Do you want to know the secret of achieving pay equity in the workplace (at least in the long term)?  Well, it is really about the dads. Yes, that’s right.  The more paid time off given to fathers, the more likely it is the a company will achieve long term pay equity.  Why you ask?

Because when time off for babies and kids becomes a parental issue, and not a women’s issue, then women stop being punished (whether directly or indirectly) for taking time off to give birth and raise kids.  And if you are wondering if women really are set back by being pregnant or active parents, then read this recent article in the New York Times.  Women are set back.  Having kids can be a career killer. There is a documented motherhood penalty.

This is why parental leave policies, as opposed to maternity and paternity leave policies, are the wave of the future.  If your business has not revised its time off policies for all parents (whether female/male, gay/straight, birth parent/non-birth parent), then it is time to consider it.  Otherwise, you just could be the next company in the news (and not in a good way).

Oh, and by the way, having a policy is one thing.  But actually encouraging dads to use it is (instead of punishing them for it, whether overtly or covertly) is another critical step.

Happy father lying on sofa holding baby girl and playingIn honor of Father’s Day (albeit a week late), let’s hear it for the dads! Especially if it ultimately helps the moms get paid the same as those dads!

To keep employers guessing, not only does the state minimum wage increase every year, but many cities do as well. Currently, California’s minimum wage is $11 per hour (or $10.50 for employers with up to 25 employees).

Red balloons on blue sky spelling "Guess"While state minimum wage goes up in January, some cities like to keep things complicated by increasing their minimum wage as of July 1st.  One such city is Santa Monica, where the minimum wage goes up to $13.25 on July 1st.  The $13.25 rate also applies to Los Angeles as of July 1st for employers with 25 or more employees; those with under 25 employees must pay $12.00.

To keep things really confusing, certain hotel workers in Santa Monica and Los Angeles get even higher rates; on July 1st hotel workers in those cities get an increase to $16.10 per hour.

Yes, California likes to keep employers guessing.  Thankfully you have this blog to keep the guesswork out of your wage and hour compliance.

 

It happens more often than you think.  An employee in good standing is “outed” as being listed on a sex offender registry.  His/her coworkers are up in arms.  Now what?  Can he/she be fired?

Given California’s relatively new “ban the box” law, employers are limited in how they can use criminal history in employment decisions.  For current employees, once a conviction is uncovered, you can’t automatically fire someone for it.  Rather, employers must make an individualized assessment to determine if the conviction has a direct and adverse relationship with the actual job.  To do so, employers must consider:

  • The nature and gravity of the offense or conduct;
  • The time that has passed since the offense or conduct and the completion of the sentence; and
  • The nature of the job held or sought.

This also means the employer must talk to the employee and get his/her side of the story.

For example, if the offense was 20 years ago, and the employee is long-tenured without any formal discipline as to any inappropriate conduct (such as harassment), a termination would not be justified in most workplaces.  However, if the workplace involves children, or law enforcement, or positions that require certain licenses, then that is a different story.

There are other avenues to address the situation, such as lying on an employment application.  An employer with a well-worded employment application, where the conviction was omitted at the time of hire, could justify termination (especially if others have also been terminated for material misrepresentations on the application).  In addition, dishonesty (or lack of candor) in the investigation process once commenced can also justify termination.

While many coworkers might not want to work with known sex offenders, the flipside is that there are over 100,000 registered sex offenders in California.  And the trend in California is to give more rights to those who want to work, not less.  And yes, that applies to sex offenders.

Spring is here! And for those of us in sunny Southern California that means it is music festival season. First up is Coachella and then Stagecoach, with more to follow until October. Days and nights filled with music, food, beer, cocktails, and of course, legal recreational marijuana.

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I recently had a terrific question from an employer who is sending a group of employees to staff a food booth at Coachella, and is providing group accommodations for them all. Can we implement some sort of wavier they asked? Great question, right?

While an employer cannot ask an employee to waive all rights arising from offsite work, an employer certainly can (and should) clarify expectations. Some suggested topics for offsite expectations include:

  • Clarification that all company policies apply to offsite work and time spent in provided accommodations.
  • That means no alcohol or drugs while on duty or while in provided accommodations.
  • Violations of those policies (including harassment policy), will lead to discipline up to and including termination.
  • Managers are responsible for setting the example.
  • What they do off duty still applies (i.e. manager can still harass when not working).
  • Include a number to call or steps to take if someone feels uncomfortable in shared accommodations or witnesses a policy violation.
  • Set up clear protocols for how non-exempt employees should log time worked, including meal and rest breaks and travel time.

Having all employees sign off on expectations before going offsite, and taking steps to address any problems quickly and effectively, should help to limit bad behavior, and hopefully liability, even at Coachella.

I am both proud and excited to be featured in two new training videos for workplace supervisors and human resources representatives handling California-specific and federal wage and hour issues.

Developed and produced by Kantola Productions, “California Wage and Hour Laws: What You Need to Know” is designed to help companies train their supervisors and human resources representatives to become better, more legally compliant managers.  The video consists of modules that break down the complex requirements regarding a variety of wage and hour matters including:

  • Exempt vs. Non-Exempt Employees
  • Employee vs. Independent Contractor
  • Overtime
  • Meal & Rest Breaks
  • Hours Worked

There is also a federal version of the video.

