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Tis the Season: Holiday Closure Considerations
Posted by Giuliana Gabriel, J.D., Vice President of Human Resources on December 1, 2024
Tags: Employers Report
While some companies are busier than ever during the holiday season buzz, for others, December represents a “slowdown”-a time for rest, hibernation, and festivities. Many employers even shut down for a week or more until the New Year rolls around, and some require the use of vacation time to bridge the gap. However, there are important considerations to keep in mind during holiday closures, particularly when it comes to exempt employee pay and vacation policies in California.
Pay Considerations
Employers have discretion over whether they will pay non-exempt (hourly) employees during holiday closures. As such, your handbook policies should outline when you are closed for a holiday or a particular time of year, whether employees will receive holiday pay, and if a particular holiday is worked, whether you will pay a premium (i.e., higher rate of pay per hour).
Holiday closures are a little trickier for exempt (salaried) employees. Remember, to maintain exempt status under the executive, administrative and professional exemptions, the employee must be paid their full salary for a workweek in which they perform any work. This is known as the “salary basis” rule.
Therefore, if you are closing for less than a full workweek, you must still pay your exempt employees their full salary whenever they are ready, willing and able to work. You are not allowed to pro-rate their salary if you close for a holiday. One exception is if your business closes for a full workweek, and you ensure that the exempt employee performs no work that week, then you would not be required to pay them their salary for that period. However, if the exempt employee even just checks a few emails or makes a work call, they must be paid their entire salary for the week. As such, make sure your expectations are clear and take steps to ensure absolutely no work is performed (e.g., block access to server/emails, take work phones/company laptops, etc.).
Pro Tip: Defining the Workweek
Be sure to check how your policy defines workweek, as this will determine whether exempt pay is owed. Let’s go over an example. This year, Christmas through New Year’s Eve falls on a Sunday through Saturday. If the employer defines their workweek as “Sunday through Saturday” and closed during that week, they would not have to pay exempt employees (so long as no work is performed). However, if the workweek is defined as “Tuesday through Wednesday,” then the employer would not be closed for an entire workweek (the closure would be split between multiple workweeks). In that case, exempt employees would still be owed their full salary.
There are limited exceptions when an employer is permitted to pro-rate an exempt employee’s salary. CEA members may refer to our Exempt Employee Deductions Fact Sheet on our HR Forms page.
Vacation Policies
Many employers also want to know whether they can require the use of vacation time during holiday closures. The benefits include lowering vacation balances on the books, avoiding disruption with healthcare premium pay deductions, etc.
The answer is yes, but employers need to ensure reasonable advance notice whenever they require employees to use vacation time. The California Labor Commissioner has determined that 90 days constitutes reasonable advance notice. As such, it is recommended that employers put employees on notice in their handbook policies, and remind employees at least three months in advance of any company shutdowns or closures when vacation use is required.
If an employee is currently out on a leave of absence, proceed with caution in requiring use of vacation time during a closure. For some leaves of absence, the employer cannot require an employee to use their vacation time (pregnancy disability leave is one example). Also remember, employers should never require employees to use their mandatory paid sick time.
There are a lot of considerations when it comes to employment policies. Let us make it easy for you with our updated 2025 Employee Handbook. We have a do-it-yourself option for purchase, or we can customize it for you from start to finish! Give us a call at 800.399.5331.
California Employers Lose Option to Require Vacation Leave Before PFL
Posted by California Employers Association on November 25, 2024
Tags: Employers Report
Effective January 1, 2025, California employers will no longer be allowed to require their employees to take two weeks of accrued vacation leave before taking paid family leave under the State’s family temporary disability insurance program. The change was brought about by Assembly Bill (AB) 2123, enacted Sept. 29, 2024.
