Category Archives: sexual harassment prevention training

4th of July Discount – Employment Law and HR Consultation

Celebrate the 4th of July with a 25% Discount on Our Most Popular Plan!

Employment Law and HR Consultation

Starts at only $187/month and includes the following:

Employment Law, Human Resource and Business Management Consultation

plus

Online Harassment Prevention Training for Entire Staff

and

Up-to-Date Employee Handbook

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Unlimited Virtual Employment Law, Human Resource and Business Management Consultation – All clients enrolled in one of our affordable consultation plans receive employment law, human resource and management advice and counseling from our staff of experts. Clients call or email our in-house, licensed California attorneys and human resource and MBA consultants as often as they need to for answers to questions and strategic advice.

No Hourly Fees and No Time Limits – There is no limit on the number of times consulting service clients can call or write during the year and no time limit on how long clients can talk with our team of experts. Clients never have to worry about calling or writing too much – we want our clients to get all the help they need!

We know you have questions in these unprecedented times. The law is constantly changing and you need to be able to focus on the success of your business while keeping yourself and your family healthy. Whether you have questions about the new leave laws, layoffs, employees working remotely, or more, we can help.

Our solutions let you focus on what you do best – while we take care of the rest!

About Us

The Law and Management Resource Center (LMRC) is an employment law, human resource and business management consulting and training firm. LMRC works with human resource professionals and representatives of businesses and organizations of all sizes and industries.

A Professional Team You Can Trust – Includes Experienced California Attorneys!

Our employment law and human resource services are provided by in-house, licensed California employment law attorneys who are also experienced human resource executives. California laws are unlike any other, which is why it’s imperative to not just work with an attorney, but with a California attorney.

While our attorneys possess years of courtroom experience, our goal is to help keep our clients out of court through strategic counseling, education and information. Our consultation services are not provided as a feeder to a litigation department.

Help with business management needs is fulfilled with the additional expertise and knowledge of an MBA consultant.

California businesses do business with us because they know . . .

education and information help prevent litigation and promote success in an organization

Our Remote/Virtual Services

LMRC can be your remote/virtual HR department or an essential resource to your current staff of HR professionals. We offer affordable annual consultation plans, online and in-house training (including harassment prevention, employment law, management skills), document drafting and review (including employee handbooks, contracts, forms and policies) and hourly and project-based HR department and business management services.

Your One-Stop-Resource for employment law, human resource and business management needs!

Why is LMRC So Popular?

Contact us at info@lmrcenter.com or (858) 376-7737.

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COVID-19 Antibody Testing of Employees in California

COVID-19 Antibody Testing of Employees

covid 19 antibody testing employees california

According to recent regulatory guidance issued by the Equal Employment Opportunity Commission (EEOC), employers are prohibited from mandating that employees take a COVID-19 antibody test prior to returning to work. The EEOC guidance states that mandating such testing would violate the Americans with Disabilities Act (ADA). The EEOC regulatory guidance pertains to antibody or serology tests to determine whether a person was infected with COVID-19 (regardless of whether they are asymptomatic) and have developed antibodies to the virus.

This EEOC regulatory guidance coincides with a recent policy directive issued by the Center for Disease Control and Prevention (CDC) which stated that antibody testing should not be used to determine if an individual is immune to COVID-19 and/or to make a decision to allow workers to return to their worksite.

In issuing the regulatory guidance, the EEOC stated that requiring employees to submit to a COVID-19 antibody test prior to returning to the workplace would violate the ADA since antibody testing under the ADA constitutes a medical examination. Furthermore, the EEOC stated that such mandated antibody testing would not be exempt under the ADA’s “job related and consistent with business necessity” exemption which allows medical exams or inquiries of current employees.

This recent regulatory guidance overturns a prior guidance issued by the EEOC in which it had stated that employers were permitted to administer COVID-19 viral tests to employees prior to allowing them to return to work in order to determine if the employees were actively infected with the virus.

In overturning its prior regulatory guidance, the EEOC stated that antibody and viral tests are separate and distinct types of tests and that viral tests are permissible while antibody or serologic tests are prohibited under the ADA because the CDC has concluded that antibody testing has certain limitations, including the potential for false positives and a lack of data regarding whether the presence of antibodies validates the immunity of a person to COVID-19 for a period of time.

Employers are advised to continue to monitor guidance on this topic, as the EEOC has stated it may adjust its regulatory guidance on this issue as it continues to monitor recommendations issued by the CDC.               

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Affordable Online Discrimination and Harassment Prevention Training in California

Do You Know Who California Employers Trust for 

Harassment and Discrimination Prevention Training?

