Employer's Report: Employers Report Post

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.

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

Tags: Employers Report

Two years ago my parents left Arizona and moved back to California to be closer to family. Growing up in a very small town in Oregon, Friday nights at my home were dedicated to “game night”. That’s right, no going out on a date, but we could invite friends over to join in on the fun. Everyone in our family learned to play a variety of card games and board games. To this day, my parents are still avid card players and in fact my Mom is a Life Master in Bridge. Once my folks moved near by, we all did our best to get my husband into the concept of game night. Games aren’t really his cup of tea, but we finally talked him into learning how to play Texas Hold ‘Em. I am happy to report he is now hooked! Every Sunday night at our house you can find us gathering together for dinner, then doing the dishes and finally finishing the evening off with a lively game of Poker.

I recently watched an interesting news story about the benefits of playing poker in business. In fact, there is a website dedicated to teaching more women how to play poker, in order to even the playing field at work. PokerPower.com emerged from the vision of self-made billionaire Jenny Just, who in 2020, co-founded the brand alongside her daughter Juliette Hulsizer. This mother and daughter duo are out to prove that playing poker:

• Enhances Strategic Thinking and Decision Making. Poker players have to make decision based on incomplete information.
• Improves Risk Assessment Skills. Poker players are constantly evaluating and managing risks in high-stakes environments. (Well at my house it’s just a $10 buy in, but you get the idea.)
• Boosts Emotional Resilience. In poker there are lots of ups and downs. As you experience more of these ups and downs you become better at handling them more gracefully.  (guess I need to do less trash talking at the kitchen table)
• Enhances Social Skills. Successful poker players learn to read behaviors and adapt their strategy in social settings.

Who knew you could have fun playing poker and improve your own decision making and negotiation skills at same time?

I found a similar story in Rolling Stone where a successful entrepreneur says that Poker taught him more about business than any class or book. Jason Saltzman said, “Looking back, I can attribute a lot of my accomplishments not to some fancy school, but to a game: poker.”

As leaders we work hard, and it’s important that we remember to play, when you aren’t working. I highly recommend you gather some friends and family together and sit down to a friendly game of poker. At a minimum it’s fun and keeps your mind sharp, and if it improves your confidence at work-well even better! If you ever find yourself near Sacramento on a Sunday night, give me a call, and we’ll make some room for you at the kitchen table!

Posted by California Employers Association on August 28, 2024

Tags: Employers Report

Our valued members, are the reason that the California Employers Association was founded 87 years ago. Each August, as a thank you for being a member, we celebrate Member Appreciation Month. This year, employers attended our complimentary webinars in record numbers; with over 1200 of you participating in webinars, surveys and games. Congratulations to all of the winners!

1. Sandra Contreras, Community Action Partnership of Orange County
2. Kelly Kohen, Marqueen Pet Emergency & Specialty
3. Daniel Covrig, Fulcrum Property Group
4. Esmeralda Luna, Mellano & Company

Thank you to everyone who took a few minutes to provide us with feedback on our annual member satisfaction survey. We appreciate your thoughtful responses in helping CEA grow and improve our services. Congratulations to our Member Survey Winner, Maki Narita, Associate Member, Narita Dental Corp, who won a $100 Visa gift card!

And, last but not least, the grand prize winner of a one night stay and round of golf at the Everline Resort & Spa in Lake Tahoe is…Claudia Hernandez, Centro Armonia, Spanish Immersion School!

Thank you for supporting us in our mission to be the leader in providing employers with Peace of Mind when it comes to employee relations solutions and human resource compliance guidance in California.

Posted by California Employers Association on August 28, 2024

Tags: Employers Report

Last month we sent out a survey to our members as part of Member Appreciation Month. One of the questions asked each year is, “What other member benefits would you like CEA to offer?” and the response is always “more in person events.” We have heard your requests and are thrilled to partner with the Nevada Association of Employers to welcome you to the Hyatt Regency Lake Tahoe Resort, Spa and Casino in beautiful Lake Tahoe for the California Nevada Employers Summit!

Join us on Friday, October 4, 2024 for an insightful half-day employers summit designed for employers looking to stay informed and compliant with the unique employment laws in California and Nevada. These sessions will provide the latest updates and essential details to help you navigate the different regulations in each state.

CEA’s own Jessica Rivera will round out the summit with Leading with Intention, an engaging presentation that offers practical tips and strategies to cultivate a purposeful and positive leadership style, so you leave with valuable knowledge and inspiration to implement in your organization.

