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.