Author Archive
TAKE HEED
Responding to Harassment and Discrimination Complaints Correctly
Employees and former employees routinely file internal grievances and/or lawsuits alleging that their employer did not take their claims of harassment or discrimination seriously. While this does not automatically mean the bad behavior occurred, only a foolish employer shrugs off such issues at the outset. Doing so, and especially disciplining the complainant for making the complaint, usually leads to an additional claim – for retaliation.
As a reminder, protected classifications in California include: race, color, ancestry, national origin, religion, creed, age (40 and over), mental and physical disabilities, sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions), sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, and military or veteran status. Harassing or discriminating against an employee because the person falls under one or more of those classifications is strictly illegal.
RISING FROM THE ASHES
Legislature Revives Industrial Welfare Commission
California has numerous government agencies concerned with employment and labor issues. Until its disbanding 20 years ago, they included the Industrial Welfare Commission (IWC), the source of the 18 Wage Orders, largely by industry, still enforced in the state.
ROAST AND TOAST
Preventing Workplace Heat Illness
In the face of a particularly intense string of 100-plus degree days ahead, Cal/OSHA’s July 12, 2023 news release reminds employers to safeguard workers from heat illness, referencing the particular areas of the state likely to be hit the hardest.
HANDBOOK HELPER EPISODE 31
RESIGNATIONS AND TERMINATIONS POLICY
Ending the employment relationship can be relatively painless if properly conducted in adherence to a well-written handbook policy and legally compliant procedures.
Federal Law Changes Require New Mid-Year Posters
While ordinarily a January 1 activity, some changes in federal laws are requiring employers to update their employment law posters as of July 1, 2023. The changes are triggered by the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act) and the Pregnant Workers Fairness Act (PWFA).
CAUTIONARY TALE EPISODE 70
KEEP EMPLOYEES SAFE
When people read about a deranged gunman murdering seven agricultural workers at two farms in Half Moon Bay, they likely gave no thought to possible OSHA safety citations for the employers. However, Cal/OSHA has now investigated those incidents and is proposing penalties against California Terra Garden, Inc. (Terra) and Concord Farms Inc. (Concord) of $113,800 and $51,770 respectively.
HANDBOOK HELPER EPISODE 30
TARDINESS POLICY
Tardiness is any time an employee arrives late to work or is not ready to work at the start of a scheduled shift.
Unexcused or excessive tardiness can often lead to disciplinary action. However, employers must administer tardiness standards in a uniform, nondiscriminatory manner. No-fault attendance policies, such as automatic discipline for five or more lateness in a three-month period should never include legally protected reasons, e.g., reasonable disability accommodations, mandatory paid sick leave, pregnancy disability leave, jury duty, or Labor Code 1139 “emergency conditions.”
CAUTIONARY TALE EPISODE 69
TAQUERIA TANKED AFTER PRIEST PRANK
While the truth has been frequently known to set individuals free, Sacramento-based Taqueria Garibaldi has received a $140,000-plus reality adjustment after reportedly attempting to intimidate staff by having a fake priest extract confessions during a U.S Department of Labor investigation.
HANDBOOK HELPER EPISODE 29
ATTENDANCE AND ABSENCE POLICY
Attendance and absence policies should of course make clear that turning out as scheduled is expected. The care comes in listing excused or authorized absences, including legally-protected sick leave, pregnancy disability leave, on-the-job injuries or illnesses, and, as of January 1, 2023, permitted “emergency condition” absence under California Labor Code section 1139. That law protects covered employees for refusing to report to, or leaving, a workplace on a reasonable belief of an unsafe “emergency condition” defined…
BOOGIE DOWNER
Misogynistic Music as Workplace Sexual Harassment
Management should put some thought into the content of music transmitted over workspaces. In Sharp v. S&S Activewear, L.L.C. (June 7, 2023), the federal appeals court for the western states drew the line between at least tolerably appropriate and unlawfully offensive.