California Expands anti-discrimination law based on employee hair textures and styles

California is taking a step toward equality on all levels by passing the CROWN Act, effective January 1, 2020. The new statute adds an amendment to the existing anti-discrimination CA Fair Employment and Housing Act (FEHA) which specifically bans employers from discriminating against employees who wish to wear an Afro, braids, locks and twist. This protective hairstyles & hair texture amendment now protects individuals who wish to wear natural hairstyles in the workplace.

Bridging the Gap

There have been many recent instances of students being singled out because of their natural hair, or ethnic hairstyles that have been deemed “unacceptable” by a particular school. Although this law mainly benefits African American employees who wear natural hairstyles, it also protects students through amendments to the California Education Code. In fact, The CROWN Act prohibits schools and employers from enforcing policies which disparately impact the black community. This also provides leverage for employees who have gone through adverse employment action cause to take action for being an object of discrimination.

Human Resources departments must be vigilant in ensuring management knows and understands not only the law, but the ramifications that will ensue if violated. This means certain things must take place: 

• Inform management

A special meeting should be called with all C-suite and other management levels to train them on the new law. The training should be in-depth, addressing instances of hiring discrimination, snide remarks regarding hairstyles, and language on social media and any other external platforms that could be a potential risk for the organization.

• Inform employees

A company-wide communication should go out informing employees of the law, advising employees to contact their manager or Human Resources with questions. For those employees who wish to take action against a manager, they should immediately inform Human Resources.

• Review policies

Every internal policy should be revisited and revised if needed, along with any written communications within the company. Every employee handbook, website and intranet should reflect the new policies to cover any potential liability.

By being proactive in disseminating this information and training employees prior to the law going into effect, companies will start the new year in compliance and enhance the company’s culture on diversity and inclusion.

Whenever you require professional Human Resources or Payroll guidance to navigate the ever-changing landscape of California and Federal Employment Laws & Regulations, contact us for a no-obligation consultation.

eqHR Solutions provides professional, tactical and strategic human resources support; ADP payroll product implementation/training and payroll processing services for businesses throughout Southern California.

CA New Regulations to protect outdoor workers from wildfire smoke

Wildfires in California are increasing in nature, putting people, companies and their employees within harm’s way. As a result of these wildfires, the California Department of Industrial Relations’ (DIR)

Occupational Safety and Health Standards Board (OSHA) adopted an emergency regulation protecting outdoor CA employees from wildfire smoke. This regulation took effect in July 2019 and is effective for one year. What does this mean?

Work sites that are indoors and where air is filtered by mechanical ventilation is exempt. Additionally, firefighters are also exempt from protection under the regulation, and outdoor work sites where the AQI level does not exceed 151, or where the AQI level is 151 or greater for one hour or less during a shift.

Employer responsibility

Employers in California are responsible for determining employee exposure and protecting those workers who may be exposed to forms of wildfire smoke. These are the protocols they must follow:

• Identification of any harmful exposure to airborne particles or matter from wildfire smile before each work shift begins, and periodically during that shift by checking the AQI for PM 2.5 in any region workers are located.

• Reduction of harmful exposure of wildfire smoke. This may require relocating workers to an enclosed building with filtered air, or to another location where the AQI for PM 2.5 is 150 or lower.

• Provide respirators for employees where they can voluntarily use them if working conditions do not allow the removal from harmful exposure to wildfire smoke. Employees must also be trained on the new regulation, provided information on the health effects of wildfire smoke, and the safe use and maintenance of respirators.

A follow-up comprehensive review of this regulation will be done by Cal/OSHA with an advisory committee using the normal rule making process to permanently adopt these regulations. Until that time, the emergency regulation remains in effect.

Training is necessary

Because this regulation requires so much from employers in terms of them anticipating when wildfire smoke may become harmful to employees, it is important to have a team in place who has expertise in this area to keep the organization in compliance. There are federal and state websites that report the AQI levels daily, allowing employers to record when they visited the website and AQI level. If the level is above 151, the employer must communicate to the staff the next steps in limiting their exposure to wildfire smoke. For more information, employers may visit www.airnow.gov.

