Latest News

Wednesday, July 01, 2020

(CalChamber) In this episode of The Workplace podcast, CalChamber President and CEO Allan Zaremberg and Albertsons Companies Senior Vice President of External Affairs and Chief Diversity Officer Jonathan Mayes discuss the importance of diversity and inclusion in the workplace, and provide best practices to help foster a diverse workforce, which will help the company succeed. Mayes, who also is a member of the CalChamber Board of Directors, tells Zaremberg there are many benefits of employing a diverse and inclusive workforce, and one benefit is that diversity helps businesses be more successful. Research consistently shows that companies which embrace diversity and inclusion outperform thos...

Vacation Policy Factors to Consider During COVID-19 Pandemic

Monday, June 29, 2020

(CalChamber) A consequence of the prolonged shelter-in-place and stay-at-home orders issued as a result of the COVID-19 pandemic is dramatically reduced travel. As a result, during this time many employees are not taking earned vacation time and may not do so for months resulting in the following question from employers: Can we change our vacation policies as a result of the employees not using their time? This is a tricky question. Generally, however, employers do have control over their vacation policies subject to certain rules. Below are some common ways in which an employer may address its vacation policies while staying withi...

Employers Can’t Require COVID-19 Antibody Testing

Wednesday, June 24, 2020

(CalChamber) As California’s economy continues to reopen, and workplaces start allowing employees to re-enter, the U.S. Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 guidance, stating that employers may not require employees to take COVID-19 antibody testing to return to the workplace. The COVID-19 antibody test (also known as a serology test) screens a person’s blood for antibodies, which the body would have made if it fought the COVID-19 infection. The antibody test doesn’t check for the virus itself — it’s only looking to see if a person’s immune system has responded to the infection. In a newly-added question, the EEOC explain...

Tips for Creating a Return to Work Plan

Wednesday, June 24, 2020

(CalChamber) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank is joined by employment law experts Bianca Saad and Matthew Roberts to discuss what employers should consider when drafting return to work guidelines. A free CalChamber checklist designed to help employers develop a COVID-19 return-to-work plan is available at https://hrcalifornia.calchamber.com/forms-tools/forms/return-to-work-checklist. Reliable Sources Crafting a return to work checklist can be hard because there is a lot of information and guidance out there, Frank tells listeners. That is why the first sources a business turns to for information should be government websites, such as the U.S. Centers for Disease Control an...

Caveats to Using Virus Monitoring Apps

Monday, June 22, 2020

(CalChamber) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank and employment law expert Jennifer Shaw discuss the use of COVID-19 symptom monitoring apps, and whether they are effective tools for maintaining a healthy workplace. Numerous phone apps have come on the market that help employers keep track of their employees’ symptoms. Some ask only a few basic questions—such as, “Are you experiencing a cough?”—while others keep track of employees’ temperatures. Given that some counties are asking employers to report the symptoms of their employees, such monitoring apps may provide a streamlined way to provide th...

COVID-19: Monitoring Off-Duty Workers

Wednesday, June 17, 2020

(CalChamber) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank and employment law expert Jennifer Shaw discuss the obligations employers have if they decide to monitor off-duty employees as a means of reducing the spread of COVID-19 in the workplace. The question of whether employers should monitor the activities of their workers when they are off the clock is a very popular question at the CalChamber Labor Law Helpline at the moment, Frank tells listeners. Employers are under a lot of pressure to reduce the risk of COVID-19 spread and provide a safe workplace fo...

The Workplace Podcast: Remote Harassment Investigation Tips

Tuesday, June 09, 2020

(CalChamber) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank, and employment law expert Jennifer Shaw discuss important takeaways when conducting workplace harassment investigations while employees are working remotely. Even when employees are working remotely, instances of sexual harassment may still arise. Whether it’s displaying explicit content in the background of a video conference call, or accidental displays of nudity or inappropriate attire, the relaxed atmosphere of being at home is pushing the boundaries of what constitutes being “at work.” “…People are forgetting that it’s still the workplace,” Shaw tells Frank. Investigations When instances of harassment arise, some employer...

COVID-19 Workers’ Comp Order Explained

Friday, May 22, 2020

(CalChamber) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank and workers’ compensation attorney Tiffany Boyland of Michael Sullivan & Associates LLP discuss Governor Gavin Newsom’s recent executive order that created a rebuttable presumption for workers claiming to have contracted COVID-19 in the workplace and seeking workers’ compensation benefits. What Is Workers’ Compensation? Workers’ compensation is a no-fault insurance system that provides medical and wage benefits to employees who are injured at work. For example, Boyland says, if an employee has a stroke at work, falls down and breaks an arm, the stroke might not be covere...

