Comparing the Big 3 Workplace Leave Laws – FMLA, CFRA, and PDL
Life happens, people fall ill or their family members get sick and they need to take leave from work. Sometime’s it’s for a joyous occasion like the birth or adoption of a baby. But even joyous occasions are stressful for employees when it interrupts their ability to work. When an employee has to take leave from work, employers are then concerned about getting coverage and worried about administering the leave in a legally compliant way. Here is a guide to help both employers and employees understand the workplace leave laws available to California workers. We will talk about the big 3 – Family Medical Leave Act (FMLA), California Family Rights Act (CFRA), and California Pregnancy Disability Leave (PDL). These laws offer essential protections but have distinct requirements and benefits. Family Medical Leave Act (FMLA) The FMLA is a federal law that applies to employers with 50 or more employees within a 75-mile radius. To qualify, employees must have worked for the employer for at least 12 months and worked at least 1,250 hours in the past year. FMLA provides up … 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
Post-COVID or Long-COVID As a Disability
What is Post-COVID condition? According to the CDC, although most people with COVID-19 get better within weeks of illness, some people experience post-COVID conditions. Post-COVID conditions are a wide range of new, returning, or ongoing health problems people can experience four or more weeks after first being infected with the virus that causes COVID-19. Even people who did not have COVID-19 symptoms in the days or weeks after they were infected can have post-COVID conditions. This prolonged after-effects of COVID may have different names such as long COVID, long-haul COVID, post-acute COVID-19, long-term effects of COVID, or chronic COVID. Regardless of the name, the effect is the same; that is, for some people the road to recovery from COVID-19 will take longer than the anticipated 2 weeks. Some of the reported symptoms include: Difficulty breathing or shortness of breath Tiredness or fatigue Symptoms that get worse after physical or mental activities Difficulty thinking or concentrating (sometimes referred to as “brain fog”) Cough Chest or stomach pain Headache Fast-beating or pounding heart (also known as heart palpitations) Joint or muscle pain … Continue reading
California Supreme Court Clarifies Proper Way to Pay Meal Period and Rest Break Premiums
The California Supreme Court, in the case of Jessica Ferra v. Loews Hollywood Hotel, LLC recently clarified the correct way to calculate meal period and rest break premium pay . . . and it’s not how most California businesses were calculating it. What are Meal Period and Rest Break Premiums? California Labor Code Section 226.7 requires employers to pay employees “one additional hour of pay at the employee’s regular rate of compensation for each workday” that an employee was not provided with a meal or rest period. Unfortunately, many employers are not aware of this requirement to pay a meal and rest period premium if employees are not able to take their meal breaks and rest breaks. Before we discuss the correct way to pay the premiums, let’s review the basic meal and rest break rules in California. What are the Rest Break Rules in California? In California, the Wage Orders require employers to authorize and permit non-exempt employees to take a 10-minute, uninterrupted, rest period for each four-hour work period or major fraction thereof. The Division of Labor Standards … Continue reading
Employee Pay: On-Call Shifts and Reporting Time Pay
Putting employees on-call or requiring them to call in before shifts could raise employee pay issues. Businesses that experience fluctuations in foot traffic, calls, or demand, face the difficulty of predicting employee schedules. Since needs change quickly, it could be difficult to anticipate how many employees the business needs on any given day or part of the day. Many businesses choose to address this difficulty by scheduling employees for on-call shifts to ensure that there are workers on stand-by who are ready to step in on short notice if the need arises. Depending on your business’s particular rules and practices related to these on-call shifts, you may have employee pay violations if on-call employees are not paid “reporting time” pay. A California Court of Appeal in the case of Ward v. Tilly’s, Inc., addressed the question of what it means to “report to work” for purposes of determining whether the employee is owed “reporting time pay” under the wage order (Wage Order 7 that governs the mercantile industry in this case). In that case, Tilly’s scheduled its employees for a … Continue reading
Salary History and Equal Pay Laws Clarified
News of the Pay Privacy law prohibiting reliance on an applicant’s salary history in determining employment and pay hit the business world at the end of 2017 and went into effect in January 2018. Since pay is a large factor in the hiring decision, the new law raised many questions among business owners who are especially concerned about complying with California employment laws. Some of the common questions related to the salary history requirements and equal pay were: Is it legal to ask an applicant about their desired salary or salary requirement? Am I liable if an applicant voluntarily gives me their salary history or what they made a their last job? If an applicant voluntarily discloses their salary history, can I take that information into consideration? What about a current employee, I already know what they make, so can I take their salary into consideration to determine raises or pay for a new or different position? The conflict between California labor and employment laws and the practical questions that business owners must ask and take into consideration in order … Continue reading
New Independent Contractor Test Could be Game Changer
The California Supreme Court recently published an opinion that describes a new independent contractor test that is broader than the current independent contractor test. The “Borello” multi-factor test has been applied for decades, and this new test makes it harder for businesses to properly classify a worker as an independent contractor. This opinion will affect many businesses that hire independent contractors within the State of California. The main take away from this opinion, Dynamex Operations W. v. Super. Ct., Cal. is this: There is a new independent contractor test for purposes of the obligations imposed by a wage order. Here is a breakdown to help understand the preceding statement: What are wage orders? In California, employment laws are spelled out in different places, including statutes, case law, and wage orders. This case specifically addresses the obligations that are imposed on employers by the wage orders that apply to different industries. These wage orders address issues such as the payment of wages (minimum wage), regulating meal and rest breaks, and the number of hours worked (overtime pay), for example. Since these wage … Continue reading
Tip Pools – Law Changes (Again)
Two years ago, the Ninth Circuit held that employers may not share tips from tip pools to back of the house staff who aren’t in the “chain of service.” Last month, this rule was revised by federal law. This means that California employers in the restaurant, hotel, and other service industries where tips are common place, may now distribute tips to those who were previously excluded, such as cooks and dishwashers. This is a welcome change that many of my clients who own restaurants and hotels believe is the fairer rule. Below is a recap on what this means for California employers: Tip pooling policies may now provide that back of the house employees can share in tip pools. This means that tip pooling policies may now require tip pools to be distributed not only to bussers but also to cooks and dishwashers, for example. This practice was prohibited in the last 2 years. Certain employees are still prohibited from being paid from tip pools. Owners, managers, or supervisors of the business may not share in tip pools. Employers should … Continue reading
New Law 2018 –Immigration Enforcement
Immigration was a hot topic this year and starting January 1, 2018, employers will see increased obligations as they relate to employees’ immigration status. Earlier this month, Governor Brown signed AB 450 into law. Beginning January 1, 2018, employers will have the following obligations as they relate to immigration enforcement agents and the workplace: 1. No access without a warrant: Employers, and others acting on their behalf, may not voluntarily consent to immigration enforcement agents entering nonpublic areas of a place of labor without a warrant. For example, if you own a restaurant, immigration enforcement agents are free to enter the dining room but may not enter the kitchen or back office without a warrant permitting them to do so. Penalties for violating this requirement are $2,000 to $5,000 for the first violating incident and $5,000 to $10,000 for each subsequent violation. 2. No inspection of records without warrant or subpoena: Employers, and others acting on their behalf, may not voluntarily provide immigration enforcement agents the ability to access, review, or obtain the employer’s employee records without a subpoena or … Continue reading