Compliance Poster Update

We want to ensure you stay compliant! Here is information through CalChamber and an easy link to their 2019 all-in-one poster. This includes mandatory updates to the California Minimum Wage notice, the EDD Notice to Employees, and the DFEH Discrimination and Harassment notice.
Since January 1, 2019, all employers, regardless of size, should be displaying this updated poster in the workplace.
April 1 Mandatory Poster Update: 
Changes were approved to the CFRA notice, (now called the Family Care and Medical Leave and Pregnancy Disability Leave notice), adding information about the New Parent Leave Act (NPLA). Effective April 1, 2019, this is a new posting requirement for California employers covered by the NPLA (20 to 49 employees) and an updated posting requirement for those covered by CFRA (50 or more employees).
CalChamber’s 2019 California and Federal Labor Law poster includes these mandatory updates. Click here to purchase your copy today.
Don’t risk noncompliance and steep penalties for not informing employees of their current rights in the workplace.
DESCRIPTION
CalChamber’s convenient 28″ x 46″ all-in-one poster contains the 18 state and federal employment notices every California employer must post—even if you only employ one person in California.
Be sure to display a poster in each business location where employees can easily see it and read it. You’ll need both English and Spanish poster versions if you have Spanish-speaking employees.
Remember, you must separately post the Wage Order(s) specific to your industry. New postings are required for January 1, 2019. Use their free  Wage Order Wizard to identify which of the 17 industry Wage Orders you need.

New Parent Leave Act

Overview of the Parental Leave Act

California’s new Parental Leave Act (PLA) provides up to 12 weeks of leave for new parents. This includes parents who have given birth to a child and parents who have had a child placed with them through foster care or adoption.

It does not offer medical leave so employees that are covered under the new act cannot take time for their own medical needs nor for a family member’s needs. Covered employees can use the leave within the first 12 months after becoming new parents.

Employers must provide employees with a guarantee of the same or similar job upon the employee’s return before the employee starts the leave. If the employer doesn’t provide this guarantee, then the employer is considered to have denied leave to the employee.

In addition, employers must provide group health insurance coverage for the 12 weeks that employees are on leave. Employers can only recover the cost of the health insurance premiums if the employee fails to return to work after the leave as long as the employee did not return due to a serious health condition.

If the employee fails to return to work due to a serious health condition or the employee does return to work, then the cost of the premiums must be born by the employer.

Employees Covered Under the Parental Leave Act

The act covers any employer who has at least 20 employees in a 75-mile radius. CFRA covers any employer who has 50 or more employees and does not include 75-mile radius requirements.

Employees who work at qualified employers must have worked at their employers for the previous 12 months. Further, employees must have worked at least 1,250 hours with their employers during that time frame.

In addition, the State of California, all cities and all subdivisions of the state or city governments fall under the act.

Differences between the Parental Leave Act and the Existing Family Right Act

The Parental Leave Act expands coverage under the Family Rights Act. While the Family Rights act covers employers of 50 or more, the Parental Leave Act covers employers with 20-49 employees.

Furthermore, the CFRA covers leave for medical or serious health conditions of the employee and the employee’s family. CFRA expands the coverage of the Federal FMLA, which covers employers with at least 50 employers in a 75-mile radius. CFRA also provides expanded coverage for family members above what FMLA provides.

In contrast to CFRA, California Pregnancy Disability Leave provides up to 4 weeks of paid leave for employees who are disabled due to pregnancy, including birth.

The new act does not specifically address whether Pregnancy Disability Leave should be taken concurrently with New Parental Leave or consecutively.

Getting Paid While on Leave

California Parental Leave Act isn’t a paid leave. However, California offers required paid sick leave for employees which provides up to 48 hours a year of paid time off.

The act allowed employees to use other paid time off or employer paid time during the Parental Leave.

Further, female employees can be paid for the first 4 weeks of Parental Leave through California’s Pregnancy Disability Leave which provides 4 weeks of paid leave due to a disability caused by pregnancy.

Resource for Harassment Training Requirement

Employers with 5+ employees (effective January 1, 2019):

In the wake of the #MeToo movement, with new anti-harassment laws being passed in several states, we know that evaluating Sexual Harassment Training is at the forefront of many of your agendas. We are happy to assist by recommending Traliant, our provider of choice.

Traliant is the online compliance training partner of 1,500+ clients, including the US Congress Office of Compliance (OOC), Hilton Worldwide, and LA Fitness, so you’ll be in good company.

We selected Traliant because of their innovative approach to online compliance training, which covers important topics such as Preventing Discrimination and Harassment in a modern, engaging format. Unlike dated training videos you may have seen in the past, Traliant releases a new season every year with bite-sized episodes to cover current issues and keep their content fresh and engaging. Their industry-leading online training courses are accompanied by an easy to use LMS to manage your employees’ learning. Every training program comes with options to customize, by adding your logo, contact information, policies, and even images or employee Q & A’s.

