October 2020 Stay Current Newsletter

Blog Post: Employer Tips for Managing Election Season in the Workplace

Election season is upon us, and this race is unlike any other. Our country is under the pressure of a global pandemic, civil unrest, a recession, and a polarizing race for the Presidency. Many employers have questions about what they can and cannot prevent in the workplace regarding free speech, political apparel, and even email signatures. What can you do to protect your company and your employees? Missed our post? Read it here.

California Eases Sexual Harassment Training Requirements for Previously Trained New Employees

New Employees Who Already Received the Required Training May Be Placed on Two-Year Schedule from Date of Last Training Effective Sept. 28, 2020, California has amended its law that requires employers with five or more employees to provide sexual harassment prevention training to all new employees within six months of assuming a new position.  Under the changes, an employee who has received the required training within the prior two years from a current, prior, alternate or a joint employer is not required to receive the training again until two years after the date of the prior training, as long as certain other requirements are met. These requirements include providing the employee with a copy of the employer’s written anti-harassment policy, obtaining acknowledgment of receipt from the employee, and placing the employee on a training schedule that ensures he or she receives the training two years after the prior training date. Article republished with permission from HR360.

Tips for a Smooth Open Enrollment

December 1 is just around the corner. The BDR team is working in advance to ensure we are able to complete all processing in a timely fashion. The following reminders will help you and your employees know what to anticipate regarding billing, scheduling appointments, verifying coverage and other changes. We have attached a PDF that can be distributed to your employees. Click here to download.

Holiday Parties During a Pandemic

For many companies, early fall is when the planning starts for a year-end holiday celebration. While you may think that holiday parties are out of the question entirely, think again! 2020 has been a year of firsts and unknowns; how great would it be to end on a positive note?  If you are going to host an in-person celebration, consider hosting it outdoors. Whether hosting a daytime picnic or evening dinner, select an open-air location that allows for physical distancing. Outdoor heaters and fire pits can be a great way to stay warm. Substitute the usual meat and cheese platter for individual bites pre-placed at each person’s seat. Bundle hand sanitizer wipes with the silverware. It can still be festive while being COVID-friendly.  An alternate option in lieu of an in-person gathering is to allow your employees to take a paid day off to volunteer in the community. Employees can even partner up and make a day of it. This is a way for employees to feel appreciated, give back to their community, and stay safe during COVID-19. Other options include virtual parties, providing restaurant gift cards for your employees to enjoy a meal with a partner, or a festive holiday card exchange. Reach out to the consulting team for other creative ideas for your year-end celebration.

New Bill Expands Job Protected Leave to Small Employers

On September 17, Governor Newsom signed a historic piece of legislation that expands the California Family Rights Act (CFRA) and brings changes to almost every employer in the state – SB 1383. Employees that work for a company with five or more employees may now be entitled to up to 12 weeks of job protected leave for their own personal medical condition or to care for a family member with a serious medical condition. SB 1383 will take effect on January 1, 2021 which means employers must take swift action to educate themselves and make policy and practice adjustments by the end of the year. Read the full article here.

Workers’ Compensation Presumption for COVID-19 cases

SB 1159 was enacted on September 17, 2020 and takes effect immediately. The Department of Industrial Relations (DIR) states that the bill codifies the COVID-19 workers’ compensation presumption. It provides “two new rebuttable presumptions that an employee’s illness related to coronavirus is an occupational injury and therefore eligible for workers’ compensation benefits if specified criteria are met.” This means that employees who are working on behalf of a company outside of their home will be eligible to receive workers’ compensation benefits when they are home sick with presumed COVID-19.  The rebuttable presumption means employers may attempt to prove that the employee did NOT contract COVID-19 while working on behalf of the company. Under SB 1159, the burden of proof shifts from the employee to the employer.  This new bill is an expansion of the previous workers’ compensation executive order N-62-20, which expired on July 5, 2020. SB 1159 applies retroactively to applicable cases since July 6, 2020. If you have employees who have been working outside of their home and have contracted COVID since July 6, contact your workers’ compensation carrier immediately for guidance.

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