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New Parent Leave Act Benefits Employees Not Covered by FMLA/CFRA

California’s New Parent Leave Act (NPLA), which goes into effect on January 1, 2018, will expand family leave benefits to employees who are ineligible for FMLA (Family Medical Leave Act) and CFRA (California Family Rights Act). The new law allows eligible employees to take up to 12 weeks of leave to bond with a new child. The law applies to employers with at least 20 employees, whether or not they are covered by FMLA/CFRA. This is lower than the 50-employee threshold required by FMLA/CFRA.

The NPLA provides eligible employees with 12 weeks of leave to bond with a child within one year of the child’s birth, adoption, or foster care placement. This is in addition to any leave provided under the Pregnancy Disability Leave (PDL) law.

In order to be eligible for the NPLA, employees must have more than 12 months of service with the employer, and have worked at least 1250 hours during the previous 12-month period. Also, they must not be eligible for FMLA/CFRA.

The law applies to all California employers who have at least 20 employees, including those already covered by FMLA/CFRA who have locations with between 20-49 employees. Employers must continue group health insurance coverage for employees on parental leave, and must provide a guarantee of employment in the same or similar position upon the employee’s return.

Unlike FMLA, the NPLA does not provide leave to recover from the employee’s own serious health condition, or to care for family members with a serious health condition, or for pregnancy disability.

If you are an employer who will be affected by the new law, be sure that you update your form leave letters, Maternity Leave policies, and Employee Handbook to reflect this new benefit.

New Criminal History “Ban the Box” Law Takes Effect January 1, 2018

A new law recently signed by Gov. Jerry Brown will prohibit employers in California from including criminal history inquiries on employment applications before making a conditional offer of employment. AB 1008 applies to all California employers with 5 or more employees and will go into effect January 1. California has had a “ban the box” law for city, county and state employers since 2014. The new law extends the ban to private sector employers. Fifteen local jurisdictions, including San Francisco and Los Angeles, already have such private sector bans in place.

The goal is to give Californians with a prior arrest or conviction a fair chance at finding a job and moving forward.

AB 1008 makes it unlawful for employers to:

Include questions on employment applications about criminal history
Ask about or consider the conviction history of an applicant before the applicant receives a conditional offer of employment; and
Consider, distribute, or disseminate information about arrests that did not result in a conviction.

The bill also requires that, before rejecting an applicant based on criminal history, the employer must first make an “individual assessment” to determine whether the applicant’s conviction history has a direct and adverse relationship with the specific duties of the job. The employer must consider each of the following:

The nature and gravity of the offense or conduct;
The time that has passed since the offense or conduct and completion of the sentence; and
The nature of the job held or sought.

If the employer makes a preliminary decision not to hire the applicant in part or solely due their criminal history, they must notify the applicant in writing and give them at least 5 business days to respond. If the applicant notifies the employer in a timely manner that they dispute the accuracy of the conviction history, and are taking steps to obtain evidence to prove its inaccuracy, the employer must provide the applicant 5 additional business days to respond. By law, the employer must consider the applicant’s response before making a final decision.

From a business perspective, banning “the box” can expand the pool of potential employees in what is a very competitive market. Individuals with arrest records or convictions for even minor offenses often have difficulty getting that first opportunity to begin turning their life around. A former client of mine who gave someone that opportunity had a very positive experience. Through a program with the EDD, she hired someone who had served time for a minor offense to work in the company call center. The individual was anxious to get some experience, and to be able to support their family. The program had very specific requirements that the employee had to adhere to, e.g., weekly drug testing, and attending meetings with their parole officer. It turned out to be a win-win. The employer got a motivated employee, and the employee got a fresh start.

Remember that in light of the new law, AB 1008, you may need to make changes to your employment application form and hiring procedures. Please contact me if you need help in doing so.

If a Disaster Strikes, Is Your Business Prepared?

The disasters that have played out far and near over the past few months should be a big wake up call to businesses and individuals alike – YOU NEED TO BE PREPARED. Every individual should have an emergency kit for their home and car, and every business should have an Emergency Action Plan. In California, every employer with 10 or more employees is also required by the state to have an effective Injury and Illness Prevention Program (IIPP).

Here are some tips to get started on your Emergency Action Plan.

Identify potential problems. What are the potential natural disasters in your area? In California we most often think about earthquakes, but as we’ve seen recently, some areas are also at risk for floods or wildfires. Also consider other situations that might occur, either man-made or accidental – chemical spill, fire, violent acts.

