
California and the federal government require employers to conspicuously post a range of printed statements on workplace laws and required procedures, most available online from such agencies as the California Department of Fair Employment and Housing (DFEH), California's Employment Development Department (EDD), the California Department of Industrial Relations (worker's compensation), theCalifornia Industrial Welfare Commission (IWC)(wage orders), and theU.S. Department of Labor.
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Beginning 2019, any agreement to settle a California sexual harassment, sexual assault or sex discrimination court or administrative complaint could not include a confidentiality provision prohibiting disclosure of information regarding the claim. See,Silence is Not for Sale; Hush Money for Sexual Harassment, Assault and Retaliation Now Prohibited in California(October 18, 2018)
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Last year California expanded unpaid family and medical leave under the California Family Rights Act (CFRA) to cover employers with five or more employees (instead of the prior 50 or more or payroll).
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California has long regarded intentional employer failure to pay wages and tips as a misdemeanor, with civil penalties and remedies for their recovery. Labor Code sections215and216. Effective January 1, 2022, prosecutors will have the discretion to bring felony charges for such violations under certain conditions.Penal Code section 487m.
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A.B. 1701, effective January 1, 2018, made "direct contractors" liable for all wages and benefits that any subcontractor at any level on a job fails to pay its workers, plus accrued interest. The resulting law, Labor Code 218.7, applies to any California contractor having a direct contract with an owner "for the erection, construction, alteration, or repair of a building, structure, or other private work."
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California regulates the wages and hours of workers through a series of "Wage Orders."Wage Order 15(WO 15) covers employees engaged in so-called "household occupations," including "personal attendants."
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For the relative ease in proving wrongdoing, unlawful retaliation against an employee for having complained of improper workplace conduct or conditions continues as the "go-to" accusation of choice against employers.
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The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting sexual harassment and retaliation.
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California lawrequires employers with five or more on payroll to provide sexual harassment prevention and resolution training to all managers and employees every other year. We offer an interactive live webinar as a superior alternative to impersonal point-and-click online training.
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