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California's New and Emerging Risks: Policy and Procedure Updates for Multistate Employers with Golden State Operations - On-Demand

California's New and Emerging Risks: Policy and Procedure Updates for Multistate Employers - On-Demand

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California’s New and Emerging Risks: Policy and Procedure Updates for Multistate Employers with Golden State Operations - On-Demand

Webinar now available On-Demand.

Multistate employers operating in California always have a host of legal and regulatory issues to keep up with, and 2017 will be no different. Areas of change include: 

  • Harassment: There are new regulations under the state’s Fair Employment and Housing Act (FEHA) that set out requirements for a non-harassment, discrimination and retaliation prevention policy. 
  • Immigration: SB 1001 and SB 1139 affect the I-9 documentation employers may request. 
  • Equal Pay: Under SB 358, which significantly modified Labor Code 1197.5, California has the strongest equal pay measures in the nation. And SB 1063, in effect as of January 1, 2017, states that prior salary does not by itself justify any disparity in compensation—so now, more than ever, it’s important to conduct an internal audit of pay practices. 
  • Paid Sick Leave: The Healthy Workplaces, Healthy Families Act and subsequent amendments cover employees who work in California for the same employer for 30 or more days within a year. 
  • Domestic Violence: Under AB 2337, employers with 25 or more employees must provide written notice to all new hires (and upon request of other employees) of the rights of victims of domestic violence, sexual assault or stalking. 
  • Family Leave: California places numerous compliance requirements on employers related to the California Family Rights Act (CFRA) and the use of accrued paid leave, intermittent leave for baby bonding, and the continuation of group health benefits, thanks to CFRA amendments. There’s also a new model CFRA medical certification form and some “forbidden” questions employers are prohibited from asking employees. 
  • Wage/Hour: There are many wage and hour “traps” that multistate employers can easily become ensnared in, from salary threshold for “exempt” employee status increases in effect as of January 1, 2017, 17 separate Wage Orders, new overtime requirements for the agricultural sector, and numerous local minimum wage ordinances in places like Berkeley, El Cerrito, Emeryville, Los Altos, Los Angeles, Malibu, Mountain View, Oakland, Palo Alto, Pasadena, Richmond, San Diego, San Francisco, San Jose, Santa Clara, Santa Monica, and Sunnyvale. 

These are just a few of the important updates multistate employers need to be aware of to avoid legal trouble.

Use this comprehensive virtual workshop on-demand, led by California attorneys Mark Schickman and Cathleen Yonahara, will update you on how to amend policies and procedures concerning employee leaves, wages, and more so you can ensure compliance.

You’ll discover: 

  • How to comply with California’s wide-ranging discrimination laws 
  • The impact of new FEHA regulations on harassment and discrimination 
  • How to navigate the state’s complex employee leave laws 
  • How to ensure compliance with California’s strict wage and hour laws 
  • “Traps for the unwary” to avoid concerning: 
    • independent contractor misclassifications 
    • whistleblowing 
    • requests for personnel files 
    • non-compete agreements 
    • privacy in the workplace 
    • “ban the box” issues regarding background checks 
    • drug and alcohol testing 
    • medical marijuana 
    • arbitration agreements 
    • paid sick leave 
    • protections for transgender employees 
    • wellness programs 
    • and much more! 
  • New case law developments—and the practical impact these recent rulings have on meal and rest breaks, class action waivers and arbitration, disability accommodation, and more 
  • Plus, you’ll get a handy list of nearly two dozen new pieces of legislation impacting employment law compliance in California! 


