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The ABCs of CBD for Employers

Posted by: CEA on Wednesday, May 8, 2019

An increasingly common series of questions employers have been asking of late relate to their employees’ use of CBD. Will use of CBD products impair employees? If an employee or applicant tests positive on a drug test and blames seemingly innocuous use of CBD, what should we do? Should it be permissible to allow use of CBD products in a zero-tolerance workplace?

Colleagues arguing

The #1 Way Employers Get in Trouble? Retaliation

Posted by: Gail Cecchettini Whaley, J.D. on Wednesday, May 1, 2019

It may surprise you to learn that the number one type of federal employment claim is not harassment, it’s retaliation.  That’s right – year over year, the majority of all claims filed with the Equal Employment Opportunity Commission are for retaliation.  

A group of people laughing at a woman

CEA Provides Free Harassment Prevention Training

Posted by: Gail Cecchettini Whaley, J.D. on Wednesday, April 24, 2019

SB 1343, requires that all employers of 5 or more persons provide 1 hour of sexual harassment and abusive conduct prevention training to non-managerial employees and 2 hours of sexual harassment and abusive conduct prevention training to managerial employees by January 1, 2020. 

People standing on coin stacks

CEA Presents: Guide to California’s Equal Pay Laws

Posted by: Gail Cecchettini Whaley, J.D. on Tuesday, April 16, 2019

For decades now, the California Equal Pay Act has prohibited an employer from paying its employees less than employees of the opposite sex for equal work. In 2016, the California Fair Pay Act was enacted to strengthen the Equal Pay Act. 

Clock next to coin stacks of money

Tilly's Employees Don't Have to Report to Work to Receive "Reporting Time Pay"

Posted by: Gail Cecchettini Whaley, J.D. on Thursday, April 11, 2019

A pivotal California decision on the issue of "reporting time pay," has expanded the definition of "time worked" here in California. In Ward v. Tilly's, a divided California appellate court recently held that "reporting time pay" is owed to employees who have to call in two hours in advance to see if they are on the schedule (and then are told not to come into work).

Man and Woman on a path

Don’t Want to Work for a Woman? Okay, Just Pay her $7 million Dollars

Posted by: Gail Cecchettini Whaley, J.D. on Thursday, April 4, 2019

Unlike the classic Bob Dylan song, “The Times They Are [not] A-Changin’.” Gender stereotypes are still out there and don’t appear to be leaving the workplace anytime soon.

employee handbook

Top 5 Reasons to Have an Employee Handbook

Posted by: Kim Gusman, President & CEO on Thursday, March 28, 2019

A well-written employee handbook often acts like a sword and a shield for your company. Protecting you when you need it and allowing you to sever bad employment relationships quickly.

Citizenship immigration building sign

Free Form I-9 Webinar for All Employers

Posted by: Kim Gusman, President/CEO on Wednesday, March 20, 2019

Avoid costly mistakes and make sure you are complying with California requirements. You never know if your business will be hit with an ICE inspection! 

mom kissing baby

No April Fools’ Joke Here: Mandatory April 1 Poster Update; Free Download Available

Posted by: Gail Cecchettini Whaley, Esq. on Tuesday, March 19, 2019

The California Fair Employment and Housing Council recently finalized new regulations that will change one of the mandatory California notices that must be posted in the workplace effective April 1.  

Sandwich beside laptop

Good Meal Break Policies Keep Companies From Being Devoured

Posted by: Gail Cecchettini Whaley, Esq. on Thursday, March 14, 2019

If your company doesn’t have a strong meal and rest break policy, it may get eaten alive! Ever since the pivotal Brinker court decision in 2012, California law has been clear, but let’s review it again.

two men arguing

The Equal Opportunity Jerk is a Recipe for Disaster

Posted by: Gail Cecchettini Whaley, Esq. on Wednesday, March 6, 2019

Companies defending against claims of harassment or discrimination might sometimes use the "equal opportunity jerk" defense. If this is the best defense your organization has, be careful! Not only is this a weak defense, but it can and will get your company in hot water.

Candidate interviewing with group

More Questions Off-Limits in a Job Interview!

Posted by: Gail Cecchettini Whaley, Esq. on Thursday, February 28, 2019

California has expanded its list of banned interview questions. Whether you conduct your own interviews or rely on a recruiter, be sure to steer clear from these six topics.

Safety management strategy

Tragic Act of Workplace Violence Puts Spotlight on Safety

Posted by: Gail Cecchettini Whaley, Esq. on Thursday, February 21, 2019

If you have been paying attention to national news recently, you likely have heard of the tragic shooting at the Henry Pratt Company in Illinois.

Paystub with money

Employers on the Hook for Payroll Errors, Not Payroll Companies

Posted by: Gail Cecchettini Whaley, Esq. on Thursday, February 14, 2019

The California Supreme Court recently held that payroll providers aren’t on the hook for paycheck errors and wage and hour violations. Instead, the employer alone is liable for wage and other pay violations

office couple holding hands

What Employees Think About Office Sweethearts and Hookups

Posted by: Gail Cecchettini Whaley, Esq. on Thursday, February 7, 2019

More than 1 in 4 workers indicated that due to recent high profile allegations of sexual harassment, office romances are not acceptable. Although opinions might be changing, 52% of survey respondents admitted to having had at least one office romance.

