Author: SweeterHR

By Lauren Amabile Sr. HRBP

The NLRB overruled a 2020 precedent related to the consequences faced by employees who use profane and/or harassing/discriminatory remarks during arguments at work in its May 1st decision in a case involving a manufacturing company based in Texas (Lions Elastomers, LLC.).

An employee of Lions Elastomers participated in a tense and “offensive” confrontation with company leadership over the workplace conditions—considered protected activity by the NLRB, resulting in his termination in 2017. The case was eventually handed to the Board following an appeals process and, at the time, the NLRB considered the dismissal to be unjust and ruled in favor of the employee’s reinstatement.

This ruling is particularly noteworthy for employers, as it returns the NLRB to a position of bolstered protections for workers participating in protected actions under the National Labor Relations Act. Though this recent decision is working its way through the appeals process, it is recommended that companies increase their consideration process when it comes to reprimanding employees for their conduct during disputes related to concerted activity.

The Board recognized in their decision that, while employers are understandably interested in an orderly and considerate work environment and employee relations, disputes related to working conditions can be caustic in nature and therefore, workers should be given grace related to their conduct in the heat of the moment, so as not to infringe on their rights under Section 7 of the NLRA.

According to the 2-person majority opinion, the employee’s behavior and conduct must be reviewed in the context of participating in concerted activity, and not as if it happened during regular business operations.

Research suggests that earned wage access is becoming more popular in how companies pay their employees. EWA is a revolutionary concept where employees can access their earned wages as early as the same day. Studies have shown that 60% of workers want on-demand pay, which increases a business’s ability to attract, retain and motivate employees. Simply having the option to request earned wages provides a higher sense of security for workers, even if they don’t utilize it. Earned wage access is an awesome way to stay ahead of the competition but there are some compliance items to think about. Here are 4 best practices when considering this benefit.

Ensure you have written policies that are compliant with state and federal laws including privacy and Paycard laws.

Get the consent of employees when sharing information to providers.
Consider benefits, implications and withholdings.
Research EWA providers and partner with experienced companies.
Have an attorney review for compliance risk

On October 3, 2022, Assembly Bill Number 1949 passed requiring employers with five or more employees to grant unpaid bereavement leave up to five days upon the death of a family member. California is the third state to mandate this time off.

This applies to an employee who has been employed for at least 30 days prior to the leave who lost a “family member” is eligible for this leave. A “family member” is defined as a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law (parent of a spouse or domestic partner).

AB 1041 expands family members to designated persons, who would be identified at the time the employee requests the leave. An employer would be allowed to limit an employee to one designated person per 12-month period.

Existing state law, the Healthy Workplaces, Healthy Families Act of 2014, generally entitles an employee who works in California for the same employer for 30 or more days within a year to paid sick days, including to care for an employee’s family member. AB 1041 expands the definition of the term “family member” to include a designated person.

The bill:

Adds a definition of the term “designated person” to mean “any individual related by blood or whose association with the employee is the equivalent of a family relationship.

The designated person may be identified by the employee at the time the employee requests the leave.

An employer may limit an employee to one designated person per 12-month period for family care and medical leave.

As of January 1st, 2023, the California Privacy Rights Act (CPRA) eliminates employers and the business-to-business (B2B) exemption from the California Consumer Privacy Act (CCPA). This will apply to businesses that reside in California, have employees working in California, or have other connections to the state. Compliance with this act requires employers to provide notice before or during the time of collecting personal information including; categories of sensitive personal information, if this information is sold/shared, and the period the employer intends to hold this information. Employers must also provide notice on why this information is being collected. Employees have the right to know, delete, correct, and opt out of sales/sharing of their personal information. The expansion for Business-to-Business (B2B) protects the personal information collected from business contacts and is subject to CPRA privacy rights. Ensure that your company updates the privacy notice, policy, and procedures, and review and update employee data incorporating personal information collected in employment and B2B context.