Whenever you require professional Human Resources or Payroll guidance to navigate the ever-changing landscape of California and Federal Employment Laws & Regulations, contact us for a no-obligation consultation.

eqHR Solutions provides professional, tactical and strategic human resources support; ADP payroll product implementation/training and payroll processing services for businesses throughout Southern California.

The Expanded CA Paid Family Leave Act

Beginning July 1, 2020, the CA Paid Family Leave Act (PFL)will see an expansion that will once again set the bar for other states to follow. 

When it was passed, the CA Paid Family Leave Act was the first legislation of its kind to offer paid leave to those who took time off work to care for seriously ill family members or to bond with a new child. Since then, New Jersey, Massachusetts, New York, Washington, Rhode Island, and the District of Columbia have passed similar legislation to compensate workers who take time off under these circumstances. 

PFL - Current Limits

Currently, California residents are entitled to compensation during leave from where they are caring for a seriously ill family member. By definition, this includes a parent, child, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner. They may also do so to bond with a new child, whether the child enters the family via foster care, adoption or birth. These benefits include partial pay for up to 6 weeks, administered by the Employment Development Department. 

PFL - New Benefits

Beginning July 1, 2020, the CA Paid Family Leave Act will extend its maximum leave duration from 6 to 8 weeks. If there are two caregivers, each who take off 8 weeks in turn to care for a family member or new child, the family as a whole has the potential to benefit from four months of paid leave. California's governor Gavin Newsom has plans to expand CA Paid Family Leave Act benefits in the future to allow caregivers to benefit from a potential six months of paid leave, when taken in turn. 

Things to consider

Like any legislation of this type, there are other factors for HR professionals to consider. Many employers have opted to make up the difference in salary for employees taking leave under the CA Paid Family Leave Act. The expansion of benefits from 6 to 8 weeks may unintentionally discourage employers from following suit. 

Currently, the CA Paid Family Leave Act benefits are well funded through the state's temporary disability insurance program. As the state continues to expand benefits, payroll taxes may be the first area tapped to fund any expansion. Currently, California's payroll tax rate is 1.0 percent of the first $118,371 in wages.  As it is currently written, the law authorizes a tax rate of up to 1.5 percent. Analysts expect an increase to 1.1 percent as early as 2020 in order to fund expanded benefits for more workers, with additional increases possible in future years.

California SB 1343 Harassment Training Requirement

If your workplace has five or more employees, you are required by California law to provide sexual harassment and workplace bullying training. Find out what's required to meet California's new law, which takes effect January 1, 2020

Under SB 1343, California employers with five or more employees are legally mandated to provide sexual harassment training within the first six months of hire, and every two years thereafter. The law requires that all employees receive at least one hour of sexual harassment training and supervisory employees receive at least two hours of training from a qualified trainer.

Training must be completed before January 1, 2020, including employees trained in 2018 or earlier. For additional information on this new regulation, refer to the DFEH  SB 1343 Fact Sheet or call us.

We offer the supervisor and staff live harassment training in English or Spanish at your Southern California location or via a webinar.

eqHR Solutions provides professional, tactical and strategic human resources support; ADP payroll product implementation/training and payroll processing services for businesses throughout Southern California.

CA SB 63 - Updated Poster Requirements

A reminder - California SB 63, the New Parent Leave Act (NLPA), now applies to California employers that have twenty (20) or more employees.

The new leave of absence law requires employers to allows for time off to bond with a newborn baby.  This change requires an updated poster and you can obtain an updated poster from the DFEH website (click here).

Also, if 10% or more of an organization’s employee base speaks a language other than English, the employer must post the notice in that respective language.  The Department of Fair Employment and Housing (DFEH) furnishes these posters in various languages (click here).

Your employment posters should be displayed in a common area visible to employees and applicants as required by the DFEH.  Do not forget to update your handbooks to include the new SB 63 requirements.

eqHR Solutions provides professional, tactical, and strategic human resources support; ADP payroll product implementation/training and payroll processing services for businesses throughout Southern California.