Paid Family Leave
California’s paid family leave program provides up to eight weeks of partial pay within a 12-month period. Benefits are 60 to 70 percent (depending on income) of the employee’s highest quarterly earnings, 5 to 18 months before the claim begins. Paid family leave may be used for:
- Bonding with a new child (either by birth, adoption or foster care placement);
- Caring for a seriously ill family member (child, parent, parent-in-law, grandparent, grandchild, sibling, spouse or registered domestic partner); and
- A qualifying exigency related to the covered active duty (or call to covered active duty) of the employee’s spouse, domestic partner, child or parent in the U.S. Armed Forces.
The program is funded entirely by employees through paycheck withholding. Currently, the law authorizes employers to require employees to take up to two weeks of earned vacation leave prior to the employee’s initial receipt of family leave benefits during any 12-month period.
Paid family leave does not create a right to a leave of absence; however, many employees take advantage of paid family leave during protected leaves, such as leave under the California Family Rights Act and/or Family and Medical Leave Act.
Employers can learn more about the program here.
Amendments in AB 2123
AB 2123 amended the law addressing the paid family leave program by striking the employer option to require employees to take vacation leave before receiving paid family leave. The change takes effect Jan. 1, 2025.
Implications for Employers
The change allows the possibility of longer employee absences overall, as employees will be able to take their full amount of paid family leave without first using any accrued vacation time. At a later date, employees may then choose to use their full vacation leave.
Kim’s Message: Ho-Ho-Holiday Cheer
Posted by Kim Gusman, President & CEO on November 25, 2024
Tags: Employers Report
Ah, the holiday season! A magical time of year when office coffee mysteriously becomes peppermint-flavored, Secret Santa becomes “Who Forgot to Sign Their Name?” and HR has to juggle the fine line between festive fun and California labor law compliance. But don’t worry-we’re here to help you navigate bonuses, gifts, and celebrations while keeping your team feeling merry and bright (and your management team out of trouble).
Holiday Pay: The Great Debate
First things first: Do employees in California have to get extra pay for working on holidays? The short answer? Nope! Unless your company policies or contracts say otherwise, holiday pay isn’t legally required. But come on, who wants to be the office Grinch?
Bonuses: Generosity with a Side of Compliance
Bonuses are a fan favorite, but in California, you’ve got to know your “discretionary” from your “non-discretionary.”
- Discretionary Bonuses: These are like surprise holiday cookies-completely unexpected and with no strings attached. They’re not tied to performance metrics and don’t affect overtime calculations. These are not considered part of the employee’s regular rate of pay.
- Non-Discretionary Bonuses: These are more like the fruitcake of bonuses-deliberate and full of ingredients. If bonuses are tied to measurable performance (like sales goals) they must be included in overtime calculations, or the labor board may hand you a lump of coal.
Pro tip: To avoid confusion, be crystal clear when announcing the nature of the bonuses to your team.
Holiday Gifts: It’s the Thought (and Budget) That Counts
You don’t need to break the bank to spread holiday cheer. A little thoughtfulness can go a long way in making your employees feel valued:
- Self Care Packages: Who doesn’t love unwrapping a box of snacks, candles, or a cozy blanket? Curate gifts that cater to employees’ interests or regional preferences, such as locally sourced treats.
- Gift Cards: They’re the Swiss Army knife of gifts-practical, flexible, and guaranteed to not end up re-gifted at next year’s white elephant exchange.
- Extra Time Off: The holy grail of employee gifts. Nothing says “We appreciate you” like a bonus day to sleep in or tackle that Netflix backlog.
Parties and Celebrations: Keeping It Jolly (and Inclusive)
Holiday celebrations are the ultimate team-building opportunity-or at least an excuse to wear that reindeer sweater you love. But holidays also mean different things to different people, so inclusivity is the name of the game:
- Neutral Themes: Instead of Christmas-specific décor, consider going with winter wonderland vibes. Everyone loves twinkly lights and hot chocolate, right?
- Team Activities: Host a fun, low-pressure event like trivia, cookie decorating, or a “guess the ugly sweater” contest. Virtual or in-person, keep it light and full of laughs.
