April 23, 2024

Tullio Corradini

Trusted Legal Source

New Year’s Resolution: Update Your Employee Handbook

New Year’s Resolution: Update Your Employee Handbook

Seyfarth Synopsis: Just about every 12 months California enacts a host of new laws that imply even the most diligent businesses need to give their handbooks and procedures a overview and make certain they are up to day with the newest developments. Seyfarth has a number of suggestions for generating guaranteed your handbook in the New Calendar year stays compliant all 12 months long (or at minimum until California complicates points all over again!).

New Year’s Resolution: Update Your Employee Handbook

It is late-December, so as you make your New Year’s resolutions for 2023, updating your company’s handbook to comply with new California legislation ought to be at the leading of your listing!

Though there is no proper or improper time to do a handbook and plan update, we endorse carrying out them per year, as California regulation constantly modifications. Close to the start of a new yr is a excellent time to do a check-in, since new rules typically grow to be productive on January 1. So let us get you rockin’ into New Year’s Eve with a sport program for your updates for 2023!

As we resolved in our legislative update this past drop in depth, below are the new legal guidelines coming into effect for 2023 (unless of course normally mentioned) requiring updates to personnel handbooks:

Modifications to CFRA, Depart, and Unwell Guidelines to Contain A “Designated Person”

The California Household Legal rights Act (“CFRA”) and the California Paid out Sick Go away Legislation (“PSL”) will now cover a “designated person” for whom an staff could get leave, in addition to the relatives associates coated in just their scope below AB 1041.

As we blogged about in element earlier, a selected individual under the CFRA is outlined as any personal relevant by blood or whose affiliation with the employee is the equal of a family members marriage, and consists of domestic associates. The definition of a designated man or woman under the new PSL provisions is various and broader—it can be any particular person recognized by the worker. An staff can discover their specified person at the time they ask for depart or request to use PSL.

Below both equally the CFRA and PSL revisions, an employer may limit an personnel to naming a person selected individual for every 12-month interval. And, under the CFRA, an employer could call for the personnel substitute any of the employee’s accrued trip depart or other accrued time off in the course of a leave time period, or any other compensated or unpaid time off negotiated with the employer.

Businesses must make positive their leave guidelines, unwell time procedures, linked depart request forms, and handbooks are updated accordingly.

Bereavement Depart Coverage Updates

Setting up in 2023, the CFRA necessitates an employer to enable workers to consider up to 5 days of bereavement leave on the death of a loved ones member, delivered the employee has at minimum 30 times of energetic provider. Family member is defined as husband or wife, little one, mother or father, sibling, grandparent, grandchild, domestic lover, or mum or dad-in-law—more narrowly than the definitions used for CFRA leave frequently or PSL, as mentioned over.

The times of bereavement leave do not be taken consecutively, but an employer can call for that the leave be concluded in a few months of the demise of the family members member. If the employer does not have a paid out bereavement coverage, the depart could be unpaid, apart from that an worker must be authorized to use holiday vacation, personalized go away, accrued and accessible unwell depart, or compensatory time off that is if not accessible to the employee. The legislation does not have any restrict on how quite a few moments it may possibly be utilized in a single calendar year, in the function the employee has various coated family users move away.

The legislation lets the employer to call for documentation of the dying of the spouse and children member, which can be a demise certification or a released obituary (among other broad sorts of verification), and prohibits retaliation for requesting bereavement depart.

Companies really should revise their bereavement go away policies (if they have published insurance policies) and handbooks to comply with these adjustments, especially to ensure they are offering at minimum the minimum variety of demanded days.

Improvements to Attendance and Cellular System Use Policies Where There Are Unexpected emergency Disorders

Underneath SB 1044, in the event of an crisis affliction, companies may well not acquire or threaten adverse action from an worker for refusing to report or leaving a office since they sense unsafe. In addition, an worker may possibly not be prevented from utilizing their mobile units for unexpected emergency uses.

It is vital to observe that a wellness pandemic is not considered an “emergency issue,” underneath this new law. It does consist of: (1) conditions of disaster or extreme peril to the security of folks or assets at the office brought on by pure forces or a criminal act, or (2) an buy to evacuate a workplace, a worker’s house, or the faculty of a worker’s baby due to organic catastrophe or a felony act. The law was developed fundamentally to make it possible for for worker protections similar to wildfires and faculty shootings, however it is drafted substantially extra broadly than that.

