07.09.26
Culture is a Compliance Tool
HR Headliner
Culture is a Compliance Tool
Part 1: Setting the Tone for a Professional Workplace
It’s a very common issue presented to the Consultants at Sierra HR: Two employees haven’t been getting along. They gossip about each other and don’t respect each other’s work. Managers tried to stay out of it, but tensions finally boiled over into complaints of retaliation and a hostile work environment. Now the company is worried about a lawsuit and everyone is walking on eggshells.
The client asks, “What do we do?!?”
The response we wish we could give: “Go back in time and set the tone for a more positive company culture.”
When employers think about workplace culture, they often picture team lunches, employee recognition programs, and other morale boosters. While those things can contribute to a positive work environment, the foundation of a healthy workplace is much simpler: employees who treat each other with professionalism, courtesy, and respect. At Sierra HR, we believe that foundation is also one of the best ways to reduce legal risk.
Workplace conflicts and hostile work environment complaints rarely begin with major disagreements. More often, they start with small misunderstandings and poor communication. An offhand comment, an unmet expectation, or frustration over a coworker’s work habits can quickly turn into gossip and strained working relationships if concerns aren’t addressed appropriately.
That’s why employers should make expectations for professional conduct just as clear as those for attendance and job performance. Job descriptions, company policies, and onboarding discussions should establish guidelines for respectful communication, assuming positive intent when appropriate, and addressing work-related concerns directly with the right people. Employers should also discourage gossip and conversations that speculate about coworkers’ motives, criticize others behind their backs, or encourage taking sides in workplace disagreements.
Managers play an essential role by encouraging employees to address misunderstandings early. Many issues can be resolved through a brief, respectful conversation before frustration and defensiveness take hold. When employees can’t resolve a concern themselves, they should know when and how to involve a supervisor.
And don’t forget, leaders should model the behavior they expect. Employees notice how managers communicate, handle conflict, and speak about coworkers. Professional, consistent leadership reinforces trust and sets the standard for the rest of the organization.
Creating a respectful workplace doesn’t mean eliminating disagreement. Healthy teams will have different opinions and approaches. The goal is to keep those disagreements productive, respectful, and focused on the work rather than personalities.
Workplace culture isn’t created through slogans posted on a breakroom wall. It is built through clear expectations, respectful communication, and consistent leadership. When employers establish those expectations early and reinforce them every day, they create a workplace that supports employees, strengthens the business, and helps prevent small conflicts from becoming costly legal problems.
04.07.26
More HR Wisdom from Hollywood Drama
HR Headliner
What We Can Learn From the Blake Lively/Justin Baldoni Saga
In January 2025, when news was breaking about Blake Lively’s sexual harassment lawsuit against Justin Baldoni, we saw an important lesson for HR managers about navigating the resignation of potentially toxic employees. The latest twist in this Hollywood legal drama prompts a refresher lesson in avoiding retaliation complaints.
A Brief History of the Case(s)
In December 2024, Blake Lively filed a lawsuit accusing Justin Baldoni of sexual harassment during the filming of It Ends With Us, a movie in which both of them starred and Baldoni directed. She also accused him of orchestrating a public smear campaign in retaliation for raising concerns about a hostile work environment on the set. Baldoni denied all allegations and filed a countersuit for defamation and extortion, which was dismissed in June 2025. The legal battle continued with both sides presenting witness depositions and text messages to support their positions, with failed attempts to mediate and settle the claims. Then on April 3, 2026, a federal judge dismissed 10 out of 13 of Lively’s claims, including sexual harassment and defamation. The remaining claims, which are expected to proceed to trial in May, involve retaliation, breach of contract, and aiding and abetting retaliation.
The HR Lesson
The current status of this drama serves as a reminder that California law protects employees from retaliation even if their original complaint is not deemed to be valid. Retaliation may be found when there is a nexus, or a causal link, between an employee’s protected activity and a negative employment action. For example, if an employee who makes a complaint about harassment (or workplace safety, or wages, or being denied a leave of absence… the list goes on) receives an unexpectedly critical performance review, he/she could easily perceive the low scores to be retaliatory. Layoff, demotion, changed responsibilities or work schedule, and even being “given the cold shoulder” by management could be considered retaliation when they occur in close proximity in time to a legally-protected activity. And even if the employee’s complaint is investigated and found to be unsubstantiated, the company’s actions following that complaint could lead to significant legal risk.
