Employer's Report: Employers Report Post

Posted by Joanna Luna, HR Business Partner on October 24, 2024

Tags: Employers Report

A few years ago, CEA recognized that many of our members need additional support with day-to-day HR functions. We heard from members that were just starting their new business and needed help developing their HR department from scratch, owners trying to juggle HR functions when their HR manager was out on lengthy leave, and others looking for expertise of a California subject matter expert. Recognizing these needs, CEA developed our HR Assist Program, stepping in to handle the HR functions and provide peace of mind, allowing employers to focus on running their business.

In this article, we are sharing the story of one of our very first HR Assist members. This member is a small manufacturing company in Southern California that had big growth plans, and was on the brink of an international expansion. Already a CEA member, they recognized that their existing HR department was not ready for such a massive change and they needed additional support-and fast. This is when they reached out to CEA and one of our talented HR Business Partners took the call to action.

The Crawl, Walk, Run Approach

CEA’s HR Business Partner (HRBP) quickly identified several challenges: an outdated handbook, forms and practices that were no longer effective or applicable, as well as cultural challenges, and uncertainty about the changes amongst staff. Equipped with a plan, the HRBP conducted a comprehensive HR Check-Up and outlined an action plan that tied to the organization’s vision and values.

The HR Check-up revealed that, despite being in business for over 20-years, the company had never truly established an HR department. As with most small businesses, the leaders wore multiple hats, divvying up different HR functions. With the impending expansion, there was now a mountain of tasks to complete, however, the HRBP put the member at ease, assuring them: We can do this. We are going to crawl, walk, and then run.

Over the next few weeks, the HRBP rolled out a customized employee handbook, audited and corrected I-9 forms, updated required postings, and identified high-priority wage-and-hour red flags. With the HR foundation established, the next step was to get them up and walking.

Focus shifted to the company’s hiring process. They struggled to find the right candidates and wanted to explore recruiting, not only for their California operation but also for their international positions. CEA’s team of experts streamlined the entire recruitment process. The HRBP leveraged her extensive network and sophisticated screening tools, quickly identifying top talent. The result? Critical positions were filled faster and with candidates who were a fantastic fit for the company’s culture. CEA’s Business Partner managed the entire process, from interviews to salary negotiations, and within a short period, the new hires were on board and driving results from day one.

As the company began to run CEA made recommendations to the member to improve their benefits package, making them a more competitive employer in the labor market. The HRBP set them up in CEA University, a training and information platform exclusively for CEA members, and introduced a wide variety of training tools. The HRBP coordinated and ensured timely completion of the Harassment Prevention Training and other California-mandated training requirements. Now that one more compliance checkbox was marked, soft skills training was introduced next.

Finally, the HRBP helped the company onboard a new HR Coordinator for their business. The newly positioned HR Coordinator was registered to attend CEA’s four-part certification series, HR 101. Week by week, the Coordinator was trained on hiring and onboarding essentials, wage & hour practices, employee handbook fundamentals, leave of absence laws, and performance management. Training on these key essential HR functions ensured the business would be able to sustain and grow their HR foundation.

Within months, the company witnessed employee satisfaction, and productivity increased. They celebrated milestones by expanding internationally. As stated by the member, “we have been working to get our company 100% compliant and CEA has been invaluable in helping us to find all the issues in our company as well as supplying all the resources we needed to fix those issues. They have been informative, helpful, and easy to work with for all our HR needs.”

Are you ready for some peace of mind? 

The complexity of managing human resources internally can become overwhelming for business leaders. Spending countless hours on recruitment, compliance, and employee relations can be draining and take a toll on productivity. If this resonates with you, we encourage you to look into how CEA’s HR Assist Program can help bring you some Peace of Mind.  Click here to learn more about our HR Assist Services.

For additional information call us at 1.800.399.5331, or email us at CEAinfo@employers.org.