The New Office Layout, For New Office Reality

Friday, May 22, 2020

(OC Business Journal) As companies in Orange County prepare to go back to the office, employers are rethinking their space. Short-term changes made as a result of the coronavirus pandemic will incorporate new county requirements that factor in increased cleaning and social distancing efforts. Expect to see more touchless faucets, automatic door openers, sanitizer stations, taller desk partitions, and dedicated package drop-off areas, for a start. Lasting impacts on office space could turn out to be much more pervasive. The good news is that many forward-thinking companies were already heading in that direction pre-pandemic, say some of the area’s top architecture and design firms. “Thes...

COVID-19: What Employers Ask Part 2

Wednesday, May 20, 2020

(CalChamber) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank and Labor Law Adviser Ellen Savage discuss the most common coronavirus-related questions employers and human resources professionals have been asking the CalChamber’s Labor Law Helpline as they prepare to reopen their workplaces. Below is a condensed summary of today’s podcast. Reducing Hours One of the most common questions Savage hears on the Labor Law Helpline is whether employees can be “furloughed” for only a day or two a week in order to cut payroll costs. She explains that such a scenario should be referred to as ...

Small Employers and New Emergency FMLA

Tuesday, May 05, 2020

(CalChamber) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank, and employment law expert Jennifer Shaw discuss the responsibilities small employers have under the Emergency Family Medical Leave Expansion Act (EFMLA), and how the new leave differs from the regular Family Medical Leave Act (FMLA). EFMLA Applies to Small Employers Part of the Families First Coronavirus Response Act passed in response to the COVID-19 pandemic crisis, the Emergency Family Medical Leave Expansion Act provides paid protected leave to employees who cannot work due to having to care for a child who cannot attend school or daycar...

Telework During Pandemic Could Affect Future Remote Work Requests

Tuesday, May 05, 2020

(CalChamber) If an employer allows employees to telework during the COVID-19 pandemic, will the employer have to allow them to continue teleworking after the California shelter-in-place order is lifted? For disabled employees, would an employer have to automatically grant telework as a reasonable accommodation if the employees wish to continue the arrangement after the pandemic is over? Unless there is a disability-related limitation that may require teleworking, an employer has no legal obligation to allow employees to continue teleworking once the California shelter-in-place order is lifted. If there is a disability-related limitation, but the employer can effectively address the need with another for...

Remote Work: Gauging Job Performance

Tuesday, April 28, 2020

(CalChamber) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank, and employment law expert Jennifer Shaw discuss what employers should consider when monitoring employees working remotely and provide key takeaways for evaluating the performance of remote workers. While telework is not a new concept, Frank says, it is new to many employers. And even for employers who previously allowed telecommuting, it’s new to have so many employees working remotely. Many employers may now be asking themselves: how can we evaluate job performance? Considerations Shaw remarks that while there are many temptations in the home setting, some peopl...

COVID-19 Supplemental Paid Sick Leave

Monday, April 27, 2020

(CalChamber) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank and employment law expert Jennifer Shaw discuss key details of California’s COVID-19 Supplemental Paid Sick Leave, including gig workers, eligibility requirements, verbal requests, avoiding a “gotcha moment,” and employer recommendations. Standout Details California’s COVID-19 Supplemental Paid Sick Leave announced in Executive Order N-51-20 by Governor Newsom on April 16 applies to large employers with more than 500 employees in food sector industries. One of the interesting aspects of this supplemental paid sick leave is that gig economy workers are also covered by the order, Shaw tell...

Reminder: Properly Document FFCRA Leave to Claim Tax Credits

Friday, April 24, 2020

(CalChamber) Employers are becoming familiar with the new Families First Coronavirus Response Act (FFCRA), which provides new COVID-19-related federal emergency paid sick leave and emergency family and medical leave. As employees start using the new leave, it’s important for employers to collect and maintain proper documentation, not only for their own records, but also to claim the new tax credits available to them. The FFCRA provides fully refundable tax credits to cover the cost of the required leave. According to Internal Revenue Service (IRS) guidance, employers can begin taking advantage of the credits by withholding federal employment taxes equal to th...

DOL Helps Employers Calculate FFCRA Leave Hours, Rates

Thursday, April 23, 2020

(CalChamber) The U.S. Department of Labor (DOL) issued its most recent guidance on the Families First Coronavirus Response Act (FFCRA). The DOL is working hard to address employers’ lingering questions about the law’s requirements, including how to calculate an eligible employee’s hours of leave and their average regular rate for both emergency paid sick leave and expanded family and medical leave for COVID-19-related reasons. Emergency Paid Sick Leave Hours Calculating leave hours for employees with regular schedules is straightforward. The FFCRA provides eligible full-time employees with 80 hours of emergency paid sick leave, and employees are considered full time if they’re schedule...

