Employer's Report: Employers Report Post

Posted by Kim Gusman, President & CEO on May 1, 2024

Tags: Employers Report

One of my friends recently made the decision to sell her home of 20 years, and downsize into a smaller home in a beautiful new retirement community. Before making the decision she was consumed with anxiety, fearful that she might not be making the right decision. After ruminating for several weeks, listing all of the pros and cons, consulting with her financial advisor, and processing with family and friends, she was finally able to make a decision, drop off a check, and turn her anxiety into excitement.

According to ComPsych, a mental health provider, my friend is not alone. Nearly a quarter of the 300,000 people who reached out for mental health assistance in 2023 did so to get help with anxiety. Richard Chaifetz, founder of ComPsych, said the rise of anxiety isn’t particularly surprising considering the series of stressful occurrences over the past few years.  “From the pandemic to ongoing conflicts in Gaza and Ukraine, civil unrest, an unpredictable economy and increasingly polarized political rhetoric surrounding elections, there is a persistent underlying feeling of apprehension and worry,” he said.

ComPsych also reported that employee leaves of absence for mental health issues are up a staggering 300% from 2017 to 2023. We all have to make thousands of decisions each day, at work and at home, so it’s important that we find ways to reduce anxiety for ourselves and our employees.

Tips to Relabel Anxiety As Excitement

An article in Forbes suggests one solution that may help out some of the time. The article, which I will briefly recap, explains how feelings of anxiety are nearly the same, physiologically, as the feelings of excitement. These feelings are different, however, they both produce an elevated heart rate and butterflies in your stomach, because your body is readying itself for action. However, excitement is connected to the emotion of joy, while anxiety stems from fear. When we feel stressed out, or out of control, it’s important to distinguish what we are feeling and why. It’s not healthy to operate our life from a place of fear and survival, if we can instead operate from a place that allows us to take advantage of opportunities and possibilities, such as when we are excited.

Our emotional intelligence can identify the triggers of excitement versus anxiety and allow us to determine how to respond to a situation. Instead of living life on automatic, we can use our feelings for positive change. And, good news, in many instances, we can turn our anxiety into excitement!

In a recent study conducted by Alison Wood Brooks, a Harvard professor, people who tried to convert their anxiety into excitement performed better than those who didn’t. The study asked people to speak out loud before having to perform or speak in public. They were asked to announce whether they felt anxious or that they felt excited or they said nothing at all. The study found that those who said they were excited performed better than the others. Thus, positive self-talk is good for us. By changing the way we think, we can change the way we feel. Here’s how:

Practical Steps  

• Take a moment to think about your situation.
• Tell yourself out loud that you are excited.
• Focus on positive outcomes.
• Alter your diet.
• Don’t calm down.
• Take time out to relax.

Check out the full article to dive deeper on these bullet points. If you found this information interesting, CEA has an Emotional Intelligence workshop that will heighten your awareness and allow you to identify the feelings that lead to anxiety and excitement. By relabeling anxiety as excitement, you access a source of energy that you can harness to achieve your goals and further your personal and professional development.

Here’s to an exciting May for you all!

Posted by California Employers Association on April 1, 2024

Tags: Employers Report

This month we’d like to introduce you to two more people who help improve the experience for all CEA members! Shadi Kanaan, Executive Director of the Santa Clara County Dental Society recently joined CEA’s Board of Directors; and Karen Smith Olson, CEA’s Vice President of Sales & Marketing.

Shadi Kanaan, Executive Director, Santa Clara County Dental Society, CEA Board Member

1. How long have you been with CEA?

I am a recent addition to the Board of Directors, but the Santa Clara County Dental Society (SCCDS) has been a CEA member since 2011.

2. What advice would you give to someone who is just starting their career?

Do EVERYTHING. Don’t limit yourself to what is in your job description.

3. What is something that most people don’t know about you?

I run one of the largest Youth Basketball Programs in Northern California, Youth Basketball Academy in Rocklin (with 70+ youth teams from 2nd grade to Varsity for boys and girls teams)

4. What is your favorite quote, motto, or words you live by?

You miss all the shots you don’t take.

