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Aspreviously reported, California's Fair Employment and Housing Act (FEHA) prohibits racial discrimination for an employee's and applicant's "historically" race-related hairstyles under the 2019 Creating a Respectful and Open Workplace for Natural Hair (CROWN) Act.
As previously reported, California's Fair Employment and Housing Act (FEHA) prohibits racial discrimination for an employee's and applicant's "historically" race-related hairstyles under the 2019 Creating a Respectful and Open Workplace for Natural Hair (CROWN) Act.
Recently-enacted AB 1815 removes that vague and undefined "historically." Thus, simply:
Employers of course may require all employees to maintain a clean and neat appearance. However, dress and grooming policies must not prohibit protective hairstyles.
Take-Aways:
AB 1815 applies retroactively as a declaration of existing law. California employers should promptly update their dress code policies and equal employment opportunity statements with the assistance of competent legal counsel.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Cindy Bamforth
November 8, 2024
Unemployment Insurance Code 3303.1has permitted California employers to require an employee to take up to two weeks of earned, unused vacation prior to commencingPaid Family Leave(PFL).
Unemployment Insurance Code 3303.1 has permitted California employers to require an employee to take up to two weeks of earned, unused vacation prior to commencing Paid Family Leave (PFL).
No longer. Under AB 2123, effective January 1, 2025, employers may not compel workers to take pre-PFL paid vacation.
For further assistance, please contact one of our attorneys, Tim Bowles, Cindy Bamforth or Helena Kobrin.
Take-Aways:
The change underscores the need for at least annual workplace policy review and revision to stay current with changing state and federal laws. Coming soon: our 2025 model handbook and forms amendments.
See also:
Helena Kobrin
November 1, 2024
California'sFair Employment and Housing Act(FEHA) * forbids harassment against employees that alters the conditions of employment resulting in an abusive work environment; and * prohibits retaliation for complaining of harassment. To rise to the level of unlawful harassment, the behavior must be severeorpervasive.
California's Fair Employment and Housing Act (FEHA) * forbids harassment against employees that alters the conditions of employment resulting in an abusive work environment; and * prohibits retaliation for complaining of harassment. To rise to the level of unlawful harassment, the behavior must be severe or pervasive.
The California Supreme Court recently held in Bailey v. San Francisco District Attorney's Office that a single racial epithet can be severe enough to violate FEHA.
In Bailey, Saras Larkin, a co-worker who shared an office with Twanda Bailey, an African American employee of the San Francisco District Attorney's Office, called Ms. Bailey the N-word, causing her great emotional distress. The two shared an office and work duties and had to cover for each other, making it impossible for Ms. Bailey to distance herself from Ms. Larkin.
The court stated that "unambiguous racial epithets," including "the N-word in particular," are "odious and injurious" and that an employer could be liable for such conduct by co-workers as well as supervisors. The issue addressed was whether the co-worker's "one-time use of the N-word was, under the totality of the circumstances, sufficiently severe as to create a hostile environment."
When senior management learned of the situation and investigated, it concluded that a single racial slur was insufficient to cause an abusive work environment. The trial and appeals courts agreed. The California Supreme Court disagreed and sent the case back for the Court of Appeal to address the issues, including whether bad behavior by the DA's personnel director towards Ms. Bailey after this incident constituted retaliation.
Take-Aways:
Employers need to take seriously complaints of discrimination and harassment and steer clear of retaliation when employees report such issues. They must provide the required harassment training to all employees. Among other resources, the Bowles Law Firm offers online and in-person harassment training, an annual Employment Law Seminar that includes training on this subject, and a Handbook that lays out the required rules on harassment and discrimination and how to field reports that have occurred. See links below.
For further assistance, please contact one of our attorneys, Tim Bowles, Cindy Bamforth or Helena Kobrin.
See Also:
Helena Kobrin
October 25, 2024
Aspreviously reported, recently enacted Labor Code sections1182.14and1182.15substantially increase minimum wage for workers in various health care facilities, eventually raising the rate to $25/hour, superseding local minimum wage laws.
As previously reported, recently enacted Labor Code sections 1182.14 and 1182.15 substantially increase minimum wage for workers in various health care facilities, eventually raising the rate to $25/hour, superseding local minimum wage laws.
Governor Newsom delayed the implementation until either ●certain state revenues increased or ●the Department of Health Care Services (DHCS) notified the legislature of steps taken to implement increased funding of supplemental Medi-Cal program payments, in which case the minimum wage increases would occur the earlier of January 1, 2025, or 15 days after DHCS's notification date.
On October 1, 2024, the DHCS notified the legislature of the above steps, thereby causing the wage increase to take effect on October 16, 2024.
