Category Archives: Compliance

What You Need to Know About CA Law Updating Sexual Harassment Training Requirements

On the heels of New York State’s first deadline for new anti-harassment laws, California Governor Jerry Brown signed Senate Bill 1343 into law on September 30, 2018.

SB 1343 amends certain sections of the California Fair Employment and Housing Act so that employers must provide harassment prevention training to all employees. Previously, California employers of only a certain size were required to provide training to managers only.

Who must comply: Employers with five or more employees – regardless of status. All employees must complete the required training.

When employers must comply: The deadline to comply with the training requirements is January 1, 2020.

How is this different than AB 1825?: AB 1825 required training for employers with 50 or more employees. In addition, the training was required for supervisors only. SB 1343 amends sections 12950 and 12950. 1 of Government Code – also known as AB 1825. SB 1343 amends the code to apply to employers with five or more employees as well as requiring ALL employers – both supervisory and non-supervisory – to complete the training.

What do employers need to do?

- Post an updated Department of Fair Employment and Housing (DFEH) posted on discrimination in a prominent and accessible location in the workplace.
- Post a poster developed by DFEH regarding transgender rights in a prominent and accessible location in the workplace.
- Provide sexual harassment training by the January 1, 2020 deadline:

If the training is provided after Jan 1, 2019, employers are not required to provide training by the 2020 deadline.
Non-supervisors: 1 hour within 6 months of position and every 2 years thereafter

If an employee is not hired to work 6 months, training should be provided within 30 days of 100 hours worked, whichever comes first.

If a temporary employee is hired by a temporary services employer, the temporary services employer should provide training.

Department of Fair Employment and Housing will make videos and materials available on its website. The aforementioned courses will be available in English, Spanish, Simplified Chinese, Tagalog, Vietnamese, Korean and any other language that is spoken by a “substantial number of non-English speaking people” as defined in Section 7296.2.

Some of these new measures may present challenges for your business, so, if you have any questions pertaining to the SB 1343 or any general compliance inquiries, please don’t hesitate to contact CorpStrat.

How an HR System Forces Compliance

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Imagine if you had a foolproof way to affirm, with certainty, that each and every company policy, bulletin, procedure, and process was acknowledged by each and every employee?

No one would ever be able to say “I didn’t get that memo”, or “I didn’t know”. It’s possible, with the help of some modern technology we call an HRIS – a Human Resource Information System. Using a shared platform like an HRIS makes it easier to hold everyone accountable for their responsibilities.

Most companies have systems for everything from inventory to sales and from accounting through attendance. But, few have a fully integrated system to manage the employee lifecycle, from ‘job posting through termination’.

Imagine if there was a fully integrated way to post jobs, vet applicants, pre-screen and offer, onboard, payroll, monitor credentials and licensing, track logins and passwords, integrate benefits and 401k enrollment, track PTO and vacation eligibility, make schedules, write up and performance reviews, push out all company policies and maintain access to every aspect of the employee lifecycle. Sound complex? Too good to be true? Well, just the opposite.

What an HRIS Can do for Your Business

Let’s go back to compliance. With an HRIS, each and every company bulletin, policy, procedure and manual, including those that require annual recurring training, can be affirmed by a digital signature. Employees literally cannot go to work without affirming they have read and acknowledged any policy your company wishes to implement.

A robust HRIS, allows employees to also log in and retrieve their payroll stubs, track their PTO, request time-off, and review any document or performance review they have on file. Employees overwhelmingly want this experience.

As one of our clients said so eloquently, “a fully integrated HRIS is a sight to behold.” With today’s challenging workplace, who wouldn’t want a foolproof way to confirm and affirm your employees’ acknowledgment of any and everything possible.

Ask us how our InfinityHR platform changes everything! Call CorpStrat: 818.377.7260

Ensure That Your California Business Is Compliant

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Proposed HR Compliance Laws

California law makers are currently reviewing several proposed laws that effect employers of all sizes (and not necessarily in a good way.) The following laws are likely to become effective within the next 12 months.

Paid Sick Leave Expansion (AB 2841) – This bill would expand the current paid sick leave law on the books per county to 10 days (80 hours) of paid sick leave.

Employment Protection for Medical Marijuana Users (AB 2069) – This bill would amend the Fair Employment and Housing Act to make it an unlawful employment practice for an employer to take adverse action against an applicant or employee. All because of a positive drug test for marijuana (by a medical marijuana cold holder) or because of one’s status as a medical marijuana card holder.

[An employer may still discipline an employee for being under the influence while working or being on the employer’s property. Key change relates to the area of employee accommodations. Exceptions would be made from employers who would lose a license or monetary benefit under federal law.]

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The Uncertainty of Googling HR Issues

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Why Googling HR Issues Is A Bad Idea:

In a recent conversation with a client, we spoke of employees having access to the internet. We both agreed that this can be a blessing or a curse depending on the day of the week in the HR world. Prior to working with CorpStart HR, this client said their company handled information on employment laws and other topics one of two ways:

Googling it themselves, or
Calling an attorney.

Calling their attorney was often a good experience. As a trusted advisor with extensive knowledge of their business, they knew they could trust the information being provided. At times this became cost prohibitive so they would Google the issue. This resulted in a mixed bag of opinions with a sprinkle of the law depending on the subject.

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Where Do You Draw The Line?

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Overly-Friendly or Sexual Harassment…Where Do You Draw the Line?

With the daily news of high profile cases of sexual harassment since Harvey Weinstein was accused last fall along with many others, clients have asked – how do you determine if someone is over-friendly verses harassment? The line between flirtation and harassment is a very fine, often, blurred one.

There is no disputing that a person’s individual and workplace culture plays a large part in this equation. Understanding what is happening (or not happening) in your organization, is most imperative for executives to take the lead on. The Equal Employment Opportunity Commission has a clear definition of what is and is not harassment. So perhaps the question should be, what proactive things can I do to tackle this ever growing issue?

Know the facts. Review the EEOC definition and educated yourself.
Know the types of harassment. Sexual, verbal, gender, etc. and how they can play out in your culture.
Have an inclusive work culture that is diverse in ethnicity, social background, and gender.
Review and update policies that relate to harassment of all kinds.
Develop internal communication that outlines standards, a process for reporting abuse, and clear consequences for violating the policy.
Participate in regular scheduled trainings.
Create a supportive work culture where employee’s feel empowered and valued.
Support HR when a concern arises.
Don’t wait for a formal complaint. If you see or hear about it, ACT.
Respond quickly to all allegations.

Be The Solution

While there are no guarantees a company policy or training will be the perfect solution, employers can take proactive steps to address harassment and create solutions that ensure a safe and comfortable work environment for all.

For the skeptics, yes, false accusations have been made and genuine misunderstandings, easily rectified. But don’t let that lessen the seriousness of a complaint. Harassment of all kinds now have a voice and that has given people the courage to speak up, when they may have been too scared to before.

Given how little agreement exists about a clear definition of sexual harassment, employers seeking to create a comfortable work environment may need to be more explicit about the boundaries of acceptable behavior. Consider CorpStrat to help you through that next situation and in developing policies or trainings. Our HR on Demand packages can provide reliable HR support and create solutions. We are here to help.