Keeping up with federal employment laws is relatively straightforward, but state law is another matter — especially when that state is California.
As you well know by now, there are many areas in which California law differs from federal — and nearly all of those differences work in employees’ favor. You should always be on the lookout for the following:
Different Coverage Rules
- Size of employer. Many California laws apply to smaller organizations than their federal counterparts — such as the state Fair Employment and Housing Act, which covers smaller employers (5 or more employees) than the federal Americans with Disabilities Act (15 or more employees) does.
- Additional protected employee classifications. Sexual orientation and gender identity, for example, are protected by California law.
Expanded Rights
One key example is in the area of protected leaves of absence. The California Family Rights Act provides benefits to employees above and beyond what are granted by the federal Family and Medical Leave Act.
Join us for the 6th annual California Employment Law Update conference this fall! Register before the end of May and save $100.
There are also many key differences in the wage/hour arena. For example, “use it or lose it” vacation policies are perfectly legal under federal law (but not in California), and federal law does not regulate meal or rest periods (don’t you only wish that were the case in California!).
How to protect yourself? Camille Olson of law firm Seyfarth Shaw, LLP offers the following recommendations:
- Don’t forget to check federal, state, and other laws when preparing policies and procedures, or before taking action against an employee.
- Be especially careful of other jurisdiction laws, such as local laws.
- Be sure that you are applying all applicable jurisdictions’ laws in each case.
- Think through which laws take precedence.
Now, that’s all well and good, but where are you going to find out the nit-picky details of all of these various laws?
At the California Employment Law Update conference, of course.
Now taking registrations for its 6th acclaimed year, the California Employment Law Update conference is widely recognized as the leading California-specific employment law conference for forward-thinking Human Resources professionals, executives, and in-house counsel.
Join us at the beautiful Claremont in Berkeley for our all-new program — specifically designed for California employers — with practical guidance for overcoming the latest management challenges.
In just two days, you’ll learn how to protect your organization from lawsuits and penalties and how to create effective, legally sound workplace policies.
2011 Conference Highlights:
Employment Law Updates & Compliance Guidance
Expert legal advice for what you should do when the government comes knocking on your front door in search of workplace violations.
- The turbulent job market is fueling more job bias claims, and the EEOC and DFEH are busier than ever (with the EEOC collecting over a record $400 million in employer fines). Learn what it takes to stay to steps ahead of the Obama Administration’s steely enforcement resolve.
- The DOL’s Wage & Hour Division has a $244 million hyper-aggressive enforcement budget that has more agents looking into employee misclassification and other wage/hour violations. Are you prepared?
- The NRLB continues to flex its pro-labor muscles and is expanding its scope into companies’ social media activities. Are you on their enforcement list?
- The OFCCP’s full-throated enforcement priorities include more on-site reviews of government contractors’ employment practices, recovering over $67 million for unlawful discrimination claims. Find out whether your organization is immune from the agency’s increased spot inspections.
- The continuing uncertainty about the definition of “meals” and “breaks” has opened thousands of California employers up to potentially devastating wage/hour class actions. Could you be one of them?
- CONFERENCE BONUS: Get an up-to-the minute compliance update on the healthcare reform saga and what it means for your future employee benefits plans.
FMLA/CFRA Compliance Guidance
Get prepared for a new set of employee leave challenges.
- Up-to-the minute information for complying with the latest FMLA/CFRA changes and court interpretations.
- Complying with FMLA/CFRA’s maelstrom of paperwork requirements has never been more challenging. Find out how to manage the leave laws’ documentation compliance rules instead of them managing you.
- Learn how to successfully manage intermittent leaves and rein in potential abuses — without opening yourself up to legal liability
- Find out what you can request in terms of medical certifications — and how to get the information you need from less-than-cooperative providers
- Best practices for handling tricky return-to-work issues (including what happens when an employee has exhausted his or her leave but isn’t ready to come back to work)
Harassment, Bullying, & Retaliation Compliance Guidance
Keep workplace morale up and lawsuits down.
- The latest changes in federal law that make it easier for your workers to claim you’ve retaliated against them
- Your training obligations under A.B. 1825 — are you in compliance with all of the nit-picky requirements?
- How to comply with the January 2011 U.S. Supreme Court ruling that’s expanded the scope of workplace retaliation claims (in favor of your employees)
- Tactics to make even the most aggressive bullies step back and get in line
- The policies and training you should implement now to head off harassment, retaliation, and bullying problems before they take root in your workplace
- How to discipline employees effectively after they’ve filed a complaint, without crossing the line into retaliatory behavior
Plus, if you register before the end of May, you’ll receive $100 off your registration!
Download your free copy of How To Survive an Employee Lawsuit: 10 Tips for Success today!
If you’ve never been to the Claremont before, you’re in for a treat. It’s a gorgeous, historic resort with incredible views and wonderful amenities. We’re thrilled to be hosting the conference there again this year.
If you’ve never been to the Claremont before, you’re in for a treat. It’s a gorgeous, historic resort with incredible views and wonderful amenities. We’re thrilled to be hosting the conference there again this year.