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Day: May 9, 2024

Categories
Employee behavior

CALIFORNIA EMPLOYERS Violence Prevention

violence prevention at workplace

On September 30, 2023, California enacted Senate Bill 553 (Cortese), introducing new mandates under California Labor Code section 6401.9, effective July 1, 2024. This legislation compels employers to establish, implement, and maintain a comprehensive written Workplace Violence Prevention Plan (WVPP). Key components of the plan include designating responsible individuals, involving employees and their representatives, addressing reports of workplace violence and prohibiting retaliation, communicating with employees about violence-related matters, responding to emergencies, and conducting effective training. Additionally, the plan must identify, evaluate, and mitigate workplace violence hazards, perform post-incident responses and investigations, and specifically address violence prevention in general industry settings, encompassing non-healthcare environments.

Workplace violence is broadly defined under this law as any act or threat of physical force, use of weapons, or other hostile behavior that occurs at work and could result in injury, psychological trauma, or stress. The legislation categorizes workplace violence into four types, ranging from criminal intent (Type 1) to violence involving personal relationships (Type 4), each presenting unique risks and requiring specific preventative measures. For employers, the law mandates a proactive approach in hazard assessment, incident response, and continuous training to safeguard employees. Compliance also involves detailed record-keeping and reporting of violent incidents to Cal/OSHA, reinforcing the state’s commitment to reducing workplace violence and enhancing employee safety across various industries.

WE HAVE VIOLENCE PREVENTION PLANS! Let us know if you’d like one created for your organization!

Categories
HR Policy

ATTENTION: ALL EMPLOYERS IN THE U.S. WITH 15 + EMPLOYEES!

HR Policy US

Effective June 18th 2024: The EEOC’s Pregnant Workers Fairness Act (PWFA)

The federal Pregnant Workers Fairness Act (PWFA), enforced by the Equal Employment Opportunity Commission (EEOC), aims to protect pregnant workers from discrimination in the workplace. It requires employers with 15 or more employees to provide reasonable accommodations to pregnant workers, similar to those provided to individuals with disabilities under the Americans with Disabilities Act (ADA).

These accommodations might include allowing employees to drink water, take additional restroom or food/drink breaks, changes to work duties, schedules, or the work environment to ensure the health and safety of pregnant employees. The PWFA prohibits employers from discriminating against pregnant workers in hiring, firing, promotions, or other employment decisions. Employers must also provide notice to employees about their rights under the PWFA.

To ensure compliance with the PWFA, employers should update their policies and educate managers and other relevant staff on the presumptively reasonable accommodations, limitations on requesting documentation, and the importance of prompt accommodation.

Reach out to us if you have additional questions around compliance or want us to create a policy for your workplace.

Categories
Human Resources

Uniform Messages May Be Concerted Activity, Says NLRB in Recent Ruling

concerted activity

By Lauren Amabile Sr. HRBP

The National Labor Relations Board recently ruled against Home Depot in a case involving an employee who was prohibited from writing “Black Lives Matter” on their work uniform and prevented from working until the message was removed, stating the message was considered “concerted activity” and had to be permitted.

The employee’s message was in response to what they believed to be unfair treatment of their coworkers by the company. The employee involved in the case and others brought their concerns to the attention of management and hoped the message would spark a larger conversation about race and workplace discrimination. The message itself, and the fact that the employee in question talked about their concerns with other employees and with management, contributed to the NLRB’s decision to qualify the circumstances as “concerted activity”. Furthermore, Home Depot permitted Pride flags on uniforms, adding an additional concern of discrimination in this case.

While the practice of managing messaging in the workplace is somewhat uncertain, and employers still have the capacity to disallow any political or social messages that are unrelated to employment or working conditions (these messages are unlikely to be classified as concerted activity), employment law experts are advising against general bans on any messaging that could reduce workplace discussions and potentially limit concerted activity by extension.

Takeaway: Union and non-union workers have rights under the law to discuss working conditions among themselves while at work. Enforcing dress, uniform, and messaging standards that limit these rights can create risk for employers.