- Charity Initiatives: Nothing warms the heart like giving back. Partner with your team to support a local cause or charity-it’s a win for everyone.
Wrapping It All Up
The holidays are a time to show your team how much you appreciate their hard work-without accidentally stepping on a compliance landmine. They’re also an opportunity to reinforce a culture of recognition and care. Bonuses, gifts, or just a heartfelt thank-you can go a long way in ending the year on a high note.
So, grab your Santa hat, double-check your payroll policies, and spread some joy that would make even the Grinch crack a smile. After all, happy employees are the best gift of all!
Happy Holidays from all of us here at CEA!
PS: CEA Annual Meeting Reminder:
CEA will hold it’s 87th Annual Membership Meeting on December 19, 2024 at CEA’s Main Office in Sacramento, CA. For more details on attending this meeting, please contact me at kgusman@employers.org.
New Trainings to Keep you From Falling out of Compliance
Posted by California Employers Association on November 1, 2024
Tags: Employers Report
Don’t “fall” out of compliance! Join us for Wage and Hour Audit Package: Page Prevention Training on November 14 and learn how to properly manage a wage an hour audit to protect yourself from rule changes recently made by California by reforming the Private Attorneys General Act, known as “PAGA”. Register Today!
You Requested a Market Base Pay Assessment: What Does It Entail?
Posted by Margaret Oglesby, Compensation Consultant, Cascade Employers Association on November 1, 2024
Tags: Employers Report
When you request a market base pay assessment, you’re seeking a comprehensive analysis of how your organization’s compensation stacks up against industry standards and competitors. This process is key for ensuring your compensation strategy is competitive and fair, ultimately helping you attract, motivate, and retain top talent. Here’s a breakdown of what a market base pay assessment typically involves:
1. Defining Objectives and Scope
The first step in conducting a market base pay assessment is clearly defining its objectives and scope. Common goals include ensuring your pay practices are competitive, fair, and aligned with industry standards. The scope often covers:
- Market Positioning: Deciding whether your organization aims to lag, match or lead the market by targeting the 25th, 50th or 75th percentile of market data.
- Job Benchmarking: Identifying roles in the market that are comparable to your organization’s positions.
- Market Data Analysis: Gathering relevant pay data from survey sources.
- Demographic Alignment: Using data that reflects your organization’s specific demographic profile such as the organization’s location, annual revenue, industry, and number of fulltime employees.
- Internal Pay Structure Review: Comparing your organization’s current pay against the market.
These elements shape the overall strategy of the assessment, ensuring it focuses on relevant areas impacting your organization.
2. Data Collection
A robust data collection process forms the foundation of a market base pay assessment. This involves gathering customizable compensation data from reputable sources, including:
- Compensation Surveys: Industry-specific surveys providing insights into salary ranges, bonuses, and benefits. At Cascade, we use survey sources tailored for both for-profit and non-profit organizations.
- Salary Databases: Third-party databases aggregating compensation information across various sectors.
- Industry Reports: Reports offering insights into compensation trends and benchmarks for specific roles or industries.
The data used is current and relevant to the specific role, geographic location, and industry. A minimum of three survey sources is used, following best practices, to establish a market-based salary range. The more specific and reliable the data, the more accurate the results.
3. Job Matching
Job matching involves comparing internal roles with equivalent roles in the external market. Key factors considered include:
- Job Responsibilities: Ensuring role responsibilities align with the market data.
- Required Skills and Experience: Comparing the required skills and experience levels between the internal role and market data.
- Job Level: Matching the organizational level and seniority of the role with external benchmarks.
This step is critical to the accuracy of the assessment, as mismatched roles can lead to inaccurate pay recommendations.
4. Compensation Analysis
With data in hand, the next step is to analyze the compensation levels, which typically includes:
- Salary Range: Determining the start, midpoint, and maximum of the range based on the averaged market data.
- Pay Structures: Comparing your pay structures with market trends and practices.