Posted by California Employers Association on October 1, 2024

Tags: Employers Report

We are in the final quarter of the year, and what better time than now to upgrade your staff’s skillset and start 2025 out strong! Elevate Your Expertise: An Upskilling Training Series is perfect for professionals from all industries or career levels that want to continue their growth. This 4 week series can be taken all at once, or sign up for classes one at a time. The choice is yours. Register Today! 

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

Tags: Employers Report

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Posted by Vicki Simpson, HR Business Partner on October 1, 2024

Tags: Employers Report

The time is here for all of the kiddos and teens to return to school. Just when you sigh a breath of relief, you remember all of the events and school meetings that your employees will need to attend over the next 9-12 months. Let us help by refreshing you on your responsibilities for permitting employees to take time off work for school related activities. Here we will provide you with the information you need.

The Family School Partnership Act was passed and signed in 1995 for the purpose of ensuring that working parents could take time off work to attend to their child(ren)s school needs without the fear of losing their jobs. California has separated the employer’s requirement to provide time off into two categories: School Suspensions & School Activities.

School Suspensions 

An employee who is the parent or guardian of a child can take unpaid time off when the parent must leave work and attend the child’s school due to their suspension or expulsion. The employer may request documentation from the child’s school to support the need for the employee’s time off. This section applies to all California employers regardless of the size of the organization.

School Activities

This section applies to employers with 25 or more employees. An employee who is the parent or guardian of a child can take unpaid time-off to find or enroll a child in a school/licensed childcare program, to participate in school/licensed childcare related activities, or due to an emergency situation occurring at the school. Employees are limited to taking off a maximum of 40 hours per year and no more than 8 hours per month. Examples may include:

• Parent/teacher meetings;
• School activities such as graduation, field trip, awards ceremonies, etc.;
• Attend school to meet about a disciplinary issue;
• School emergency situation at the school.

In these examples, the employee must give their employer as much reasonable notice as possible. The employer may request documentation from the child’s school to support the need for the employee’s time off. Finally, the time off in all cases is unpaid; however, the employer may allow or require the employee to use any accrued Vacation or PTO time that is available.

Employee Eligibility

Employees who are eligible to request this time off include: parents, guardians, stepparents, foster parents, grandparents, or a person who stands in place of the child’s parent.

To see CEA’s informational guide for all required leaves in California, including School Activities, refer to our California Leave Laws Guide on our HR Forms Page.

Posted by Astrid Servin, PHRca, HR Director on October 1, 2024

Tags: Employers Report

Terminations are like taxes-they are almost certain in any workplace. The reasons for terminations vary, from involuntary, to position eliminations, to retirement. Employers may wonder if severance pay mandatory in California? When should you offer a severance agreement?

First, let’s clear up that severance agreements/payouts are not required in California. It is always at the option of both the employer and employee. However, there are a number of circumstances when it is advisable for the employer to offer a severance payout and accompanying agreement for departing employees.

So what are severance agreements? Severance agreements are contracts between an employer and an employee specifying the terms of the end of employment. The employer usually provides a lump sum of money (“payout”) in return for the employee’s waiver of potential legal claims connected with the employment relationship. For instance, an employer handling a challenging termination where they are worried the employee may turn around and sue, may use a severance agreement to avoid a potential wrongful discharge lawsuit. While the employee would have to voluntarily agree to it, the employer may offer any sum of money they think would entice the employee to sign. In another instance, it may be the employer’s policy to grant severance pay for position eliminations or retirement to assist employees through the transition.

Because severance agreements are legal documents, a knowledgeable employment attorney should always craft the agreement. Notably, there are very specific legal elements that must be included in the contract for it to be valid and enforceable. For example, depending on the age of the terminated employee, and how many terminations are executed at one time, there are additional mandatory disclosures and timelines that the employer must follow. This is why you should never download a contract from the internet or use one that has been passed down from a previous owner. It is likely that the verbiage in the contract will change depending on the individual(s) you are terminating.

