Signs Your Corporate Culture is a Liability

Signs Your Corporate Culture is a Liability

The importance of company culture is not always explicitly stated. Some believe that the importance of corporate culture can only be stated anecdotally. However, there is plenty of evidence in support of companies investing in bettering their culture. 

In a study performed by Harvard Business School Professor, John Kotter, he concluded that “organizations with rich, healthy cultures achieved net income growth of 756%, versus a mere one percent for those with less-defined cultures.” Watson Wyatt also performed research to develop the Human Capital Index and found that companies with superior scores of five key people practices had a 30% higher market value than other organizations. 

That being said, companies who pay more attention to the development of a successful company culture will be rewarded financially through growth and value. These companies are viewed through a more desirable lens, so they are able to attract talent that helps generate more income, growth, and value. 

The increased requirement for transparency through the adoption of social media, scrutiny of investors, and all-around activism for social issues has ensured companies are held accountable for the culture they cultivate. As a business owner, it’s important to ask yourself what areas of your culture may be putting you at risk. 

Signs Your Corporate Culture is a Liability

There are a few key areas of risk that you should address when answering this question.

Lack of diversity, equity, and inclusion

Over the past few years, corporate culture has continuously been called out for lack of inclusion, diversity, and equality. With a misrepresentation of people of color, gender discrimination, and sexual harassment triggering these call-outs, it’s important that your company represents diversity at all levels. But it doesn’t stop there.

The educational aspect of diversity and inclusion in the workplace is essential as well. Many companies have already appointed diversity and inclusion councils, employee resource groups, and appointed diverse members to their boards. Employers who make an effort to fix unhealthy norms and behaviors in the work environment are more likely to retain their top employees. As an employer, diversity and inclusion education should be a top priority moving forward. 

High-pressure environments

Managing high-pressure environments is an essential aspect of fostering a healthy company culture. Employers and managers can mitigate this risk by ensuring you maintain realistic deadlines and sales targets, and structure incentive systems that encourage employee success. 

This is one area where employees often express a desire for improvement to their employers. In order to help your employees succeed you should regulate the burdens placed upon them. You can also provide services that help them build resilience, such as on-site support services during busy seasons. 

Another way to support your employees is through appointing ‘wellness officers’ whose responsibility it is to attend to employees’ emotional and physical wellbeing. These ‘wellness officers’ can provide training that builds a framework that supports ethical decision-making in high-stakes environments. They can also provide training on mindfulness practices, breathing techniques to mitigate stress, and other ways to ensure that mental health remains a top priority. 

Lack of accountability

One critical aspect of a high-functioning culture is accountability. Many employees feel their companies do not hold people responsible for misconduct. When employees feel there are no repercussions to their actions, or that repercussions are handled unfairly, they may use it as justification for not reporting poor behavior. 

The collective cultural stewardship ‘see something, say something’ begins to fall when a company’s commitment to its values begins to fall by the wayside. 

In order to improve in this area, companies have adopted whistleblower policies that ensure anonymity when reporting poor behavior. It’s important to humanize your human resources team in order for employees to feel comfortable coming to them with issues. Human resources can also help to provide training that demystifies the reporting and investigation process. These training topics, along with the friendly interactions between employees and human resources, allow employees’ fear to transform into trust in the company and its commitment to integrity.

Unclear ethical standards

It’s important to have company values that provide guidance on employee behavior. If these values do not exist, are unknown, or aren’t enabled by systems and processes, your culture will likely suffer. If employees do not know these values and don’t feel confident in explaining them, they will not know how to implement them.

This begins in the hiring process. Employee value alignment is essential in building a company culture that thrives. Our assessments help ensure all candidates are value and role aligned within your organization.

Role and value alignment increase employee engagement. We wholeheartedly believe that role-aligned employees stay in their jobs. 

Another aspect of improving unclear ethical standards within your organization is by assigning culture ambassadors, implementing quarterly value reviews, and ensuring communication is consistently values-driven.

Inadequate investment in people 

Investment in people is an investment in a healthy culture, which in turn leads to better business outcomes as illustrated above. At Culture Works, we believe employees joining a company enter into a deal including compensation, career development, and benefits in exchange for their work. 