- Internal Equity: Assessing pay consistency within your organization to ensure fairness and equity.
Reporting and Recommendations
Once the analysis is complete, a report is generated outlining the findings. This report generally includes:
- Survey Sources: A comprehensive list of all sources utilized for the specific analysis.
- Market Salary Data Analysis: The average of all data points to determine the minimum, midpoint, and maximum of the salary range.
- Market Salary Range: The recommended salary range derived from averaging the data across all survey sources.
- Organization Comparison: An evaluation comparing your organization’s current pay or midpoint to the market midpoint.
A market base pay assessment is an essential tool for ensuring that your compensation practices are both competitive and equitable. By systematically analyzing market data, comparing job roles, and making informed recommendations, you can optimize your compensation strategy to attract and retain top talent. Investing time and resources into this process will significantly enhance your organization’s competitiveness in today’s dynamic job market.
As CEA’s sister association and partner for all compensation requests, Cascade offers comprehensive market base pay assessments, including market base pay plus target bonus assessments for total rewards insights. If you need assistance with any role, contact Cascade’s compensation team today for discounted pricing, exclusive for CEA members.
How Compensation Philosophy and Strategy Play a Critical Role in Business Success
Posted by Margaret Oglesby, Compensation Consultant, Cascade Employers Association on November 1, 2024
Tags: Employers Report
In today’s competitive business environment, attracting and retaining top talent requires more than just offering a competitive salary. Companies need to have a clear, structured approach to compensation that aligns with their overall business goals. This is where the concepts of compensation philosophy and compensation strategy come into play. Establishing these two elements is essential for driving employee satisfaction, performance, and long-term business success.
Defining Compensation Philosophy and Compensation Strategy
A compensation philosophy is a formal statement that outlines a company’s approach to employee pay and benefits. It reflects the organization’s core values, priorities, and goals in terms of how it compensates its employees. A well-defined compensation philosophy answers key questions such as:
- Does the company pay above, below, or at market rate?
- How does the company reward performance?
- What is the balance between base pay, incentives, and benefits?
- What is the employee’s position within their salary range and the rationale behind it?
On the other hand, a compensation strategy refers to the specific actions and plans the organization implements to carry out its compensation philosophy. It is the roadmap for achieving the compensation philosophy’s goals. The strategy typically involves market benchmarking, pay structure design, salary bands, and decisions on performance-based incentives. It ensures consistency and equity in pay practices and aligns employee compensation with the organization’s financial capacity and long-term objectives.
What Do They Seek to Accomplish?
The goal of a compensation philosophy is to define the company’s position on rewarding employees. It helps provide transparency and consistency in pay practices, ensuring that compensation decisions align with business objectives and the overall company culture.
The compensation strategy focuses on executing that philosophy by providing clear guidelines for compensation decisions. It seeks to attract, motivate, and retain the right talent while keeping labor costs in check. Ultimately, both the philosophy and strategy aim to ensure fairness, competitiveness, and alignment with business goals.
Example of a Compensation Philosophy and Strategy
A company might establish the following compensation philosophy: “We strive to pay at or slightly above the market average to attract top talent while offering competitive benefits and performance-based bonuses that encourage long-term growth and contribution to the organization.”
To implement this philosophy, the company might adopt the following compensation strategy: conduct annual salary benchmarking to stay competitive in the market, use a combination of salary bands and bonus structures tied to company performance, and offer health and retirement benefits that rival industry standards. The strategy would also include clear guidelines for pay increases based on performance reviews.
How a Compensation Philosophy and Strategy Benefit Employees
Having a clear compensation philosophy and strategy in place provides several key benefits for employees:
- Transparency: Employees have a clear understanding of how compensation decisions are made, reducing confusion or frustration about pay structures or performance-based increases.
- Fairness: A well-defined strategy ensures consistency in pay practices across the organization, helping prevent issues like pay inequity or favoritism.