For a more in depth review of dos and don’ts, CEA members may download our Severance Agreement Fact Sheet on our HR Forms Page, to help guide them with the specific required elements to consider. Our Partners page also offers employment law attorneys that can assist with reviewing or creating a severance agreement. For additional information call us at 1.800.399.5331, or email us at CEAinfo@employers.org.

Posted by Giuliana Gabriel, J.D., Vice President of Human Resources on October 1, 2024

Tags: Employers Report

As a child, I was told that there were three topics you should never discuss at a dinner party: religion, politics, and money. While you may or may not agree with this advice, what’s your opinion about discussing politics in the workplace? With national attention on the upcoming election, California employers need to revisit the dos and don’ts when it comes to politics and understand employee rights and protections.

Considerations When Promoting a Political Message

Many companies have taken a stance on social justice issues, whether internally or to the public. Whether promoting a political viewpoint or advocating for a candidate is right for your organization may depend on factors such as customer and client perceptions, impact on employee morale, and alignment with your company’s values.

Private employers are generally permitted to engage in political speech, however, they cannot attempt to coerce or control the political activities of their employees. Notably, Labor Code sections 1101 and 1102 prohibit employers from making, adopting, or enforcing any rule or policy:

• Forbidding or preventing employees from engaging or participating in politics or from becoming candidates for public office;
• Controlling or directing, or tending to control or direct the political activities or affiliations of employees; or
• Using the threat of job loss to coerce, influence, or attempt to coerce or influence employees to take or refrain from any particular political activity.

California employers should also be aware of a new bill that was just signed by the Governor, SB 399, which starting January 1, 2025, prohibits employers from taking adverse action against an employee (or threatening to do so) because the employee declined to attend or listen to an employer meeting/communication regarding the employer’s opinion on political or religious matters.

At a minimum, if your company promotes a political message on your website or in the media, ensure that your message is not coercive and that you do not attempt to influence your employees’ political activities or beliefs. And, now based on SB 399, proceed with caution in holding any meetings or sending communications to employees regarding your organization’s political opinions.

Employees and Free Speech Protections

One question that employers often ask is what employees’ rights are around free speech. We have an easy answer. The First Amendment’s free speech protections do not extend to private employees. Therefore, employers are generally permitted to ban the use of political slogans and other speech and may prohibit employees from distributing political materials and soliciting donations for political candidates or causes at work. If you wish to ban political speech in your workplace, be sure to set clear guidelines in your policies regarding dress code, office décor, and employee conduct.

If you implement a policy banning political slogans, dress, or speech in the workplace, apply the policy consistently regarding all viewpoints. Notably, the California Labor Code prohibits employers from adopting or enforcing any rule or policy that tends to control or direct the political affiliations or activities of employees.

Employers also need to keep in mind that Section 7 of the National Labor Relations Act (NLRA) protects employees when discussing the terms and conditions of employment, even on social media. This encompasses, for example, discussions regarding wages, hours, working conditions, safety, and treatment by management, and unionization efforts. As such, employers are not permitted to restrict speech on these topics, even those with political undertones.

For example, in the recent 2024 Morales decision, the National Labor Relations Board (NLRB) ruled against Home Depot in favor of an employee who wrote “BLM” (the acronym for Black Lives Matter) on his work apron. The key to the decision is that employees there had previously complained about racial discrimination in the workplace, and the NLRB viewed the employees’ actions as stemming from previous workplace complaints and taking action to get management’s attention. Therefore, they found the conduct qualified as “protected concerted activity.”

The NLRB has clarified that employers may discipline employees for speech that is discriminatory, harassing, or threatening, such as racist or sexist comments, in accordance with your anti-harassment and code of conduct policies.

Disciplining Employees Based on Political Activities Outside of Work

California law prohibits employers from terminating or otherwise retaliating against employees for their political activities or beliefs.