If employers do not live up to their end of the bargain, especially in terms of career development, you run the risk of losing your best employees. Human resources can partner with communications teams to define employee value propositions that help employees understand what’s in it for them. Show your employees you care and support them in everything they do.

Poor behavior at the top

Employees take behavioral cues from those in authority. If your company leaders are exhibiting poor behavior, it will likely seep into the rest of your company. We understand that executives are under great pressure to deliver results, however, it’s important that they achieve those results in an ethical manner. Executives must behave in ways that align with the company’s values. 

If your CEO, CFO, COO, CMO, or any other C-suite employee does not act in an ethical manner, the rest of your company may suffer as a result. Recently, we’ve been seeing a growing number of C-suite executives step down due to ethical pitfalls. According to PWC, 39% of CEOs who left their jobs in 2018 left for “reasons related to unethical behaviors stemming from allegations of sexual misconduct or ethical lapses connected to things like fraud, bribery, and insider trading.”

It’s important to put the values of your company above all else. Values are the foundation of healthy company culture.

At Culture Works, our mission is to create an intentional, collaborative, and healthy culture for businesses in order to facilitate organizational change. We partner with your team to create a value-driven culture that increases productivity and reduces churn. Contact us today to see how we can help your unique business. 



New California HR Law Updates

New California HR Law Updates

Cal Saver Program

Cal Savers is a state run retirement savings program. Private sector employers in California with five or more employees must participate in CalSavers if they do not already have a workplace retirement plan in place.  Employees working for eligible employers will be automatically enrolled in the Cal Savers plan, but can opt out of it. 

Employers must register with the Cal Savers program by these deadlines:

  • More than 100 employees – September 30, 2020
  • More than 50 employees – June 30, 2021
  • More than 5 employees – June 30, 2022

 Once enrolled, an eligible employer’s responsibilities related to CalSavers are limited to:

  • Registering as a covered employer or certifying as to its exempt status
  • Remitting participating employee contributions
  • Updating its account by adding new employees who are eligible for enrollment and removing former employees who are no longer employed

If you are considering setting up a retirement plan for your employees and would like a referral, please reach out to our Culture Works team. 

New California Law Expands Employees Eligibility for Family and Medical Leave

Effective January 1, 2021 employers with five or more employees will be required to offer family and medical leave as a result of a new law which expands the existing California Family Rights Act (CFRA).

Currently, the California Family Rights Act (CFRA) covers employers with 50 or more employees within a 75 mile radius to provide up to 12 weeks of unpaid, but job protected, leave during each 12-month period for purposes of family and medical leave.  Eligible employees are able to take unpaid leave for numerous purposes, including to care for a “family member” (minor child) with a serious health condition. 

This new law effective January 1, 2021 expands the current CFRA to now apply to employers with five or more employees and eliminates the requirement that employees work within 75 miles of the worksite. There have also been modifications to the definition of “family member”, which is expanded to include siblings, grandparents, grandchildren, and domestic partners. Additionally, the definition of “child” is expanded to cover all adult children (regardless of whether they are dependent) and children of a domestic partner.

California Passes COVID-19 Presumption of Workers’ Compensation Liability 

This new legislation, SB 1159, affects employers in California. The legislation shifts the burden of proof to presume that covered employees who contracted COVID-19 did so at work, unless the employer can disprove it.  This presumption goes into effect immediately, and is retroactive to cases on or after July 6, 2020 through January 1, 2023. 

What is the immediate action employers have to take?

Covered employers who have had employees with positive COVID-19 tests must go back and report to their Workers Compensation (WC) claims administrator any positive results dating back to July 6. This must be done no later than October 17, 2020. 

Who does the presumption apply to?

  1. Worker’s who work for an employer with five or more employees, and
  2. Workers who test positive for COVID-19 test positive during an outbreak at the employee’s specific place of employment

What is considered an “outbreak”?