5. What’s one thing on your bucket list?

To eat an authentic Philadelphia Cheesesteak in Philadelphia, PA!

Karen Smith Olson, Vice President, Sales & Marketing, CEA

1. What has been your favorite project at CEA so far?

Developing a search marketing strategy so that the services CEA offers can be found by the businesses who need them.

2. When you are at work, how do you motivate yourself?

Through collaboration. Working within a team there is always the opportunity to learn something new.

3. What’s the best piece of advice you’ve been given?

Don’t be afraid to fail, just fail fast and cheap.

4. Where did you grow up?

Olathe, Kansas. It’s a suburb of Kansas City.

5. What one thing on your bucket list?

To go on safari in Africa.

Posted by Giuliana Gabriel, J.D., HR Compliance Director on April 1, 2024

Tags: Employers Report

Pay data reporting deadlines are just around the bend. Is your company required to report your pay data to the Civil Rights Department (CRD) and/or the Equal Employment Opportunity Commission (EEOC)?

California law requires private employers of 100 or more employees and/or 100 or more workers hired through labor contractors to annually report pay, demographic, and other workforce data to the CRD.

For 2024, the deadlines for 2023 data are as follows:

• California’s CRD: May 8, 2024
• Federal EEOC: June 4, 2024

California’s CRD has some important announcements for upcoming reporting. Key updates include:

• New versions of the pay data reporting Excel templates, CSV examples, user guide, training slides, and portal are available at: calcivilrights.ca.gov/paydatareporting.
• Frequently Asked Questions can be found here
• In 2023 the Pay Transparency Act in California (SB 1162) also added the following requirements:
  • Employers with 100 or more workers hired through labor contractors in the prior calendar year (with at least one worker based in California) must file a separate Labor Contractor Employee Report that covers workers hired through labor contractors in the prior calendar year.
  • Employers must additionally calculate and report mean and median hourly rates.
  • The bill also increased penalties for non-compliance, up to $100 per employee for any employer who fails to file the required report, and up to $200 per employee for subsequent failures.

Need a refresher on coverage and requirements? Keep reading below!

Why is Reporting Required?

The purpose is to ensure employers are paying people fairly based on their skills and contributions, and not discriminating based on race, ethnicity or sex. The report consists of a “snapshot” of one pay period of pay data identifying the number of employees by race, ethnicity, and sex who work in different job categories. The employer may choose any one pay period between October 1 and December 31 of the prior year.

How Do We Gather Information?

The CRD states: “employee self-identification is the preferred method of identifying race/ethnicity information. If an employee declines to state their race/ethnicity, employers must still report the employee according to one of the seven race/ethnicity categories, using (in the following order): current employment records, other reliable records or information, or observer perception. CRD recognizes the risk of inaccurate racial identification based on observer perception alone; this method should only be used after making a good faith effort to obtain race/ethnicity information from the employee or from other reliable records.”

Yes, you read that correctly. The CRD says that the last resort to obtain this information is through observer perception (meaning make your best guess) yikes! Here is a sample form for employees to voluntarily self-identify.

Need Assistance?

If you need assistance with the process of compiling and performing the required calculations in preparing to submit your pay data reports, the best bet is to consult with an employment law attorney. View CEA’s attorney partners.

CEA is here to answer our members’ general questions related to information about pay data reports. Call us at 800-399-5331 or email at ceainfo@employers.org.

There are many nuances related to both the CRD and EEOC (EEO-1) reporting. Please visit the CRD FAQs and/or the EEO-1 home page to learn more about pay data reporting requirements.

Posted by Giuliana Gabriel, J.D.. HR Compliance Director on April 1, 2024

Tags: Employers Report

As a reminder, fast food chains must implement the new minimum wage of $20/hour, effective April 1, 2024, and post the Supplemental Required Poster in a conspicuous location in the workplace. Read more about AB 1228 in our previous blog article here.

