Federal & State Legal Updates for CA Businesses
Federal Legislative Updates
Federal – Office of Federal Contract Compliance Programs Releases Compliance Assistance Guides
The Department of Labor's Office of Federal Contract Compliance Programs released new
compliance assistance guides to help federal contractors understand their responsibilities and rights. The agency notes: "We are aware that there are private websites selling the Federal Contract Compliance Manual and technical assistance guides that OFCCP makes available free of charge. OFCCP cannot guarantee that these "for sale" versions found on private sites are current or accurate."
EEOC - EEO-1 Employer Resources Released
The EEOC released
resources for employers regarding Component 2 filing of the EEO-1 Report. These resources include a sample form, an instruction booklet, a fact sheet, FAQs, and reference documents. The Component 2 EEO-1 Report filing period begins July 15, 2019 and covered employers must submit and certify 2017 and 2018 Component 2 compensation data by
September 30, 2019.
- What’s New in California? -
California Updates
SB 83 extends the paid family leave benefits-eligible employees may receive under the State Disability Insurance Program from six to eight weeks' maximum. The extended paid leave benefits begin
July 1, 2020 for covered employees and
July 1, 2021 for active duty military members, spouses, and family members. The legislation also requires the governor to propose, by
November 2019, further expansion – in terms of duration and amount of benefits – and job protections for individuals receiving PFL benefits.
SB 188 was signed into law and expands the definition of race as a protected characteristic under the California Fair Employment and Housing Act (FEHA) to include traits historically associated with race, including, but not limited to, hair texture and protective hairstyles. The FEHA makes it unlawful for employers to engage in discriminatory practices such as hiring, promotion, and termination based on protected characteristics. The law is effective
January 1, 2020.
The Fair Employment and Housing Council have issued
final regulations that, in part, clarify the definition of "employer" to confirm statutory definitions and remove gaps in the application of the CA Fair Employment and Housing Act to newly established employers. This rulemaking action also clarifies existing harassment prevention training requirements. The effective date of the regulations is
October 1, 2019.
Workplace Post-Accident Investigation
When an employee injury occurs, after contacting your State or Federal OSHA as required, it is imperative to investigate all factors that lead to the incident. All incidents should be investigated no matter how minor the injury.
By finding out exactly what happened and why internal processes can be changed to help ensure a similar incident will not occur again.
The investigation should start with securing the scene of the situation and any witnesses of the incident. Of course, the main information to gather is what exactly happened. Other questions to ask may include:
- What was the date and time of the incident?
- What was the employee doing at the time of the incident?
- Was the employee wearing proper protective equipment?
- Did the employee follow the proper procedure at the time of the incident?
- What were other workers doing at the time of the incident? Did anyone see the incident occur? (If so, get written statements from those witnesses)
- Did the injured employee receive proper training prior to being injured?
- Where was the exact location of the incident? What was the physical condition of the area at the time of the incident?
- What corrective actions could have prevented the incident from occurring?
- Had corrective actions been recommended in the past?
- Do current procedures need to be changed?
- Does additional training need to be conducted?
- Does a review of PPE needs to be conducted to see if alternative and/or additional PPE is required?
When conducting investigative interviews with employees, reiterate that the purpose of the investigation is not to find fault with anyone, but rather to uncover facts that will assist in reducing injuries in the future.
Once the investigation is complete, it is time to determine if any corrective actions should be made such as procedural changes, changes to personal protective equipment, or additional training. If corrective action is taken, document the nature of the action, the date it was taken, and who is responsible for implementing.
A proper investigation will not only assist in the reduction of accidents but will also show your employees that we care about them and their safety.
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