Clarification on the “Day of Rest” Requirement for California Employers

Employees in California must receive at least one day off per week (“day of rest”) under California labor law.  This is not a new requirement, however the California Supreme Court recently clarified how the “day of rest” rule applies.

The court stated that employers must allow a day of rest in each workweek. The workweek is defined by each employer, generally in the Employee Handbook. The rule doesn’t indicate that the employee receives at least one day off in any seven day period. So, for example, if an employer has a workweek defined as Sunday through Saturday, an employee could have Tuesday off one week and then Friday off the following week. This means the employee would be working nine days in a row, but the employer is still in compliance with the day of rest requirement because the employee is getting one day off in each workweek.  Continue reading

CA Employers: New Requirements When Using Criminal History in Employment Decisions

Employers in California who use criminal background checks to make business decisions (such as hiring, promoting or terminating) will soon be faced with additional rules. Effective July 1, 2017, the California Department of Fair Employment and Housing (FEHC) will impose new restrictions as described below.

While California employers will still be permitted to consider criminal information when making employment related decisions, they should be sure that a business-related need exists to use this information.  Continue reading

California Adopts Strongest Standard for Workplace Violence Prevention for Healthcare Employees

Studies show that health care workers are at a significantly higher risk of workplace violence than the average worker in other industries.   The Federal Occupational Safety and Health Administration (OSHA), reports from 2002-2013, the rate of serious workplace violence incidents (who require days off for an injured worker to recuperate) was more than four times greater in the health care industry than in the private industry on average.

In October of 2016, the California Occupational Safety and Health Standards Board (Standards Board) unanimously accepted a new General Industry Order entitled “Workplace Prevention in Health Care”.  The Office of Administrative Law approved the standard in December of 2016, and is codified at Section 3342 of Title 8 of the California Code of Regulations.   The rule is far more extensive than the Federal OSHA’s guidelines for the prevention of workplace violence in health care settings.

Beginning April 1, 2017 all employers in California operating in the following health care areas will be required to comply with Section 3342, the “Workplace Prevention in Health Care” rule:

  • Health Care facilities
  • Home Health Care Programs
  • Drug Treatment Programs
  • Emergency Medical Services
  • Outpatient Medical Services to Correctional and Detention Settings

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San Francisco: Updated Paid Sick Leave Effective January 1, 2017

San Francisco is ugolden-gate-bridge-388917_1920pdating their paid sick leave law, first enacted in 2007. The new changes will go into effect on January 1, 2017. Prior to January 1, 2017, employers should continue to follow the existing paid sick leave ordinance (click here to read the original ordinance). As a brief overview, the current law requires all employers to provide paid sick leave to all employees, including part time and temporary employees, who work in San Francisco. This leave can be used for an employee’s illness, injury or to receive medical treatment or to assist a family member or other designated person who is ill, injured or receiving medical treatment.

Employees in San Francisco currently begin accruing sick leave after 90 days of employment and can accrue up to 72 hours of paid sick leave. Employers with less than ten employees (including full time, part time and temporary employees), have a reduced maximum accrual of 40 hours of paid sick leave. Continue reading

California Minimum Wage to Increase to $15

California Governor Jerry Brown recently signed Senate Bill 3 which will gradually increase California’s minimum wage from $10 to $15 by January 1, 2022.

For employers with 26 or more employees, the California minimum wage will increase based on the following schedule: Continue reading

California Employers Required to Provide Paid Sick Leave

bridge-622840_1280California’s Governor Jerry Brown signed into law the “Healthy Workplaces, Healthy Families Act of 2014” on September 10, 2014.

This law requires all California employers to provide at least three paid days of sick leave to their employees each year.  This law does not include an exemption for small employers.

Continue reading