Register now through September 12, and get 50% off your registration when you use coupon code SUMMIT50 at checkout.

Featured Speakers

What’s Unique in Nevada
Presented by Cara Shehan, Esq, Legal Counsel at NAE

In today’s world, with the growth of remote work, many businesses are operating across state lines. As a result, employers face a complex patchwork of state labor laws that they need to navigate. Nevada is no exception. Nevada’s dynamic economy, characterized by tourism, gaming, mining, and renewable energy, has shaped a unique employment landscape. Any employer who has employees working in Nevada needs to be well-versed in the employment laws of the state to avoid costly compliance pitfalls.

Join us for a comprehensive exploration of Nevada’s unique employment laws. Topics covered include wage and hour (daily overtime and the 24-hour clock, proper withholding of wages, final pay, etc.), leave requirements (PTO, domestic violence/sexual assault, voting, etc.), marijuana issues (pre-employment testing and reasonable accommodation), and more. Don’t let Nevada’s unique employment landscape catch you off guard. Gain the knowledge you need to thrive in the Silver State.

What’s Unique in California
Presented by Mari Bradford, Senior HR Director at CEA

Many employers are located in other states but have employees who work in California. Legal requirements in California prevail over other state laws and, in some cases, supersede federal laws. California regulations are enforced by six different state regulatory agencies.

We’ll cover wage & hour issues, overtime policies, leaves of absence and vacation, along with additional requirements exclusive to California, such as the Workplace Violence Prevention Plan, Indoor Heat Illness Prevention Plan, hiring processes, and more.

 

Leading with Intention
Presented by Jessica Rivera, MBA, PHR, SHRM-CP, Training & Coaching Director at CEA

What will your leadership legacy be? Are you ready to elevate your leadership skills to new heights?

Join our immersive Leading with Intention workshop, where we delve into the art of effective communication, intentional role modeling, and leading with purpose. Enhance your ability to communicate persuasively and authentically. Develop a leadership style that aligns with your values and inspires others.

Other highlights include:

• Explore the intricacies of clear, concise, and impactful communication
• Develop active listening skills to foster a better understanding and collaboration
• Identify key traits and behaviors that inspire and motivate others
• Craft a personal leadership style that resonates with your team
• Define your leadership purpose and vision for both personal and professional growth
• Foster a positive and empowering team culture through intentional leadership

Make it a Getaway

The summit opens at 8:00 a.m. on Friday, so if you’d like to arrive the night before, we have a welcome reception on Thursday starting at 5:30 pm where you can network with your peers, CEA and NAE staff members across the state line in a picturesque lakeside destination. Special room rates for conference attendees are available at the Hyatt Regency Lake Tahoe Resort, Spa and Casino.

What’s Included in Registration

Every attendee receives full access to the events including the hosted welcome reception on Thursday evening, complimentary breakfast on Friday morning, and presentation materials.

Thursday, October 3
5:30 – 7:30 pm        Hosted Welcome Reception Friday, October 4
8:00 – 8:30 am        Complimentary Breakfast
8:30 – 8:45 am        Welcome Remarks
8:45 – 9:45 am        NAE – What’s Unique in Nevada
9:45 – 10:00 am      Break
10:00 – 11:00 am    CEA – What’s Unique in California
11:00 – 11:15 am    Break
11:15 – 12:15 pm    CEA – Leading with Intention
12:15 – 12:30 pm    Closing Remarks and Raffle Prizes

Who Should Attend?

HR and business decision-makers who have employees in both CA and NV or are thinking about expanding across state lines or are out of CA and NV but have employees in these states.

This summit is designed for employers looking to stay informed and compliant with the unique employment laws in California and Nevada. Get the latest updates to help you navigate the different regulations in each state. After the legal insights, we’ll feature a dynamic speaker discussing the importance of leading with intention in the workplace. This engaging presentation will offer practical tips and strategies to cultivate a purposeful and positive leadership style.

Registration is limited to only 100 attendees for this event. Register today to reserve your seat! Don’t forget to use coupon code SUMMIT50 at checkout to receive 50% off your registration through September 12, 2024.