An “outbreak” exists if within 14 days one of the following occurs at a specific place of employment:

  1. Four employees test positive if the employer has 100 employees or fewer;
  2. Four percent (4%) of the number of employees who reported to the specific place of employment test positive if the employer has more than 100 employees; or
  3. A specific place of employment is ordered to close by a local public health department, the State Department of Public Health, the Division of Occupational Safety and Health, or a school superintendent due to a risk of infection of COVID-19. 

 What does an Employer have to do?

If an employer “knows or reasonably should know” that an employee has tested positive for COVID-19, it shall report the following information to its workers’ compensation claims administrator within three business days:

  • Notification that an employee has tested positive.
  • The date that the employee tests positive (the date the specimen was collected for testing).
  • The specific address or addresses of the employee’s place of employment during the 14-day period preceding the positive test.
  • The highest number of employees who reported to work in the 45-day period preceding the last day the employee worked at the place of employment.
  • Reminder: if you have employees who tested positive dating back to July 6, you have until October 17, 2020 to report to your WC claims administrator.


Understanding California's Sexual Harassment & Abusive Conduct Prevention Training

Understanding California’s Sexual Harassment & Abusive Conduct Prevention Training

California Sexual Harassment & Abusive Conduct Prevention Training Deadline: January 1, 2021

As a reminder, the California law requires employers with five or more employees to provide sexual harassment and abusive conduct prevention training to all employees by January 1, 2021.

  • Nonsupervisory Employees: one (1) hour training within six months of hire, and every two years thereafter.
  • Supervisors and Managers (including out of state supervisors of California employees): two (2) hours of training within six months of hire or promotion into a supervisory position and every two years thereafter. 
  • Seasonal and Temporary Employees: within 30 calendar days of the hire date or within 100 hours worked, whichever occurs first. Employees working less than 30 calendar days and working less than 100 hours do not have to be trained.
  • Note: Employers are not required to train Independent Contractors, Unpaid Interns, or Volunteers.

Our COS Team is happy to help get your employees trained in time for the January 1, 2021 deadline. Please send us an email at COSTeam@cultureworkshr.com and let’s connect!

California Pay Data Reporting Act

Senate Bill 973, known as the Pay Data Reporting Act passed in California on September 30, 2020. The law aims to reduce gender and racial pay gaps. The new law requires California employers with 100 or more employees, that are also required to file the federal EEO-1 report with the Equal Employment Opportunity Commission (EEOC), to report demographic and pay data by March 31, 2021. The California Department of Fair Employment and Housing (DFEH) released some initial, helpful guidance on the contents that need to be reported & will be issuing additional guidance on SB 973 in the near future.

  1. The number of employees  by race, ethnicity, and gender in 10 different job title categories (Component 1); and
  2. The number of employees by race, ethnicity, and gender, whose annual earnings fall within each of the pay bands used by the U.S. Bureau of Labor Statistics in the Occupational Employment Statistics survey (Component 2).

Increased California Pay Requirements on January 1, 2021

Effective January 1, 2021 minimum wage in California will be increasing to $13.00 per hour for employers with 25 employees or less, and $14.00 per hour for employers with 26 employees or more. Two California cities will have their own minimum wage changes in 2021.  South San Francisco will increase to $15.24 per hour, and Burlingame will increase to $15.00 per hour.  Best Practice: We recommend employer’s review their pay practices to be in line with the minimum wage increases. Additionally, the minimum salary threshold for “Salary Exempt” status classifications will increase in proportion to the minimum wage increase.  Our future Culture Blast edition will have more insight on “Salary Exempt Evaluations.”  If you have questions concerning minimum wage in other California localities or outside of California, send us an email at COSTeam@cultureworkshr.com



A Day in the Life of a Culture Works Client

A Day in the Life of a Culture Works Client

Working with Culture Works to operationalize your culture, talent, and HR processes is unlike working with any other fractional HR team. At Culture Works, we work within an extremely focused skillset, we craft Quarterly Game Plans to drive results for your business, and we believe in what we do. Our passionate HR team is here to help your team create success every step of the way. In an effort to give away a few of our secrets, we are sharing a typical 30, 60, and 90-day engagement breakdown as a Culture Works client. 

