If your head was spinning from the new wage and employment notice requirements issued by the Division of Labor Standards Enforcement (DLSE), there is good news. The DLSE issued a more streamlined, user-friendly template along with revised FAQs for California's Wage Theft Prevention Act.  The revised form and the updated FAQ's can be downloaded from the DLSE website (click here) : Form and FAQ page

Here are some basics you need to know:

• You don't need to issue a new notice to new hires who received earlier forms, unless there is some substantive change to report.
• The new template omits confusing legalese at the beginning and end of the form.
• Signing by both parties is now optional.
• You must provide the form to employees no later than the first day of work.
• You must designate whether a written agreement exists which provides for the rate(s) of pay.
• You must specify your firm's full formal legal name including "Inc.," "Co.," "Corp.," "LLC," "Partnership" (if part of the full legal name of the business).

 Additionally, the new requirements provide further guidance for temporary services firms, staffing agencies, and professional employer organizations (PEOs). And don't forget, all California employers must put their commission agreements in writing by January 1, 2013.

If you need clarification or assistance contact JorgensenHR at (661) 600-2700.

The recent news of employers asking job applicants for their FB passwords has caused quite a stir. Though the report of the problem has been greatly blown out of proportion, according to Eric B. Meyer, writer of The Employer's Handbook, California employers should stay clear of the controversy.

Facebook intentionally offers privacy settings to enable members to hide personal information from anyone who is not a FB friend. With a password or a "friend" request, an employer would have access to this hidden information.

Looking at a job applicant's FB page might provide prohibited information, such as religious affiliation, age, or sexual orientation. Since employers are required to base their hiring decisions on work-related information only, learning about a job applicant's protected characteristics could open employers up to discrimination lawsuits. In addition, gaining access violates FB's Statement of Rights and Responsibilities.

Protect Your Employees from Sexual Harassment by Customers

Here's a news story. Seems at a restaurant in Florida female servers were allegedly sexually harassed by a deputy sheriff who frequented the place. The servers reported he grabbed their breasts and buttocks, made inappropriate comments, and invited them to join in a m�nage a trois with him and his wife.

The restaurant owner ignored the complaints from the staff, and even terminated one when he found out she was planning to complain to the Equal Employment Opportunity Commission (EEOC). When the EEOC attempted to reach a settlement, the franchise owner sold his interest in the restaurant. However, he did not escape liability. He still has to pay the $200,000 settlement.

Keep in mind that California law protects employees from harassment in the workplace, whether the harasser is a co-worker, vendor, customer, or client. To stay out of hot water, you should:

• Have an anti-harassment policy that specifically prohibits sexual harassment;
• Post a Department of Fair Employment and Housing (DFEH) poster that includes information on the illegality of sexual harassment;
• Distribute a pamphlet on sexual harassment to new employees;
• Provide a clear complaint process;
• Investigate concerns immediately; and
• Ensure all steps are taken to remedy any harassment and prevent it from occurring again.

All California employers with more than 50 employees must also provide mandatory Sexual Harassment Awareness Training for their Supervisors and Managers every two years. JorgensenHR can help you with your training needs, call us at (661) 600-2070. 

Source: California Chamber of Commerce, HRCalifornia, April 2012