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Cal/OSHA Posting Reminder—February 1

Posted by Giuliana Gabriel, Vice President of Human Resources on February 13, 2025

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This is your reminder that California employers must post their 2024 annual summary of work-related injuries and illnesses via Form 300A in a visible and easily accessible area at each worksite. Employers must complete and post this form from February 1 through April 30 each year, even if no work-related injuries or illnesses occurred. After April 30th, Form 300A may be taken down, but must be kept on file for a minimum of five years. Cal/OSHA offers an e-tool for employers as well.

Information on Form 300A

Employers must prepare a summary of the prior year’s (i.e., 2024) illnesses and injuries for each establishment. Employers should create this summary based on Form 300, which is the employer’s log of every recordable injury and illness. “Recordable” injuries and illnesses include those that are work-related and involve one of the following:

  • Medical Treatment Beyond First Aid;
  • Restricted Work Activity or Job Transfer;
  • Days Away From Work;
  • Loss of Consciousness; or
  • Death

*Note: Employers with fewer than 10 employees or whose organization is classified in a specific, low-hazard category (found in Table 1, Appendix A, Section 14300.2) are exempt from the recording requirements.

Many large employers in California must also comply with the requirements for electronic submission of workplace injury and illness records by March 2nd each year. This includes:

  • All establishments with 250 or more employees, unless specifically exempted by section 14300.2 of title 8 of the California Code of Regulations; or
  • Establishments with 20 to 249 employees in the specific industries listed in Appendix H of Cal/OSHA’s regulations regarding occupational injury and illness records.

Learn more about electronic posting requirements here.

Certification of Form 300A

Before you post your Form 300A, the annual summary must be certified by:

  • An owner;
  • A corporate officer ;
  • The highest-ranking person at the establishment; or
  • The immediate supervisor of the highest ranking person at the establishment.

Don’t forget about your other workplace posting requirements, including mandatory state and federal notices! Order your all-in-one Labor Law Poster on CEA’s store today.

When ICE Shows Up at Your California Business

Posted by Eli Nuñez, HR Director on February 6, 2025

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From the first day of Donald Trump’s candidacy for reelection, cracking down on immigration was a focal point of his campaign. Under his previous administration, the president vowed to build a wall to keep out undocumented immigrants. Now in his second term, he has signed executive orders aimed at implementing an aggressive immigration enforcement agenda including mass deportations. Employers in California and other sanctuary states are likely to see an uptick in immigration enforcement.

The San Francisco Standard reported Kern County and its surrounding areas have been subject to Immigration and Customs Enforcement (ICE) unannounced raids as early as mid-January 2025, with agents reportedly targeting workers at stores, gas stations, and along the Highway 99 corridor. Employers should be prepared for these actions as well as noticed audits of their I-9s.

Notice of I-9 Inspection (NOI)

Federal law requires that every employee on your payroll have an I-9 form on file proving their authorization to work in the U.S. These forms must be completed within three days of an employee’s hire date. A government audit of an employer’s I-9s starts with a Notice of Inspection (NOI), typically giving the employer 3 days to provide its records. Penalties for violations, including document deficiencies, can be steep.

Once the government NOI is received, California employers have additional obligations to their employees. Employers must post a notice for the employees within 72 hours of receiving the NOI in the language the employer usually uses to communicate with employees.

If the inspection of employee records results in ICE identifying an employee as potentially lacking proper work authorization, or having deficiencies in their documentation, the employer must provide the employee, a copy of the government findings relating to the employee, as well as other information within 72 hours. The notice must be physically given to the employee at the workplace or, if this is not possible, by mail and/or email.

Employers who operate in a union environment must also provide a copy of these notices to the employee representatives within the same timeframe.

CEA members can learn more about their I-9 obligations and audit notice requirements in our Recruiting and Hiring Tool Kit, I-9 Self Audit Tool Kit on our HR Tool Kits page, and the I9/Employee Records Government  Inspection Fact Sheet on our HR Forms page.

Workplace Raids

A workplace raid will present a much different scenario. In some cases, ICE may be accompanied by other agencies or appear in large numbers. This shock and awe approach may be unnerving and disrupt the workplace. The best thing an employer can do if they feel at risk of a visit is to have a plan in place.