A Day in the Life of a Culture Works Client

Discovery

Our process begins with Client Discovery. This stage of the process is essential, as this is where we discover how our team can best move the needle for your team. We start by analyzing the lifecycle stage of your business, your purpose and goals, and what support your company is looking for. 

As we analyze this information we move into the logistical questions: who is your client stakeholder? What is your commitment level? And what mindset do you believe in and want to grow in? This information helps us develop a better understanding of what assessment your team would value most.

Assessments

At Culture Works, we utilize three different assessments. Purpose (culture-focused), People (talent-focused), and Process (HR-focused). Each assessment is crafted based on the information we collect during the Discovery phase. Once we’ve reviewed your company’s information, we present our recommendations and begin to craft a plan for your team.

Pick Your Package!

Based on our recommendations, you choose the package that best serves your team. Each package is tailored toward a purpose-centered approach, a people-centered approach, or a process-centered approach. Here’s what you can expect from each:

Purpose:

In the purpose-centered approach, our focus is to optimize your company culture. In this stage, it’s critical to align purpose throughout your organization, so that your people and process reflect your culture. The main outcome from this package is an alignment of values. Throughout this process, you will experience a few key components of operationalizing culture. We implement multiple culture and pulse surveys and checks, to ensure we are performing for your team. You will: 

  • Receive a culture playbook
  • Experience a culture evolution throughout your team, which stems from value creation
  • Witness culture alignment, which is created based on your values assessment. 
  • See greater culture connectivity and integration. Communication is key, and we help optimize it! 

People:

With a people-centered approach, we focus on enhancing your talent strategy and implementation processes that help make talent acquisition and retention easy. As a company, you likely recognize the importance of attracting and investing in people to build, scale, and grow talent. The outcome of partnering with Culture Works to implement this approach is an investment in outcomes. Your experience is of great value to our team, with this approach you will see the following:

  • Greater emphasis on role alignment and job analysis
  • Optimization of job descriptions and job ads
  • An analysis of your compensation plans
  • 30, 60, and 90-day plans and reviews to ensure our team is performing for your company, and your team is able to implement our recommendations
  • Implementation of various learning and development strategies
  • Implementation of an emotionally ambitious program
  • Ongoing team and personal coaching
  • Creation of career path programs and plans
  • You will receive a recruiting playbook to work from in the future
  • An analysis of your team’s strengths and areas of development
  • The creation of team succession and cross-training plans

Process:

If you decide, based on our recommendations, that you want to begin with a process-centered package, our focus will remain on HR processes and procedures. As a company, you understand that it takes a team to build, integrate, scale, and evolve processes, and that’s what we’re here for! Our goal with this package is to drive, integrate, and experience team results. A few value-adds you can expect from this package include:

  • An ongoing and evolving HR infrastructure
  • An integrative HR team
  • The implementation of Performance Success Systems
  • The creation of a Performance Management Program
  • The optimization of your new hire orientation, and onboarding processes
  • A value-aligned hiring process
  • Support, mentorship, and stabilization for your HR stakeholders

30, 60, and 90 Day Plans

With client success at the core of everything we do, we have implemented 30, 60, and 90-day check-ins and reviews to assist our clients in operationalizing their culture, talent, and HR.

30-day check-ins begin with the creation of a new 30-day plan and review the commitment to the 30-60-90 day process. This meeting includes stakeholders, team members, and the client success manager. We establish expectations, the approach and working dynamics, the cadence of working sessions, and joint ownership. 

60-day check-ins typically included a review of the previous month’s plan and the creation of a new one. In this check-in, we evaluate the partner’s commitment, the results, your team’s experience, the value-add, and how aligned you are feeling with Culture Works’ performance. Next, we work to include a 60-day committed plan for your team.

Lastly, the 90-day check-in includes a reflection of the previous two months and an alignment of the next Quarterly Game Plan (QGP) for your team. We will evaluate results up until this point, focusing on your experience, the value you feel Culture Works is bringing to your team, and how aligned you are feeling within your organization. At this time, you will create your first QGP and your stakeholders will receive a complete Client Experience Survey.