The Bulleit Group Named Technology Agency of the Year

We congradulate our client, The Bulleit Group, for being named the 2018 Technology Agency of the Year and The #3 fastest growing PR firm in the country and #11th in the world. 

Comments by founder, Kyle Arteaga 

Last night we were named Technology Agency of the Year. Of the finalists, we were by far the smallest. However, it certainly didn’t feel that way.

Every person we met had heard of us before, whether they worked in tech in Atlanta, telco in New Jersey or Clorox in Chicago. Our win came as a result of our consistently high standards for creativity and experimentation, our broad mix of clients and the impact we have made on their respective businesses. In parallel, we were also lauded as the #3 fastest growing PR firm in the country and #11th in the world.

This is a testament to each of you. We seek two consistent traits for our employees: curiosity and ambition. That’s how you impressed us during the interview process. You’ve translated those traits into delivering high-quality work for some of the most discerning people in the world. More importantly, you’ve taught us how to build teams. Alex and I work for you, our job is to ensure the world knows what you are capable so that there are opportunities to grow and develop.

Teamwork is a learned trait. With employees spread in 5 states, all from different backgrounds, it put a smile on our faces to see how fast people form bonds with their colleagues and clients.  Jessica and Taylor both joined us within a year of graduating college. Now both of them are building growing teams, they are undisputed experts at message development and distribution and their clients (business leads at Google) consistently remind us of this. It’s not surprising though since these are the standards that Paul and Leslie set for the team.

We have incredible developing talent. Due to the work we win, everyone here gets the opportunity to learn something new with each project. Every single one of us is client facing. One day we might be prepping to launch an airship, the next we are managing the damage when the airship blows into pieces from 100mph winds.

When Proctor & Gamble wanted to get credit for their advances in technology, they called us.

Some of our clients are famously accomplished. This week alone I met with the founder of Watson, the founder of Internet Explorer and the board of the world’s largest hedge fund (Bridgewater). Both founders are working on their second companies, and both trust us to manage their reputation. 

People trust Bulleit to manage their reputations. Think about that for a second. Think of the struggles they have gone through to get to where they are, to squander that is not an option. Oftentimes how the public perceives their mission or product is the deciding factor in whether their company succeeds or not. And that’s our responsibility.

Public Relations isn’t for the faint of heart, but it is for those of us who remain curious about the world around us and determined to be successful. Thank you all for joining us on this incredible journey!

And thank you for trusting us to manage your reputation. We don’t take that responsibility lightly.  Kyle Arteaga 

Paula Dinwiddie - eqHR Solutions New Team Member

Please welcome our newest team member

Paula Dinwiddie is both a successful and personable Human Resources leader. Paula has over 25 years of Human Resources Generalist, Leadership, and Executive experience. Her expertise is in Change Management, Process Improvement, Employee Relations, Management Coaching, and establishing policies and procedures. She has worked for large firms, such as the Jack Eckerd Corporation (35,000 employees) to IBM PC Company (5,000 employees.) The start-up companies where Ms. Dinwiddie has worked, she has typically joined the firm(s) when she was the under 100th employee and has built these firms up to over 1,000 employees. Paula’s skills in establishing successful HR functions and team is well known. Recently, she established the HR function and led a start-up company through a successful IPO. She has implemented numerous programs, systems, and metrics for large companies, as well as the start-ups. Paula is known for building high performing teams and managing full life cycle Employee Engagement, from recruiting (both FTE to 1099 Contractors) to on-going training to coaching for success. Ms. Dinwiddie brings a level of HR service to any firm that builds teams within a firm who are loyal, hard-working, and enjoy their work. 

Ms. Dinwiddie obtained two Master of Arts degrees from Tennessee Technological University and her Bachelor of Science degree from the same university. Ms. Dinwiddie has received education from the University of North Carolina (The Business of Human Resources) and from the University of Chicago (Human Capital Analytics: Using HR Metrics to Drive Results). 