The plan should address:

  1. Who needs to be alerted if ICE shows up or a notice is received? Management, legal counsel, employee representatives?
  2. Who is authorized to speak to law enforcement agents on behalf of the company?
  3. What information should be gathered from the agents? (agency, names, badge numbers, cards, etc.)
  4. Is there a place for the agents to wait, such as a conference room or office, that will limit workplace disruptions?

Putting the plan into action:

  1. Stay calm. Be professional and limit your answers or comments.
  2. Agents should present a warrant. Review the warrant carefully to ensure its validity and scope. You can deny access to nonpublic areas of the workplace and refuse to turn over documents that are not covered by the warrant.  Consult legal counsel.
  3. Cooperate, but do not volunteer or provide information beyond what is required. Maintain privacy by limiting conversations in public areas and not leaving documents or screens out in the open, etc.
  4. Document, Document, Document: take names and badge numbers or ask the agents for their business cards. Take note of how many agents were present and if any other law enforcement agencies accompanied them.

Resources for Employees

Employees who are fearful of ICE may not be ready to ask for help. There are still some steps you can take:

  1. Make sure all your employees’ contact information and emergency contacts are up to date. Should one of your employees happen to be caught up in an immigration raid, you want to be able to reach their designated contact. This may be the person to care for the employee’s family in their absence or contact legal counsel on their behalf.
  2. Make sure employees know their rights. The State of California’s Office of the Attorney General and Civil Rights Department have resources for California’s immigrant communities, including information on rights and protections and access to free and low-cost legal assistance. The American Civil Liberties Union also maintains a page, both in English and Spanish, informing employees of their constitutional rights.
  3. Perform an I-9 audit to address issues in advance of an audit or raid and present clean, organized, and complete I-9 files should the need arise.

CEA has partnered with Cascade Employers Association to offer a FREE 2025 USCIS Immigration Employment Guide available to all employers.

Harassment and Discrimination Concerns

Campaign promises and political rhetoric may find their way into the workplace.  With increased focus on immigration enforcement and the declaration of a “national emergency” at the southern border, disagreements can lead to heated arguments, or worse, violation of your harassment and discrimination policies and/or the law. The best way to combat this is to ensure that your harassment policy is communicated and training is up-to-date. Your policy should include all the protected classes and your employees and supervisors should have gone through their training within the last two years. New hires and recently promoted supervisors should be trained within six months of their hire or promotion while seasonal or temporary employees must be trained within 30 calendar days of hire or 100 hours worked, whichever occurs first.

CEA can assist your company with I-9 audits, Harassment Prevention Training, and other resources. Give us a call at 800.399.5331 to get started.

Kim’s Message: How Will You Thrive in 2025?

Posted by Kim Gusman, President & CEO on February 1, 2025

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For the first time in many years, I didn’t make any New Year’s Resolutions for the year ahead. Apparently I wasn’t alone, as I recently read that the majority of people who make resolutions fail to follow through on them because they often require us to change something we do naturally. In fact, Baylor College of Medicine reported that 88% of people who set New Year’s resolutions failed before the end of January.

So, this year, instead of making drastic changes, I am going to focus on playing to my strengths. I’ve long been a believer in the CliftonStrengths (Strengthsfinder assessment by Gallup), having taken my first one when I contemplated leaving a career in manufacturing. Years later I took the assessment again following a painful divorce. Gallup has scientifically proven that when I spend more time investing in and nurturing my natural talents I am more likely to grow, succeed and thrive! Now this doesn’t mean I’m going to overlook the areas where I need to improve (being a better listener, being more patient, etc.), but I do know that whenever I lean more into my strengths, it benefits me as well as those around me. When I focus on my natural gifts, I am more productive and make more impactful contributions to the CEA team as a whole.

At CEA every employee takes a StrengthsFinder® assessment during the new hire orientation. The new employee learns more about their top five strengths and the rest of our team can quickly tap into their talents. We’ve also created a grid that lists all of our team members, broken down into four domains: Executing, Influencing, Strategic Thinking, and Relationship Building, to make sure we have the right people in the right positions.    