- Motivation: When compensation is tied to performance, employees have a clear incentive to work towards individual and company goals. This increases motivation and overall productivity.
- Retention: Employees are more likely to stay with a company if they feel fairly compensated and know that their pay aligns with market standards.
- Trust: A transparent and well-communicated compensation strategy fosters trust between employees and management, as workers know their pay is based on objective and fair criteria.
A well-crafted compensation philosophy and strategy are essential for any business aiming to attract and retain top talent. They should be a cornerstone of the company’s overall business approach, ensuring that pay practices align with company goals and market standards while providing employees with a sense of fairness, transparency, and motivation. However, this vital aspect is often overlooked or implemented only after recruitment, retention, or employee morale issues arise. While establishing a strong compensation framework early on is ideal, it’s never too late. Implementing one at any stage is crucial, as it helps businesses create a more engaged, satisfied, and high-performing workforce. CEA partners with our sister association Cascade Employers Association to bring you an experienced compensation team to support you in reviewing or developing your compensation philosophy and strategy. Contact us for more information today!
Drugs, Alcohol and Workplace Policies
Posted by Eli Nunez, HR Director on November 1, 2024
Tags: Employers Report
The latest statistics from the National Institute on Alcohol Abuse and Alcoholism shed a grim light on addiction in the United States. According to the Institute’s 2023 national survey, over 10% of people ages 12 and older have an Alcohol Use Disorder. With numbers that high, it is not surprising that many employers find themselves dealing with alcohol or drug abuse on the job.
Employee Protections and Addiction
Many employers are hesitant to take action when an employee has an issue with alcohol or drugs in the workplace, for fear of legal action. It is important to understand when the protections start and how far they extend into the workplace.
Alcoholism and drug addiction may be considered a protected disability under state and federal law, but employers can still enforce their drug and alcohol policies to prohibit the possession, use, or impairment at work. The California Labor Code expressly states that the law does not “prohibit an employer from refusing to hire, or discharging an employee who, because of the current employee’s use of alcohol or drugs, is unable to perform his or her duties, or cannot perform the duties in a manner which would not endanger his or her health or safety or the health or safety of others”.
The protections available to those battling addiction to drugs or alcohol include:
- The California Family Rights Act (CFRA), which entitles employees to up to 12 weeks of job-protected leave for alcohol-related disabilities. After the 12 weeks, extended leaves of absence may be a further, reasonable accommodation under both California and federal law.
- The requirement to accommodate employees when they return to (or remain in) the workplace, which may include granting time off or intermittent leave to attend Alcoholics Anonymous meetings or other support groups.
- California’s Labor Code (Labor Code §§ 1025 to 1028), which requires a private employer with 25 or more employees to accommodate an employee who voluntarily requests to enter and participate in an alcohol rehabilitation program. Such a request may be denied only if doing so would impose an undue hardship on the employer. What is unclear is how many times an employee can request such an accommodation, and whether an employer can require an employee to execute a “Last Chance Agreement” to prevent abuse of Labor Code section 1025. Employers should consider consulting experienced employment counsel before presenting an employee with such an agreement and acting on any violations of it.
Additionally, as a reminder, AB 2188, which became effective on January 1, 2024, prohibits discrimination in hiring, termination, or any term or condition of employment, or taking adverse action against a person for using cannabis while off the job and away from the workplace.
There are some exceptions to AB 2188. It does not apply to:
- Employees in the building and construction trades
- Positions requiring a federal background investigation or clearance
- It does not preempt federal contractor requirements
Disciplining Employees
While these protections are meant to help employees seeking rehabilitation or partaking in recreational use of legal drugs outside the workplace, it is important to remember that none of these laws permit an employee to be under the influence of drugs or alcohol while at work. California’s cannabis protections explicitly state that nothing in the law “permits an employee to possess, to be impaired by, or to use, cannabis on the job, or affects the rights or obligations of an employer to maintain a drug- and alcohol-free workplace”. This mirrors the Labor Code’s language regarding the use or possession of alcohol in the workplace.