With Culture Works, we want to partner with your company to create success for your team– whatever that looks like for your specific company. Our passionate HR team has the experience you need in culture ops and hospitality to create success. Our approach is centered upon the importance to humanize, customize, and simplify. We believe in what we do, and we want to help your company operationalize culture, talent, and HR to create ongoing success. 



The Top Challenges HR Teams Face in 2021

The Top Challenges HR Teams Face in 2021

The year 2020 will be remembered as a year with that involved massive changes that altered the workforce as we know it. As most companies transition into remote work, and the greater responsibilities of companies to ensure diversity and inclusion remains a prevalent issue, human resources has taken on a completely different role. 

Human resources is no longer simply processing employee paperwork, it’s about fostering a culture that matters, ensuring the safety and wellbeing of employees, and guaranteeing HR compliance in everything you do.

With that being said, as we look to the future of human resources, it’s important to understand some potential challenges and changes we may face.

In order to ensure a company culture that aligns with your organization’s values, you must first attract and retain high-quality talent. 

The Top Challenges HR teams face in 2021

As we look to 2021, the standard for attracting and retaining top talent has changed. Hiring can be one of the most challenging aspects of human resources for some companies. While compensation will still be an important part of an employee’s drive to work for your company, there are a few more aspects that need to be addressed. Some employees may feel more attached to development opportunities, flexible working conditions, or even a chance to do good in the world.

It’s important to identify what makes your company unique within the job market, in order to align with employees who have the same values. Value and role-aligned employees stay in their jobs. 

At Culture Works, we help clients create a “bench” of great talent, so when you’re ready to find a great team member you know where to start your search. We believe in efficient and effective recruiting, which all starts with your job descriptions. 

Articulating your job description saves everyone time, money, and stress. In addition, we carefully review and screen each candidate, and we administer customized assessments while delivering value and role-aligned people to fit your needs.

Pay attention to high churn rates and employee turnover

Emplify’s 2020 Employee Engagement Trends report found that 73% of respondents are open to new career opportunities, 62% of those respondents suffer from burnout at work. In order to ensure your employees stay engaged and excited about their work, employee wellness needs to be a top priority.

After all the mental anguish we experienced in 2020, your employee’s health and wellbeing should be top of mind in everything you do. Plus, it will actually benefit your business in the long run, after all, employee wellbeing is intrinsically linked to productivity. 

In order to put this into practice within your organization, your employees have to feel comfortable talking about their health and wellbeing. Once your employees feel comfortable about communicating their need for a mental health day, you can start developing processes to ensure that workloads are reasonable. With remote work opportunities, it is easier to offer flexible work opportunities and create a company culture that supports a strong work-life balance. 

Encourage learning and development

Developing the next generation of leaders is an important aspect of human resources moving into the future. Some businesses spend billions of dollars in leadership development training that their employees are dissatisfied with. It’s important to ensure that you have the proper training programs in place that align with your employee’s needs and wants. 

Most employees would prefer flexible learning opportunities that utilize real-world applications as much as possible. Try to implement innovative approaches to learning new skills, such as online learning, on-the-job coaching, and virtual training. 

Investing in training and development for your entry-level employees is a strategy that is gaining more momentum. If you train and develop your employees from the beginning, they are more likely to remain with your company and perform stronger in their roles later on. 

Be aware of workplace bias – both unconscious and conscious

Workplace bias remains an issue that impedes the hiring, development, and promotion of underrepresented groups. While most companies have made strides in this aspect over the years, there is still quite a bit of room to improve.

In order to ensure you’re hiring employees with no bias, work to ensure you hire employees based on job-fit metrics, rather than demographics. Before you interview candidates, be sure to evaluate their skill sets and work to gain insight into their behavioral patterns based on their resume.

Once companies hire these employees, they need to focus on retaining them by ensuring their workplace is inclusive in every aspect. In order to be sure your workplace remains inclusive, you must put strong policies in place to protect employees from potentially negative experiences and behaviors. Once you’ve created these policies it’s important to train your employees on these policies to ensure employees are aware of their biases and how not to act on them. 