However, this is different from a situation where the employee’s outside political activities interfere with work. For example, if an employee misses work to attend a protest or if the employee runs for office and is unable to meet their work obligations, the employer is permitted to discipline or terminate the employee based on legitimate business reasons, unrelated to the political activity.

Encouraging Employees to Engage in Political Activities

Employers are free to encourage employees to participate in civic duties, such as voting and volunteering at the polls so long as the employer does not require employees to support any specific candidate or issue. You may also offer employees additional paid or unpaid time off for these purposes, in accordance with your policies.

Employee Time off Rights for Voting in California

Finally, let’s discuss voting rights for California employees. If an employee does not have sufficient time outside of working hours to vote in a statewide election, they are entitled to take up to two hours of paid time off from work, to vote. If an employee requires more than two hours to vote, they are entitled to use additional unpaid time off. You may not require the employee to use accrued vacation or PTO for this purpose. Exempt employees who take time off to vote are entitled to their regular salary so long as they perform any work in the workweek.

Employers may require employees to use the time off only at the beginning or end of their shift, whichever allows for the most time to vote and the least time off from working. Employees who need time off to vote are obligated to provide at least two working days’ notice to their employer.

Posting for Employees

Remember, at least 10 days before every statewide election, employers are required to post a “Time Off to Vote” notice in a conspicuous place at work. If you have an all-in-one California and federal poster, this notice should already be in your workplace. However, if your office is operating remotely, consider mailing this notice to your remote workers 10 days before the election.

More questions before the upcoming election? CEA members can call us at 800.399.5331, or email us at CEAinfo@employers.org.

Posted by Astrid Servin, PHRca, HR Director on October 1, 2024

Tags: Employers Report

In California, we have become accustomed to high winds and fire danger in the Fall. This year, our so-called “fire season” has started earlier and with great force, especially in Southern California. With four major fires currently raging in our state, some Californians are dusting off their facemasks and using them outdoors to protect themselves from the poor air quality.

Poor air quality, evacuation orders, and power outages are hitting thousands of people in California and are having a severe impact on individuals and businesses. At CEA, we get many questions about how to handle issues relating to ongoing wildfire threats. Here are some answers:

Q: What is my Responsibility When There is Poor Air Quality due to Wildfires?

A: Whether poor air quality is due to wildfires or other pollution, employers should be regularly checking the air quality index and obtaining the AQI number by going to a trusted website such as www.airnow.gov.

Indoor Workplaces: According to Cal/OSHA, wildfire smoke can be carried by wind and become a hazard for employees working in indoor workplaces, even those located many miles from evacuation zones. Employers must ensure ventilation systems are properly maintained and functioning, and provide the proper indoor ventilation required by Cal/OSHA.

Outdoor Workplaces: With certain exceptions, Cal/OSHA also requires employers to take measures to protect outdoor workers when the current AQI is 151 or greater. Visit Cal/OSHA for specific requirements.

Q: How Do We Pay Employees During Mandatory Evacuations, Power Outages or Closures?

A: If a work shut-down is due to evacuation, power outages or fire there are several factors to keep in mind.

Non-exempt employees are only paid for hours actually worked. If your business shuts down because public utilities (electricity, water, gas, sewer) fail or because of a fire, you are not required to pay non-exempt employees. Likewise, if employees are at work and then sent home due to a power outage or fire, you only have to pay non-exempt employees for hours actually worked. Reporting time pay is not owed to non-exempt employees when public utilities fail or when “Acts of God” such as evacuations close your business.

However, you are free to pay non-exempt employees for that time (apply that policy consistently), and may also permit them to use their paid sick leave time or vacation time. Decide how you plan to handle this issue and communicate it to employees.

The rules are different for exempt salaried employees. Employers must pay exempt employees a full weekly salary for any week in which any work is performed, with a few limited exceptions. If the business is closed for the entire workweek, employers don’t need to pay exempt employees so long as they aren’t performing any work!

