Essential Written Policies for the California Workplace

Employment policy doesn't have to be written but you will never hear this firm saying that. Particularly in litigation happy California, clearly stating personnel expectations and boundaries in a regularly updated manual or other compilation is not just good sense, it can amount to business suicide prevention.

Written workplace policy and protocols should include but not be limited to:

• Hiring standards and compliant application forms;
• At-will employment status;
• Hours of work, timekeeping, meal, rest and cool-down periods;
• Compensation standards and practices;
• California Family Rights Act (CFRA) Leave (five or more employees);
• Confidentiality of internal company information, e.g., client/patient listings;
• Individual employee acknowledgment of policy receipt and responsibility;
• Equal employment opportunity (EEO), including zero-tolerance on discrimination, harassment and retaliation;
• Harassment prevention training (five or more employees);
• EEO reporting (100 or more employees);
• Family Medical Leave Act (FMLA) (50 or more employees);
• Injury and illness prevention plan;
• Pandemic disease prevention and leave;
• Inspections of employee work areas and personal property;
• Integration with existing policy; future modifications;
• Lactation accommodation;
• Paid sick leave benefit;
• Pregnancy disability leave (five or more employees);
• Prevention of violence;
• Privacy of employee personal and medical information;
• COBRA (continuing health insurance) (20 or more employees);
• Cal-COBRA (continuing health insurance) (two or more employees);
• CalSavers (state-run set-aside retirement program for employers not offering another plan) (five or more employees); and
• WARN Act (plant closure/mass layoffs) (75 or more employees)

Businesses may also need to follow particular industry personnel rules that should be in writing, e.g., the current COVID prevention standards for health care practices and the affirmative action protocols for certain federal/state contractors.

For more information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Expanding Retirement Account Opportunities - Employers of Five or More Must Register for CalSavers by June 30, 2022 (April 15, 2022)
• Management's Best Foot Forward - Workplace Policy Handbook & Forms for 2022(February 18, 2022)
• The Peril of Ignorance - Know and Comply: California's Itemized Paystub Requirements (May 6, 2021)

Tim Bowles
April 22, 2022