Friday, August 19, 2016

Crowd Funding / SB 1175/April 1 Discrimination & Harassment Rules

Yesterday Mark, Lori and I testified  at the Assembly Banking Committee on 2178, Small Business California ‘s Crowd Funding bill. It passed 11 to  1 and now goes to the  Assembly Judiciary Committee.

Small Business California will be sponsoring SB 1175[Mendoza].  This is a common sense bill that will  require medical bills from physicians  be submitted within 12 months of treatment for a workers’ compensation injury. FYI, Medi-Cal has a 6 month limitation during which it will accept medical bills. Medicare has a one year limitation.
SB1175 will provide for greater efficiency and transparency in the payment of a physician’s workers’  compensation  medical billing.

See below another requirement of businesses. Note this is for businesses with 5 or more employees. Thank you Dennis for sending.

Scott Hauge
Small Business California
2311 Taraval Street
San Francisco, CA  94116

Hi Scott –

Everything an employer needs to know and access to what they need is here (article from the CEA April newsletter). Also, for a better understanding, consider signing up for the ½ webinar, link below. It’s free, and I’m going to do it myself.

Feel free  to pass this on…. Based on the number of calls and emails I’m getting a lot of employers aren’t sure what to do.

My best,

New Discrimination & Harassment Rules, April 1


No foolin’, big changes are required for California employers on April 1st! The California Department of Fair Employment and Housing (DFEH) recently revised the Fair Employment and Housing Act (FEHA) regulations to protect more employees.

A Highlight of the Changes:

1. All employers with 5 or more employees are required to have a written anti-harassment, discrimination and retaliation policy which they must give to all employees.

2. Policies must prohibit unlawful harassment, discrimination and retaliation; contain a complaint process that allows employees to lodge a complaint to someone other than a direct supervisor; must state that confidentiality will be maintained throughout the complaint investigation to the extent possible; list all protected groups under the FEHA; tell supervisors to report all complaints to a company representative; and specify that anyone who complains of violations will not suffer retaliation.

3. If more than 10% of the employees in a given location “speak” a language other than English, employers must translate the policy into those languages.

4. Addition and definition of new protected classes of gender expression (a person’s gender-related appearance or behavior, whether or not associated with the person’s sex at birth), gender identity (a person’s identification as male, female, a gender different from the person’s sex at birth, or transgender), sex stereotype (an assumption about a person’s appearance or behavior, or ability or inability to perform certain kinds of work based on a myth, social expectation, or generalization about the individual’s sex), and transgender (a term that refers to a person whose gender identity differs from the person’s sex at birth).

5. Unpaid interns, volunteers and independent contractors are protected by the FEHA.

6. Transgender persons are now included as an eligible female employee disabled by pregnancy.

7. Employers may not discriminate against an applicant or employee because he or she holds or presents a driver’s license that can be issued to undocumented persons.

8. Notice A about employees’ FEHA rights and obligations regarding pregnancy, childbirth, or related medical conditions has been changed (see #4 below).

Employer Checklist:
1. If you don’t have a written policy, you will need to develop one.

2. If you have a written policy, ensure it includes all of the required elements listed above.

3. CEA has developed a new sample policy for your convenience. Use this policy in place of your old policy.

4. Poster Change: The new regulations change the language in the current pregnancy disability leave poster “Your Rights and Obligations as a Pregnant Employee.” Employers must either purchase a new poster or download and print out the amended posting and pin it up next to your 2016 Labor Law Poster.

5. Your new/updated policy must be distributed to all employees, with a signed acknowledgment of receipt, on or before April 1, 2016.
For more information on this topic, See Counsel’s Corner.

Join us for a FREE 30 minute webinar on April 7th from 12:00-12:30pm

Click here to register nowWe’ll review the new FEHA regulations going into effect.

Go to the events calendar on our website to register now!
Guest Attorney: Peter Z. Stockburger, Dentons US, LLP.

Dennis Pufpaf
California Employers Association | Regional Director
800.399.5331 ||

Our mailing address is:
Small Business California
2311 Taraval Street
san francisco, CA 94116

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