We Do . . . Because They Tell Us . . . It’s US!

discrimination prevention training, harassment prevention training

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San Diego’s “Go-To” Trainers for Those Seeking to 

Prevent Harassment and All Forms of Discrimination

For years, employers recognizing that a positive work environment promotes enhanced morale and increased productivity have been taking advantage of LMRC’s training to help their employees prevent harassment, discrimination and bullying.

Now, You Can Take Advantage of Our “Buy 1 – Get 1 Free” Discount!

Only $11 per Employee and $21 per Supervisor!

online harassment prevention training, online discrimination training

The Benefits of Our Online Training:

  • Accessible via computer, tablet and smartphone 24/7 from anywhere with internet access.
  • Individuals can complete training at their own pace.
  • Start, pause and pick-up where stopped feature included.
  • Completion of training is tracked for employers.
  • Certification – both attendees and employers receive certificates of completion demonstrating compliance with the law
  • Qualified Trainers – our training was developed by our own experienced, in-house California employment law attorneys and professional educators who meet the legal trainer requirements.

Take Advantage of this Great Deal before it Expires on June 26, 2020

Employee (non-supervisor) 1-Hour Training – 2 for $22 = only $11 per person

Supervisor 2-Hour Training – 2 for $42 = only $21 per person

Buy extra programs now at discounted cost and save for use later!

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Interested in More?

Consider our Most Popular Employment Law and HR Consultation Plan

2 Months FREE with Your Annual Virtual Employment Law and HR Consultation Plan –

Starting at only $104/month for New Clients

The Law and Management Resource Center (LMRC) is an employment law, human resource and business management consulting and training firm. LMRC works with human resource professionals and businesses and organizations of all sizes and industries. LMRC offers affordable annual consultation plans, training (including harassment prevention, employment law, management skills, interviewing and presentation skills), document drafting and review (including employee handbooks, contracts, forms and policies) and hourly and project-based HR department and business management services.

Discounts Expire June 26, 2020

Contact us at info@lmrcenter.com or (858) 376-7737.

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Legal Concerns Due to COVID-19 in California

BUCKLE YOUR LEGAL SEATBELT . . .

THE ROAD TO THE COURTHOUSE IS GETTING CROWDED

COMMON EMPLOYER PRACTICES – WHAT ARE THE RISKS?

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Employers should prepare for an increase in litigation and proceed with diligent attention to compliance with employment practices required prior to the COVID-19 pandemic and new requirements arising out of the pandemic. Following is a review of some of those practices.

Exempt Employee Pay and Status Requirements

In response to the pandemic, many employers furloughed and laid off employees. A practice employed by some employers has been to ask exempt employees to work reduced schedules (e.g., working every other week, working less days each week, working less hours each day).

Work During Time Off

In some instances, exempt employees are asked to perform some work during time off. In other instances, employees unilaterally decide to perform some work during time off to ensure responsibilities are met without interruption. Employers must be mindful of the requirement that an exempt employee receive a full week of pay if the employee works any part of a work week – any part at all! A failure to provide timely payment can also result in penalties, and they can add up quickly! Thus, it is vital to ensure that no work is performed by an exempt employee in a work week during which the employee is supposed to be on furlough. Employees should be aware that working while furloughed can also impact unemployment benefits.

Reduced Salaries

With less or no revenue for months, some employers may have reduced or considered reducing the salaries of exempt workers. It is essential that the salaries of these workers continue to meet the minimum required thresholds, however, for an employer to continue to classify and treat these employees as exempt.

Exempt Job Duties

Another common practice undertaken by employers during the pandemic has been to expand the job duties of exempt employees to ensure work typically performed by workers who were furloughed or laid off still gets done. Employers should be reminded of job duty tests that must be met for exempt employees to be classified as exempt (e.g., more than 50 percent of the employee’s time must be spent performing exempt duties). It is important that employers ensure that modified and/or additional duties do not reduce the overall duties to be performed by the employee below the “more than 50%” threshold, for this could jeopardize the employee’s exempt status. In addition, as a result of an employer laying off or furloughing employees, individuals classified as exempt under the executive exemption may no longer be customarily and regularly directing the work of two or more other employees. Changes may be required and those employees may need to be reclassified and treated as nonexempt employees.

Overtime Calculations – Hazard Pay, Bonuses and Incremental Pay Increases

Some employers have provided nonexempt employees with hazard pay, bonuses or incremental pay increases to reward workers reporting to work during the pandemic. It is important for employers to consider the implications these pay increases might have with respect to overtime pay, as various forms of additional pay that may be provided to a nonexempt employee must be included in the calculation of any overtime pay.