For our California clients we recommend Traliant’s newly released California Edition of Preventing Discrimination and Harassment which complies with all the training requirements under California’s new workplace laws, enforced by the California Department of Fair Employment and Housing (DFEH). The web-based, interactive training is available in two versions: a one-hour (60 min.) course for employees, and a two-hour (120 min.) course for managers and supervisors.

This comprehensive course includes information and practical guidance on the federal and California state anti-harassment laws, and covers all the required topics and more, including sexual harassment and abusive conduct, preventing harassment based on gender identity, gender expression and sexual orientation, discrimination, retaliation, bystander intervention, diversity and inclusion and workplace civility.

On August 1st Traliant will be launching a self-service site so you can quickly and easily purchase training. In the meantime, all purchases can be made through Traliant, honoring the pricing below.

Archway Benefit’s Partnership with Traliant Oers the Best Pricing for our Clients

Preventing Discrimination and Harassment training is just $14 per license (employee that needs to be trained)

  • Simple, easy flat pricing: $14 per license (manager or employee course same price)
  • Automated self-implementation process with Traliant logo/policy
  • Easy access and visibility to training reports
  • Upgrade options:
    • Add your logo and policy: $45 one-time fee
    • Spanish translation: $50 one-time fee (not related to the number of employees)

If you would like to make a purchase now or for more information, please reach out to Jory Aquino at jory.aquino@traliant.com.

Let Traliant take your compliance training from Boring to Brilliant!

New CA Requirements for Sexual Harassment Prevention Training

The state of California currently requires mandatory sexual harassment and abusive conduct prevention training for supervisors working for employers with 50 or more employees. California-based supervisors must be trained every two years. New supervisors must be trained within six months of assuming the position.

2020 Training Requirements
By January 1, 2020, all employees working for employers with five or more employees will need to be trained. Supervisors must receive two hours of training once every two years, while non-supervisory employees must receive one hour of training once every two years.

What Kind of Training Must Employers Provide?
Employers must provide sexual harassment prevention training in a classroom setting, through interactive E-learning, or through a live webinar. E-learning training must provide instructions on how to contact a trainer who can answer questions within two business days.

Any training must explain:

  • The definition of sexual harassment under the Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964;
  • The statutes and case-law on prohibiting and preventing sexual harassment;
  • The types of conduct that can be sexual harassment;
  • That harassment may be based on gender identity, gender expression, and sexual orientation;
  • The remedies available for victims of sexual harassment;
  • Strategies to prevent sexual harassment;
  • Supervisors’ obligation to report harassment;
  • Practical examples of harassment;
  • The limited confidentiality of the complaint process;
  • Resources for victims of sexual harassment, including to whom they should report it;
  • How employers must correct harassing behavior;
  • What to do if the supervisor is personally accused of harassment;
  • The elements of an effective anti-harassment policy and how to use it;
  • “Abusive conduct” under Government Code section 12950.1, subdivision (g)(2).

Finally, any training must include questions that assess learning, skill-building activities to assess understanding and application of content, and hypothetical scenarios about harassment with discussion questions.

Who Can Provide The Training?
There are three types of qualified trainers:

  1. Attorneys who have been members of the bar of any state for at least two years and whose practice includes employment law under the Fair Employment and Housing Act or Title VII of the federal Civil Rights Act of 1964;
  2. Human resource professionals or harassment prevention consultants with at least two years of practical experience in one or more of the following areas: designing or conducting training on discrimination, retaliation, and sexual harassment prevention; responding to sexual harassment or other discrimination complaints; investigating sexual harassment complaints; or advising employers or employees about discrimination, retaliation, and sexual harassment prevention; or
  3. Law school, college, or university instructors with a post-graduate degree or California teaching credential and either 20 hours of instruction about employment law under the FEHA or Title VII.

Neither DFEH nor any other state agency issues licenses or certificates validating a person’s qualifications to teach sexual harassment prevention training classes.

What About Seasonal and Temporary Employees?
Beginning January 1, 2020, employers must provide training for seasonal and temporary employees, as well as any employee that is hired to work for less than six months, within 30 calendar days of hire or within their 100 hours worked, whichever comes first. Temporary services employers are responsible for training their employees.

Workplace Posters

Some of the statutes and regulations enforced by the U.S. Department of Labor (DOL) require that notices be provided to employees and/or posted in the workplace. DOL provides free electronic copies of the required posters and some of the posters are available in languages other than English.

Please note that posting requirements vary by statute; that is, not all employers are covered by each of the Department’s statutes and thus may not be required to post a specific notice. For example, some small businesses may not be covered by the Family and Medical Leave Act and thus would not be subject to the Act’s posting requirements.

The elaws Poster Advisor can be used to determine which poster(s) employers are required to display at their place(s) of business. Posters, available in English and other languages, may be downloaded free of charge and printed directly from the Advisor. If you already know which poster(s) you are required to display, see below to download and print the appropriate poster(s) free of charge.

Please note that the elaws Poster Advisor provides information on federal DOL poster requirements. For information on state poster requirements, please visit state Departments of Labor.

