Legal Compliance Update: California Workplace Regulations and Reporting Requirements | March 2024
FEDERAL
EEO-1 Report Opening Announced for 2023 Data Collection
The Equal Employment Opportunity Commission (EEOC) has announced that the data collection process for the 2023 EEO-1 Component 1 reports will commence on April 30, 2024. Employers subject to EEO-1 reporting requirements should take note that the reporting deadline is June 4, 2024. Additionally, the online Filer Support Message Center will be available from April 30, 2024, to provide assistance to filers with any inquiries regarding the 2023 collection.
EEOC Releases 2024 Notice Violation Amounts
In a move to enforce compliance with Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Genetic Information Non-Discrimination Act (GINA), and the Pregnant Workers Fairness Act (PWFA), the Equal Employment Opportunity Commission (EEOC) has adjusted the monetary penalties for violation of notice posting requirements. Effective as of February 16, 2024, violations of these requirements may now incur fines of up to $680 per offense.
NLRB Joint Employer Rule Vacated by U.S. District Court
A recent decision by a U.S. District Court judge has resulted in the vacating of the National Labor Relations Board’s (NLRB) new joint employer rule. This decision comes just before the rule was slated to take effect on March 11, 2024. Consequently, the new rule will not be implemented, and the NLRB’s existing joint employer rule will remain in force until further notice.
EEOC Issues Interim Final Rule on Administrative & Enforcement Procedures
The Equal Employment Opportunity Commission (EEOC) has introduced an interim final rule amending its administrative procedures and enforcement mechanisms to integrate the Pregnant Workers Fairness Act (PWFA). This amendment entails the inclusion of the PWFA within the enforcement mechanisms and procedures governing Title VII of the Civil Rights Act and the Government Employee Rights Act (GERA). Moreover, provisions related to record availability, the Privacy Act, and the Age Discrimination in Employment Act (ADEA) have also been updated to incorporate the PWFA. The interim final rule, effective since its publication on February 14, 2024, will remain open for public comment until April 15, 2024, following which a final rule will be issued.
CALIFORNIA
Cal/OSHA Publishes Resources for Workplace Violence Prevention Plans
In response to California Senate Bill 553, which was signed into law on September 30, 2023, the California Department of Industrial Relations Division of Occupational Safety & Health (Cal/OSHA) has released resources to assist general industry employers in complying with the new workplace violence prevention plan (WVPP) requirements. The model WVPP, along with additional guidance, was published on February 29, 2024, providing employers with a template to establish, implement, and maintain effective workplace violence prevention plans.
While employers are not mandated to adopt Cal/OSHA’s model, they can utilize it as a reference to evaluate and address the specific risks present in their workplaces. The model WVPP includes various examples and questions to aid employers in customizing the template to suit their needs. Employers have the flexibility to incorporate the written plan either as a standalone section within their written injury and illness prevention program or as a separate document. It’s important to note that this legislation marks the first time such requirements have been extended more broadly to non-healthcare employers. Covered employers are required to implement workplace violence prevention plans by July 1, 2024.
Pay Data Reporting Opens with New Guidelines
The Civil Rights Department (CRD) has released updated materials and FAQs for the 2023 California Pay Data Report, reflecting recent changes. Notable adjustments this year include limiting an employer’s report filing to ONLY California employees, as opposed to reporting on all employees as was previously permitted. Additionally, employers are now required to report on remote employees, including those who worked remotely in California or those who worked remotely outside California but reported into an employer’s California location during the reporting period. The Pay Data Reporting portal opened on February 1, 2024, and reports are due by May 8, 2024.
Reproductive Loss Leave Fact Sheet Issued
The Civil Rights Department (CRD) has issued a Fact Sheet providing guidance on leave available for reproductive loss under SB 848. Covered employees are entitled to up to five days of leave within three months of a reproductive loss event occurring on or after January 1, 2024. The fact sheet outlines eligibility criteria, qualifying reasons for taking reproductive loss leave, timing and duration of leave, pay considerations, and protections against confidentiality breaches and retaliation. Additionally, the fact sheet details the process for filing complaints with the CRD.
This newsletter shares information on legislative and regulatory developments that may affect your business. Consultation with your Human Resources Professional, and in some cases legal counsel, is recommended to address any questions or concerns you may have that are related to these developments. As always, it is your obligation as the employer to ensure your compliance with applicable laws and regulations.. Please contact our team at (888) 356-4937 or info@pprclaw.com with any questions regarding state-specific guidance or application to your workplace.
For Additional Information | Please Contact us
