14
The U.S. Department of Labor (DOL) issued a field assistance bulletin (FAB) on Feb. 9 to clarify the application of the Fair Labor Standards Act (FLSA) to nonexempt remote workers, as well as the Family and Medical Leave Act's (FMLA's) hours-of-service eligibility requirement for teleworkers. (Read More)...
(Read More)How Employers Are Managing Compensation Challenges in 2023
2023-02-13
With 2023 well underway, many employers are still trying to find the right levels of pay for their employees. The stakes are high: If employers don't get compensation right, they may find themselves losing out on talent. (Read More)...
(Read More)EEO-1 Reporting Will Begin in July
2023-02-13
Employers need to understand that the timeline for submitting their demographic data to the U.S. Equal Employment Opportunity Commission (EEOC) is somewhat different this year. (Read More)...
(Read More)Phishing Attacks: What You Need to Know
2023-02-07
Cybersecurity professionals consider phishing attacks to be the "most dangerous" threat to cybersecurity for their organizations, according to research by Cyber Security Hub, an online news site for cybersecurity professionals. (Read More)...
(Read More)Inflation Caused Many Employees to Stop Saving for Retirement in 2022
2023-02-01
Inflation—which hit a 40-year high last year but has recently shown signs of abating—has taken a dramatic toll on consumers' lives and wallets, affecting nearly every aspect of their finances. (Read More)...
(Read More)When Disasters Strike: Pay, Leave and Related Issues
2023-01-10
Tragic events bring an all-too timely reminder of pay and benefits issues that HR managers should bear in mind. Although it is practically impossible to be fully prepared for any disaster, it is important for employers to be aware of employment laws that may be implicated in such situations. (Read More)...
(Read More)How to Train Young Managers to Supervise Older Employees
2023-01-05
Perhaps no one knows better than HR professionals that the workplace is aging, and teaching younger managers how to work effectively with older employees who report to them is becoming a critical workplace exercise. (Read More)...
(Read More)New Year's Resolutions for HR Departments of One
2023-01-05
Going to the gym more often? Check. Spending quality time with the family? Yep. Learning a new hobby? Sure. Improving the HR department? Of course. (Read More)...
(Read More)Employees Dipping into Retirement Savings
2023-01-04
Financial woes are continuing to impact employees, with scores of workers dipping into their retirement accounts and many more worried about their expenses, savings and financial stress. (Read More)...
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