Create and practice an emergency response plan. Map out what employees and leaders should do in the event of a specific emergency. Be sure that everyone is familiar with the plan – use posters, team meetings, all-hands meetings to communicate the plan – and practice it. Have a periodic fire drill, earthquake drill, safety drill. Be sure everyone knows where the exits are, and where to hide if necessary. How will you communicate if power is lost? OSHA has some additional tips for this plan.

Create a crisis communications plan. Assign someone to be the spokesperson with first responders and the media. Determine how you will contact employees, their families, your customers.

Create a business continuity plan. Ensure that all financial documents and other key business data are backed up and safely and securely stored offsite or in the cloud. Plan how you will continue to operate during or post-disaster. Also consider how you will respond if one of your key suppliers is struck by disaster. Prepare for all contingencies.

Put together a disaster survival kit. When a disaster strikes, your business could be without electricity, water, Internet and other services for days. Keep emergency supplies on hand, and advise employees to have their own emergency kits. FEMA and the American Red Cross offer checklists as to what should be included.

Being prepared will help save your business and save lives.

Let’s Normalize Kindness

It’s been so heartwarming to see the outpouring of kindness and generosity from neighbors near and far in the wake of the fire disasters in the North Bay. There’s something about disasters that makes people set aside their differences and come together in the spirit of compassion for their fellow human beings.

Why can’t we always be this way? How can we change the bad behavior that is increasingly becoming normalized in the workplace, and normalize kindness instead?

Leaders, it starts with you. Set the example by treating your individual employees, your team, your customers, your vendors, your job candidates, everyone, for that matter, with kindness. Express your feedback – even when negative – in a positive, constructive way. The command and control style of leadership, although we see it in the news every day, should be a thing of the past.

Remember that the number one reason employees leave is because of their boss. With an improved job market, good talent has plenty of options. Don’t lose that talent by normalizing bad behavior. Be kind.

Encourage your employees to be kind by rewarding people for helping others and demonstrating kindness. The seasoned employee who makes an extra effort to help a new employee feel welcome and get acclimated. The leader who inspires his/her team to volunteer for community service. The employee who goes above and beyond to help a customer have a good experience. The leader who consistently models positive behavior in word and deed.

Caution employees not to get caught up in the rumor mill, and to seek the truth, in person, before making assumptions about a situation. All too often conflicts get blown out of proportion because too many people are brought into the loop via emails that are over-copied and over-shared. Remember, emails are one-way communication and you have no control over where that email goes once you send it. Create an environment where employees know that the first step in a conflict is to try to resolve it face to face with the other person, and if that doesn’t work then to involve you, as their leader.

These sayings are old, but definitely apply today: “If you don’t have something nice to say, don’t say anything,” and, “Words, once they are printed have a life of their own.”

Let’s all try to be kinder, EVERY day.

“No act of kindness is ever wasted.” – Aesop

Corporate Social Responsibility: Do Better by Doing Good

American consumers, and increasingly, American workers, have many choices these days in terms of the companies they choose to buy from or work for. And many are making their buying and/or employment decisions based on a company’s social responsibility. How does it give back to the community? How does it support sustainability? How does it treat its employees, customers, suppliers, and partners? How does it rate in integrity, valuing diversity, and gender equality? What are the company values and are they adhered to?

These are all questions that ten years ago or so we may not have factored into our buying decisions. Or thought about when we were searching for our next job opportunity. But these are very important questions today. In fact, 55% of consumers say they are willing to pay more for products from socially responsible companies. And, according to a 2015 Cone Communications study, 62% of Millennials would be willing to take a pay cut to work for a socially responsible company.

Companies that are socially responsible have a better public image – with consumers and in the media; have more engaged employees, and are able to attract higher quality talent; and are better able to attract and retain investors.

Here are a few examples.

Starbucks. Starbuck’s social responsibility is based on: community, ethical sourcing and environment. They develop community stores that partner with local nonprofits. They’ve pledged to hire at least 10,000 veterans and military by 2018, and they focus on diversity and inclusion in the workplace. They are committed to ensuring that their coffee, tea, cocoa and manufactured goods are responsibly and ethically produced and purchased. They build LEED certified stores, recycle, conserve water and energy, and strive to be environmentally friendly in every aspect of their operations.

TOMS Shoes. TOMS’ social responsibility model started with them giving a pair of shoes to someone in need for every pair of shoes sold. TOMS’ giveback model has since expanded to include coffee (providing water where needed), bags, eyewear and apparel. “With every product you purchase, TOMS will help a person in need. One for One®.”

