Employer Guide | Preparing for DHS and ICE Investigations & Raids
With increasing workplace immigration enforcement, employers must be prepared for visits from the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE). ICE agents may appear at business to 1. investigate compliance with workplace rules as they relate to immigration laws (Form I-9 audit) or 2. enforce immigration laws (an ICE raid or an attempt to detain a worker). The thought of having any type of government agent appear at your workplace is stress inducing. However, knowing your rights and having a response plan will ease your anxiety. Here is a step-by-step guide to handling ICE visits and audits while ensuring compliance with the law. 1. Understanding ICE Workplace Actions ICE may seek to enter a business for three main reasons: Key Takeaway: Be prepared for each of these scenarios by understanding your rights and responsibilities. 2. Preparing for an ICE Visit Proactive planning can prevent confusion and legal missteps. Employers should: 3. What to Do When ICE Arrives Best Practice: If possible, record the event on video to document any potential legal violations. 4. Handling a Form … Continue reading
2025 Employment Practices Audit: Protect Your Business with a Comprehensive Review
As we kick off 2025, it’s time for employers to conduct an in-depth Employment Practices Audit. This audit isn’t just a checklist—it’s an essential step to ensure your workplace remains compliant with California’s ever-evolving employment laws. By auditing key areas of your business, you can reduce legal risks, promote a positive workplace culture, and avoid potential disputes with employees. Let’s take a closer look at how to audit each important area. 1. Hiring Practices: Ensuring Fairness and Compliance Review all job descriptions to ensure they align with California’s anti-discrimination laws (e.g. no questions about prior pay, disabilities, criminal records, and a new one…having a valid driver’s license). Examine your interview questions and selection processes to make sure they are free from bias. Also, ensure that your background check policies comply with state and federal laws, particularly those surrounding criminal records. 2. Wage and Hour Compliance: A Critical Review Wage and hour compliance is a priority for California employers. To avoid costly lawsuits or penalties, you’ll want to ensure: Given recent updates to the Private Attorneys General Act (PAGA), it’s crucial … Continue reading
2025 California Employment Law Updates: Webinar Recap and Presentation Download
2025 is set to bring critical changes to California employment laws, and staying ahead of these updates is essential for employers and HR professionals alike. To help navigate these changes, I had the pleasure of teaming up with LeiLani E. Quiray and her amazing team at be the change HR, Inc. for an engaging and informative 2025 California Employment Law Update Webinar. If you missed the live session, you can still get up to date and: This session is packed with actionable insights to help you stay compliant, proactive, and stress-free as we head into 2025. Key Topics Covered in the Webinar Why These Updates Matter California employers operate under some of the most dynamic employment laws in the nation. Staying informed about legislative updates like these helps you avoid legal risks, streamline HR policies, and create a compliant, employee-friendly workplace. Whether you run a small business or oversee a large team, understanding these changes minimizes your risk of being blind-sided by an employment claim. Watch the Webinar Recording & Download the Presentation For a deeper dive into these topics, … Continue reading
2024 New California Employment Laws
Photo by BoliviaInteligente on Unsplash As we approach the end of the year, it is essential for businesses to review their operations and prepare for the changes that the coming year will bring. In January 2024, several new California Employment Laws will go into effect, impacting policies and budgets. This is a crucial time for employers to update their employee handbooks and hiring documents to ensure compliance with these new regulations. Minimum Paid Sick Leave Accrual Cap and Use Increases One of the significant changes in 2024 is the increase in the minimum paid sick leave accrual, cap, and use. The law is that employees must earn at least 1 hour of paid sick leave for every 30 hours of work. If your company uses an alternative method of paid sick leave accrual, such as front-loading, employers previously had to provide three days (24 hours) of paid sick leave. This requirement has now increased to five days (40 hours) that are available within the first 200 calendar days of employment. Employers may also cap the use of accrued paid sick … Continue reading
Rejection Therapy – 48 Days of Ridiculous Asks and How It Could Help You
Photo by Mika Baumeister on Unsplash I heard about Jia Jiang’s Ted Talk called “What I Learned from 100 Days of Rejection” and as one does, thought, “That sounds like fun! I’ll give it a try!” I recommend watching the Ted Talk but the premise is to get over the fear of rejection by making requests of strangers. It seems that the more ridiculous the better. But I found that the most difficult ones weren’t the outrageous requests, but ones that I had a lot of value judgment around. I embarked on this experiment called “Rejection Therapy” with 2 ground rules: I then posted about it in my Instagram stories each day in the hopes that it would inspire others to see the value of just asking. Yes, it was entertaining and from the response I got from friends and fans (oh yes, I have fans because fun fact, I was a Thai teen pop star in my last life) I knew it was also impactful. From the title of this post you can tell that I lasted 48 days, … Continue reading