At Culture Works, our culture operations specialists are equipped to help your organization create an inclusive company culture that aligns with the values of your company. We help operationalize this culture to create success from within.



Wage and hour issues with a remote workforce

Wage and hour issues with a remote workforce

As we approach nearly a year of COVID-related closures and employees working remotely, it’s safe to say that this may be the new reality. Twitter, Square, and Facebook have all adopted an indefinite work from home policy, while other major companies have pushed their reopening to later in 2021. As most employers have discovered this year, employees can still perform their job functions effectively when working remotely. 

In fact, according to the State and Work Productivity Report, 65% of employees believe that working remotely would increase productivity- and their bosses agree! 

With this major shift in the usage of the physical office, employers need to be aware of the potential liability remote work holds. Specifically, wage and hour compliance with both exempt and nonexempt employees. 

Wage and hour issues with a remote workforce

What’s the difference between exempt and nonexempt employees?

Exempt employees are employees who are not entitled to overtime pay, regardless of the number of hours worked in a day or week. Non-exempt employees, however, are entitled to overtime pay if the employee works more than eight hours a day, or forty hours a week (depending on the state).

Timekeeping practices and “off the clock” work for non-exempt employees.

One of the most prevalent concerns for employers with non-exempt employees working remotely is timekeeping. In a pre-COVID world, many employers never had to worry about non-exempt employees’ timekeeping, as when they were in the office, they were working. As these employees continue to work remotely, it’s important to revisit your timekeeping practice requirements, if you haven’t already!

A few steps you can take to minimize your risk and continue to adapt to the ever-changing workplace environment are as follows:

Reiterate Timekeeping Practices

If you haven’t already, ensure you reiterate timekeeping practices in writing to all employees. This should have a clear indication that timekeeping will be enforced to the same extent as when employees are working in the office. It’s important to note, that if a non-exempt employee is working outside his/her working hours, it needs to be addressed promptly! 

Ensure you communicate with management and supervisor-level employees.

It’s important that managers and supervisors understand that they cannot communicate with non-exempt employees outside of their set schedules. Clear boundaries must be in place to ensure your non-exempt employees don’t need additional pay or claim they were not paid for time worked. 

Update all timekeeping systems and ask employees to certify their time worked

Due to employees working at home, some timekeeping systems may need to be updated or revised. New protocols may also need to be put into place, such a reporting and certifying their time worked. Employees should be asked to record their time each day, report it to their supervisor, and certify that the amount recorded is accurate and illustrates their time worked. Should questions or claims arise regarding overtime, this record will be helpful. 

Make sure your telecommuting policy is solid.

Consider creating, or revising an existing telecommuting policy to reflect your expectations around remote work. This policy should include expected hours, rest and lunch breaks, timekeeping procedures, and communication with managers procedures and protocols. 

With this policy in place, it’s important not to forget meal and rest breaks must be provided and enforced in the manner they were in the office. These requirements may vary depending on the state, so ensure your state-specific guidelines are being followed. 

Be aware of potential expenses incurred when working remotely.

Employers who require employees to pay or reimburse the employer for items that are business expenses could lead to a reduction of the employee’s earnings, below the required minimum wage, or overtime compensation rate. Employer’s also may not require employees to pay or reimburse the employer for items provided to a qualified individual with a disability as a reasonable accommodation while telecommuting. States, like California, require employers to reimburse employees for reasonable and necessary business expenses, so it is important to be aware of your state-specific requirements to ensure compliance.

How have “temporary” moves affected these regulations?

While the typical remote work hurdles still apply in regard to wage and hour compliance, the government mandates and public health concerns bring about a different aspect of compliance that may be of concern. Some employees have relocated during the global pandemic to areas of lower risk of infection. These “temporary” moves may cause the employer to become subject to the complexities of multi-state employment, which presents even more challenges. 

Breaks and Overtime

Many states, California included, assert authority over work performed anywhere within the jurisdiction. These states have their own overtime laws that do not mirror the Fair Labor Standards Acts, so if any employee moves to one of these states new overtime requirements may be necessary. 