Posters

Author: Marta Moakley, XpertHR Legal EditorIn addition to federal posting requirements, a California employer should ensure compliance with individual state and local requirements for workplace posters. HR must monitor the applicable statutes and update the postings as needed. The following chart contains information regarding whether a specific poster is:

  • Required for all employers;
  • Required for employers in certain industries;
  • Required for an employer based on the number of its employees within a state or municipality; or
  • Recommended for an employer, but not required.

The Employment Law Manual’s Employee Communications: California section offers detailed information regarding state-specific postings and compliance requirements.

Poster Required for All Or Most Employers Required for Some Employers Recommended But Not Required
California Access to Medical and Exposure Records Poster X
California Barbering and Cosmetology Establishments Posting Notice X
California Discrimination and Harassment in Employment Are Prohibited by Law Poster X
California Emergency Phone Numbers Poster X
California Farm Labor Contractor Statement of Pay Rates Poster X
California Harassment, Discrimination and Retaliation Policy X
California Human Trafficking Poster X
California Joint Notice for Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave Poster X
California Minimum Wage Order Poster X
California Wage Order #1 Manufacturing Industry Poster X
California Wage Order #2 Personal Services Industry Poster X
California Wage Order #3 Canning, Freezing and Preserving Industry Poster X
California Wage Order #4 Professional, Technical, Clerical, Mechanical and Similar Occupations Poster X
California Wage Order #5 Public Housekeeping Industry Poster X
California Wage Order #6 Laundry, Linen Supply, Dry Cleaning and Dyeing Industry Poster X
California Wage Order #7 Mercantile Industry Poster X
California Wage Order #8 Industries Handling Products After Harvest Poster X
California Wage Order #9 Transportation Industry Poster X
California Wage Order #10 Amusement and Recreation Industry Poster X
California Wage Order #11 Broadcasting Industry Poster X
California Wage Order #12 Motion Picture Industry Poster X
California Wage Order #13 Industries Preparing Agricultural Products for Market, on the Farm Poster X
California Wage Order #14 Agricultural Occupations Poster X
California Wage Order #15 Household Occupation Poster X
California Wage Order #16 Certain On-Site Occupations in the Construction, Drilling, Logging and Mining Industries Poster X
California Wage Order #17 Miscellaneous Employees Poster X
California Notice to Employees of Inspection by Immigration Agencies X
California Notice to Employees – Injuries Caused by Work Poster X
California Operating Rules for Industrial Trucks Poster X
California Paid Sick Leave Poster X
California Payday Notice Poster X
California Preemployment Inquiry Guidelines Poster X
California Pregnancy Disability Leave Notice Poster X
California Preventing Musculoskeletal Injuries in Housekeepers Poster X
California Safety and Health Protection on the Job Poster X
California Sexual Harassment Poster X
California Time Off to Vote Notice Poster X
California Transgender Rights in the Workplace Poster X
California Unemployment Insurance Poster X
California Whistleblower Protections Poster X
California Workplace Rights for Members of the Military and Veterans Poster X
Belmont, California, Minimum Wage Poster X
Berkeley, California, Minimum Wage Poster X
Cupertino, California, Minimum Wage Poster X
El Cerrito, California, Minimum Wage Poster X
Emeryville, California, Minimum Wage and Paid Sick Leave Poster X
Emeryville, California, Service Charge Law Poster X
Los Altos, California, Minimum Wage Poster X
Los Altos, California, Workers Know Your Rights Poster X
Los Angeles, California, Minimum Wage and Paid Sick Leave Poster X
Los Angeles, California, Fair Chance Initiative for Hiring Poster X
Los Angeles County, California, Minimum Wage Poster X
Malibu, California, Minimum Wage Notice Poster X
Milpitas, California, Know Your Rights Poster X
Milpitas, California, Minimum Wage Notice Poster X
Mountain View, California, Minimum Wage Poster X
Oakland, California Minimum Wage Poster X
Oakland, California Paid Sick Leave Poster X
Oakland, California Service Charge Law Poster X
Palo Alto, California, Minimum Wage Poster X
Pasadena, California, Minimum Wage Poster X
Redwood City, California, Minimum Wage Poster X
Richmond, California, Minimum Wage Poster X
Sacramento County Hotel Worker Protection Act Policy Posting X
San Diego, California, Earned Sick Leave Notice Poster X
San Diego, California, Minimum Wage Notice Poster X
San Francisco, California, Fair Chance Ordinance Notice Poster X
San Francisco, California, Family Friendly Workplace Poster X
San Francisco, California, Formula Retail Employee Rights Notice Poster X
San Francisco, California, Health Care Security Ordinance Poster X
San Francisco, California, Minimum Wage Poster X
San Francisco, California, Paid Parental Leave Ordinance Poster X
San Francisco, California, Paid Sick Leave Poster X
San Francisco, California, Salary History Poster X
San Jose Minimum Wage Poster X
San Jose Opportunity to Work Ordinance Poster X
San Leandro, California, Minimum Wage Poster X
San Mateo, California, Minimum Wage Poster X
Santa Clara, California, Minimum Wage Notice Poster X
Santa Monica, California, Minimum Wage Poster X
Sunnyvale, California, Minimum Wage Poster X

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