Glassybaby. Glassbaby provides glassblower artisans the opportunity to continue their craft, and donates 10% of every glassbaby to the Glassbaby White Light Fund to help people, animals, and the planet. Glassbaby gives back almost $2 million annually. Glassbaby employs more than 80 glassblowers at their locations in Seattle and Berkeley.

Companies that do good do better. According to the CECP 2016 report, Giving in Numbers, companies that increased total giving by at least 10% between 2013 and 2015 saw increases in revenue and pre-tax profit, as opposed to all other companies, which saw decreases in both metrics.

“Creating a strong business and building a better world are not conflicting goals – they are both essential ingredients for long-term success.” – William Clay Ford Jr.

Teaming Up for Those in Need

In the wake of the devastation caused by Hurricane Harvey and its aftermath, it has been so encouraging to see how people have put aside their differences – political, racial, ethnic, economic, etc. – to work together to help those who have lost so much – their homes, their belongings, and, in some cases, their loved ones. Times like these make us review our priorities, and, I hope, think about how we can help those in need.

Companies often do team fundraising or volunteer events as part of their year-end giving. I’d like to suggest that you consider moving that up this year, or even adding an additional event to help the victims of Hurricane Harvey. Here are some ideas:

Set a company fundraising goal and ask employees to help you reach it
Match employee individual donations
Have a team competition to see who can raise the most money
Do something fun as a group and ask each employee to contribute a certain amount for the fund

There are many organizations that have established funds to support the region affected by Hurricane Harvey. Here are a few of them:

Also, Silicon Valley Community Foundation (SVCF) and the City of San Jose have launched the Californians Helping Texans – Hurricane Harvey Relief Fund to accept tax-deductible donations to help Harvey victims. SVCF has also vetted a number of national and local organizations accepting funds, which are listed on their site.

“No act of kindness, however small, is ever wasted.” – Aesop

Nurturing Respect and Civility in the Workplace

As I discussed in my last blog, I’ve noticed an increase in complaints of bullying and harassment in the workplace, which I believe is reflective of the polarizing political atmosphere in this country. This bad behavior presents a challenge to leadership, and to HR professionals who have to deal with the complaints. It’s essential that everyone who is in charge of establishing and maintaining policies and Codes of Conduct ensure that those policies and Codes:

Clearly articulate expected behaviors and consequences for behaviors outside of those expectations
Extend the requirements to oral, written and physical behaviors including social media, emails, etc.
Are incorporated into new hire, supervisor/manager and leadership training
Are communicated and reinforced across the organization on a regular basis through a variety of media, e.g., all-hands meetings, company newsletters, company intranet and social media, etc.
Are considered in the performance management process

Here are some additional tips for nurturing and maintaining respect and civility in the workplace:

Walk the talk. Leaders at every level need to set an example of good behavior. When someone in authority bullies or harasses a subordinate or a peer it gives others the license to do so.

Coach positive behaviors. Identify and address conflicts that get out of hand by role modeling and coaching more positive ways to interact and resolve issues.

Be consistent. Managers do not get a pass because they’re overwhelmed or don’t know how to manage. Train them. And make the expected behaviors apply to everyone.

Reinforce the message. In California, employers with 50 or more employees are required to provide supervisors and managers with anti-harassment/anti-bullying training every two years. Even if your company isn’t in California, I highly recommend that even employers with fewer employees provide the training, and that the training be provided to all employees.

Create an inclusive work environment. Establish a culture where everyone is recognized and respected for their qualities, differences, ideas and contributions.

Reward those who live the values. Consider an awards program to recognize individuals and teams who demonstrate your organization’s values.

While setting the tone for respect and civility starts at the top, each individual employee also has a responsibility to role model good behaviors for their peers. As individuals, we need to demonstrate respect for ourselves and respect for others on a daily basis.

“Be the change you want to see in the world.” – Mahatma Gandhi

Whatever Happened to Professionalism?

Unless you’ve been avoiding the news over the past year, you’ve probably noticed that the national conversation – and in many cases behavior – has become increasingly negative. From the White House’s terse Tweets, to a growing number of hate crimes, to the now-famous memo that stoked the fires of gender bias, respect, empathy and good manners seem to have gone out the window.

As I work with my corporate clients, I’m finding that this bad behavior is also increasing in the workplace. Hostile work environment, bullying and harassment claims are on the rise. Because of our current political climate, some people think they now have license to make personal attacks and behave in a way that just a few years ago would have been unthinkable. Lack of professionalism is, sadly, becoming normalized.