Q: What If I Want My Employee to Stay On-Site to Wait Out The Power Outage?

A: In most cases, any employee who is required to remain at the employer’s premises or close by-and therefore unable to use that time for his or her benefit-must be compensated for that on-call or waiting time. When you “restrict” an employee’s time, they are eligible for compensation.

Also, be aware that employees have a right to refuse to report to work (or leave work) during an “emergency condition.” An Emergency Condition is defined as either:

• Conditions of disaster or extreme peril to the safety of persons or property caused by natural forces or a criminal act; or
• An order to evacuate a workplace, worksite, worker’s home, or the school of a worker’s child due to a natural disaster or a criminal act

Q: Can Employees Work from Home?

A: Fires, evacuations, road closures, or other delays can result in an employee being stranded on the road or at home. Maybe the employee has power at home or a friend’s house, but not at work. Decide in advance whether you will allow remote work in such situations. Remember, any employee who performs work for the business, such as taking phone calls or answering emails, must be compensated for that time even if done away from the office.

Q: What Can I Do to Help?

A: Be considerate for those experiencing evacuation orders or displacement and have community outreach numbers available or your Company’s Employee Assistance Plan (EAP) available for assistance. Be flexible and accommodating for reasonable requests for work accommodations in light of stressful situations your employee may be facing, such as power outages, school closures, property damage, etc.

Q: What About Time Off for Health Issues Related to Fires?

A: Employees may be entitled to time off to deal with health issues relating to fires.

• For instance, California’s mandatory paid sick leave days can be used for the care or treatment of a health condition for themselves or a family member, as defined by the Healthy Families, Healthy Workplaces Act.
• If you have 5 or more employees, eligible employees may elect to take leave under the California Family Rights Act (CFRA) for a serious health condition caused by a disaster. Additionally, employees affected by a natural disaster who must care for a child, spouse, or parent with a serious health condition may also be entitled to leave.
• Another option for leave for employers with five or more employees falls under California’s Fair Employment and Housing Act (FEHA). An employee who is physically or emotionally injured, as the result of a disaster, may be entitled to leave as a reasonable accommodation, so long as it would not place undue hardship on the operation of the employer’s business.
• Personal Leave-Don’t forget that many employers offer personal leaves of absence to their employees and/or allow the use of vacation or PTO. This would be a good time to review your policies and ensure they are adaptable to the needs of your employees and your business.

Q: Business is Open but Local Schools Are Closed. Do Employees Get Time Off?

A: Employers with 25 or more employees working at the same location may need to provide unpaid time off to employees whose children’s school or childcare is closed due to a natural disaster, such as a fire, earthquake, or flood. For emergencies, the time must not exceed 40 hours per year. Employees can use vacation or PTO to receive pay for this otherwise unpaid time.

CEA recommends that employers review Cal/OSHA’s excellent resources on Workers Safety and Health in Wildfire Regions.

Posted by Mari Bradford, Senior HR Director on September 26, 2024

Tags: Employers Report

We have received some questions on the HR Hotline recently asking what an employer can do when an employee owes them money. One employer asked, “I just realized that we overpaid an employee on a paycheck last month, can I automatically deduct it from this week’s paycheck?” Or “We advanced an employee a week of vacation and now they have resigned, how do I get it back?”

This can be a tricky issue for employers because in California, an employer cannot use self-help remedies to recoup what an employee owes them. In other words, you cannot take advantage of your status as the employer and automatically deduct what is owed from an employee’s paycheck.

When an employee is advanced wages or if they are overpaid and you want to take a deduction from their paycheck, the key is to ensure you have a voluntary agreement in writing with the employee before any deductions are taken.

For example, if you overpaid the employee, explain the mistake and communicate that the employee is not entitled to the money. Request that the employee voluntarily pay you back (such as by mailing a check or via payroll deductions). Sometimes, the employee may have already spent the funds and does not have enough money to pay you right away. Try to work with the employee to come up with a written plan.