Both videos are available for purchase in several formats:  DVD, online training for up to 25 viewers, or instant streaming for a single user.  To receive a 20% discount, Fox Rothschild clients and their contacts can enter Fox20 in the “catalog code” box when filling out the online purchase form.

Take a look at a clip from the video below.  Enjoy!

Every year I look forward to attending and presenting at the Cornell HR in Hospitality Conference.  It is a great time to connect with clients, contacts, and to learn from the best and brightest in the hospitality industry.

Group of people discussing human resources around a tableThe three big themes this year seemed to be:  (1) #metoo and the many repercussions thereof; (2) the struggle to get the best talent in an era of low unemployment; and (3) the uncertainty of immigration laws and how to best protect valued employees and still comply with the changing legal landscape.

On the issue of #metoo (an issue we have blogged about many times over), my takeaways were:

  • Implement a “safe word” for colleagues to use with each other if someone is making them uncomfortable for any reason, without having to go to HR; I note my millennial niece often simply announces “uncomfortable.”
  • It is important for leaders (especially male leaders) to really listen to women and how these issues have impacted them, and not simply “mansplain” (and if you don’t know what that means you are likely doing it).

On the issue of recruiting the best talent, there was lots of talk about how to define the company culture in a way that attracts desired recruits.  One panel discussed performance assessments and how they are too long and complicated, and often do not mirror the company’s cultural values.  Some ideas there were:

  • Simplify and shorten
  • Provide reviews quarterly instead of annually
  • Ask fun questions:  What is your superpower and why?
  • Make them forward looking
  • Embrace anonymous 360 reviews, up and down the scale, so candid feedback can be provided

And finally, on the issue of immigration, on the one hand there is compassion for employees.  One panelist told a story about an employee who needed time off because her mother was deported and at 20 years old (and a citizen), she was suddenly responsible for the care of her 6 year old sister.

On the other hand, employers also have to deal with AB 450 (the California Immigration Worker Protection Act), which prohibits CA employers from granting access to immigration officials at a place of labor without a judicial warrant.  As of last week, this law is being challenged under federal law.  In addition, there is increased Federal I9 enforcement, so employers with concerns in that area should be proactive in reviewing those I9s.  Bottomline, it is time to have immigration counsel on speed dial, or subscribe to our firm’s blog on that subject.

All in all, a great conference.  Hope to see you there next year (March 25-27, 2019 at the Cosmopolitan in Las Vegas)!

 

Illustration of a fox with sunglassesWe often blog about how different California employment laws are when compared to the rest of the US.  Whether it is the minimum wage, mandatory harassment prevention training requirements, or that funky law called PAGA, find out how to comply with laws in what we fondly refer to as the United Republic of California with this handy guide to Doing Business in California.

Many thanks to Sahara Pynes for her assistance in updating this informative guide.  Check it out on the Fox Rothschild website.

The California state flag

One issue that consistently trips up employers is the interplay of laws for an employee with work-related medical issues.  This is sometimes referred to as the Bermuda Triangle of workers’ compensation, ADA/FEHA (disability), and FMLA/CFRA. 

Quite often an employee is injured, a workers’ compensation claim is opened, and the employer somehow forgets the other two prongs of the triangle.  For example, the time off is not designated as FMLA/CFRA, with the rights that go along with it.  Or the duty to engage in the interactive process and reasonably accommodate under the ADA/FEHA is somehow forgotten when the employee returns to work with restrictions.

The reality is that many legal issues start with a workers’ compensation injury, and if those claims are handled proactively, then related civil claims arising from disability can be avoided. 

 Here are some tips for handling those workers’ compensation claims:

  1. First, be proactive when the claim comes in.  Investigate what happened.  Make sure witnesses provide statements with sufficient detail.  Preserve security film and video.  Document the extent of injuries (or the lack thereof).
  2. Second, get all of that information to your workers’ compensation carrier promptly so they can properly evaluate the claim.  If the carrier isn’t responsive, follow-up. 
  3. Third, if you have a light duty program, make sure it is only for a limited time (such as 90 days).  Otherwise you risk creating a new job for someone, and no incentive to get better.
  4. And finally, don’t forget about the interactive process.  If the claim is going to end with a Compromise & Release in the workers’ compensation case, then ask your carrier to negotiate for a resignation.  And if the employee comes back to work and is not fully recovered, make sure any restrictions are documented and accommodated. 

And of course, make sure the employee is not retaliated against for filing the claim. 

Be sure to remember all three sides to any work-related injury so you can avoid getting lost in the Bermuda Triangle!

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More than ever before, the topic of sexual harassment is dominating the news (and this blog).  It’s time to make sure that your company’s sexual harassment prevention training is up to the task.

Fox Rothschild’s skilled team of attorney trainers will tailor a program to meet your company’s needs.  Take a break from the online routine, and make sure that your next sexual harassment prevention training session is a “wow,” not just a check-the-box compliance item.

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To learn more, check out this alert featuring our Los Angeles team.