CalNonprofits Articles

From CalNonprofits Insurance Services, a subsidiary of California Association of Nonprofits

With the New Year comes new regulations and implementation of recently passed laws related to staff management and human resources. In this article, our partners at CalNonprofits Insurance Services highlight a few of the regulations and laws that nonprofits need to care about. Tip: CalNonprofits full Members get free access to HR360.com where you can review new laws, access sample documents, or pick up tips for best practices.

Mandatory Paid Sick Leave
Effective July 1, 2015, all California employees, including those working for nonprofits, will accrue one hour of paid sick leave for every 30 hours worked. Employers may choose to cap the usage at three sick days (24 hours) per year.  You can find more detail here (http://www.dir.ca.gov/DLSE/Publications/Paid_Sick_Days_Poster_Template_(11_2014).pdf)

Of course this means new posters are required as well. CalNonprofits Members can print posters from HR360.com, or they are available for purchase from HRCalifornia (http://www.calchamber.com/hrcalifornia/hr-library/posters-pamphlets/pages/required-posters-pamphlets.aspx), a resource provided by CalChamber.

Protections for Unpaid Interns and Volunteers
The legislature also extended the protections of California's Fair Employment and Housing Act (FEHA) to unpaid interns and volunteers (AB 1443) with the following amendments:

• Provides protections against harassment to unpaid interns and volunteers.

• Provides protections against discrimination in an unpaid internship or another limited duration program that provides unpaid work experience.

• Extends religious belief protections and religious accommodation requirements to anyone in an apprenticeship training program, an unpaid internship, or any other program to provide unpaid experience in the workplace or industry.

Increased Liability for Employers Who Contract for Labor
This new law will impose liability on employers who contract for labor. The purpose of this law is to hold companies accountable for wage-and-hour violations when they use staffing agencies or other labor contractors to supply workers. If a labor contractor fails to pay its workers properly or fails to provide workers' compensation coverage for those employees, the "client employer" can now be held legally responsible and liable.

Criminal Background Check Policy Notices to Parents/Guardians
There is a new requirement (AB 1852) that a business that provides services to minors to provide a written notice to the parent or guardian of the minor receiving those services that addresses the business's policies relating to employee criminal background checks. 

Stiffer Penalties for Failure to Fix Safety Hazards
Under current law, Cal/OSHA can require an employer to fix serious workplace safety violations and to issue civil penalties. An employer can appeal the citation.

Now, because of AB 1634, the California Division of Occupational Safety and Health (DOSH) is prohibited from granting modification to civil penalties for abatement or credit for serious violations of Cal-OSHA unless the employer has done one or more of the following:

• fixed the violation at an initial inspection; or

• fixed the violation at the time of a subsequent inspection prior to the issuance of a citation; or

• within 10 working days after the date fixed for abatement, submitted a signed statement and supporting evidence showing that the violation has been fixed.

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