Labor & Employment Law Blog

In an effort to provide employers with more tools to make their workplace safe, the EEOC gave the green light on Thursday April 23, 2020, to test employees for COVID-19.  This announcement comes on the heels of guidance issued last week that confirmed that employers may take temperatures and make inquiries of their employees relating to symptoms of COVID-19. 

In light of recent amendments to SB 1343, the California Department of Fair Employment and Housing (“DFEH”) issued an updated FAQ which sheds light on areas of ambiguity for employers regarding sexual harassment prevention training.   

Natural disasters are something that many don’t think about until it’s too late, particularly in the context of their business obligations, but as extreme winds, wildfires, and power outages continue to pick up in California, employers should consider what obligations exist as to their employees and employment law.

On August 30, 2019, California Governor Gavin Newsom signed urgency legislation to extend the deadline to provide certain employees required sexual harassment training until January 1, 2021.  (Senate Bill 778).  Last year, Senate Bill 1343 amended Government Code section 12950.1 to require employers with five or more employees to provide two hours of sexual harassment prevention training to all supervisory employees and one hour of sexual harassment prevention training to all nonsupervisory employees by January 1, 2020.   

On January 1, 2018, the California Legislature enacted the New Parent Leave Act (“NPLA”). The NPLA expanded baby-bonding benefits to employees of smaller employers (20-49 employees), a benefit that had been previously available only to employees of larger employers (50 or more employees) under the California Family Rights Act (“CFRA”).

New Posting Requirement

Along with this expansion comes a new poster that discusses the NPLA, CFRA, and Pregnancy Disability Leave:

www.dfeh.ca.gov/wp-content/uploads/sites/32/2017/06/CFRA_PregnancyLeave_English.pdf 

All employers with 20 or more employees must display the poster.  The Department of Fair Employment and Housing (“DFEH”) requires that the posters be placed where they can be easily seen by employees and applicants for employment.

In addition, if 10% or more of the employer’s workforce at any given location speaks a language other than English, the employer is required to post the notice in such other languages.  The DFEH published several translated versions of the poster at its website:

www.dfeh.ca.gov/resources/posters-and-brochures-and-fact-sheets/poster-and-brochure-tab-list/?target=posters

An employer must also incorporate a description of the NPLA in the next version of its employee handbook.

As an alternative to displaying multiple government-issued posters, some employers prefer to purchase and display an “all-in-one” poster from various sources.  Employers should review the posters to ensure they are up to date.

Medical Certification Form

The DFEH also recently updated the form that addresses the certification of a health care provider for leaves under the CFRA and the Family and Medical Leave Act (“FMLA”):

www.dfeh.ca.gov/wp-content/uploads/sites/32/2017/12/CFRA-Certification-Health-Care-Provider_ENG.pdf

Please contact the authors or your usual employment law counsel at AALRR if you have any questions regarding the DFEH, NPLA, CFRA, or other posting requirements.

As the #MeToo Movement placed a glaring spotlight on sexual harassment in the workplace, outgoing California Governor Jerry Brown signed several bills aimed at curbing sexual harassment last year, including SB 1343.

Last year, California passed AB 450, the Immigrant Worker Protection Act.  Among other provisions, AB 450 requires employers to post a notice, within 72 hours of receiving a Notice of Inspection for I-9 Forms by an immigration agency.  The California Labor Commissioner published a template notice in early February.

Effective January 1, 2018, benefits under Paid Family Leave (“PFL”) and State Disability Insurance (“SDI”) increased for all income levels and the seven-day waiting period for PFL was eliminated.

Beginning January 1, 2018, California employers are required to display the “Transgender Rights in the Workplace” poster created by the Department of Fair Employment and Housing (“DFEH”).  Employers must place the poster in a prominent and accessible location in the workplace.

The DFEH published on its website the mandatory poster, which is available in English ...

Berkeley’s Paid Sick Leave Ordinance took effect October 1, 2017.  The Berkeley minimum wage also increased on October 1, 2017.  And earlier this month, the City issued new guidance on its Family Friendly and Environment Friendly Workplace and Paid Sick Leave Ordinances.  The details of the Ordinances are outlined below.

Minimum Wage

Berkeley’s current minimum wage is $12.53 per hour and is scheduled to ...