When the issue arises in the workplace, what should you do as an employer?
- Refer to your policy. A clear drug and alcohol free workplace policy is the first place employers should start to prevent or deal with issues of intoxication on the job. Ideally managers, supervisors, leads, etc. should be trained on your policy as well as on how to identify employees under the influence in the workplace. If the organization chooses to enforce reasonable suspicion testing, it should be noted in the policy and management should be trained on the process to determine if an employee should be sent out for testing and what this entails.
- Documentation is key. As with other employee relations issues, documentation is key when dealing with drug and alcohol issues at work. Employers should have signed acknowledgments from the employees who receive their drug and alcohol policy. Any issues should be documented appropriately.
- Be Consistent. Once you have a policy in place, enforce it equally and consistently. Nothing hamstrings management as much as inconsistency when enforcing policies and procedures. This damages credibility and leads to a lack of trust from employees that their employers have their best interest in mind. Having employees onsite who are under the influence of drugs and alcohol is not only bad for employee morale, it can also put others in physical danger especially in industrial, manufacturing or construction settings to name a few.
Additional Resources
CEA members may access our Drugs and Alcohol Testing Tool Kit for guidelines and considerations. For those who need to manage an accommodation request for an employee dealing with alcohol or drug addiction, refer to CEA’s Reasonable Accommodation Tool Kit. Find both tool kits on the Employer Tool Kits page.
More questions about drug and alcohol issues at work or reasonable accommodations? CEA members may call us at 800.399.5331, or email us at CEAinfo@employers.org.
California’s Captive Audience Ban: Politics and Religion Off the Table
Posted by Vicki Simpson, Senior HR Business Partner on November 1, 2024
Tags: Employers Report
Election season is just around the corner and employers may be tempted to discuss their political viewpoints with their employees. This will soon be a no-no based on California’s new law, SB 399, which will take effect on January 1, 2025, and prohibit both public and private employers from taking action against an employee because the employee declines to attend a meeting regarding the employer’s opinions on political or religious matters.
Importantly, this includes a ban on employer meetings to communicate the company’s position on labor organizations and unionization, historically known as captive audience meetings. So lets review the key highlights and practical reminders that employers need to know about.
What does SB 399 prohibit?
Senate Bill 399, also known as the California Worker Freedom from Employer Intimidation Act, prohibits California employers from requiring employees to attend meetings or listen to communications that involve the employer’s political or religious views. This can include any discussions related to elections, political parties, legislation or regulation, labor organizations, unionization, religious affiliations or religious practices.
Additionally, employees cannot be penalized for refusing to participate in meetings where politics and religion are discussed. In fact, an employee who declines to attend such a meeting must still be compensated if these meetings occur during their scheduled work hours.
Of course, employers are still allowed to hold meetings to satisfy legal requirements such as safety meetings and Harassment Prevention Training. However, just be careful not to cross the line into any political discussions about legal requirements. Yes, we know this is nuanced!
Violations may result in a $500 fine per employee, civil action against the employer, as well as enforcement by the State’s Labor Commissioner.
Are there any exemptions?
This new law applies to all California employers but, there are some exemptions. Notable exemptions include religious organizations, organizations for specific political parties and educational institutions that include political or religious instruction as part of their regular curriculum.
How do I comply?
- If the topic is not related to your organization’s work, refrain from discussing it at meetings – both formally and informally.
- Check your company’s policies to ensure that there is no language that could be perceived as political or religious.
- Train supervisors and managers on this new law so they understand what types of discussions are prohibited
What is ahead for us?
Laws similar to this one have been enacted in other states such Oregon, Hawaii, Connecticut, and New York. You can expect to hear about legal challenges in the months and years to come, including arguments that it violates Free Speech rights and is also preempted by federal law, known as the National Labor Relations Act (NLRA). In the meantime, adjust your policies and practices as needed to comply and avoid liability. And always remember, CEA members can contact us if you have any questions, at 800-399-5331 or email us at CEAinfo@employers.org.