Aside from being the Human Resources “guru”, Ms. Dinwiddie volunteers on a HR Committee for a local community organization, has been interviewed on Performance Management article in Professional Management Magazine, is an active member of several professional HR organizations, and is certified in “Interaction Management” through DDI and “HR Management for Call Centers” through SHRM.

California HR Professionals - 2019 To Dos

As the new year begins it’s an excellent time to look ahead and prepare yourself for the year ahead. Below is a list of to-dos to get you ready for the new year:

• Devise a plan to ensure that all supervisors receive 2 hours and all non-supervisors receive 1 hour of anti-harassment training
• Review all settlement and confidentiality agreements to ensure compliant with new legislation limiting prohibitions of disclosing information
• Ensure that policies address all types of harassment claims against non-employees
• Review all independent contractors to ensure compliant with the ABC test
• Add policy to Handbook prohibiting off the clock work
• Add policy to Handbook prohibit recording conversations, phone calls, images, or Company meetings with any recording device, or capturing videos or images using cellular telephones, cameras, and other similar devices without prior approval
• Review compensation to ensure new California minimum wage is being paid (note: this is CA, other local ordinances may apply)

Category	Over 25 Employees	Under 25 Employees
Hourly/non-exempt	$12	$11
Salary/exempt	$49,920	$45,760

• Update new hire packets to ensure using the newly issued unemployment insurance and Paid Family Leave pamphlets
• Update employment postings including minimum wage and Workplace Discrimination and Harassment
• Begin compiling information for the Cal/OSHA Work-Related Injuries and Illnesses log. The 300A summary must be posted from February 1 to April 30 in a visible area at each job location
• Remember ACA deadlines:

ACA Requirement	Deadline
1095 forms delivered to employees	March 4 (extended from Jan 31)
1094 Paper filing with IRS	Feb. 28
1094 Electronic filing with IRS	April 1

• Review record retention guidelines and purge/destroy sensitive records
• Move terminated employee records to storage
• Separate I9s for terminated employees to separate binder/folder
• Review job descriptions for accuracy and update
• Ask employees to verify address, beneficiary, W-4 and emergency contact information
• If you provide front loaded paid sick leave on January 1, be sure new balance shows on the first paystub of the year

Lauren Sims is the article’s author and the Director of Human Resources.Whenever you require professional Human Resources or Payroll guidance to navigate the ever-changing landscape of California and Federal Employment Laws & Regulations, contact us for a no-obligation consultation.

eqHR Solutions provides professional, tactical and strategic human resources support; ADP payroll product implementation/training and payroll processing services for businesses throughout Southern California.

2019 CA New Laws in Response to #MeToo Movement

Impact of the #MeToo movement

The impact of the #MeToo movement can be seen in a wave of new legislation, an increase in EEOC enforcement and an increase in civil cases. The #MeToo movement has also increased Fair Pay Act filings and more scrutiny in enforcement. 

The following are new legislation driven by the #MeToo Movement: 

• SB 224 expands the types of professional and business relationships that can be the basis of a sexual harassment claim. It also expands the investigative scope of the Department of Fair Employment and Housing (DFEH) when enforcing the law. The bill specifically includes investors, elected officials, lobbyists, directors and producers as listed persons who may be liable for sexual harassment. SB 224 also eliminates the requirement that the accuser proves there is an inability by the plaintiff to easily terminate the relationship. 

Individuals who have a professional or businesses relationship with an individual and are not in a direct employment relationship or are a third party much understand that they may face harassment liability. 

• SB 820 prohibits requirements in settlement agreements, entered into after January 1, 2019, that prevent the disclosure of truthful information relating to claims of sexual assault, harassment, or discrimination based on sex, that are filed in a civil or administrative action. 

Employers should review confidentially provisions in settlement agreements to ensure compliance. 