Posted by Maria Sandoval, Channel Sales Manager, Paylocity on August 27, 2024

Tags: Employers Report

At Paylocity, our mission is to elevate the profession of Payroll and Human Resources out of the back office and into the boardroom where it belongs. We do this by providing clients with the same caliber Cloud software solutions found in other critical areas such as Sales, Finance, and Operations. By leveraging the cloud, we provide all of the advantages of both in-house and outsourcing solutions at a price point below the alternatives. By working with Paylocity, you no longer have to choose between functionality, price, and service. You will  receive the best of these worlds and a unique offering not available anywhere else.

The Future of HCM is Here

At Paylocity, we are the most complete HR platform for the modern workforce that meets our clients where they are and brings meaningful value through our partnerships. We support our clients at every step in their journey including:

• Streamlining & Automation – We help you get out of the tactical, manual processes to focus more on strategic areas of the business.
• Attracting & Retaining Talent – We enable you with the tools to create an environment that draws talent in and helps your employees develop and grow.
• Building a Culture & Connection – We equip you with a platform that helps your employees collaborate to do their best work and cultivate meaning and purpose.

Our partnership with CEA gives you access to exclusive discounts on products and services. To learn more, get in contact with us today.

What Paylocity Can Do for You

• Automate the process of requesting a change of status, position, or compensation
• Equip you with real-time reports, analytics, and dashboards to help you monitor key metrics and identify trends
• Offer expert consultants, technology, and compliance resources built to help you conquer today’s workplace challenges
• Provide employees with self-serve, on-demand access to their checks and other benefit information
• Save time by minimizing employee data redundancy
• Enable quick transfers for benefit files, 401(k) information, retirement plans, and more to your preferred vendor(s).

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For more information contact:
Maria Sandoval
Channel Sales Manager
408.605.3722

Posted by Astrid Servin, PHRca, HR Director on August 27, 2024

Tags: Employers Report

You may have heard the latest workplace buzzword, “civility” and wondered how it applies to your workplace. The focus on civility is gaining traction in workplaces throughout all industries. Perhaps it stems from new generations entering the workforce and the fact that workspaces are more diverse than ever. With the popularity of social media outlets running non-stop reels about questionable behavior, and the upcoming election sure to make temperatures rise, let’s review this topic in the event that it spreads to your workplace.

Civility Defined

A good starting point to understand civility is to define what uncivil behavior is. Uncivil behavior can show up in many ways such as interrupting someone, silencing or excluding others, aggressive or absentee management styles, and even bullying. The impact of uncivil behavior is a costly one, both in terms of morale and money. According to the Society of Human Resource Management (SHRM) President, Johnny C. Taylor, “Being civil in the workplace is not just about being polite. It’s a strategic business imperative.”

You may already have a code of conduct that addresses professionalism and a policy for discipline, but civility in the workplace aims to address those issues that often go under the radar. Passive aggressive comments, subtle disrespect, and exclusion are some issues that management find difficult to fit within a policy violation and therefore, they often fail to timely address it.

There is a plan in place for those who are outwardly violating the rules, but uncivil behavior can go unaddressed, leading to overall job dissatisfaction. An employee may seem content and not raise any concerns, appearing satisfied on the surface, but still face challenges and be unhappy. When employees do not feel safe speaking up, or if they are not being supervised adequately, or if they work in a toxic space, resentment can begin to build. When we see decreased productivity, increased turnover, and strained working relationships, that is a sign of a dysfunctional workforce. When morale is low and employees become disengaged this can also escalate into attendance problems, and undermine the company’s goals and objectives.

What If Your Workplace Has Some Warning Signs?

If you are a leader or manager and realize your workplace has elements of uncivility, what should you do about it? Old school thinking would tell you to remove these “toxic” employees from your workforce, but civility in the workplace instead places the responsibility on the employer to cultivate a better work culture.

Instead of seeing employees as expendable, you should first address the root causes of disengagement, such as poor communication, failure to embrace inclusivity, lack of getting to know your employees, and/or unfair treatment.

Discuss your current workplace culture with your employees and leadership team. Do you need a climate study or temperature check to help? If you already know your company doesn’t pass the civility test, take a look at your current approach and proactively engage employees and become more team oriented, inclusive, and compassionate by learning more about yourself and your team.

When is the last time you had team trainings or team building meetings? As a CEA member, you have access to our entire training department with a library of courses to improve team communication and morale. Check out Don’t Fire Them, Inspire Them or Creating Culture of Professionalism, Civility, and Respect in the Workplace among others. Do you have leaders who are eager for more professional development? CEA has Coaching Services for leaders who would benefit from one-on-one engagement. Reach out to CEA today to discuss new ways to take care of your biggest asset, your employees.