Is Your Business Staying California Compliant?

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. Take five minutes to see if you are staying compliant in these following areas.

1. When was the last time you reviewed and updated your policies?

If it has been more than 12 months since you last updated your employee handbook, we highly advise you make this a priority, as new employment laws pass every year. There are mandatory policies that California employers must have in writing. Some examples include an anti-discrimination, harassment and retaliation policy (all employers), and a California Family Rights Act policy if you have five or more employees. You can download a list of California’s 2022 handbook updates or purchase a do-it-yourself template.  

Almost every employer in California (regardless of size) is required to have a written COVID-19 Prevention Plan (CPP). While failing to have a written CPP is a common penalty if Cal/OSHA pays you a visit, it is also one of the easiest to avoid. Cal/OSHA has created a sample CPP for employers, last updated in January 2022. Make sure to download and fill out the latest version. You can access it on CEA’s COVID-19 Resources Page here.

2. Have your employees received all California mandated trainings?

If you have five or more employees, then you are required to provide harassment prevention training to your staff within six months of hire, as well as every two years thereafter. Supervisors must receive two hours of training, while everyone else must receive at least one hour. If your employees received training in 2020 or earlier, your employees are due this year. CEA members have free trainings available through CEA University.

Additionally, if you have minors in your workplace, your HR employees and supervisors of minors must receive mandated reporter training, which covers identifying child abuse and neglect, as well as making required reports to law enforcement.

Depending on your industry, you may be subject to additional training requirements, including various safety trainings required by Cal/OSHA. We can help you determine what trainings are required for your business.

3. Are all of your required state and federal notices posted?

California employers are required to post a multitude of up-to-date state and federal notices in a conspicuous location at each worksite where they have employees. Be sure you have the current 2022 employment laws posted, as several required notices changed last year.

Many employers prefer an “all-in-one” State & Federal Employment Labor Law Poster (rather than printing each notice individually). We recommend that you mail hardcopies of the poster to fully remote employees, who never come to the worksite, because employers are not permitted to send all notices electronically. If you have remote employees who occasionally report to the worksite during the year, then you have satisfied your obligations if you display your poster conspicuously at your company.

Remember to post the IWC Wage Order for your industry or occupation(s) in your workplace as well. Download and print your Wage Orders here.

4. Are you following California’s application and hiring requirements?

Are your hiring managers discussing criminal history or salary history in interviews?  California law places many restrictions on employers during the hiring process. For example, inquiring about an applicant’s criminal record, prior to a conditional offer of employment is generally not allowed. Even after a conditional offer has been made, employers must still follow specific procedures before denying an applicant the position based on their criminal history.

California law also prohibits employers from asking about salary history or relying on that information in the hiring process. (Note: You may request an applicant’s salary expectations for the position.) Review your current job application and remove any questions about these topics. It is also important that hiring managers understand they cannot exclude candidates based on protected classifications (whether explicitly or inadvertently).

We recommend that you carefully review your job postings and descriptions. You should ensure that they:

• are an accurate representation of the job’s requirements,
• list all essential functions of the position, and
• clarify whether the position is non-exempt or qualifies for exempt status.
• It is always a good idea to include an at-will employment disclosure and acknowledgment.

5. Do you have a process for maintaining personnel files, documenting performance, and ensuring proper record retention?

As many California employers know, it is critical to have a consistent process for maintaining personnel files, documenting performance issues, and retaining records, as required by law. Notably, this year, SB 807 expanded record retention requirements from 2 years to 4 years for many documents, including applications, personnel files, and employee referral records. Be sure that you have an organized system for record retention. Ask us for a copy of our record retention cheat sheet to help you out.

Let CEA do the work, so you can run your business!

We have a team of HR experts available to assist with these services and conduct a comprehensive HR audit for your business. When you need one-on-one guidance administering a leave of absence, ensuring wage and hour compliance, or tackling tricky employee relations and retention issues, we are here to partner with you and identify areas for growth. We offer practical solutions with a customized action plan.

CEA members call us all the time, at no charge. Not a member? You should be – call 800.399.5331 to learn more about our team of HR Advisors. With expertise in white and blue-collar environments, employment defense and litigation, regulatory compliance, union relations, and bilingual work settings, we’re here to provide employers with peace of mind!