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.
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.”
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.
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…
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.
As the pandemic descended in March 2020, restricting workforce millions to their homes, U.S Immigration and Customs Enforcement (ICE) suspended the in-person verification requirement for I-9 supporting documents, permitting remote methods – e.g., email, fax, and video platforms – to show proof of citizenship or other OK-to-work status.
From January 1, 2023 through December 31, 2023, California state minimum wage is $15.50 per hour for all employers, regardless of size.
Employee evaluations can be an excellent tool for enhancing management-workforce communications if properly conducted by well-written handbook policy.
In honor of Older Americans Month in May, Equal Employment Opportunity Commission (EEOC) Chair Charlotte Burrows recognized the large numbers of older workers remaining in the workforce and their strong value to employers, including:
California employers are not legally required to provide their employees with paid or unpaid vacation time. However, if the employer does provide such benefits, it must comply with certain restrictions under California law.