People’s strengths may change over the years a bit, based on where they are at in life, however, there a few core talents generally remain the same. Over the years, my top five strengths have fluctuated a bit, but two or three are always there. My current top five strengths serve me well in my role as CEO of CEA: 

  • Input: I’m a curious person who wants to know more and is constantly acquiring information, facts and knowledge.
  • Woo: I’m energized by meeting new people and enjoy having the opportunity to build a rapport with the new people I meet.
  • Communication: People with dominant Influencing themes like Communication take charge, speak up and make sure others are heard. 
  • Positivity: People in this “theme” generally have contagious enthusiasm. They are upbeat and can get others excited about what they are going to do.
  • Responsibility: I take psychological ownership of what I say I will do. And, I am committed to values such as honesty and loyalty.

We are fortunate to have two (2) Certified Coaches on our team who work with our staff and hundreds of employers across California, to leverage personal and collective strengths and drive success. 

Find Your Natural Strengths

Join us on February 12, 2025 for Know Your Strengths to Thrive in 2025, a two-hour webinar to learn more about your top five talents. Over 31 million people have already taken the CliftonStrengths® assessment (StrengthsFinder®), to elevate their organizational performance and foster a positive workplace culture. 

Want to create greater career satisfaction for your team?  We can work with your team onsite or virtually to help make meaningful changes, instead of New Years’ Resolutions so that we all Thrive in 2025!

Love is a Disrupter: Navigating Workplace Romance

Posted by Astrid Servin, PHRca, HR Director on January 30, 2025

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Project deadlines, work responsibilities, and commitments are all part of our daily jobs, but office romance can sometimes disrupt the focus needed to meet those expectations. Given how much time we spend at work, it’s no surprise that office romances happen. Knowing how to navigate these situations and being prepared when Cupid strikes can help prevent unnecessary heartaches and workplace challenges.

Compliant Policies

CEA recommends having a Dating in the Workplace policy that directs employees to notify their supervisor when a relationship begins and reminds them to conduct themselves in a professional manner during and after a relationship. Should the consensual relationship end, it directs employees on how to behave and where to report incidents that make them uncomfortable.

Did you know that the Civil Rights Department (CRD) requires employers to have a compliant harassment prevention policy? This policy reviews many important areas such as unacceptable behavior, gives examples of abusive conduct, addresses protected classes, and directs employees on how to report incidents that make them uncomfortable. CEA Members can access your policy on the HR Forms page.

Poster Requirement

The CRD also publishes and requires employers to post an anti-harassment poster in a conspicuous place where employees gather. The poster includes websites and phone numbers to report harassment outside of your company. Visit the CEA store to purchase your poster.

Training Requirement

In California, the Fair Employment Housing Act (FEHA) requires employers to provide one (1) hour of training for employees and two (2) hour of training for managers every two years. New employees should receive their training within six months of being hired. Having this compliance requirement in check will remind employees about acceptable behavior both in and out of work. It will also help train your managers on spotting problems or concerns and addressing them timely.

Prevention

As required by law, employers must take steps to prevent harassment from occurring in the workplace and take immediate action to correct it when it occurs. Training, policies, posters, and open-door policies are all great ways to show prevention. In addition, CEA recommends frequently checking in with employees, having an anonymous Employee Action Hotline, and having conduct policies in place.

While we all hope for workplace romances to remain positive and drama-free, it’s always a good idea to be prepared. If you need assistance with employee surveys, an Employee Action Hotline, crafting a policy, or even a comprehensive CA complaint handbook template, don’t hesitate to reach out to CEA.

Member Benefit Highlight + Upcoming Events

Posted by California Employers Association on January 30, 2025

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CEA Member Benefit Highlight: HR Forms & Tool Kits

If you have read the other articles in this month’s newsletter or scanned through a recent blog article, you are probably familiar with out HR forms page. This important page of the CEA website includes hundreds of forms on topics ranging from benefits, PTO, leaves of absences, harassment, pay and much more. While some forms are available to the public, there are many useful forms that are available exclusively to CEA members.

If you are looking for something a little more robust that a singular form, HR Tool Kits may be what you are looking for. CEA’s HR Tool Kits are all-in-one guides with required & recommended forms, to help you provide the appropriate information, as well as the documents you need. And as always, our HR Directors are available to assist with any questions you have.