Complying with California’s All-Inclusive Discrimination Laws and New FEHA Regulations on Harassment and Discrimination

You’ll learn: 

  • Current requirements under FEHA concerning dress and grooming standards, accommodations for religious practices, and more 
  • How personal liability for workplace harassment can arise under FEHA 
  • New requirements concerning employers’ non-harassment, discrimination and retaliation prevention policies 
  • Requirements under the state’s sexual harassment and anti-bullying training mandates 
  • Examples of failure-to-accommodate claims that can have huge legal and financial consequences 

Navigating the Complexities of California’s Employee Leave Laws

You’ll learn: 

  • New posting requirements concerning domestic violence, sexual assault and stalking leave 
  • Your obligations under the state’s paid sick leave law—the Healthy Workplaces, Healthy Families Act 
  • The practical impact of the state’s newly expanded school activities leave law 
  • The latest strategies for complying with recently added CFRA amendments—what’s included on the new CFRA model certification form and the questions you must steer clear of 
  • Best practices for dealing with pregnancy disability leave and transfers and other potentially tricking employee leave-related issues

Avoiding Traps in California’s Wage and Hour Laws

You’ll learn: 

  • Which of the state’s 17 wage orders may apply to your company 
  • How to ensure compliance with overtime requirements concerning agricultural workers and domestic workers 
  • When minimum wage hikes take effect over the next 6 years—and how much the state’s minimum wage is expected to rise annually 
  • How much the minimum salary threshold for exempt employees is rising between January 1, 2017 and January 1, 2022 
  • How employers across the state are being impacted by local minimum wage ordinances 
  • Best practices for complying with meal-and-rest break, travel time, written commission agreement, wage information for new hires, and final paycheck requirements 
  • Permissible wage deductions, expense reimbursements, and requirements concerning itemized wage statements under AB 2535—and the penalties you can face for non-compliance 
  • Prohibitions on “use it or lose it” vacation policies 
  • Plus, the most common California wage-and-hour tripwires to avoid 

Traps for the Unwary

You’ll learn: 

  • Independent misclassification pitfalls and penalties 
  • A comprehensive list of California Labor Code employee protections 
  • Newly expanded California whistleblower laws 
  • Beat practices for managing personnel files 
  • Limits on criminal background checks and drug and alcohol testing 
  • Recently passed paid sick leave ordinances in places like San Francisco, Oakland, Los Angeles—and what’s in store in Santa Monica, which has an ordinance in effect as of January 1, 2017 
  • Recommendations for handling requests for accommodation by transgender employees 

Case Developments and Other New Employment Legislation

You’ll learn: 

  • The impact of recently decided state and federal cases on your workplace policies and practices concerning issues such as meal and rest breaks, disability accommodation and the interactive process, arbitration 
  • A list of 20 new employment laws impacting California workplaces 

About Your Presenters:

Mark SchickmanMark Schickman, Esq.
Freeland, Cooper, and Foreman, LLP

Mark Schickman received his Bachelor of Arts and Juris Doctorate degrees from Columbia University, where he was a Harlan Fiske Stone Scholar and the recipient of Columbia’s Whitney North Seymour Medal for Distinguished Trial Advocacy. He has held numerous elected bar positions, including service as President of the Bar Association of San Francisco, and Governor of the State Bar of California. He is the immediate past chair of California’s Judicial Nominees Evaluation Commission. For the past 30 years, Mr. Schickman has concentrated on employment and labor law, litigating every type of employment matter and providing advice in avoiding liability for discrimination, harassment, wrongful termination, union related charges and all other aspects of the employment relationship. He is a member of the American Arbitration Association’s select panel of employment arbitrators, a member of the Board of Governors of the American Bar Association and is the Editor of the California Employment Law Letter

Cathleen YonaharaCathleen S. Yonahara, Esq.
Freeland, Cooper, and Foreman, LLP

Cathleen Yonahara received her law degree from the University of California, Hastings College of Law in 1999. She concentrates her practice on labor and employment law, including Title VII, FEHA, ADA, ADEA, FMLA, CFRA, and the California Labor Code. Ms. Yonahara has represented clients before federal and state courts, the EEOC, the DFEH, the California Labor Commissioner and other government agencies. Her employment litigation practice includes claims of discrimination, harassment, failure to accommodate, retaliation, wrongful termination, unfair competition, wage and hour violations, and breach of contract. Ms. Yonahara’s practice also includes counseling clients on all aspects of the employment relationship from hiring to termination. She is an experienced speaker on labor and employment law matters, such as complying with California employment laws, preventing sexual harassment, legally managing leaves of absences, and wage and hour compliance. Ms. Yonahara is also the Assistant Editor of the California Employment Law Letter

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