New Law Drives Updates to all Job Postings in 2025
Posted by Mari Bradford, Senior HR Director on November 1, 2024
Tags: Employers Report
Starting January 1, 2025, employers advertising open positions will need to be aware of a new requirement that Governor Newsom signed into law. Employers will no longer be allowed to state in a job advertisement, posting, application, etc. that an applicant must have a valid driver’s license in order to apply and be qualified for a job unless;
- Driving is an essential function of the job AND
- Using an alternative form of transportation would not be comparable in travel time or cost to employer.
The idea behind this new law, which amends FEHA (California’s Fair Employment and Housing Act), is to prohibit discrimination in the hiring process based on the lack of a driver’s license. The goal is to help open the door for individuals who do not have a driver’s license and may walk, bike, use ride-sharing, or other forms of transportation when traveling to and from work.
As a reminder, employers should frequently review job descriptions, as well as job postings, to ensure that the essential functions, qualifications, and physical requirements accurately reflect the current needs of the position and business.
CEA has developed a Job Description Toolkit which members may access for free by visiting our Employer Tool Kits page. The Toolkit will take you step by step through the process to ensure that you are developing job descriptions that clarify roles and expectations for employees and help contribute to the organizations overall efficiency, productivity, and success.
When Was Your Last Wage and Hour Audit? New Laws for Employers!
Posted by Giuliana Gabriel, J.D., Vice President of Human Resources on November 1, 2024
Tags: Employers Report
When was your last wage and hour audit? When was the last time your supervisors attended wage and hour training? Are your wage and hour policies up to date? These are questions California employers should now be asking based on two new laws that went into effect earlier this year!
What are the new wage and hour laws?
On July 1, 2024, Assembly Bill 2288 and Senate Bill 92 were signed into law, significantly reforming California’s Private Attorneys General Act (PAGA). PAGA is a complex law, but in short, it authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations (e.g., wage and hour claims). As you can imagine, penalties can stack up quickly, and these lawsuits are some of the most expensive an employer may face.
However, good news is that the recent PAGA reform marks impactful changes to how wage and hour lawsuits will be litigated going forward. Importantly, there are now new opportunities for employers to reduce their penalties if hit with a PAGA lawsuit, by demonstrating they took reasonable steps to comply with wage and hour laws. The law defines reasonable steps to include:
- Conducting periodic payroll audits and taking action in response to audit results when out of compliance;
- Disseminating lawful written policies;
- Training supervisors on applicable Labor Code and wage order compliance;
- Taking appropriate corrective action for supervisors who are not following your policies.
CEA has your solution!
If it has been a while since your last wage and hour audit (or maybe you have never conducted one) CEA offers employers a comprehensive Wage and Hour Audit Package to quickly get in compliance. How does it work? Join our California subject matter experts on November 14th for a 90-minute virtual and interactive wage and hour training. As part of the package, registrants will also receive:
- A comprehensive Audit Checklist for Human Resources/management (covers exempt classification issues, non-exempt employee pay, piece rates, commissions, reporting time pay, split shifts, overtime and regular rate of pay, meals and rest breaks, recordkeeping and more!)
- Supervisor Steps to Compliance (Reference Sheet) for managing non-exempt employees
- Plus a recorded Wage-and-Hour Training for Supervisors, licensed for 90 days upon receipt
Both CEA members and non-members can register here. If you are a CEA member, make sure to login to our website for special member pricing on this event. We look forward to seeing you there!
Kim’s Message: Success Across State Lines
Posted by Kim Gusman, President & CEO on November 1, 2024
Tags: Employers Report
I was trying to count the number of times I’ve been to Lake Tahoe over the years, and I’d guess that I’ve made nearly 70 trips to enjoy what many travelers regard as one of the most beautiful places in the country. With soaring mountains and crystal clear waters, the scenery and beauty found in Tahoe is never tiresome.
