Monthly Archives: June 2015

New Laws, Paid Sick Leave

PAID SICK LEAVE STARTS ACCRUAL ON JULY 1, 2015

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The California Healthy Workplace Healthy Family Act of 2014 requires all employers of any size, public and private to provide paid sick leave to all of its employees, with minor exceptions.  The law became effective on January 1, 2015, requiring employers to post the Labor Commissioner’s poster, and to serve their employees with this Notice (Labor Code Section 2801.5) advising them of their rights under then new law.

Employees will accrue sick time of one hour per every 30 hours worked, yet may use only 3 days or 24 hours per year.  The accrued hours will carry over from year to year.  An employer may cap the accrual amount and limit the accrual to 6 days or 48 hours.  An employee must work a minimum of 30 days within a year of commencing employment to be eligible to use the paid sick leave.  And an employee may be required to work 90 days before sick leave may be used in the first year of employment.

The law includes anti-retaliation provisions to protect employees who file a complaint, participate in an investigation, or opposing any employer’s unlawful practices relating to paid sick leave.

Possible remedies for violations of this act include, payment of any withheld sick leave pay (up to 3x), penalties, interest, attorneys’ fees, reinstatement, and back pay.  Employers should revise any company policies within the Employee Handbooks, payroll records, and written company policies to ensure that their current policies comply with this new law.

Skanadore Reisdorph Law Office consults with employers about employment policies and practices.  Feel free to inquire by an email or telephone call to Deborah’s attention.  714-375-1529 or deborah@ladylawca.com

 

Discrimination, Harassment, New Laws, Retaliation

UNPAID INTERNS AND VOLUNTEERS ARE PROTECTED UNDER THE CALIFORNIA DISCRIMINATION LAWS

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AB 1443 amended the Fair Employment and Housing Act list of individuals protected by the discrimination laws to include unpaid interns and volunteers.

The Fair Employment and Housing Act protects against discrimination, harassment and retaliation on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status sex, gender gender identity, gender expression, age, sexual orientation, or military and veteran status.

Government Code Section 12940 (c) was amended to affirm that it is an unlawful employment practice:   “For any person to discriminate against any person in the selection, termination, training, or other terms or treatment of that person in any apprenticeship training program, any other training program leading to employment, an unpaid internship, or another limited duration program to provide unpaid work experience for that person because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of the person discriminated against.”

Further, “An employer may also be responsible for the acts of nonemployees, with respect to sexual harassment of employees, applicants, unpaid interns or volunteers, or persons providing services pursuant to a contract in the workplace, where the employer, or its agents or supervisors, knows or should have known of the conduct and fails to take immediate and appropriate corrective action. ”  An employer should protect all persons working  within its facilities and environment, whether or not paid, with this amendment.

The amendment also extended religious belief protections and religious accommodation requirements to anyone in an apprenticeship training program, an unpaid internship or any other program to provide unpaid experience for a person in the workplace or industry.

It is a recommended practice to include interns and volunteers in your company policy provisions that relate to discrimination, harassment and retaliation, and to have a Volunteer Handbook for those who provide services to your organization or company for their protection and yours.