Take-Aways:
As of October 16, 2024, covered health care employers must comply with these minimum wage increases and post the official Health Care Minimum Wage Supplement notice. Employers can also refer to the Department of Industrial Relations (DIR)'s updated FAQs.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Cindy Bamforth
October 23, 2024
California Labor Code 3550 requires employers to prominently display aNotice to Employees-Injuries Caused by Work(the Notice) on:
California Labor Code 3550 requires employers to prominently display a Notice to Employees-Injuries Caused by Work (the Notice) on:
On July 15, 2024, Governor Newsom signed AB 1870, which as of January 1, 2025, requires the Notice to further state:
Take-Aways:
Failure to conspicuously post the Notice shall constitute a misdemeanor and evidence of noninsurance. Employers can preorder the 2025 "all-in-one" state and federal poster from the California Chamber of Commerce.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Cindy Bamforth
October 18, 2024
With the proper guidelines in place, a workplace Halloween party can build teamwork and morale.
With the proper guidelines in place, a workplace Halloween party can build teamwork and morale.
DO: Evaluate what type of Halloween festivities best fit your company's culture.
DO: Consider ways to celebrate the occasion that minimize the chances for unwanted romantic advances and other improper conduct, for example holding a Halloween luncheon (and not a night party) or including workplace-appropriate team building games and activities.
DO: Make participation in your Halloween celebration voluntary. Respect employees who do not wish to take part.
DO: If you allow costumes, provide advance guidelines, including examples of inappropriate get-ups such as skimpy outfits and costumes likely to be insulting or offensive to other races, cultures, religions, etc.
DO: Apply discipline as needed, such as sending an employee home to change if the costume is inappropriate for the workplace.
DON'T: Allow supervisors to behave inappropriately. Supervisors and managers must be role models and set the example.
DON'T: Look the other way if an employee is being teased about his or her outfit. Such teasing can lead to a harassment claim if management stands by and does nothing.
DON'T: Encourage employees to dress as other co-workers. Such impersonations can lead to mockery or other inappropriate conduct, hurt feelings and/or harassment claims.
DON'T: Allow alcohol consumption. Your business can be liable for physical injuries incurred or sexual harassment committed by a person served alcohol at a company-sponsored party, whether on or off the job or on or off company premises.
For further assistance this holiday season, please contact one of our attorneys Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Tim Bowles
October 11, 2024
California employers must prominently display a workplace whistleblowers' rights and responsibilities notice.
California employers must prominently display a workplace whistleblowers' rights and responsibilities notice.
The Labor Commissioner's Office's (LCO) existing "Whistleblowers are Protected" sample notice states the agency "believes" (but does not guarantee) that its text complies with applicable law.
On July 15, 2024, Governor Newsom signed AB 2299, which:
Take-Aways:
Employers should continue posting the LCO's sample notice (which is also contained in the California Chamber of Commerce's all-in-one state and federal poster) until the LCO releases its updated notice.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Cindy Bamforth
October 4, 2024
Election Code 14000requires an employer to provide an employee either beginning or end of shift time off to vote in a statewide election if that person cannot otherwise do so outside work hours. The company must pay for up to two hours of that voting time.
Election Code 14000 requires an employer to provide an employee either beginning or end of shift time off to vote in a statewide election if that person cannot otherwise do so outside work hours. The company must pay for up to two hours of that voting time.
An employee who knows of the need for time off to vote three days before the election must inform the employer at least two days before that date.
Election Code 14001 requires that employees post a notice of those rights at least 10 days before an election. October 26 is the last day to post such a notice prior to the November 5, 2024 election.
The Secretary of State's website contains a page with these rules, providing the notice in several languages.
Take-Aways:
Employers should get their voting rights notices up by October 26.
For further assistance, please contact one of our attorneys, Tim Bowles, Cindy Bamforth or Helena Kobrin.
See Also:
Helena Kobrin
October 4, 2024
The California Labor Commissioner's Office (LCO) has obtained a $1.7 million settlement from a Bakersfield-based Wingstop restaurant franchisee on behalf of 550 employees.
The California Labor Commissioner's Office (LCO) has obtained a $1.7 million settlement from a Bakersfield-based Wingstop restaurant franchisee on behalf of 550 employees.
The LCO's investigation found the owner had shuttled workers between his five Wingstops locations to deprive them of minimum wage, overtime, and meal breaks.
By treating each location as a separate employer in violation of Revenue and Taxation Code section 23626, the workers improperly received the lower minimum wage rate designated for employers with 25 or fewer employees.
As a result of moving locations during the workday, employees were:
Labor Commissioner Lilia Garcia-Brower stated: "This case highlights abuses that take place in low-wage industries such as franchised fast-food restaurants where separate corporate entities are created by the same employer to improperly lower labor costs. The law is clear that such corporate schemes undercut law-abiding employers and circumvent worker protections."
Take-Aways:
To avoid wage-related violations and penalties, businesses with multiple locations must obtain proper legal and tax advice. Our firm can conduct friendly reviews of company payroll and documentation practices before any government agency comes knocking with real or imagined employee grievances and millions in potential damages.
For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.
See also:
Cindy Bamforth
September 27, 2024