New Developments

The Department of Industrial Relations provided much-needed clarification to some unanswered questions in the law, in their Frequently Asked Questions updated March 2024. Key highlights include:

• The law applies to all “limited-service restaurants” that are part of a chain of at least 60 establishments nationwide. The FAQs clarify that an establishment is a single restaurant location offering food or beverages to customers. Business locations performing only administrative, warehouse, or food preparation work are not counted as “establishments” toward the 60 establishment minimum.
• AB 1228 applies to employers of “fast food restaurant employees” regardless of whether the employer is the business entity that owns the national brand or a franchisee or licensee of that national brand.
• In describing the term “immediate consumption,” the DIR notes: Typically, customers at a fast food restaurant will eat at a table inside or outside the restaurant, in their car, or as soon as they get back home or to work with their order. Food sold to be baked, cooked, or heated at home is not for immediate consumption.
• The term “primarily engaged in” means the business earns more than 50% of its gross income from selling food or beverage items that are for immediate consumption.
• For example, if a fast food pizza restaurant earns 30% of its revenue from “take and bake” pizza to be baked at home, but earns 70% of its revenue from sales of fully-cooked food and beverages for immediate consumption, the restaurant is primarily engaged in selling food and beverage for immediate consumption and would be covered by the new law (provided no other exemption applies).
• If you have a fast food restaurant that is located inside another store (e.g., a McDonalds inside a convenience store), and you have an employee working for both the fast food restaurant and the convenience store, the DIR provides an example clarifying that the fast food minimum wage applies only to “hours perform[ed] in the fast food restaurant.” (This example assumes that the employer does not meet the grocery store exemption outlined in AB 1228.)
• To qualify as an exempt employee at a covered fast food restaurant, the employee must earn two times the fast food minimum wage. That is, $83,200/year.

Next Steps

If this change applies to you, make sure you have taken the following steps to ensure compliance:

• Upon the effective date, update your payroll system
• Notify your affected employees within seven calendar days of the change (or earlier). Employers may do this by updating the Wage Theft Form and retaining a copy for the employee’s personnel file.
• Ensure your wage statements reflect the correct pay rates, including overtime rates.
• If the change impacts your pay scales, including for job postings, be sure to update those as well.
• Consider any personnel restructuring and/or shift adjustments as needed.

Posted by Astrid Servin, PHRca on April 1, 2024

Tags: Employers Report

When employees are spoken to in a language they comprehend they feel more valued, respected and appreciated at work. This generally results in increased productivity, loyalty and contribution to your company culture.

If you have hired employees who prefer to communicate in Spanish, it is imperative that your human resources services be translated into the language they best understand, not only as a courtesy, but because it can lower your Company’s liability during an employee dispute. In fact, if 10% or more of employees speak a language other than English, California employers are required to have certain policies translated for those employees.

CEA takes pride in offering specialized human resources services in Spanish, designed to meet the specific needs of your company. Our highly trained HR team can communicate directly with your employees and with leadership in Spanish or in English-whichever is their preferred language. We understand that privacy is essential in human resources, so we are committed to ensuring that all interactions are treated confidentially and in compliance with relevant regulations.

Whether in person or through our virtual training platforms, we are prepared to:

• Draft your employee handbook- purchase one in English and receive half off of a Spanish handbook
• Conduct internal investigations
• Create human resources policies or other documents
• Conduct individual or staff meetings
• Train your staff with compliance or essential skills training sessions
• Provide required Harassment Prevention Training

CEA members already have access to certain Spanish documents under our HR Forms section. In addition, we have several other resources to help you with everything from Mandatory New Hire Notices to Reasonable Accommodation Requests.

CEA University also provides members and their employees with an extensive content library in several different languages. Visit our Spanish Services section of our website to see how we can support you every step of the way.

Posted by Eli Nunez, HR Director on April 1, 2024

Tags: Employers Report

Ever since the Governor signed SB 553 in September 2023, employers have been eagerly awaiting guidance from Cal/OSHA, including a template Workplace Violence Prevention Plan (WVPP). Good news: Cal/OSHA published a model WVPP for general industry employers, and other resources, well before the July 1 deadline.

On March 1, Cal/OSHA and the DIR released the following resources:

• Fact Sheet for Employers
• Fact Sheet for Employees
• Fact Sheet for Employers in Agricultural Operations
• Fact Sheet for Employees in Agricultural Operations

And the long-awaited:

• Model Workplace Violence Prevention Plan

Who Does SB 553 Apply To?