OSHA logo

Get Me Off this Merry-Go-Round! OSHA (Again) Revises Electronic Injury and Illness Recordkeeping Rules; Posting Deadline Remains

Tags: OSHA
Posted by: Gail Cecchettini Whaley, Esq. on Thursday, January 31, 2019

The federal Occupational Safety and Health Administration (OSHA) recently published a Final Rule to amend its workplace injury and illness recordkeeping regulation. 

Man in suit stealing money

One Way or Another, You Will Pay: $1.7 Million to Restaurant Workers

Posted by: Gail Cecchettini Whaley, Esq. on Wednesday, January 23, 2019

The California Labor Commissioner’s Office secured $1.7 million in assets from the owners of a Bay Area restaurant chain, Mango Garden, to pay 56 workers who were victims of “wage theft.”

Winery grapes

Winery Gets Crushed for $11 Million in Harassment Case

Posted by: Gail Cecchettini Whaley, Esq. on Wednesday, January 16, 2019

Large sexual harassment awards are not going away anytime soon, as demonstrated by a recent verdict out of Los Angeles. A jury awarded over $11 million dollars to two winery employees.

government building

Here's the 411 on the Government Shutdown

Posted by: Gail Cecchettini Whaley, Esq. on Thursday, January 10, 2019

As the government shutdown continues due to disagreements between Congress and the Trump Administration, several services are impacted and may affect workplace employment-related issues. Read on to see what’s impacted and what's not.

Don't Shoot Yourself in the Foot!

Posted by: Scott Kidd, Director of Labor Relations on Thursday, January 3, 2019

Have you ever encountered a problem and found that a previous action has now set a precedent for your future action? In plain language, “you probably just shot yourself in the foot!”

2019 labor law postings

Labor Law Poster Updates for 2019

Tags: Labor Laws
Posted by: Gail Cecchettini Whaley, Esq. on Wednesday, December 26, 2018

In California, all employers have workplace posting obligations. Between the state and federal requirements, California employers must post a total of 18 state and federal employment law notices.

raining money

California?s Minimum Wage Increases on Jan. 1

Posted by: Gail Cecchettini Whaley, Esq. on Wednesday, December 19, 2018

The Department of Industrial Relations has issued a notice reminding employers of the upcoming minimum wage increases. Under legislation to increase the minimum wage to $15 per hour over time, California’s minimum wage will increase on January 1 to $12 per hour for employers with 26 employees or more and to $11 per hour for employers with 25 or fewer employees.

Driving in Car

IRS Mileage Rate Increase for 2019 -- Highest Rate in 10 Years

Posted by: Gail Cecchettini Whaley, Esq. on Monday, December 17, 2018

The IRS has issued the 2019 optional standard mileage rate, with a significant increase for the new year. The optional standard mileage rate is used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.

New Year, New Deadline: New Harassment Prevention Training Requirements in 2019

Posted by: Gail Cecchettini Whaley, Esq. on Wednesday, December 12, 2018

A new law for next year, SB 1343, requires that all employers of 5 or more employees provide 1 hour of harassment and abusive conduct prevention training to non-managerial employees and 2 hours of harassment and abusive conduct prevention training to managerial employees by January 1, 2020.

Small Business Survey

Use Your Small Business' Big Voice

Posted by: Small Business California on Thursday, December 6, 2018

Small Business California (SB-CA) has announced their annual survey is now open to small business owners throughout the state. This survey is used to develop an action plan addressing concerns that were brought up to build a stronger small business community.

Woman trapped in jar

"Don't Talk to Women" is not a Harassment Prevention Tool

Posted by: Gail Cecchettini Whaley, Esq. on Thursday, November 29, 2018

When it comes to preventing workplace harassment, a recent study by SHRM has mixed reviews. While there is some progress, there is also an absence of an overall cultural shift. For instance, two-thirds of executives have not changed their behaviors at all.

OSHA logo

Are you on Santa's - I mean OSHA's List?

Tags: Form300A OSHA
Posted by: Gail Cecchettini Whaley, Esq. on Wednesday, November 14, 2018

Cal/OSHA recently adopted emergency regulations requiring certain employers in California to electronically submit their 2017 Form 300A summaries of work-related injuries and illnesses to federal OSHA by December 31, 2018.

Wages folder

The Minimum Salary for a Manager is How Much?

Posted by: Gail Cecchettini Whaley, Esq. on Wednesday, November 7, 2018

The state minimum wage will increase on January 1, 2019, to $12 an hour for employers with 26 or more employees and $11 an hour for employers with 25 or fewer employees. Because of this, the minimum salary for the administrative, professional and executive exemptions will also increase.

Woman inside box being laughed at

Prevent Bullying in the Workplace

Posted by: Sandy Van Vleck, Membership Services on Thursday, November 1, 2018

The US Equal Employment Opportunity Commission estimates that 75% of all workplace harassment incidents go unreported. Oftentimes this occurs because the would-be-reporter is afraid of retaliation. In other words, the ‘kill the messenger’ syndrome is alive and well in bullying, as it is in sexual harassment.

American flag top hat

What California Employers Need to Know about Voting Time Off

Posted by: Gail Cecchettini Whaley, Esq. on Tuesday, October 30, 2018

Election Day is Tuesday November 6, 2018, and the polls are open from 7 a.m. to 8 p.m. Here’s what employers need to know.

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