This law demands staff members, the place possible, to notify the employer of the emergency ailment. The legislation does not implement to very first responders, disaster service workers, workforce on military services bases, and staff of residential treatment services, among the other individuals.

The prohibition on having or threatening adverse motion towards an personnel for refusing to report to or leave a place of work for the reason that they sense unsafe may well demand businesses to update their attendance procedures, potentially creating modifications relevant to discipline for personnel who simply call out or go away a shift early. Also, the prohibition on blocking an worker from accessing their cellular unit for emergency reasons may perhaps call for employers to revise their cellular gadget plan, specially in sure industries that could prevent workforce from accessing cell units at all instances through an ongoing shift.

Reproductive Wellness Now Need to Be Integrated In Anti-Discrimination Policies

The Contraceptive Equity Act of 2022 amends the Truthful Work & Housing Act (“FEHA”) to consist of reproductive overall health decisionmaking as a secured class, creating it unlawful to harass, discriminate, or retaliate towards folks on that basis. Reproductive health and fitness decisionmaking, contains, but is not confined to, an individual’s decision to use or entry a certain drug, gadget, product or service, or professional medical service for reproductive health and fitness. The legislation precisely calls out utilization of beginning command, contraceptives, and voluntary sterilization solutions as needing to be safeguarded choices.

Businesses really should overview their handbooks and guidelines, and update their anti-harassment, anti-discrimination, and anti-retaliation prevention guidelines to reflect the new shielded class “reproductive wellness decisionmaking” beneath the FEHA. Businesses really should also look at updating education supplies in 2023 to mirror the new shielded class and incorporate interactive examples, as they at present do with other secured groups.

Minimal Wage Maximize Usually means Double Test Employee Wages and Exempt Employee Position

The California bare minimum wage will improve to $15.50 per hour for all businesses in the new yr.

This improve in the least wage has an effect on signifies you could have non-exempt workforce that need raises, and it could make upstream influences that your organization will want to think about giving raises to reduced level administrators as properly.

Also considerable for employers, with the rise in minimal wage, the minimal annual salary necessity for extra time exempt staff also goes up. California legislation necessitates that staff subject matter to the administrative, experienced, or government exemptions acquire a income that is at the very least two times the state least wage. For the reason that of the enhance to the condition minimum amount wage, successful January 1, 2023, the least once-a-year wage for personnel below these exemptions will also increase to $64,480.

Take note that select California metropolitan areas in the larger Bay Spot, Silicon Valley, San Diego, West Hollywood, and other people will elevate the minimal wage for non-exempt staff members working in city limitations. Non-exempt staff doing work within a single of these metropolitan areas will have to be paid out the local least wage when increased than the California state bare minimum wage.

Employers need to examine to make absolutely sure that they have up-to-day least wage posters in their breakrooms, and should look at with payroll to make confident that all personnel are generating the suitable minimal wage in the new 12 months, and that exempt personnel are earning at least the statutory minimum.

Do not Forget about About San Francisco’s Community Health Crisis Leave Ordinance

This year, San Francisco voters handed Proposition G, a new Public Well being Unexpected emergency Depart Ordinance (PHELO), which became operative on Oct 1, 2022. As we formerly blogged about in detail, San Francisco businesses with 100 or additional staff members throughout the world, have to deliver up to 80 several hours of compensated General public Well being Crisis Go away to every single personnel who performs operate in San Francisco. This is in addition to any paid time off, together with paid ill go away under the San Francisco Paid out Ill Go away Ordinance.

Any lined San Francisco businesses who have not currently updated their leave policies, need to revise accordingly to comply with this Ordinance.

…And the West Hollywood Paid out Time Off Ordinance

As discussed extra in depth in our prior blog, on November 15, 2021, West Hollywood enacted an ordinance demanding employers to enable accrual of up to 96 compensated hrs for every calendar year for unwell go away, getaway, or personal requirement to full-time personnel, and instituting a amount of other requirements. On May well 16, 2022, West Hollywood amended the Ordinance, and a short while ago released regulations and administrative elements, these as necessary posters pertaining to the new minimum wage and the time off parts.

West Hollywood companies who have not presently up-to-date their guidelines accordingly, consider notice!

Workplace Options

Just mainly because New Year’s is renowned for dropping a big ball does not suggest your corporation has to! Prior to you start off singing “Auld Lang Syne,” access out to Seyfarth’s Handbooks and Plan Progress Team to get started your new 12 months off correct and be certain your handbook and guidelines are in compliance with California legislation.

Edited by Coby Turner