Avoid Liability: On-Call Rules to Know

Tuesday, April 21, 2020

In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank, and employment law expert Jennifer Shaw discuss the difference between “restricted” and “unrestricted” on-call shifts, and what issues may arise with the Paycheck Protection Program if employers place workers on on-call shifts. Restricted vs. Unrestricted As more employees are allowed to work from home due to the COVID-19 pandemic and shelter-in-place county ordinances, employers may find that not all positions have enough work to complete full-time hours, Frank says. To balance company needs, some employees are being shifted to on-call status, working only if the compan...

Wage and Hour Considerations for Remote Workers

Wednesday, April 15, 2020

How do an employer’s pay obligations differ when an hourly/nonexempt employee is working remotely from home? It’s important for employers to keep in mind that when having a nonexempt employee work remotely, obligations under California’s wage and hour laws remain the same, and employers need to ensure measures are in place to maintain accurate records of the employees’ hours worked. In addition to accurately tracking all hours worked by nonexempt remote employees, it’s critical for employers to ensure their employees take required meal and rest breaks, get paid for any overtime hours, and are not engaging in “off-the-clock” work (there is n...

Unemployed Californians to Get an Extra $600 in Weekly Benefits Amid Coronavirus Crisis

Monday, April 13, 2020

Californians struggling to find work will receive an extra $600 in weekly unemployment benefits from a federal stimulus package starting, Gov. Gavin Newsom said, as a deluge of 2.3 million new claims in the last month has the state struggling to get payments to those who have just lost their jobs. The additional relief money approved by Congress means California’s average weekly benefit of $340 will be boosted to $940, while those who get the maximum weekly state benefit will see checks increased to $1,050. The higher benefits will last for four months. The first payment is going out Sunday to thos...

COVID-19: Telework Best Practices

Friday, April 10, 2020

As employers shift to a work-from-home workplace model, many are finding that managing telework has its own set of challenges. In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank and employment law expert Jennifer Shaw discuss remote work best practices, such as ways to ensure workers are taking mandated rest breaks, reimbursing expenses, establishing COVID-19-specific policies, and maintaining a harassment-free environment. Time Management Remote work is not a new concept, and for those who have been working from home before the COVID-19 pandemic crisis, it’s business as usual, Shaw tells Frank. Exempt employees are easier t...

Fed Preparing to Finance New Small-Business Payroll Loans

Tuesday, April 07, 2020

The Federal Reserve announced it would create a new program to finance loans that banks and other lenders make through the government’s emergency small-business lending program. The move will free up financial firms to make more loans guaranteed by the Small Business Administration’s Payroll Protection Program (PPP), part of a $2.2 trillion economic relief package President Trump signed last month to help individuals and businesses affected by the coronavirus pandemic. In a statement the Fed said that to facilitate more lending to small businesses, it would establish a facility that offers term financing backed by PPP loans. It said additional details woul...

Required FFCRA Documentation, Recordkeeping for New Federal Paid Leave (COVID-19)

Tuesday, April 07, 2020

The new Families First Coronavirus Response Act (FFCRA) has dominated employers’ attention with its provisions for emergency paid sick leave and expanded family and medical leave for reasons related to COVID-19, also known as coronavirus. The U.S. Department of Labor (DOL) has been trying to answer employers’ questions leading up to April 1, but one issue that remained unclear was the documentation employers should obtain from employees taking leave under the new law. On April 1, 2020, the same day the FFCRA took effect, the DOL issued regulations that specifically addressed the issue. The new FFCRA regulations require employees to provid...

Federal COVID-19 Leaves: Key Points

Wednesday, April 01, 2020

In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank and employment law expert James Ward discuss key points and guidelines issued by the U.S. Department of Labor (DOL) on the Families First Coronavirus Response Act (FCCRA), which takes effect today, April 1. Frank points out that the guidelines and requirements surrounding the FCCRA have been changed recently and can be changed at any moment by the DOL. She recommends that listeners regularly visit the DOL website to ensure they have the most up-to-date information. Listeners also can visit calchamber.com/Coronavirus for updates on federal an...

Governor Newsom Signs Executive Order to Help Small Business During Crisis

Tuesday, March 31, 2020

Governor Gavin Newsom signed an executive order that will provide some relief for small businesses struggling during the COVID-19 crisis. The Executive Order is linked here. The Governor’s executive order allows the California Department of Tax and Fee Administration (CDTFA) to offer a 90-day extension for tax returns and tax payments for all businesses filing a return for less than $1 million in taxes. That means small businesses will have until the end of July to file their first-quarter returns. Additionally, the order extends by 60 days the statute of limitations to file a claim for refund to accommodate tax and fee payers. Th...

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