Another option is to propose a voluntary agreement where the employee pays back the money via payroll deductions. An opinion letter from the Labor Commissioner provides guidance for employers regarding money owed by an employee. It states, “DLSE vigorously enforces the law with respect to unlawful deductions. If an employer deducts any portion of an employee’s paycheck because the employer previously overpaid the employee, DLSE would view the deduction as unlawful. DLSE would not, however, view the deduction unlawful if the employer and employee have previously entered into a written agreement allowing for deductions based on the voluntary consent of the employee.”

You can access the full Labor Commissioner Opinion Letter here.

This means that an employer may lawfully have an agreement in writing with an employee that specifies amounts loaned or advanced to the employee can be repaid in installments via payroll deductions.

However, should the employee quit or be terminated before the loan or advance is fully repaid, the employer may not deduct the entire outstanding balance from the employee’s final paycheck. (Note: An employer is only permitted to deduct one installment on the final paycheck.)

So what do you do if an employee doesn’t agree to voluntary repayment? Then, the employer’s recourse would be to pursue the debts owed in court, as any other creditor, and may also pursue disciplinary action.

Employers should proceed with caution when advancing wages or vacation time, with the understanding that your options for repayment are limited. If you do advance wages, ensure the terms are covered by a contractual agreement and signed by all parties before any loan is granted to an employee.

If you find yourself dealing with a tricky employment situation, give us a call! CEA members have unlimited calls with our HR experts, so give us a call at 800.399.5331, Monday through Friday, 8am-5pm. We love to hear from you!

Posted by Kim Gusman, President & CEO on September 26, 2024

Tags: Employers Report

Have you heard the parable about the blind men and the elephant? It’s a folk tale that originated out of India, which tells the story about a group of blind men who have never come across an elephant before and who learn and imagine what the elephant is like just by touching it. Each blind man feels a different part of the animal’s body, but only one part, such as the side, or ear, or the tusk. Each of them then describes the animal to the rest of the group, based on their limited experience. As you might imagine, each of their descriptions of the elephant are very different from one another. In some versions, they come to suspect that the other person must be lying and even come to blows. Eventually a sighted boy walks by and tells the group of blind men that each one of them is correct, but only by listening to one another can they truly understand what the elephant looks like.

So what’s the morale of this parable? That humans have a tendency to claim absolute truth based on their limited, subjective experience? That different perspectives lead to distinct points of view? Or is it that when there is a lack of information, the need for communication, (as well as the ability to respect others and their different perspectives) is paramount if you want to learn the truth? I’ll let you be the judge.

So often, many of us assume that we know what other people in our company, our customers, or even family members, are thinking. Or worse, we mistakenly assume that others think just like we do. While we all know that the best way to learn what someone else is thinking is to ask them, we don’t always take the time to stop, slow down and listen.

Every August we email a satisfaction survey to all CEA members to find out a variety of things, including what they value most and what new services or products they’d like to see CEA offer in 2025. In October, we’ll review and discuss those survey results at our strategic planning retreat and determine CEA’s goals for the future. Here’s a sneak peek at the responses from two of the questions we asked:

Q2. Most Valuable Benefits

The most appreciated benefits include:

• Forms and Toolkits: These were the most frequently mentioned valuable resources.
• Phone and Email Support: Many respondents found the direct support from CEA through phone and email to be crucial.
• CEA University (On-Demand Training): The on-demand training platform was praised as a convenient learning tool.
• Email Alerts and Newsletters: Updates through email and newsletters were highly valued for keeping members informed about HR issues and legal changes.
• Discounts on Events and Coaching: Savings on virtual events and discounts on professional coaching services were frequently appreciated.