Take the example of Uber, whose “aggressive, unrestrained workplace culture” was described in a New York Times article:

“Interviews with more than 30 current and former Uber employees, as well as reviews of internal emails, chat logs and tape-recorded meetings, paint a picture of an often-unrestrained workplace culture. Among the most egregious accusations from employees, who either witnessed or were subject to incidents and who asked to remain anonymous because of confidentiality agreements and fear of retaliation: One Uber manager groped female co-workers’ breasts at a company retreat in Las Vegas. A director shouted a homophobic slur at a subordinate during a heated confrontation in a meeting. Another manager threatened to beat an underperforming employee’s head in with a baseball bat.”

This culture ultimately led to an investigation, the firing of several executives and the resignation of CEO Travis Kalanick, who, as the top executive, had set the tone for the culture.

Work environments like this are especially challenging for those responsible for HR issues, especially when the tolerance or example of bad behavior starts at the top.

Next time, I’ll provide some tips for maintaining or bringing back professionalism in your organization.

HR Alert: Revised I-9 Form and New Employee Notice Requirement

Here are some recently-implemented requirements you should be aware of.

Revised I-9 Form Now Available

On July 17, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of the Employment Eligibility Verification form, Form I-9. Employers may continue to use the existing form, with a revision date of 11/14/16 through September 17, 2017. As of September 18, employers must use the new form with a revision date of 07/17/17. Existing storage and retention rules still apply.

The revised I-9 form contains some minor changes to wording, as well as changes to Acceptable Documents List C. All changes are documented in the revised Handbook for Employers: Guidance for Completing Form I-9.

New Domestic Violence Employee Notice Required

As of July 1, employers with 25 or more employees are required to inform all employees, in writing, about protections for victims of domestic violence, sexual assault or stalking. The notice is a requirement of California Assembly Bill 2337, which was signed by Governor Jerry Brown last September, and outlines protections under Labor Code Sections 230 and 230.1. The California Labor Commissioner recently published a sample notice. The notice contains information on victims’ rights to accommodation and protections against discrimination and retaliation.

Enhancing Personal Growth Through Affinity Groups

As I wrote in my last blog, mentoring programs provide myriad benefits to mentees, mentors and organizations. There’s a specific type of mentoring program I’d like to discuss this time – Affinity Groups.

A workplace affinity group is a group of employees with similar backgrounds, characteristics, or life experiences, such as: women, people of color, or Veterans. The purpose of an affinity group is to provide diverse populations within an organization the opportunity to share ideas and experiences. Often these groups are under-represented in a particular career path and/or leadership. Matching experienced mentors with mentees within the affinity group can help break down barriers and enhance mentees’ personal growth. For example, matching a Veteran who’s been back in the workforce for several years with a Veteran who’s just re-entering it. Their shared experience accelerates rapport, and the mentor can provide insight that a non-Veteran might not be able to.

In the affinity group mentoring program I worked with, we created what we called “mentoring circles” for the groups that had fewer than 10 people. Two mentors met with the groups twice a month. We encouraged the groups to schedule group activities in addition to the meetings, and to broaden their knowledge and exposure to different parts of the company so they could identify potential opportunities. Participant feedback indicated that getting input from mentors in the same affinity was very helpful.

Whether you create a general mentoring program or one based on affinity groups, best practices for your mentors and mentees are the same. Both mentor and mentees should be reminded of basic relationship skills: open and honest communication, active listening, being accessible, building trust, sharing knowledge and ideas, and working together to resolve differences. Here are some additional tips.

Mentor success tips:

Handle the awe factor. Make the mentee feel comfortable. Share times when you’ve made mistakes. Be enthusiastic and patient. Invite feedback.
Set expectations. Share your availability, preferred ways of communicating, and what you expect from the mentee in order for them to get the most out of the partnership.
Help with specific goals and plans. Encourage the mentee to develop a personal vision. Help them think of concrete goals based on their vision and a plan of how they’ll reach those goals.
Give feedback. Provide the mentee with frequent feedback, both positive and constructive. Help them measure progress.

Mentee success tips:

Ask questions. Ask for what you need in terms of knowledge, advice, guidance and information.
Keep your commitments. Arrive at meetings on time and prepared. Complete your action items.
Build trust. Communicate open and honestly. Respect confidentiality. Demonstrate a willingness to learn. Follow up and follow through.
Make the experience count. Keep a mentoring journal. Capture and reflect upon what you’ve learned and how you will apply the learning.