Drafting an AI Policy for Small Businesses: Why It Matters and How to Get It Right
Photo by Markus Winkler on Unsplash As artificial intelligence (AI), and more specifically, generative AI, increases in capability, use, and acceptance, it becomes increasingly vital for all businesses, even smaller businesses to establish an AI policy. It’s not just tech giants that need to concern themselves with the implications of AI; small businesses are equally accountable and have just as much to gain – or lose – from its potential. The Importance of an AI Policy in the Workplace As a small business owner, you might be tempted to ignore the role of AI in your operations. You might even question the necessity of an AI policy at all. But the reality is that AI has penetrated all facets of the business world and is not limited by size or sector. Whether it’s customer service chatbots, data analytics tools, or HR systems screening potential hires, AI is likely already embedded in your business processes. Then there are the tech savvy employees who may be using ChatGPT or Bard to draft a letter, create content, or make their work easier in … Continue reading
Disney Lawsuit and the California Equal Pay Act
Photo by Thomas Kelley on Unsplash Female mid-managers at the Walt Disney Co. recently requested class certification in a lawsuit against Disney entitled LaRonda Rasmussen, et al. v. The Walt Disney Co. et al. The plaintiffs in the lawsuit seek $150 million in damages on behalf of themselves and other female mid-managers who worked for the Walt Disney Co. throughout the United States. The lawsuit against Disney alleges that the company discriminated against women who worked for them in that “across all of its business segments and at all levels of the company, Disney routinely underpays its female employees, passes them over for promotion, piles on extra work without additional compensation, and does not supply sufficient support staff to allow women to succeed at their jobs.” This is a violation of California’s equal pay laws. At the heart of this and other discrimination lawsuits is whether an employer treats its female employees differently than their male counterparts. One of the plaintiffs in this case alleged that each of the six men holding the same title as her (“Manager, Product Development”) … Continue reading
2023 Employment Law Updates
Welcome to 2023. New Year, New You, New California Employment Laws! Here is a quick overview of the most significant new laws that went into effect on January 1, 2023. This is not an exhaustive list but one that will apply to most small to medium-sized business owners in California. PRACTICAL TIP: Make sure your documents reflect that you are implementing changes that are applicable to your business. For example, update your written notice to employees of the terms of their employment to reflect the new hourly rate if you have employees who make minimum wage. Update the language in your employee handbooks to reflect the ability to designate non-family members for CFRA and paid sick leave. PAY Minimum Wage Increases/Exempt Pay Increases The California state minimum wage in 2023 is now $15.50 per hour for all employees, regardless of the employer’s size. However, some cities and counties have even higher local minimum wage requirements. Employers should check the minimum wage requirements for all cities and counties where their employees work. Some cities with higher minimum wage requirements include Los … Continue reading
New Notice Requirements for California Warehouse Distribution Centers
Photo by Ryan Parker on Unsplash California’s AB 701 Amends section 138.7 and adds a new part to the Labor Code to specifically address Warehouse Distribution Centers. Which Employers Will be Affected by the New Law? Any company that employs (directly or through third parties and agencies): 100 or more nonexempt warehouse distribution workers at a single warehouse distribution center; OR 1,000 or more employees at one or more warehouse distribution centers in the state of California. New Notice Requirement Beginning January 1, 2022, Certain employers will need to provide non-exempt employees with a written description of each quota the employee is subject to. What must be in this notice? The quantified number of tasks to be performed by the employee, or materials to be produced or handled. The time period tasks must be performed or materials must be produced in. The adverse employment action that could result if the employee does not meet the quota. When must subject employers give the notice to warehouse distribution center employees? At the time of hire; or By January 31, 2022. New Employee … Continue reading
Employer’s COVID-19 Notice Requirements
AB-654 went into effect immediately on October 5, 2021, and will expire on January 1, 2023. The law amends California Labor Code Section 6325 and amends and repeals Labor Code section 6409.6 relating to occupational safety and notice requirements about COVID-19 in the workplace. Below is an outline of an employers’ notice requirements as well as duties to report exposure to COVID-19 in the workplace. If you receive an OSHA that your place of employment, operation, or process, poses an imminent risk to workers of exposure to infection with COVID-19, resulting in OSHA prohibiting entry to the place of employment or prohibiting the risky operation or process, you must post the OSHA notice in a conspicuous place at the place of employment and may not be removed except by an authorized OSHA representative. If you receive notice of potential exposure to COVID-19, the employer must do the following within one business day of the notice of potential exposure: Provide a written notice of potential exposure to 1. All employees; and 2. employers of subcontracted employees who were at the same … Continue reading