Q3: Desired Additional Benefits

Respondents suggested the following:

• More In-Person Events: Many requested in-person workshops, HR conferences, and seminars.
• Executive Coaching and Advanced HR Certification: There was strong interest in executive coaching and advanced certification training.
• More Leadership Development: Several asked for more leadership training and supervisor development programs.
• Additional Forms and Resources: Many respondents requested more workplace forms, specifically translated into Spanish or tailored to their unique needs.
• Networking Opportunities: A few mentioned the desire for more networking events and opportunities to connect with other HR professionals.

If you participated in the CEA Customer Satisfaction Survey-thank you! Whether it’s asking employees to take an engagement survey, asking customers to participate in a satisfaction survey, or asking loved ones how they are doing, we need to continually check in with people who are important to us. If you’d like some assistance with a climate study, an employee engagement survey or teambuilding exercises designed to let your employees’ share what they are thinking, give us a call or email us at ceainfo@employers.org!

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

Tags: Employers Report

Mass shootings are tragic, no matter where or when they occur. However, is it reasonable to require nearly all California employers to try to prevent violence from occurring in the workplace?

This is the question many employers across our Golden State have been grappling with as they do their best to comply with California’s new Senate Bill 553 (SB 553) safety mandate. SB 553 requires most employers, unless they are exempt, to put a Workplace Violence Prevention Plan (WVPP) in place and train their employees on their own custom plan not only this year, but at least once annually moving forward.

SB 553 exemptions include:

• Employers already covered by the Healthcare WVPP standard.
• Facilities operated by the California Department of Correction 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 the site at any given time and have a compliant Injury Illness Prevention Program.

For context, Cal/OSHA had already begun working on a workplace violence general industry draft when a mass shooting occurred at a Santa Clara Valley Transportation Authority (VTA) rail yard in San Jose, California in 2021. In the shooting, an employee killed nine fellow employees before taking his own life. This traumatic event prompted State Senator Dave Cortese to accelerate the general industry requirements, with Senate Bill 553. Governor Newsom signed SB 553 in September of 2023, and it went into effect on July 1, 2024.

Cal/OSHA released several resources to help employers, employees and agricultural operations comply with this new requirement on March 1, 2024. However, even with the advance notice and the resources, many businesses are still struggling to put their own WVPP in place and calling our office for guidance.

Creating a WVPP for CEA

As a trade association, the California Employers Association (CEA) is in a great position to support employers. Our mission statement reads, Providing Employers with Peace of Mind through exceptional HR solutions, trainings, and professional development services. As such, we needed to figure out whether this was a reasonable request for our business and our own employees before giving out any guidance to our members. In April, some of our team members began the process of sifting through the Cal/OSHA model template and creating our own WVPP for our Sacramento headquarters, where about half of our employees work a hybrid schedule, working in the office a few days each week. In the process of creating our own custom plan, we created toolkits, checklists and surveys to simplify the steps. We also reached out to our Safety Partners and Cal OSHA Consultation for additional support.

Developing our WVPP did take time, roughly 15-20 hours, and several meetings, to implement. However, we found the process much easier and more useful than we had anticipated. Not only did we comply with the new standard in a timely manner, but more importantly, our entire team now knows that we’ve taken steps to help reduce an incident of violence in the workplace. Had it not been for SB 553 it is highly unlikely that we would have surveyed our employees to find out if they had any safety concerns. Had it not been for SB 553 it’s also unlikely that we would have taken the time to train our employees on what to do when or if they encounter violence in the workplace.

We have had productive discussions about how to handle people experiencing homelessness whom we may encounter inside or outside of our building and what to do if anyone ever feels threatened or unsafe. We took action by installing a doorbell and intercom outside of our front door and adding locks to our interior office doors. We talked with our landlord and requested more exit signs and fire extinguishers in the building. And finally, we hired the Safety Center to do an active shooter drill, which was not required as a part of SB 553, but was incredibly informative.

Drafting a WVPP for Your Workplace

We do think it’s reasonable (and even insightful) for California employers to take some time to focus on preventing workplace violence incidents, and make the workplace feel safer for all. As an employers association, we also know that California businesses already have a lot on their plates. That is why CEA has made it easier on employers, by creating a number of resources, that don’t need to cost an arm and a leg. Have you done all you can to keep your employees safe?