The WVPP requirement applies to all California employers unless they are specifically exempted. The exemptions include:

• Employers already covered by the WVPP in Healthcare standard (or employers that already comply with that standard);
• Facilities operated by the California Department of Corrections and Rehabilitation and law enforcement agencies;
• Employees teleworking from a location of their choice that is not under the control of the employer;
• Places of employment that are not accessible to the public and have less than 10 employees working at any given time, so long as they have a compliant IIPP.

Important Deadlines

The law takes effect on July 1, 2024. At that point, employers must have taken all steps necessary to create, implement, and maintain a WVPP. Employers should not wait until the last minute because there are some potentially time-consuming requirements, including:

• Getting input from employees (and union representatives) when creating the plan
• Developing procedures to respond to and maintain records of workplace violence incidents
• Training all employees and supervisors

Employers should also be aware that Cal/OSHA has until December 31, 2025 to propose a general industry workplace violence prevention standard, and until December 31, 2026 for their Standards Board to adopt said standard. This does not mean that employers should wait for more clarification-Cal/OSHA will begin enforcing the requirements as of July 1 of this year!

If you would like additional information, CEA has developed a WVPP Fact Sheet and a sample Violent Incident Log to help comply with SB 553’s record-keeping requirements.

More questions? Members call us or email us at no charge: 800.399.5331 or CEAinfo@employers.org

Posted by California Employers Association on April 1, 2024

Tags: Employers Report

On July 10, 2023, California adopted Senate Bill (SB) 131 to update requirements for employers to notify their employees that they may be eligible for the earned income tax credit (EITC). Employers must comply with these new notification requirements beginning Jan. 1, 2024. Be sure to speak with your payroll provider, controller, tax professional, or the Employment Development Department. 

EITC Notification Requirement

Under the law, employers must notify all employees that they may be eligible for the federal and the California EITC. Existing law provides the form and manner of notification by employers and state agencies. The requirement applies to any California employer that is subject to and is required to provide, unemployment insurance to their employees, under the state’s Unemployment Insurance Code.

Notification Updates

SB 131 requires employers to notify all their employees that they may be eligible for VITA, CalFile, and other state and federal antipoverty tax credits, including the federal and the California EITC. This notification must take place within one week of when employers provide an annual wage summary, including, but not limited to, a Form W-2 or a Form 1099, to any worker.

Employers will also need to send a second notification to all employees during March of the same year.

Notification Delivery

Employers may provide these notifications by handing them directly to their employees, mailing them to their employee’s last known address, or electronically. Under the law, employers cannot comply with notification requirements by posting a notice on an employee bulletin board or sending it through office mail. However, these notification methods are encouraged to help inform all employees of VITA, CalFile, and state and federal antipoverty tax credit eligibility, including the federal and the California EITC.

You can download a EITC notification template. For more forms and fact sheets, visit our HR Forms page.

More questions? Members can contact us at 800.399.5331 or CEAinfo@employers.org

Posted by Kim Gusman, President & CEO on April 1, 2024

Tags: Employers Report

March was an interesting month for me. I kicked it off with a visit to a local emergency room and about 15 hours later had emergency gallbladder surgery. For those of you reading this who’ve had a similar experience, I salute you-it’s not fun. But the initial agony eventually turned into a gift after the gallbladder was gone. My oldest daughter flew in from Austin, TX to help me recuperate and to give my primary caretaker (my hubby) a break. And, I was overwhelmed with the amount of well wishes, homemade soups, and flowers I received from family, friends and coworkers.

My parents were frequent visitors; happy to see their granddaughter and learn more about her life and adventures. My daughter and her husband have embraced the music scene in Austin and love to camp, hike and travel the world. They are in their 30s and are genuinely concerned about the planet and politics and giving back to others. Having three generations of family together, it was great to share stories and know that my daughter is living her life to the fullest. At one point my Dad said to his granddaughter, “hang on to that Brass Ring as long as you can sweetie.” A puzzled look crossed her face, but she just smiled and hugged him.