Last month, CEA and our sister association, the Nevada Association of Employers (NAE), partnered to host our first ever CA/NV business summit, at the picturesque Hyatt Resort in Incline Village. It was so great to see CEA and NAE members mingling the evening before the conference, as we enjoyed cocktails and appetizers and watched the sun setting over the lake. Many of our member businesses have employees that live in CA but work in NV or vice versa, and that was the motivation behind hosting this event.
Attendees heard terrific speakers and learned more about the unique labor laws in both states. Not only did we gain a better understanding of the various wage and hour laws, but who knew hiring and ending the employment relationship, how to handle vacation time and other HR dilemmas in two neighboring states could be so different? Thanks to our experienced CEA HR expert Mari Bradford and the equally talented Cara Sheehan, Esq from NAE, participants were asking questions before, during, and long after each presentation. Our very own Jessica Rivera wrapped up the day with an inspirational presentation discussing the importance of cultivating a purposeful and positive leadership style called Leading with Intention.
Special thanks to Thoran Towler, CEO of NAE and the terrific sponsors (Safety Center, Better Business Bureau, Ignacio Law Firm, AmCheck, and Brown & Brown Insurance) for allowing us to host this event in such a beautiful space.
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PS: CEA will hold our 87th Annual Membership Meeting on December 19, 2024 at the CEA Main Office in Sacramento, CA. For more details on attending this meeting, please contact me at kgusman@employers.org.
Background Checks Improve Company Culture
Posted by Seth Atchue, Background Online on October 24, 2024
Tags: Employers Report
As today’s world becomes more connected than ever, background checks play a pivotal role in reducing risk and creating safer work environments. By conducting thorough background screenings, companies empower their teams to make informed hiring decisions, ultimately fostering a culture of safety and productivity. Moreover, reducing turnover costs and managing expectations from clients and the public become more achievable with the right hiring practices in place.
What Background Checks Reveal
Here at Backgrounds Online, we promote comprehensive background checks that encompass critical components such as criminal searches, employment verifications, education verifications, motor vehicle records and drug screenings. Our approach ensures that companies receive accurate and up-to-date information, enabling them to make well-informed decisions regarding potential hires.
Remaining compliant with state and federal regulations is paramount. Our proprietary technology facilitates seamless compliance by securely managing consent forms and dynamically serving state-specific documents to candidates required by the Fair Credit Report Act (FCRA). Â With evolving laws, such as second chance laws and marijuana legalization, it’s crucial for organizations to stay informed and update their policies accordingly.
Experience & Certification is Essential
Additionally, it’s essential to partner with an accredited consumer reporting agency like Backgrounds Online that holds the PBSA accredited and obtains an annual SOC 2 certification reflecting a commitment to maintaining high standards of consumer protection, legal compliance, and data security.
With over 24 years of experience, our dedication to customer service is second to none. As a US-based national reporting agency, we prioritize clear communication and timely support for our clients at every stage of the background check process.
Seamless Onboarding & Exclusive Pricing
Whether you’re looking to enhance your current screening process or starting from scratch, Backgrounds Online offers a seamless onboarding experience. Through our partnership with the CEA, members can access exclusive pricing and get started within 24 hours.
Simplified background checks and compliance are indispensable for all companies regardless of size or industry. By partnering with Backgrounds Online, companies can streamline their screening processes, mitigate risks, and ensure compliance with confidence. As a proud CEA partner we invite you to call us today…we’re here to help!
Backgrounds Online has been a leader in the screening industry for over 24 years and offers a suite of screening products that empower you to customize background check packages for any position. Our transparent applicant submittal flow, strong support team and quick turnaround time encourages top candidates to choose you. Whether you run 10 or 100,000 background checks annually, we provide fast and accurate results.
Seth Atchue, seth.atchue@backgroundsonline.com, 800.838.4804