 

 

 

I-9 Self Audits and Best Practices

Posted by Kim Gusman, President & CEO on January 29, 2025

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With the new Trump administration now in place, U.S. immigration is expected to be a top priority. Immigration and Customs Enforcement (ICE) is expected to dramatically ramp up I-9 audits this year as they are the most common type of immigration worksite enforcement. Employers should review their Form I-9 compliance now and be prepared for potential I-9 audits.

I-9 Basics

Every employee on your payroll must have an I-9 form on file to prove their right to work in U.S. These forms must be completed within three days of an employee’s hire date. Sometimes employers inadvertently make mistakes on the forms, such as failing to complete the I-9 forms fully, incorrect dates, or not having the proper documentation necessary. Even if you use electronic forms, you should audit your process and forms to ensure compliance.

Employers in certain industries, such as agriculture, manufacturing and construction are often more likely targets of these audits. Violations can vary from $2789 per violation for an error on each form, to more than $27,000 and/or prison time for knowingly employing an unauthorized worker.

A California law requires employers who receive notice of a federal agency’s inspection of I-9s (or other employment records) to provide notice within 72 hours to employees and their collective bargaining representative (if any). Notice to an “affected employee” and their collective bargaining representative (if any) is also required within 72 hours of the employer receiving notice that the agency has identified an employee as potentially lacking work authorization or having document deficiencies. For further details on the required contents of these notices and related templates, CEA Members can access our Employee Records Government Inspections Fact Sheet on our website.

I-9 Self Audit Best Practices   

  • Update your new hire orientation/onboarding paperwork with the new Form 1-9 now, available on the USCIS website. (Last updated August 1, 2023)
  • If you need a new hire packet with all required documents for hiring an employee in California, visit the CEA store.
  • Provide the form and instructions to the new employee during your new hire orientation/onboarding process, either in print or electronically.
  • Employees get to decide which forms of identification they want to present as proof. The employer can only show them the page that lists the acceptable documents and remind them they either need one from List A -or- one from both Lists B and C.
  • Employees must present their unexpired documentation within 3 business days of starting work for pay. If they don’t or can’t present you with ALL the documents needed to complete the form by that time, the employee must stop working until they can provide you with the correct documentation.
  • Employers must review the employee’s documentation in their presence. While not required, some employers choose to take a copy of the documents presented to prove that they were received, but it’s not required unless you participate in E-Verify.
  • Be familiar with your employee notice obligations in connection with government I-9 inspections.

Self audits provide an opportunity for you to correct your practices and errors. When questions arise during a self-audits, give us a call and we can walk you through the best way to correct errors. Members can log in and then access the I-9 Self Audit Toolkit on our website.

California Paid Sick Leave Tips for Cold and Flu Season

Posted by Giuliana Gabriel, Vice President of Human Resources on January 29, 2025

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If you have kids in school, you may agree that it feels like they are walking petri dishes whenever they return to class after a break, bringing home various colds and flus. This past month, our house was no exception and validated my personal belief that in January, every day feels like a Monday.

Although January is now behind us, we are still in cold and flu season until the weather starts to warm. At the beginning of the calendar year, many employers also reset sick leave banks, which means you may see an uptick in leave requests in the first quarter of the year. With that in mind, it is a good time for employers to refresh themselves on California Paid Sick Leave (PSL) rights, with our 5 top tips below.

Tip #1: All Employees are Entitled

First, it is a common misconception that only fulltime or regular employees are entitled to paid sick leave. In fact, the rule is the same for everyone: all employees are entitled to California PSL and it is not prorated for part-time employees. More specifically, all employees who work at least 30 days for the same employer within a year in California, including part-time, temporary employees, etc. are covered by the law’s protections, subject to a few narrow exceptions.

Note that some employees are partially exempt from certain PSL requirements if they are covered by a qualifying collective bargaining agreement with specified provisions. 