Later on my daughter asked me, “Mom, what was Papa talking about when he said hold on to the brass ring?” I gave her a quick explanation about how I thought the quote means that you’ve reached the top or you’ve got the prize.  She remarked she’d never heard that comment, so looked it up to see where that quote came from.

Per the internet, Grabbing the brass ring means striving for the highest prize (especially a championship ring in sports), or living life to the fullest. Apparently carousels once had a small arm that extended toward riders which dispensed iron and brass rings. If someone was able to grab a brass ring-he or she won a prize. Hence, “going for the brass ring” means going for an outstanding, once-in-a-lifetime opportunity that suddenly comes up. It is not clear when the phrase came into wide use but has been found in dictionaries as far back as the late nineteenth century.

During my two week recovery I was forced to slow down my normally hectic pace in order to heal. As I rested, I had more time to reflect on my life. I am a self-acknowledged workaholic, but I am passionate about what I do. My work gives me purpose and lots of wonderful opportunities to meet incredible people. But I also realized during my time off, as I received phone calls and visits, and gifts how many friends and relationships I have formed and nurtured over the years. I think I will call my daughter and let her know, that I am feeling very grateful because I’ve grabbed a brass ring, too!

Here’s to a Healthy and Happy Spring!

Posted by [Add the Author Here] on March 1, 2024

Tags: Employers Report

This month we’d like to introduce you to two members of California Employers Association’s marketing team that work to keep you informed of what’s happening at CEA! Meet Sara Curtis, Creative Marketing Specialist, and Ana Manzano, Digital Media & Event Strategist.

Sara Curtis, Creative Marketing Specialist, CEA

1.What was your first job?

I was a nanny for my cousin’s two boys during my first few years in college. I loved getting to spend so much time with them while they were toddlers. My first graphic design job was a paid internship with The Federal Technology Center. It was such an amazing experience and really showed me that a small team of people can make a huge impact.

2. Where did you grow up?

I was born and raised in Redwood City, California.

3. What has been your favorite project at CEA so far?

Each project has a different need and I enjoy the challenge of creating something that helps get the word out about our services in a beautiful and easily understood way. I also really like working with the hotlines to create their marketing materials.

4. What, if anything, are your currently binge watching or reading?

I am inspired by the creativity of other people in all it’s forms-so I really love competition shows that are centered around creative outlets. Shows like Blown Away, The Great Pottery Throw Down, and Full Bloom are so much fun to watch. I also love cooking shows, especially Tournament of Champions.

5. What’s one thing on your bucket list?

I would love to take a family history trip to Italy and Germany. I’ve been working on learning more about those branches of my family tree and it would be so rewarding to get to walk around the same places my ancestors did.

Ana Manzano, Digital Media & Events Strategist, CEA

1. What has been your favorite project at CEA so far?

Redesigning our extensive collection of compliance and essential skills trainings. It’s been rewarding to see our HR Experts’ work delivered to our members and network of employers in a fresh way. Looking forward to producing our upcoming video series!

2. What was your first job?

My first (and second, and third) jobs were in restaurants! I worked as a server and bartender for many years, which quickly taught me conflict management, effective multi-tasking, quality control, and clear communication. I learned that overall, people just want to be heard. And that eye contact and a genuine compliment can make someone’s day.

3. What’s one thing on your bucket list?

I’m first generation Filipino-American, and my goal is to return to the Philippines with my family to explore the humble, beautiful country my grandparents spoke so fondly of. I got a little taste of it in 2010, but it’s time to return!

4. What’s your favorite quote, motto, or words you live by?

Long term goal = Short term habits. I’m a big believer in small, consistent action over time. Deciding to run an ultra-marathon tomorrow on a whim is intimidating (and unsafe); but jogging a quarter mile further each day for a year allows you to push yourself just beyond your comfort zone, track your progress, and confidently build up your endurance.

5. What advice would you give to someone who is just starting their career?

Never stop learning! Whether it’s professional development courses, independent reading, or linking up with an accountability group, there is always opportunity to grow. Also: Take care of YOU first. Pursuing a career milestone shouldn’t mean putting yourself at the bottom of the list. This is a big part of why I love being a part of the CEA team. Our overall wellness is a priority, and we show employers how to implement the same ethos into their own companies.