HR News

05.30.24

UPDATE: Healthcare Minimum Wage Increase Delayed to July 1

HR NEWS
UPDATE: Healthcare Minimum Wage Increase Delayed to July 1

California Senate Bill 525, passed at the end of 2023, mandated minimum wage increases for most healthcare employees, set to begin this Saturday, June 1. The increases are staggering, and there has been discussion of delaying the implementation of these increases until July 1. As reported today by state capitol reporter Eytan Wallace, Senate Bill 828, the bill to enforce that delay, passed the Senate just this morning. Governor Newsom is expected to sign it.
One month is not a significant delay for a bill that eventually increases healthcare minimum wages to $25, as early as 2026 for some organizations. The delay will afford the state time to address the serious budget issues created by these increases, but it’s unclear what, if anything, would be adjusted for private employers.
SB 525 is complex. Healthcare employers are encouraged to consult with employment counsel or seek advice from professional associations for clarity on its application and possible exemptions.

05.14.24

Workplace Violence Prevention Programs – Due July 1, 2024

HR Headliner

Workplace Violence Prevention Programs Due July 1, 2024
According to the Occupational Safety and Health Administration (OSHA), workplace violence is the second leading cause of fatal occupational injuries in the United States, affecting nearly 2 million American workers annually. Governor Newsom signed SB 553 as a step in addressing workplace violence by requiring employers to implement and maintain protections for employees while at work.
Workplace violence is defined as any act or threat of violence occurring in a workplace. It includes physical force leading to injury or trauma, incidents involving firearms or weapons, and various types of violence (categorized under Labor Code section 6401.9.)
Effective July 1, 2024, the majority of employers in California must implement or enhance their Violence Prevention Plan to be sure it includes the following:
  • The names of persons responsible for implementing the Workplace Violence Prevention Plan (WVPP)
  • Effective procedures for employee involvement in developing and implementing the plan.
  • Procedures for the employer to handle and respond to reports of workplace violence.
  • Prohibitions against employee retaliation.
  • Accepting and responding to reports of workplace violence.
  • Employee workplace violence training and communication.
  • Procedures to ensure compliance from employees, including supervisors.
  • Emergency response procedures.
  • Workplace violence hazard assessments.
  • A Violent Incident Log  – which must include information on every workplace violence incident, even if the incident did not result in injury – and must be maintained for a minimum of five years.
SB 553 provides limited exceptions to this requirement including places of employment with fewer than ten employees that are not accessible to the public, and employees teleworking from a location of their choice which is not under the control of the employer. We recommend seeking legal guidance if you believe your company may be exempt from developing a WVPP.
The WVPP must be specific to the hazards and corrective measures for each work area and operation. There are also specific training requirements that employers must provide to employees using materials that are ‘easy to understand and match the workers’ education, reading skills, and language’.  This training is required initially upon plan roll-out, and annually thereafter. 
We know – it’s a lot!  But Sierra HR Partners is here to help. Please reach out to one of our certified consultants at consultants@sierrahr.com, or call us at 559.431.8090 to request your customized Workplace Violence Prevention Plan as soon as possible to be ready ahead of the July 1st deadline.

04.05.24

Employer’s Emergency Storm Reminders

HR Bulletin

Employer’s Emergency Storm Reminders

Thunder, rain and lightning are quickly moving back into the Central Valley today.  If you haven’t already done so, we recommend employers have an adequate emergency action plan, as required by Cal/OSHA.

This planning may include:

  • Keeping any generators outdoors rather than indoors for proper ventilation, and ensure they are properly grounded.
  • Having some emergency back-up power to illuminate the exit signs and pathway.
  • In case of a power outage, shut off any electrically powered equipment that was operating when the power went out.
  • All powered doors must be able to be opened manually in the event of a power failure.

What about paying employees if I send them home?

If the power goes out and we send employees home since there is no work to complete or proper lighting to work, do I have to pay Reporting Time Pay (1/2 of normally-scheduled shift) or pay them for the rest of the day?

No. Reporting time pay does NOT apply when:

  • Public utilities fail, such as water, gas, electricity or sewer.
  • Work is interrupted by an ‘act of God’ or other causes not within the employer’s control

Stay safe and dry!  Call us at Sierra HR Partners if we can assist you.  559.431.8090.

 


02.23.24

7-Habits of Highly Effective People – 3 Series Workshop

training


01.18.24

Withdrawing a Job Offer After a Background Investigation: Completing Individual Assessments

HR NEWS

As a valued Sierra HR client, we want to be sure you are aware of the October 2023 amendments to the Fair Employment and Housing Act (FEHA) regulations, and how these changes impact an employers’ utilization of information about criminal history in employment decisions. These changes, as outlined in California Code of Regulations Title 2, Section 11017.1, introduced additional procedures that should be carefully followed by California employers when considering criminal history in decisions related to job applicants, or existing employees.

One specific area of concern is the need to complete an Individual Assessment, before an employer decides to deny an applicant the employment position he/she was conditionally offered, based on conviction history.

The employer should consider any evidence of mitigating circumstances submitted by the applicant, including:

  • The personal conduct of the applicant
  • Whether there was harm to property or people
  • Degree of harm
  • Permanence of harm
  • Context of the offense
  • Whether a disability (including substance impairment) contributed
  • Whether the likelihood of harm could be eliminated by reasonable accommodation
  • Whether the disability has been eliminated
  • Whether trauma, domestic abuse, stalking, or similar factors contributed to the conduct
  • The age of the applicant
  • The time that passed since incarceration
  • Specific job duties
  • Whether the context resulting in conviction is likely to arise in the workplace
  • Whether the type of harm is likely to occur in the workplace.

Additionally, final decisions to rescind an offer should be communicated in writing, including information on available procedures to challenge the decision and the right to file a complaint with the California Civil Rights Department.

Sounds complicated, right?

Our role at Sierra HR Partners is to guide you through this process. To simplify matters, we have created an Individualized Assessment form. This form is designed to provide you with a step-by-step guide in complying with new California legislation when deciding to withdraw a job offer based on background check findings.

Contact Sierra HR Partners for a copy of our Individualized Assessment Form or to learn more about our Background Investigations. 

backgrounds@sierrahr.com – 559.431.8090


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