How to Minimize Risk
So does an employee who makes a workplace complaint now live in a protected bubble with no accountability for performance? No! The law says an employee cannot be treated differently than others due to exercising his/her rights, but it does not create a shield from appropriate consequences. Employers can proceed with caution, keeping the following important points in mind:
Consistency is Key! When employees understand the company’s expectations and managers provide ongoing performance feedback, disciplinary actions should not take employees by surprise. Employers can maintain consistent performance management practices to earn employees’ trust and show that everyone is being held to the same standards and given fair warnings and opportunities to improve.
Maintain Professional Boundaries. It may be perfectly natural for a manager to pull back from socializing with an employee, whether out of personal frustration or fear of making the situation worse, when a workplace complaint starts to brew. But this change in temperature can become fuel in an employee’s retaliation complaint, depicted as being excluded from office conversations or left out of department decision making. While it’s great to have friendly working relationships with staff, managers should maintain enough professional distance that workplace interactions don’t require an abrupt about-face when a challenge develops.
Document, Document, Document. You needed to eliminate that employee’s position three months after receiving a hostile work environment complaint? The job was restructured to a part time schedule while the employee was out on leave for a workplace injury? If you don’t have detailed documentation to support changes like these, a retaliation complaint may be right around the corner. Smart managers keep notes about verbal warnings, deliver effective written warnings, and can present the business-related reasons to support employment decisions.
Seek Legal Counsel. You may be 100% confident that the company’s actions are not retaliatory and have nothing to do with an employee’s recent protected activity, but attorney support is always a wise investment. Before letting the employee go or taking other major actions, allow your attorney to review documentation, assess potential risk, and help you navigate the next steps.
01.29.26
2026 HR Checklist: Steps to Start the New Year Right
HR Headliner
2026 HR Checklist: Steps to Start the New Year Right
Can you believe we’re in the year 2026?! If your business feels anything like ours, it’s already off and running in a big way. Each new year brings new legislation, updated documents, and changing regulations, so HR professionals should ensure that a few important basics are up to date and compliant.
2026 California Minimum Wage
Effective January 1, 2026, the state minimum wage was increased to $16.90 per hour. This also increases the minimum annual salary for an exempt employee to $70,304. Several cities and counties also increased their local minimum wages this year, and a full list is found here.
The minimum wage for fast food employees remains $20.00 per hour, but minimum wages for certain healthcare employees will increase effective June 1, 2026. We recommend checking with legal counsel if you are a healthcare facility and have questions about these requirements.
Provide the New Workplace Know Your Rights Notice by February 1st
California law requires employers to provide a variety of notices to employees, and a new notice deserves special attention. The Workplace Know Your Rights Act document must be given to all employees no later than February 1, 2026 and annually thereafter. This may be in print or via email, but state law requires employers to keep records of compliance (documentation of having provided the notice) for three years, including the date that each notice is provided or sent. Employers must also provide employees with an opportunity to designate an emergency contact who should be notified if the employee is arrested at the worksite.
This form may be downloaded inEnglish and Spanish.
Refresh Your New Hire Kit and Labor Law Posters
New employees must receive several state-required notices, which must also be posted in your workplace for employees’ reference throughout the year. These notices are often updated with new state or federal information, so we recommend refreshing your new hire packets and checklists annually. Earlier this month, Sierra HR provided links to all current new hire notices in English and Spanish.
One of the notices in your New Hire Kit, regardingleave and accommodations for survivors of qualifying acts of violence, must also be provided to all employees annually and upon request. We recommend sending this form along with the Workplace Know Your Rights document each year.
We suggest ordering your Labor Law posters from a trusted source such as theCal Chamber Store or the Labor Law Center. Don’t forget to fill in the information regarding pay days, workers’ compensation, and emergency phone numbers on your new posters!
2026 IRS Standard Rate for Mileage Reimbursement
Effective January 1, 2026, the IRS has increased its standard rate for mileage reimbursement to 72.5 cents per mile for most businesses. Travel in service of charitable organizations may be reimbursed at 14 cents per mile (no change from 2025.) Remember that employees must be reimbursed for expenses necessary for performing their jobs, which includes work-related travel in a personal vehicle (excluding their typical commute to and from work.)
Update Your Employee Handbook
If Sierra HR Partners has prepared your Employee Handbook, our Year In Review policy update program is underway. 2026 brings policy updates regarding bias mitigation training, wage ranges, leave and accommodations for victims of violence, and other topics. We are working hard to get all clients’ handbooks updated, and we appreciate your patience with the process! If you have a specific deadline in mind for distributing the new handbook to your team, or if you have any other questions, please let us know.
If Sierra HR has not prepared your Employee Handbook, this may be a great time for an audit to ensure that your policies are up-to-date with California law and your current company practices. Please contact one of our certified Consultants for more details!