Similarly, an employer may fail to provide or keep a record of the specific meal and rest breaks required by the statutes where an employee has undertaken remote work. 

Paystubs

In some states violations of paystub rules that outline all the information an employer must include can lead to fines and significant liability for unwary employers. It’s important to understand state-by-state the paystub rules and regulations to avoid noncompliance.

Travel time

Some employers may request employees to return to the office periodically throughout the year. With these requests, the employer may be obligated to reimburse travel time and expenses if the worker has relocated somewhere more distant. As an employer, it’s important to ensure your policies surrounding travel time are clear and communicated.

As an employer working to navigate the new reality of remote work, it’s important to be aware of potential issues that may arise due to the changes. As you begin to rethink your workforce, and how to proceed into the next few years, consider bringing on a team of Culture Operations specialists to ensure your company culture, and HR compliance remains intact with the various changes.



Understanding New COVID-19 Related Requirements

Understanding New COVID-19 Related Requirements

The regulations for employers regarding COVID-19 are constantly changing. Because of this, we wanted to give you a one-stop-shop to all your COVID-19 regulation related questions. Below we highlight the various changes, as well as other resources that expand on the new regulations. Please reach out to the Culture Works team with any questions or concerns, we are happy to help you navigate the various requirements!

New California Covid-19 Related Requirements Effective Immediately

This month brought updated Covid-19 related requirements for businesses in California, including Cal OSHA Regulations, the various California Regional Stay at Home Orders, and updated County Health Orders including San Diego County. 

 Regional Stay at Home Order

The Regional Stay at Home Order went into effect on December 3, 2020.  The Orders place limitations on which businesses can remain open, and under what conditions. For detailed information on the order, including which businesses can be open, visit the About COVID-19 Restrictions webpage published by the State of California. 

Cal/OSHA Emergency Regulations to Protect Workers from COVID-19

This emergency standard went into effect on the evening of November 30, 2020, and applies to most workers in California, with the following exceptions: workplaces where there is only one employee who does not have contact with other people; employees who are working from home; and employees who are covered by the Aerosol Transmissible Diseases regulation.

The new regulations require that employers implement a site-specific written COVID-19 Prevention Program (CPP) to address COVID-19 health hazards, correct unsafe or unhealthy conditions, and provide face coverings. When there are multiple COVID-19 infections or outbreaks at the worksite, employers must provide COVID-19 testing and notify public health departments. The regulations also require accurate recordkeeping and reporting of COVID-19 cases.  The following resources are available to employers: 

California Reopening Requirements

If your company is open for business or getting ready to reopen, make sure to become familiar with the following requirements. 

California Family Rights Act Expanded to Apply to Small Businesses

Currently, California businesses with 50 or more employees must provide up to 12 weeks of unpaid job-protected leave to eligible workers under the California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA). 

Effective January 1, 2021 employers with five or more employees will be required to offer  CFRA to qualifying employees. Eligible employees can take CFRA leave for multiple reasons, including but not limited to their own serious health condition; caring for a family member with a serious health condition, including grandparents, grandchildren, and siblings, in addition to parents, children, spouses, and registered domestic partners; and for the birth, adoption or foster care placement of a child (baby bonding).

All eligible employers will need to ensure that their employment policies, including leave of absence policies and employee handbooks, are updated with the new CFRA eligibility and requirements.

New Notice and Reporting Obligations for COVID-19 Workplace Exposures

Effective January 1, 2020 and through January 1, 2023 under California Assembly Bill 685, when an employer receives notice of “potential exposure to COVID-19,” the employer must provide a written notice within one business day to:

  • All employees, and the employers of subcontracted employees, who were on the premises at the same worksite as the person who was infectious with COVID-19 or who was subject to a COVID-19-related quarantine order.

The notice must include information of their potential exposure, the disinfection and safety plan that the employer plans to carry out in accordance with CDC guidelines, and provide the employees (and their union, if any) information regarding the COVID-19-related benefits to which they may be entitled under applicable laws.

What triggers the notice requirement?

