Articles Posted in Employment

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AdobeStock_189991100-300x200In 2018, lawmakers in California extended sexual harassment training requirements to employers who employ five or more employees and required such training for both supervisors and non-supervisors. When the law passed, the original deadline to complete anti-harassment training was set to January 1, 2020.

However, in 2019, California extended the deadline for initial compliance to January 1, 2021. Under the sexual harassment training requirements, covered employers (companies with at least five employees) must provide:

  • One hour of training to non-supervisory employees; and
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AdobeStock_422347465-300x151In recent years, California lawmakers have strengthened the state’s labor laws to increase workplace diversity. Employers must keep up with the ever-changing laws to ensure that they are fostering a diverse and inclusive workplace.

California’s latest measures aimed at increasing diversity in the workplace are Assembly Bill 979 and Senate Bill 973, which took effect on January 1, 2021. The two bills are legislators’ latest efforts to increase workplace diversity by requiring more diversity in corporate boardrooms (AB 979) and imposing new pay data reporting requirements based on employees’ gender, race, and ethnicity.

Diversity Requirements for Public Company Boards in California (AB 979)

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Employers’ non-compliance with meal and rest break requirements accounts for a large percentage of civil litigation and Labor Commissioner disputes between employees and employers in California.

It is critical for employers to understand California’s meal and rest break requirements to ensure compliance with these laws and avoid potential litigation. If you are not sure whether or not you comply with the requirements for mandatory breaks, consider speaking with a lawyer.

What Are the Meal Break Requirements in California?

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AdobeStock_333504091-300x200One of the many changes brought by the COVID-19 pandemic was the work-from-home shift. As millions of workers across the nation had to switch to remote work during the pandemic, many employers wonder, “How does working from home affect the productivity of employees?”

The impact that remote work has on workers’ productivity levels is a controversial topic. While some employees believe that they are more productive when working from home, others believe that their productivity decreased because they switched to remote work.

Since an increasing number of employees are working from home nowadays, more employers want to keep an eye on their work-from-home employees through the use of remote monitoring technologies.

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AdobeStock_429521227-300x212After California has fully reopened its economy on June 15, 2021, many California employers and employees alike have been wondering, “Can an employer compel its workforce to get vaccinated prior to returning to work?”

The short answer is, “Yes.” An increasing number of companies in California have mandated vaccination policies for their employees. Under federal and California state law, employers can require all or some of their employees to be vaccinated in order to return to work.

Under the Fair Employment and Housing Act (FEHA), employers are allowed to mandate vaccinations against COVID-19 as long as the decision to require an employee to be vaccinated harasses or discriminates against the employee. Employers should also keep in mind that they are required to provide reasonable accommodations related to employees’ disabilities and religious beliefs.

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AdobeStock_252112056-300x200Changes to the California Family Rights Act (CFRA) took effect on January 1, 2021, after the passage of Senate Bill 1383. The expansion of the CFRA has brought significant changes to employers and employees in California.

Below, we will summarize everything California employers should be aware of to ensure compliance with the CFRA expansion.

SB 1383: Sweeping Changes to the California Family Rights Act

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AdobeStock_423161698-300x200Running a business is complicated in the COVID era, especially if you run a business in California. After California reopened its economy in June 2021, employers have had to make sure they comply with all applicable state laws, local ordinances, and rules to stay open and avoid hefty fines.

Below we have highlighted some of the most significant COVID-related employment laws that apply to businesses and employers in California in 2021.

AB 685: COVID Reporting Requirements

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AdobeStock_360784031-300x200Registration of securities is a legal requirement that costs investment funds time and money. It is important to stay compliant with all applicable securities laws, so if registration is not financially or logistically feasible, be sure that you have a recognized exemption from the registration requirement. These exempt offerings are designated as “EB-5” under United States securities laws. EB-5 is also a designation used for the visa a foreign investor must obtain in order to invest in an EB-5 fund. EB-5 investments are also called private placements or unregistered offerings. Learn more about some of the common legal issues that arise with EB-5 offerings, as well as how investors and offering companies can protect themselves from financial and legal liabilities in relation to them.

Relying On Exemptions From Registration From Securities Laws

SEC Rules 504, 505, and 506 establish exemptions from the registration requirement for certain securities. These rules specify how much equity may be sold by an offering entity in a twelve-month period, how much money may be raised, and whether the investors must be accredited in order to maintain the offering’s eligibility for exemption from the registration requirement. These rules also specify the manner of advertising that may be used for the offering. Each of these rules provides specific legal guidelines that must be met exactly. Failure to meet the exemption requirements can subject a business to fines, penalties, legal liability, and administrative requirements (such as limits of offering securities in the future).

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AdobeStock_280928050-300x200As with every new year, 2021 has brought changes to the law that can affect your business. California business owners must stay up to date on the legal changes that can affect their liabilities. The experienced business attorneys at Structure Law Group are here to help you understand all potential liabilities your business could face and develop an effective strategy for mitigating these risks.

New Code of Civil Procedure Statutes Enacted For 2021

The Code of Civil Procedure has been amended to include three new specific sections related to the discovery process. Section 2031.280(a) of the Code of Civil Procedure is amended so that parties responding to an inspection demand may no longer produce documents “as they are kept in the usual course of business.”  Instead, when produced, the documents “shall be identified with the specific request number to which the documents respond.” This can add extensive administrative labor to reorganize documents and produce them as requested.

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AdobeStock_392831851-300x200COVID-19 has created significant issues when it comes to workplace safety, and lawmakers are racing to implement rules based on changing circumstances of the pandemic while attempting to balance the interests of employers and employees. While Congress has engaged in protracted and fierce debate over economic relief packages, state and federal agencies have been much quicker to act on safety rules –  and to enact the emergency authority necessary to enforce these rules. Employers in California must be aware of these rules and the immediate actions they require. Here are some of the most basic safety rules that have been enacted to protect California employees from the spread of the coronavirus in the workplace:

What the New Rules Require

Cal/OSHA has adopted emergency rules that require employers to protect their employees from the transmission of COVID-19 in the workplace. These rules require employers to:

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