New HR Law Updates

New HR Law Updates

CULTURE WORKS – WE KEEP YOU TOGETHER WHEN SOCIAL DISTANCING KEEPS YOU APART!

CULTURE CONNECTIVITY FOR YOUR PURPOSE, PEOPLE AND PROCESSES.

Each year the HR laws update and change to accommodate the current environment we live in. These new laws help protect employee rights and bring clarification to the employer’s responsibilities. These laws help employees feel safe and secure in their work environment, which, in turn, upgrades your company culture. Here are the new HR law updates for this year.

As an employer being aware of these laws and staying compliant ensures your success as a business. Any new updates serve as a baseline for company culture, if you can go above and beyond these regulations, you will have a company culture that thrives.

Anti-discriminatory Law Updates

States like New York and Illinois are enforcing laws to protect employees from harassment and discrimination. Not only will harassment trainings be required for all employees, but these states are also working to implement procedures to correct the underpayment of women. Also, the LGBTQ company may be protected by the Civil Rights Act of 1964 in the coming weeks.

Sexual Harassment and Sexual Harassment Training Requirements

The SB 1300 expands an employer’s liability for the acts of non-employees to all forms of unlawful harassment. It also doesn’t allow employers to require employees to sign a release of FEHA claims or rights or sign a document prohibiting disclosure of information about unlawful acts in the workplace. Lastly, it encourages employers to provide employees with bystander intervention training.

SB 1343 helps prevent further sexual harassment. It states employers with 50+ employees are required to provide supervisors with two hours of sexual harassment training within 6 months of the employee’s hire or promotion date. Employers with 5+ employees were made required to provide two hours of sexual harassment training to supervisors, along with one hour to non-supervisory employees within 6 months of hiring and every 2 years to follow. This new law also ensures that all temporary and seasonal employees received training within 30 days or their hire date or at 100 hours worked, whichever comes earlier. Temporary services employees are responsible for training employees placed with clients. Lastly, the Department of Fair Employment and Housing is required to provide online training courses that meet the new legal requirements.

Defamation Protection

Employers and sexual harassment victims are protected from liability for defamation lawsuits with the enforcement of AB 2770. Employees who make credible reports of sexual harassment are protected from liability, as well as the employer who communicated with victims and witnesses. If an employer is contacted for a job reference on the employee in question, they are not allowed to state whether the employee is not eligible for rehire because of their engagement in sexual harassment.

Confidentiality Clauses in Settlement Agreements Changes

Before law SB 820 was in place, employers were able to enter into settlement agreements containing nondisclosure provisions preventing parties from discussing the factual foundation of sexual assault claims in the workplace, as well as the amount of the settlement.

Now, employers cannot enter into settlements agreements that prevent the disclosure of information in regard to acts of sexual assault, acts of sexual harassment, acts of workplace sexual harassment, acts of workplace sexual discrimination, the failure to prevent acts of workplace sexual harassment and discrimination, and the retaliation against anyone who reports sexual harassment or discrimination.

Paid Leave Policy Changes

The FMLA (Family and Medical Leave Act now requires employers to allow 12 weeks per year of unpaid leave to employees who need to care for their families and themselves. Some state governments have been implementing more lenient leave programs for employees.

California has mandated paid leave extends from the original six weeks to eight weeks. The new law that California passed also eventually expands employee’s paid leave to six months for new parents and wage replacement benefits up to 90% for lower-wage employees.

Salary History Requirements

AB 2282 clears up the confusion surrounding the AB 168 ban on salary history inquiries and the requirement to provide pay scales to applicants. The first clarification is employers are able to ask about an applicant’s salary expectations. External applicants are allowed a pay scale if requested after completing the first interview, but current employees are not. This pay scale is only required to include salary or hourly wage ranges. Lastly, compensation decisions that are based on employee’s salaries are permissible if they are justified through a seniority or a merit system.

Standard Mileage Rate Updates

The standard mileage rates continue to change as our economic state changes. Under this employment law, employers must fully reimburse employees for expenses that are actually and necessarily incurred (California Labor code 2802). This law includes a new standard mileage rates for the use of a car, van, pickup, or panel truck that changed to 58 cents per mile for business miles, 20 center per mile driven for medical or moving purposes, and 14 center per mile driven in service of charitable organizations.

If an employee can prove that the chosen mileage reimbursement rate does not cover their actual expenses, the employer must pay the difference. These expenses include gas, wear and tear (depreciation), repairs, oil, insurance, and other costs associated with a vehicle.

These laws are in place to protect your employees. Implementing these laws will help your employees feel safe in the workplace. They can also be a quick check for your organization, where are you going above and beyond for your employees? Where can you improve your companies policies to improve company culture? And how can you be ahead of the game by giving your employees the best policies?

When you align purpose to operationalize your company culture you will create an unbeatable company culture. Contact us to create the right solutions for your company!