  • Notification from a public health official that an employee was exposed to a “qualifying individual,”
  • An employee (or their emergency contact) that they are a “qualifying individual,”
  • The result of the test required by the employer showing that the employee is a “qualifying individual,” or
  • A subcontractor that one of its employees is a “qualifying individual” and was at the employer’s worksite

Who is a “qualifying individual”?

  • Someone who has a laboratory-confirmed case of COVID-19,
  • One who has a positive COVID-19 diagnosis from a licensed health care provider,
  • Someone who has been ordered to isolate by a public health official due to COVID-19, or
  • One who has died due to COVID-19.

Detailed requirements, including what is considered an outbreak, need to be reported to the Local Health Department & can be accessed on the COVID-19 Infection Prevention Requirements (AB 685) site.

What do the new sexual harassment training laws mean for your business?

What Do the New Harassment Prevention Training Laws Mean for your Business?

California has updated the laws surrounding harassment prevention training effective Jan. 1, 2021

As of January 1, 2021, the laws regarding harassment prevention training in the workplace have changed.  The California Fair Employment and Housing Act protects employees from unlawful practices and harassment. Starting in 2005, the law required employers with 50 or more employees to provide at least 2 hours of training and education on the subject of harassment and abusive conduct. This year, the requirement has been adjusted to apply to businesses with five or more employees.

Section 12950.1 of the Government code reads:

What do the new sexual harassment training laws mean for your business?

“By January 1, 2021, an employer having five or more employees shall provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all nonsupervisory employees in California. Thereafter, each employer covered by this section shall provide sexual harassment training and education to each employee in California once every two years.”

When do my employees need to be trained?

The provisions of the act state that both non-managerial and managerial employees must receive training by January 1, 2021. After January 1, 2021, employees must receive a training refresh every two years. Non-supervisory employees must be trained within six months of their date of hire. 

In 2019, California Governor Gavin Newsom signed SB 778 to clarify the discrepancies surrounding the new training requirements for employers. These clarifications extended the deadline to 2021, as well as pointed out the necessity for employers to retrain employees that had been trained in 2018. 

One important clarification that SB 778 made is that employers who conducted legally sufficient training in 2019 will not be required to provide further training until two years following. 

Seasonal and temporary employees hired to work for less than six months remain the same. 

What are the training requirements? 

Under this new requirement, employers with five or more employees must provide harassment prevention training for all of their employees. Managerial employees are required to perform two hours of training, while non-managerial employees are required to perform one hour of training. 

Employers with less than five employees or contractors are not included in this newly updated requirement. 

What should be included in the training?

Employers can provide training in a live classroom setting (which may not be feasible right now), or through e-learning or live webinars. If you choose to administer training via e-learning, the training must provide the trainer’s contact information. Please see the Department of Fair Employment (DFEH)’s online courses.

The Department of Fair Employment lists a few items that must be included in the training you perform for your employees. These include:

  • The definition of harassment under the Fair Employment and Housing Act
  • The statutes and case-law prohibiting and preventing sexual harassment
  • The various types of conduct that are considered sexual harassment
  • Potential remedies for victims of harassment
  • How to prevent harassment from happening, as well as examples of harassment in the workplace
  • The supervisor’s obligation to report sexual harassment
  • Clarification surrounding the complaint process is confidential
  • Harassment victim resources, including where and to whom they should report harassment
  • How employees must correct harassing behavior
  • What to do if a supervisor is accused of harassment
  • How to create a proper anti-harassment policy
  • The definition of “abusive conduct” under Govt. Code section 12950.1, subdivision (g)(2)
  • Harassment based on gender identity, gender expression, and sexual orientation
  • Asking questions that assess your employee’s learning, skill-building, understanding, and application of the content, including hypothetical scenarios and discussion questions

What happens if you haven’t trained your employees in time?

If you haven’t arranged for your employees to complete the required harassment prevention training before January 1, 2021, the DFEH will work with you to ensure compliance with the law.

Harassment prevention training is an important aspect of company culture. Your employees must feel safe and secure in the workplace. When they are informed about how to handle potential harassment situations they will feel more confident in your organization to handle these scenarios.