• SB 1300 stipulates that an employer can now be held responsible for the acts of nonemployees in respect to all types of prohibited harassment of employees, applicants, unpaid interns, volunteers and contractors. The legislation also authorizes, though doesn’t require, an employer to provide bystander intervention training to their employees for how to recognize potentially problematic behavior and act when they observe problematic behaviors. SB 1300 also: 

Prohibits an employer from requiring an employee to sign a release of claim or right under FEHA in exchange for a raise, bonus or as a condition of employment. 

Prohibits employers to require employees to sign a nondisparagement agreement or other document that denies the employees’ right to disclose information about unlawful acts in the workplace. 

Stipulates that a single incident of harassment is enough to qualify as severe and pervasive. 

Reinforces prior case law reinforcing the “Stray Remarks Doctrine” that the existence of a hostile work environment depends upon the totality of the circumstances and a discriminatory remark, even if it is not made directly in the context of an employment decision or uttered by a non-decisionmaker. 

Specifies that harassment cases are rarely appropriate for disposition on summary judgment. 

• SB 1343 expands sexual harassment training requirements. Under this legislation, all employers with at least five employees must provide at least two hours of sexual harassment training and education to all supervisory employees and at least one hour of sexual harassment training to all non-supervisory employees by January 2020 and once every two years thereafter. 

• AB 2770 designates certain types of employer communications regarding sexual harassment as “privileged.” Employers should continue to limit information provided in reference checks of prior employees to avoid defamation claims. 

• AB 3109 voids a provision in a contract or settlement agreement entered into after January 1, 2019 if it waives a party’s right to testify in an administrative, legislative, or judicial proceeding concerning alleged criminal conduct or sexual harassment. 

Employers must recognize the trend in recent legislation that is in direct response to #MeToo. All settlement and confidentiality agreements should be reviewed as well as policies on reference checks. Most of all, employers should plan now to ensure that they meet the new sexual harassment training requirements that must be met by the end of 2019. 

Lauren Sims is the article’s author and the Director of Human Resources. Whenever you require professional Human Resources or Payroll guidance to navigate the ever-changing landscape of California and Federal Employment Laws & Regulations, contact us for a no-obligation consultation. 

eqHR Solutions provides professional, tactical and strategic human resources support; ADP payroll product implementation/training and payroll processing services for businesses throughout Southern California. 

Federal De Minimis Doctrine - Not in California

In July 2018, the California Supreme Court issued a decision in Troester v. Starbucks that held that Starbucks must pay its employees for minutes spent regularly performing off-the-clock tasks and finding that the federal de minimis doctrine did not apply in this case. 

The federal de minimis doctrine states that an employer does not have to pay an employee for working time that is trivially small. The California Supreme Court decision rules that an employer that requires its employees to work minutes off the clock on a regular basis or as a regular feature of the job are obligated to compensate the employee of that time. In other words, the de minimis doctrine does not apply. 

Examples of work that Troester performed off the clock that Starbucks hadn’t compensated for included: locking the store, setting the alarm system, and walking employees to their cars. Troester was seeking payment for 12 hours and 50 minutes of work over a 17-month periods which amounted to $102.67. The Court stated that this amount “is enough to pay a utility bill, buy a week of groceries or cover a month of bus fare,” which they reason is not de minimis. 

This case reinforces that employers must continue to take proactive steps to deter off the clock work. Written policies should be implemented that make clear the employer does not tolerate off the clock work. Employers should also provide a method for employees to record time worked, pre-shift, post-shift, at home, etc. no matter how trivially. Employers must recognize that trivial work must be compensated, especially if employees are required to perform the work on a regular basis, such as reviewing and certifying their time cards every other week.

Employers should also ensure that if they have a rounding policy on their time keeping system, that the policy is fair to employees and is primarily in their favor. 

Lauren Sims is the article’s author and the Director of Human Resources. Whenever you require professional Human Resources or Payroll guidance to navigate the ever-changing landscape of California and Federal Employment Laws & Regulations, contact us for a no-obligation consultation. 

eqHR Solutions provides professional, tactical and strategic human resources support; ADP payroll product implementation/training and payroll processing services for businesses throughout Southern California.