If you need some help, CEA has created a Do-It-Yourself WVPP Tool Kit, which is free for our members and will walk you through the whole process, step by step. We also offer a recorded webinar along with a DIY WVPP toolkit for all businesses at www.employers.org.

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

Tags: Employers Report

Depending on your age or what your parents listened to, you may or may not be familiar with a song recorded by Neil Sedaka in 1962 called, “Breaking Up Is Hard to Do“. It was a number one on the Billboard Hot 100 on August 11, 1962 and was a solid hit all over the world, sometimes with the text translated into foreign languages. For a new generation, Clay Aikens re-recorded it in 2012.

Why is ending a relationship-be it at work or in your personal life so difficult? Maybe it’s because you don’t like conflict. Maybe you don’t like to hurt someone’s feelings? Maybe you get too emotional when you end a relationship?

Employment terminations can be difficult for both managers and employees not only for the reasons mentioned above, but also because many employers are afraid of making a mistake and not providing the employee who is leaving with all of the required forms. To make break ups a bit easier, CEA has prepared a Termination Toolkit to give managers specifics on how to ‘rightfully’ end an employment relationship. Free to all CEA Members, just log in and visit the HR Tool Kits page.

The Termination toolkit includes fact sheets on how to process the final paycheck, frequently asked questions, and all required notices and forms that California employers must provide to an employee who is leaving the company. Regardless of who ends the employment relationship, the responsibility falls directly onto the employer to make sure all employment laws are followed.

CEA toolkits cover a variety of topics ranging from Workplace Violence Prevention Plans to Job Descriptions to Stay Interviews. Each toolkit will walk you through the ins and outs of a particular topic, step by step, so you feel prepared and don’t miss any of California’s requirements. If you haven’t already perused our toolkits-check them out today-there’s a wealth of knowledge just waiting to simplify your work life!

Posted by Astrid Servin, PHRca on September 1, 2024

Tags: Employers Report

With summer in the rearview mirror and fall just around the corner, don’t lose sight of California’s latest COVID regulations. The CDC estimates that COVID-19 infections are growing or likely growing in 27 states including California, and with flu season around the corner this uptick trend is likely to continue. Experts report a stronger and longer lasting COVID than we’ve seen in recent months, so be prepared to manage positive COVID cases and refresh your leadership team’s knowledge of their responsibilities.

Although the world at large may have entered into a more relaxed phase of regulations, California employers are still mandated to follow special guidelines under Cal/OSHA’s COVID-19 Prevention Non-Emergency Regulations. These regulations went into effect on February 3, 2023, will remain in effect until February 3, 2025 (almost six more months), while other record-keeping obligations will remain in effect through February 3, 2026.

Requirements for (Non-Healthcare) Employers

• Create and maintain an individual written COVID Prevention Plan. Cal/OSHA has posted a Model COVID-19 Prevention Program template on its website for employers to use.
• Provide COVID training to employees on your company’s specific policies and procedures.
• Make testing available at no cost to employees who had a “close contact” with an infectious person (as defined in Cal/OSHA’s ETS), and when your workplace is experiencing an “outbreak.”
• Exclude certain workers from the workplace until they are no longer an infection risk.
• Maintain records of COVID cases, and report serious illnesses and outbreaks to Cal/OSHA, and to the local health department when required.

All of these guidelines and several more resources are included in our free, user-friendly COVID-19 Toolkit, available to all CEA members. As recent trends indicate, COVID infection rates tend to fluctuate in cycles. The CEA toolkit is constantly being evaluated and updated for the latest information and employer requirements so that when you need it, it is current and compliant. This is one more way CEA offers its members peace of mind.

For questions regarding the toolkit or membership, contact CEA at 1-800-399-5331 or at ceainfo@employers.org.