It seems like not a day goes by without another story breaking in the media about unlawful harassment. The #MeToo and #timesup campaigns have spawned a significant increase in internal employee complaints of harassment. How employers respond to and handle these internal complaints can determine whether or not an employee files a lawsuit. A robust program that includes a comprehensive harassment policy, a user-friendly complaint mechanism, and a rigorous internal investigation protocol can be the difference between resolving complaints internally and civil litigation.

This session will focus on employer policies and internal investigations. We will cover the scope of employers’ legal obligations to address harassment complaints and conduct internal investigations. We will also look at and dissect a California harassment policy, share tips regarding effective methods for conducting investigations, and collectively build a “best practice” compliance program.

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Pay equity continues to be one of the hottest trends in workplace law, and high profile equal pay lawsuits continue to dominate the headlines. While the tech industry has been a key target of equal pay litigation, the gender divide in compensation is an issue for many industries. This program will examine the fair pay laws that apply to California workplaces, discuss how to conduct a fair pay audit and what is and isn’t a legitimate business reason for pay disparities, provide do’s and don’ts for compliance with legal restrictions on seeking applicant salary history information, and offer practical strategies for achieving pay equity compliance in your company.

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Despite legalizing recreational cannabis in California, confusion remains among employers on requirements to accommodate an employee’s use or possession of the drug. Employers have no obligation to accommodate cannabis. However, that’s where things get fuzzy. Should you evaluate your drug policies or hold a zero tolerance standard and risk losing good talent? What if your new employee tests positive for cannabis and he/she has a doctor’s note? Say your star employee gets in an accident on the job and tests positive for cannabis? How should employers safeguard in this brave new world of weed?

You will leave the session with the following takeaways:

1. As a new industry and market, what are the projected business trends in California for legal cannabis distribution?
2. What to do if your employee tests positive
3. Understanding of what to do in the stickiest situations
4. How to protect your company and still grow your talent

Join this discussion with AALRR Cannabis Practice attorney and Corey Tobin, Cannabis Practice Lead at Bolton & Company.

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The onboarding of new hires is often fraught with costly mistakes. Aside from the numerous required forms and policies in California, the improper classification of new employees could expose the company to expensive and harmful litigation. Further, job descriptions are not just a recruitment tool, but an essential document that can prevent many employee issues down the road. Being proactive and knowledgeable about the hazards inherent in the hiring and onboarding process will alleviate many employment problems for the duration of the employment relationship. This program is essential for anyone tasked with the hiring or onboarding of new employees. Attendees will learn an arsenal of proactive steps they can take from the time of an employee’s first day to mitigate the risk of employment litigation in California’s ever-changing legal landscape. 

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Given the significant emphasis on pay equity issues, employers are well advised to take a close look at their compensation policies and practices. Conducting a compensation analysis and determining any necessary remediation is not for the inexperienced. When you sit down with your legal counsel and review these new laws, here’s what you should know.

1. California Fair Pay Act Basics

• The Basic Legal Requirements
• Pay Equity
• Pay Transparency
• Records Retention
• Enforcement
• Salary History
• Providing Position Pay Scales Upon Request
• How the Act Eliminates Most Employer Defenses
• Employer Use of Seniority, Performance and Quality of Work
• Employer Use of Factors Other Than Sex to Justify Wage Differences

2. How to Audit Your Pay Systems / Compensation & Compliance Analysis

• How to Identify Substantially Similar Jobs
• How to Determine Sex-Based Wage Differences
• Employer Defenses to Wage Differences
• Use of Statistical Analysis
• Taking Corrective Action
• Attorney Client Privilege and Audit Results

3. The Biggest Myths About the Act

4. Your Steps to Compliance

5. Handouts: Audit & Checklist Forms

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The presentation will focus on the most common wage and hour violations in California, including employee misclassification, timekeeping violations, wage statement compliance, meal/rest break compliance, vacation/sick policies, final payment of wages, minimum and overtime requirements, etc. Additionally, the presentation will address a common-sense approach to auditing wage and hour compliance.

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California employers are too often blindsided by California’s restrictive laws concerning vacation, PTO, and sick leave policies, which vary widely from the laws of most states. The situation has only been exacerbated by California’s tricky new paid sick leave law.

This session will assist you to spot and correct key compliance issues, including with respect to:

• The most common errors employers are making in implementing and overseeing California’s paid sick leave law
• California law restrictions on the accrual “cap” that may be placed on vacation/PTO
• Why nearly all forms of “floating holidays” and “comp time” run afoul of California law
• When employers may/may not require use of various forms of paid time off during a leave of absence or company shutdown
• Restrictions on when employers may require exempt employees to use various forms of paid time off during an absence

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There has been a recent increase in claims, lawsuits and class actions centered on compensation issues in California. This seminar will show employers how to pay their employees properly under the law and provide employers with cutting edge strategies to avoid this compensation crisis. We will address recent California case law and legislation concerning minimum wage, commissions, overtime, equal pay, pay history, and more. We will review the federal Equal Pay Act, as well as the recent amendments to the California Equal Pay Act, also known as the Fair Pay Act. We will discuss how to conduct an equal pay self-audit and strategies to remedy any inconsistencies. We will instruct employers how to respond to internal equal pay complaints. We will consider the effects of the new law banning inquiries into salary history. We will identify local ordinances that differ from state minimum wage, and how increases to minimum wage have a ripple effect in the workplace. We will provide practical advice on how the new laws affect day-to-day business operations, and changes employers can make take to ensure compliance. This will be an informative and entertaining presentation that California employers should not miss.

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California is the first state to recognize a third gender. So, how does this affect workplace discrimination and harassment? Learn about California’s new law expanding the categories of sexual harassment to include gender identity, gender expression and sexual orientation, and find out what information must now be included in each employer’s sexual harassment training. Determine whether your company is infringing on any transgender rights and, if so, what to do about it. We will also discuss what policies your company can institute to recognize, prevent and stop all types of sexual harassment.

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