As always, contact one of our certified Consultants if you have questions about any of these topics. We’re here to help!
Consultants@sierrahr.com
559-431-8090
09.04.25
Real Talk, Real Growth: The Case for Honest Feedback
HR Headliner
Real Talk, Real Growth: The Case for Honest Feedback
September 2025
At Sierra HR, we often hear from managers who are frustrated with an employee’s unreliable attendance, or subpar performance, or lack of initiative and motivation. “What should we do?” the manager asks. Our typical follow-up: “What have you done so far? Have you talked with this employee about the problem? What was their response?” And that’s where things tend to go downhill.
For a wide variety of reasons, managers are often apprehensive about taking corrective action. Some managers think that having a “negative” conversation will put a damper on the employee’s morale (“We really don’t want to bum her out.”) Or maybe the employee is dealing with personal problems, and the manager doesn’t want to seem uncaring (“I heard he’s going through a lot at home…”) If feedback is given to an employee at all, it’s often a watered-down or sugar-coated version of the intended message.
But unclear feedback isn’t kind or compassionate. It’s confusing, and can actually prevent the employee from being successful in the job and growing with the company. Sugar-coated feedback allows the employee to continue down a path toward frustration (on both sides), a lack of job satisfaction, and possible termination. As managers, it’s our job to be both kind and clear. We should give direct, actionable information in a way that shows support and preserves the relationship. Consider these examples the next time you’re hesitant to have a tough conversation:
Instead of: “You’re doing great, just a few little things to tweak.”
Say this: “You’ve made strong progress. Let’s look at your job description and talk about two specific areas that still need work.”
_ _ _ _ _
Instead of: “Maybe try to be a bit more proactive?”
Say this: “Moving forward, I need you to take initiative in [specific area], especially when it relates to [cite applicable company values or priorities].
_ _ _ _ _
Instead of: “Just something to keep in mind for next time…”
Say this: “This is a key area of development for your role. Let’s agree on a plan to improve it.”
_ _ _ _ _
Instead of: “Sorry, I just wanted to mention real quick…”
Say this: “I want to bring this to your attention because it’s important for your growth and success in this job.”
Feedback that is clear, direct, and growth-focused shows respect for your employee and gives him/her the best shot at success. It also supports the company’s mission, values, and goals. Good managers can offer compassion and support while also standing firm on the performance expectations of the position. This balance is what leadership is all about.
07.02.25
Form I-9 Reviews
HR NEWS
Form I-9 Reviews
On Tuesday, June 10, the U.S. Immigration and Customs Enforcement agency (ICE) conducted the largest worksite enforcement operation in Nebraska so far this year, detaining 76 people from Glenn Valley Foods in Omaha. In a press release about the operation, ICE suggested more such operations, stating that:
“Worksite enforcement remains a priority for ICE as it seeks to protect the nation’s workforce, eradicate labor trafficking and hold employers accountable for practices that encourage illegal immigration. Employers found in violation of federal hiring laws may face civil penalties and, in some cases, criminal prosecution.”
In southern California, protests that turned into riots over immigration enforcement have led to clashes between local police and federal agents. President Trump’s deployment of the California National Guard was initially blocked by a federal judge, but that order was temporarily overruled by the 9th Circuit Court of Appeals.
State tensions and stories of imminent worksite enforcement operations – Glenn Valley Foods had never seen such an operation before – have left many employers skittish and eager to ensure their compliance with federal I-9 requirements. Yet employers should be careful; mishandling I-9 audits or corrections can lead to legal risk.
Remember these tips:
– I-9 Form expiration dates don’t “expire” a completed form. The “expiration date” at the top of an I-9 form applies to when the form should be replaced with a more current version. It does not signal a requirement for employers complete a new I-9 form for current employees.
– “List B” documents that verify an employee’s identity never need to be reverified. As long as a List B document was unexpired at the time of hire, it does not ever need to be reverified.
– Making corrections is not always simple, and unconfident employers should not do it alone. Sometimes I-9 corrections are as simple as adding in missing information. Often, making corrections is not a simple matter. The I-9 Handbook for Employers can be a helpful resource, as can Sierra HR or your attorney.
You don’t need to audit or correct I-9 forms on your own! Sierra HR Partners can assist you in making compliant corrections where needed, while minimizing legal risk with employees who have already verified their identity and employment eligibility. We can also train your administrative employees on how to complete and audit forms as employees are hired. Join us from 9 am – 10 am on July 10th for a detailed training workshop on the steps for completing Form I-9, inspecting employees’ documents, and properly re-verifying information. Click here to register.
