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New Employment Laws Affecting California Employers – August 2017 Update

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The materials contained herein are for informational purposes only and not for the purpose of providing legal advice. For advice about a particular problem or situation, please contact an attorney.

1 – New Notice Requirements Re Employee’s Sexual Assault / Domestic Violence Leave Rights (Immediate Action Required for employers with 25 or more employees). Effective January 1, 2017, employers with 25 or more employees have had to provide written notice to new employees, and to current employees upon request, of the time off and accommodation rights under Labor Code §§ 230 and 230.1.

Labor Code § 230 and 230.1 require employers to advise employees of the rights of victims of domestic violence, sexual assault, and stalking. These include the right to:

  • Seek medical attention for injuries caused by domestic violence, sexual assault, or stalking.
  • Obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault, or stalking.
  • Obtain psychological counseling related to an experience of domestic violence, sexual assault, or stalking.
  • Participate in safety planning and take other actions to increase safety from future domestic violence, sexual assault, or stalking, including temporary or permanent relocation.

In August 2017, the California Division of Labor Standards Enforcement (DLSE) released a new form for use by employers. Copies of the new form (in English and Spanish) are attached, or may be downloaded from the California Labor Commissioner’s website by following these links: English version, Spanish version.

Employers should note they do not have to use these forms, which also contain information on an employee’s rights to reasonable accommodation, to be free from retaliation and discrimination, and how to make a complaint to the DLSE.

Recommended action: Include such policies in your employee handbook; consider creating a new form and acknowledgement which should be included in your employee personnel files.

 

New Free Tool To Help Draft Job Descriptions

The Law Offices of Douglas M. Wade, PLC has been working with MinuteCreator, Inc. to provide a new tool to help employers draft job descriptions. The tool lets employers search The Bureau of Labor Statistics Standard Occupation Classifications for a job title, and then using the Occupational Information Network (O*Net) lists matching job titles. Users can then click on the search results to preview the job description, and then download the full job deception in MS Word (.docx) file format.

The new free tool can be accessed via this link, or by going to MinuteCreator.biz and clicking on the Job Description Maker link.

Should you have questions about the new Rights of Victims of Domestic Violence, Sexual Assault and Stalking form, job descriptions, or any other workplace law, please contact me at doug@dmwadelaw.com.

The materials contained herein are for informational purposes only and not for the purpose of providing legal advice. For advice about a particular problem or situation, please contact an attorney.

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