On-Call Rest Periods

California employers are required to provide rest periods that are completely uninterrupted. Non-exempt employees are allotted a paid, 10-minute rest break every four hours worked. What are the consequences and tips to enforce this?

Office Holiday Party

With the Office Christmas Party film releasing, it’s a great reminder of what precautions to take so that your annual holiday party does not turn into a legal and logistical nightmare. Here are some tips on things to consider to plan a fun and safe holiday party!

Tips on Celebrating Halloween at Work

1. Set Guidelines

Prior to the celebration, a company-wide email should be sent out to determine what guidelines are appropriate for costumes. Costumes that may be considered inappropriate, sexually or racially offensive, or dangerous are prohibited.  Costumes that are offensive due to age, sex, sexual orientation, ethnicity, religion, national origin, race, or any other protected class is also not allowed. 

2. Make Accommodations

Companies should allow employees whose religious beliefs take issue with Halloween. Employees should be notified that accommodations will be made for employees because of a conflicting religious belief. Employers should make their Halloween themed events optional instead of mandatory as some people do not celebrate Halloween.

3. Plan Creative Events

Costume Party     

Costume parties may be common, but change it up with the different awards. Notifying everyone in advance on rewards and prizes encourages higher participation. Possible awards can include: best costume, most creative costume, most punny, most likely to give a nightmare, etc. Be sure to block out time for voting so that everyone can see all the costumes as well.

Decorations

While employers should invest in some decorations to make their office festive, having a “Design the Best Cubicle!” contest is a great way for employees to get involved. Suggest everyone pick a theme like a crime screen and decorate from there.

Halloween Lunch

Whether it is a potluck or catered meal, bring everyone together with food! Set aside time for your team to bond instead of just bringing back food to an employee’s work station. Filling up on pumpkin assortments is highly encouraged!

Pumpkin Carving

Towards the end of the day, have a pumpkin carving contest to wind down! You can invite children of employees if they are interested too. And after handing out some awards the employees have a carved pumpkin to take home too!

 

It’s Time…for Flu Vaccinations!

As the flu season rolls around, it’s time for flu shots!

How should employers respond to the flu? It is in an employer’s best interest to provide a flu vaccination clinic to their employees and promote flu vaccination in the community. These strategies result in less absenteeism in the workplace and a more focused team. Below are some tips on how to effectively combat the flu season!

Hosting a Flu Vaccination Clinic at Work

  • Employers offering onsite flu vaccination provides employees with a convenient option to get vaccinated
  • Pharmacies and community vaccinators can be contracted to come to the company and provide vaccinations

  • Ask managers to allow employees to visit the on-site flu vaccination clinic

  • Send out company-wide emails as reminders to atten

Promoting Flu Vaccination in the Community

  •       Post flyers and posters around the workplace as reminders for vaccinations in high traffic areas like break rooms and cafeterias
  •       Remind employees and their families to get season flu shots. If children are healthier, parents are more likely to be able to attend work
  •       Allow time for employees to take an hour or two to get flu vaccinations

A Guide For Employers: Stalking

Stalking in the workplace can occur from a victim of stalking inside and outside the workplace. Below are some guidelines to consider to help accommodate a victim of stalking.

The Interactive Process

What do you do if an employee reports a disability? The first step is to begin the interactive process in a timely manner. The interactive process must start when an employee request an accommodation or the need for an accommodation is apparent. Below are some tips for an effective interactive process.

Pregnancy Disability Leave

In the state of California, employers with five or more employees are required to provide pregnant employees up to four months of job-protected pregnancy disability leave. The employee cannot be subject to termination simply because she used pregnancy disability leave “PDL”. Some exceptions apply such as if the company planned to have a layoff regardless if the employee took time off or not. The employer is required to reinstate the employee to the job she held before PDL started.

Who is eligible for PDL? All employees who work for covered employers are eligible upon hire. PDL can be used for any time the eligible employee is disabled by pregnancy, childbirth, or a related medical condition.  Employers are required to post posters and include a PDL policy in the employee handbook.

PDL can run concurrently with the federal Family Medical Leave Act (FMLA) but not with the California Family Rights Act (CFRA).

Once and employee exhausts PDL an employee can apply for Paid Family Leave “PFL” which runs concurrent with CFRA (if organization has more than 50 employees. PFL is paid leave up to six weeks after disability runs out that can be used to bond with a new baby

If an organization has more than 50 employees, after the max of four months of PDL, an employee can take up to 12 weeks of CFRA leave (potentially 6 weeks paid under PFL) for bonding with the child. This must be taken immediately after PDL ends or within a year of childbirth. Employees are eligible for FMLA and CFRA if their organization has more than 50 employees, they have worked for  a total of one year of employment and worked more than 1,250 hours during the 12 months. The time off work on a leave still counts towards an employee’s one year of employment. The Americans with Disabilities Act (ADA) is not applicable to pregnant employees because the time off request relates to the care of a child.