Tip #2: Employers Have Options

Employers have a few different options to satisfy PSL requirements. The most common ones include:

  • Frontload (i.e., Lump Sum): The employer frontloads employees a sick leave bank of 40 hours or 5 days (whichever is greater) at the beginning of a 12-month period. The bank will “reset” to 40 hours or 5 days each year, with no carryover of unused sick leave.
  • Default Accrual Method: Employees accrue one hour of sick leave for every 30 hours worked. Unused sick leave carries over to the following year, but employers may cap it at 80 hours or 10 days (whichever is greater).
  • Alternative Accrual Method: An employer provides an alternative accrual method that will result in an employee having at least 24 hours of accrued sick leave or paid time off by the 120th calendar day in a year and 40 hours by the 200th calendar day. Again, unused sick leave carries over to the following year, but employers may cap it at 80 hours or 10 days (whichever is greater).

It is important to remember that it is required for employers to have a written Paid Sick Leave policy if you use a method other than the default accrual method. In any case, we recommend that employers always include a paid sick leave policy in their employee handbook, outlining covered purposes, notice requirements, and any usage restrictions. As an additional reminder, any available sick leave must also be listed on an employee’s wage statement.

You may decide to use a combination of PSL options based on employee classification. For example, some employers may choose to frontload sick leave hours for full-time employees, while part-time employees are subject to accruing sick leave based on hours worked. This is a good solution for employers who want to avoid giving very part-time employees a full 40-hour leave bank upfront. 

Tip #3: Permitted Employer Restrictions  

Employers have a few ways to restrict sick leave usage, but should make sure any restrictions are clearly outlined in their policy. For example, although any new hire begins accruing paid sick leave on day one of employment (or is immediately frontloaded hours in the case of a lump sum), you may restrict usage of paid sick leave until after they have completed 90 days of employment with you.

Additionally, although an employee may earn up to 80 hours or 10 days of paid sick leave under the accrual methods, you can still restrict usage in a 12-month period to 40 hours or 5 days.

Tip #4: Sick Leave Protections

California employers should proceed with caution and get guidance when an employee’s sick leave rights may be at issue. PSL carries many protections. In its FAQs, the DIR reminds employers:

“[I]n general terms, [] if an employee has accrued sick days available, an employer may not deny the employee the right to use those accrued paid sick days, including the right to use paid sick leave for a partial day (e.g., to attend a doctor’s appointment), and may not discipline the employee for doing so . . . if an employee has accrued and available sick leave, and is using his or her accrued paid sick leave for a purpose as specified in the law, it is not permissible for an employer to give the employee an “occurrence” for the absence . . .”

Also, even if an employee does not have protected sick leave time available, you may need to consider other available protected leaves (e.g., CFRA/FMLA), and you may still be required to accommodate them or provide leave time under the FEHA/ADA. 

Tip #5: Combined PTO Policies

Some employers choose to satisfy PSL requirements by offering a Paid Time Off (PTO) program, which combines sick and vacation under one leave bank. When an employer chooses to do this, PTO carries the protections of both sick and vacation laws and for this reason, is most beneficial to employees. For example, time used for sick leave purposes can be taken with little to no notice and would protect the employee from adverse action. Plus, just like vacation, the employee would have a right to be paid out all PTO on their final paycheck, should they leave your employment. This is not required for sick leave under a stand-alone PSL policy.

These are just a few examples, but there are many more implications for PTO policies. We recommend having a trusted advisor assist you in drafting your program, to ensure compliance with all applicable requirements.

CEA Can Assist You!

CEA has a team of HR Advisors that can assist your company in drafting sick leave, vacation and PTO policies, as well as customized employee handbooks. Give us a call at 800.399.5331 to get started.

Significant Changes to Federal Contracting and Potential Scrutiny of Private Sector DEI Programs

Posted by Cascade Employers Association Compliance Team on January 29, 2025

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Late on January 21, 2025, President Trump signed an Executive Order Ending Illegal Discrimination and Restoring Merit-Based Opportunity. This Order is focused on eliminating “discriminatory” DEI programs, targeting both federal contractors and private sector entities.

Impact on Federal Contractors

This Executive Order revokes Executive Order 11246 (EO 11246) which was originally signed in 1965 and established various Affirmative Action requirements for federal contractors and subcontractors, including written plans and reporting requirements. In revoking EO 11246, Section 3 of Trump’s new Executive Order states:

The Office of Federal Contract Compliance Programs within the Department of Labor shall immediately cease:

  1. Promoting “diversity”;
  2. Holding Federal contractors and subcontractors responsible for taking “affirmative action”; and
  3. Allowing or encouraging Federal contractors and subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.

It also states that covered contractors may choose to continue complying with the requirements of EO 11246 for up to 90 days from January 20, 2025. Finally, the EO requires that all federal contracts and grants include a term requiring parties to agree that “its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions” and a term requiring parties “to certify that it does not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.” 

It is worth nothing that this Executive Order does not change a covered contractor’s tracking and reporting obligations under Section 503 of the Rehabilitation Act of 1973 (protecting the disabled) and the Vietnam Era Veterans’ Readjustment Act of 1974 (VEVRAA) (protecting certain veterans). These are protected by statute.

Impact on Private Sector DEI Programs

Section 4 of the Executive Order requires federal agency heads along with the Attorney General to submit a report within 120 days that contains “recommendations for enforcing Federal civil-rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI.”

The report shall contain a proposed strategic enforcement plan identifying:

  1. Key sectors of concern within each agency’s jurisdiction;
  2. The most egregious and discriminatory DEI practitioners in each sector of concern;
  3. A plan of specific steps or measures to deter DEI programs or principles (whether specifically denominated “DEI” or otherwise) that constitute illegal discrimination or preferences. As a part of this plan, each agency shall identify up to nine potential civil compliance investigations of publicly traded corporations, large non-profit corporations or associations, foundations with assets of 500 million dollars or more, State and local bar and medical associations, and institutions of higher education with endowments over 1 billion dollars;
  4. Other strategies to encourage the private sector to end illegal DEI discrimination and preferences and comply with all Federal civil-rights laws;
  5. Litigation that would be potentially appropriate for Federal lawsuits, intervention, or statements of interest; and
  6. Potential regulatory action and sub-regulatory guidance.

It is worth noting that the Order does not prohibit all DEI efforts, but only those that could violate federal anti-discrimination laws. In reality, most DEI efforts do not violate civil rights laws, so this will need to be more clearly defined.  All employers must still comply with applicable state and local anti-discrimination laws such as Title VII of the Civil Rights Act and how these laws have been applied in the court system. For example, this does not change an employer’s obligation to provide a workplace free of discrimination and harassment under Title VII and applicable state and local laws.

Interestingly, the Executive Order does not define many of the terms it uses such as illegal discrimination.  For example, Affirmative Action requirements prohibit the use of quotas or preferences as THAT would be illegal. These regulations, in fact, do not permit employers to make employment decisions based on protected classes such as race and gender. This also, has not changed.

There is still much that is unknown about how this Executive Order will be implemented and its impact on employers. Cascade will continue to monitor this issue and provide updates as we learn more about how to navigate this emerging issue.

If Cascade completes your Affirmative Action Plan, we will be reaching out to discuss the next steps.

CEA NOTE to California Employers

While the Executive Order may change contractor affirmative action obligations, California’s Fair Employment and Housing Act (FEHA)’s prohibitions of discrimination, harassment or retaliation and its requirement for employers of five or more employees to train all employee on harassment prevention every two (2) years remains the same. CEA delivers compliant harassment training in multiple ways in English and Spanish, including private (virtual or live) training at your location, webinars and On-demand Courses.

This article was originally published by CEA’s sister association, Cascade Employers Association on January 22, 2025. Additional notes about how the Executive Orders may affect California businesses have been added by Virginia Young, HR Compliance Director, CEA. 

FAQ’s About Non-Exempt Employee Travel Time Pay

Posted by Mari Bradford, Senior HR Director on January 29, 2025

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Q: I’m confused about when I have to pay my employees travel time. Can you help?

Yes! When an employee is required to report to a work site other than their regular site, the employer must pay the employee travel time for any time in excess of the employee’s normal commute time to and from the regular site. For example, it usually takes an employee 30 minutes for their commute from home to their office. You direct them to report to another office that is 60 minutes away. Therefore, you would need to pay the employees for 30 minutes of travel time since it is 30 minutes in excess of their regular commute.

Once the workday has begun, any travel between work sites or other locations is also compensable time. If an employee has a temporary work location change, the employee must be compensated for any additional time required to travel to the new job site in excess of the employee’s normal commute time.

Q: My employee is traveling out of town for a work conference. How do I pay them while traveling?

If an employer requires an employee to attend an out-of-town business meeting, training session, or any other event, the employer must pay for the employee’s time in getting to and from the location of that event.   For example, your employee flies from Sacramento to LA to attend a conference. The time they spend driving, or as a passenger on an airplane, train, bus, taxi cab or car, or other mode of transportation, in traveling to and from this out-of-town event, and time spent waiting to purchase a ticket, check baggage, or get on board is all paid time.  Because the employee is subject to the employer’s control they must be paid for these hours worked.

Once they arrive at their destination and are free to do as they please, for example, eating a meal, sightseeing, sleeping or engaging in purely personal pursuits not connected with traveling or making necessary travel connections, it is not considered work time and is not compensable.   

Q: Can I pay a lower hourly rate of pay when the employee is traveling?

Yes, an employer may establish a separate rate of pay for travel before the work is performed for hourly employees, provided the rate does not fall below the applicable minimum wage. But keep in mind that nonexempt employees must be paid at the appropriate overtime rate (i.e., any hours worked in excess of eight in a workday or 40 in a workweek, among other overtime requirements). (See Labor Code Section 515). If travel time and work time exceed eight hours in a workday, the employee must receive travel pay at one and one-half times the weighted average of the regular pay rate and the travel time rate combined (note, double time is owed if travel time and work time exceed twelve hours in a workday).

CEA has fact sheets on travel pay as well as calculating overtime available to our members.  Visit our HR Forms page and select “Pay and Scheduling” to see a full list of our fact sheets and reference tools.

On-Demand Harassment Training

Posted by California Employers Association on January 1, 2025

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CEA Membership Highlight: On-Demand Harassment Prevention Training 

California businesses with 5 or more employees MUST provide harassment prevention training every 2 years (SB1343). Employees are required to have 1 hour of training. Supervisors and Managers are required to have 2 hours of training. CEA Members can assign this training to an unlimited number of employees through CEA University!

Courses can be taken anytime 24/7. Other advantages include:

    • Consistency – everyone trained with consistent quality
    • Easy Implementation – quickly deploy and train your entire workforce
    • Self-Paced – learn at your own pace, allows you to leave the training and pick it up again where you left off
    • Includes Certificate of Completion
    • Access to CEA experts Monday – Friday 8 am – 5 pm (PST) for questions related to this training

Need assistance setting up your employees or managers for their free Harassment Prevention Training? Our Membership Manager, Evan Wise, is happy to walk you through this member benefit step-by-step. Reach out to Evan at ewise@employers.org to schedule a call.

5 Things You Didn’t Know About…

Posted by California Employers Association on January 1, 2025

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What you didn’t know about….
Jackie Gunby, Product & Operations Support and Virginia Young, J.D., HR Compliance Director, have recently joined the CEA Team. Jackie Gunby, Products & Operations Support, CEA

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

It’s actually a quote I had on my desk for years: “Solve it quickly, solve it right or wrong. If you solve it wrong, it will come back and slap you in the face, and then you can solve it right. Lying dead in the water and doing nothing is a comfortable alternative because it is without risk, but it is an absolutely fatal way to manage a business.”  –Thomas John Watson, Sr. (February 17, 1874 – June 19, 1956) President of International Business Machines (IBM)

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

Always advocate for yourself!  Don’t be afraid to ask for assistance, guidance, professional development, raises and bonuses. Sometimes people who are new to the workforce are reluctant to ask for help or raises and if you don’t talk to your supervisors, managers and executives they don’t always know what you need, or what your goals are.

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

I’m a huge animal behavior geek, body language, predator vs. prey behavior, how animals (in particular, domesticated animals) communicate with each other, other species and humans. And there’s a bathtub at the bottom of a foothill lake with my name on it from the 1970’s.

4. When you’re not weren’t working at CEA, what are you be doing?

More volunteering!  I’ve been working with therapy animals for more than 25 years, and visiting with my own dogs in different types of facilities. My favorite populations are juvenile detention and locked-down mental health facilities.  There are both underserved populations that benefit from a fun learning experience or pleasant diversion and a warm animal to touch and hug for support.

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

Petra! I’m hugely interested in antiquity, archeology, paleo-anything. I’d also like to participate in an archeological dig of some type!

 

Virginia Young, HR Compliance Director, CEA

1. How long have you been with CEA?

Just over three months.

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

Talking to CEA members on the HR Support Line.

3. Where did you grow up?

I was a Navy kid, so I lived many places before attending high school in San Francisco, while living on Yerba Buena Island. I have spent most of my adult life in Northern California.

4. What was your favorite class in college?

The most interesting class I took in my major (economics) was Law and Economics, which used economic theory to analyze legal rules and enforcement. The most enjoyable class I took was Fine Arts in Paris during my junior year in Paris. Our instructor, a lovely woman named Olive, took our small group of 10 students on personally guided docent tours every Thursday morning, followed by lunch of course. I loved every minute, even the final project of leading the class on our own docent-led tour.

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

Listen more.

2025 Brings New Minimum Wages by State, City, & County

Posted by Virginia Young, J.D., HR Compliance Director on January 1, 2025

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Happy New Year! Many hourly and even some salaried employees are celebrating the new 2025 minimum wage increases occurring across California, which went into effect on January 1, 2025. Be sure your employees are getting the correct minimum wage by double checking exactly where remote employees now reside, and reviewing which cities and municipalities your on-site employees are working.

California’s 2025 state minimum wage increased to $16.50/hour for 2025. However, there are still many local minimum wage ordinances that require even higher minimum wages in their geographical boundaries. It’s likely that minimum wages are even higher for those employees who work in the fast food and health care industries. More information is available here on the fast food minimum wage, or the healthcare worker minimum wage.

See the full list of January 1 local increases below. Remember, local minimum wage ordinances are based on where your worker is physically working, not necessarily where your office or headquarters is located.

Your salaried exempt employees who work and live in California may also be celebrating. The minimum wage increase automatically increased the minimum salary requirement for your exempt (salaried) employees to $68,640 on January 1. (This amount is calculated by multiplying the state minimum wage of $16.50 by two and then multiplying that amount by 2080 hours.) Good news-the higher local minimum wages do NOT affect the exempt salary threshold! Unfortunately for employers in fast food and health care, the fast food minimum wage and health care worker minimum wage DOES impact the exempt employee salary minimum.

Local minimum wage increases that go above and beyond California’s State Minimum wage of $16.50, effective January 1, 2025, include:

Northern California:

  • Belmont: $18.30/hour
  • Burlingame: $17.43/hour
  • Cupertino: $18.20/hour
  • Daly City: $17.07/hour
  • East Palo Alto: $17.45/hour
  • El Cerrito: $18.34/hour
  • Foster City: $17.39/hour
  • Half Moon Bay: $17.47/hour
  • Hayward: $17.36/hour (26 or more employees); $16.50/hour (25 or fewer employees)
  • Los Altos: $18.20/hour
  • Menlo Park: $17.10/hour
  • Mountain View: $19.20/hour
  • Novato: $17.27/hour (100 or more employees); $17.00/hour (26-99 employees); $16.42/hour (25 or fewer employees; however, employers must pay higher state minimum wage $16.50/hour)
  • Oakland: $16.89/hour
  • Oakland Hotels: $18.36/hour (with benefits); $24.98/hour (without benefits)
  • Palo Alto: $18.20/hour
  • Petaluma: $17.97/hour
  • Redwood City: $18.20/hour
  • Richmond: $17.77/hour
  • San Carlos: $17.32/hour
  • San Jose: $17.95/hour
  • San Mateo (City): $17.95/hour
  • San Mateo County: $17.46/hour
  • Santa Clara: $18.20/hour
  • Santa Rosa: $17.87/hour
  • Sonoma (City): $18.02/hour (26 or more employees); $16.96/hour (25 or fewer employees)
  • South San Francisco: $17.70/hour
  • Sunnyvale: $19.00/hour

Southern California:

  • San Diego (City): $17.25/hour
  • West Hollywood: $19.65/hour

Need a list of all current local minimum wages? CEA members, we have you covered with our Local Minimum Wages and PSL Fact Sheet! Got questions? Give us a call at 800-399-5331.