Remote Work

Stay-at-home orders forced many employers seeking to continue operations to rework how their employees work. Many employees are now working from home. The fact that an employee is working from home does not change an employer’s responsibilities to comply with employment laws, including laws relating to wages, proper record maintenance, workers’ compensation coverage and other required benefits.

Employers must also comply with local ordinances that cover individuals performing work within certain geographic parameters. For example, employees working from home may be entitled to higher hourly wages and increased paid sick leave as a result of their home being located within an area covered by a city ordinance. Failure to provide wages in compliance with these ordinances could lead to claims for unpaid wages, penalties and more.

Employers must also be certain to reimburse employees for expenses incurred in the performance of work at home. California Labor Code Section 2802 requires that an employer indemnify an employee “for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties…”

Employees must also comply with notice requirements applicable to remote workers.

Documentation and Recordkeeping Requirements

With new laws come new requirements related to documentation and maintenance of records. It’s important to know what documents are required, which documents must be provided, which ones cannot be requested and for how long records must be kept.

COVID-19 Screening

To prevent the spread of the Coronavirus, employers are screening employees for COVID-19 symptoms prior to employees entering the worksite. Employers should be aware that time spent by employees awaiting screening and during the screening should be treated as compensable time. Claims for unpaid work time and penalties could be just around the corner! The likelihood of claims being filed under the Private Attorneys General Act (PAGA) through which an employee can file claims on behalf of other employees significantly increases the risks of noncompliance, too.

Discrimination

Employers must also be aware of the potential for claims of discrimination. Although COVID-19 is not necessarily a covered disability because it is transitory in nature, an employer could still be held liable for discrimination if it fails to engage in the interactive process required by laws enacted to prevent disability discrimination. Employers must not overlook this obligation. The law leaves no room for automatic assumptions or denials.

Age, race and gender discrimination claims may also be filed by individuals who have lost employment.

Workers’ Compensation, Negligence, Gross Negligence, Retaliation, Wrongful Termination and More

Employers should also be attentive to preventing other potential claims, including:

  • workers’ compensation claims if employees become infected with COVID-19;
  • claims alleging negligence of gross negligence, and failure to take necessary steps to protect employees and customers from exposure to COVID-19; and
  • claims of retaliation and wrongful termination by employees who refuse to report to work because of fear of exposure to COVID-19 at the workplace.

The List Goes on . . . So, Buckle Up your Legal Seatbelt

The Road to the Courthouse is Winding and It’s Getting More and More Crowded!

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COVID-19 – Effect on Employment Law in CA

Effects of COVID-19 on California Employment Law

Test Your Knowledge – COVID-19 Stay-at-Home Edition #3

Find Out How Much You Know… and How Much More There is to Learn

    1. True or False: Although emergency family and medical leave pursuant to the Families First Coronavirus Response Act (FFCRA) is not available to an employee for purposes related to school closure once the employee’s child’s school is closed for summer vacation (in contrast to closure due to COVID-19), an employee may be eligible to take leave under the FFCRA if the employee’s child’s summer care provider (e.g., a camp in which the child was enrolled) is closed/unavailable because of COVID-19.
    2. True or False: Employers of less than 50 employees may claim an exemption to the requirement to provide child-care related paid sick leave and the expanded family and medical leave mandated by the FFCRA if an authorized officer of the business determines that providing such leave would jeopardize the viability of the business as a going concern.
    3. True or False: If a business has an employee working remotely from home and the home is located within the boundaries of a city that has requirements that differ from where the business is located, the business may be required to comply with the requirements applicable to the city where the employee lives (e.g., business is located in Poway, but employee lives within the boundaries of the City of San Diego, which has enacted ordinances that require a higher hourly minimum wage and more paid sick leave than the State of California requirements).

    FYI – The following cities have local ordinances (Note: Los Angeles has a city and county ordinance).

counties list

For answers to the questions above, click here: Test Your Knowledge

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COVID-19 CA Questions

Effects of COVID-19 on California Employment Law

Test Your Knowledge – COVID-19 Stay-at-Home Edition #2

Find Out How Much You Know… and How Much More There is to Learn

  1.  True or False: An employer and employee can agree to the employee taking intermittent emergency paid family leave provided for by the FFCRA if the employee’s child’s school is closed due to COVID-19 and the employee is not able to work or telework on an intermittent basis because of the school closure (e.g., two days each week through the end of the school year).
  2. True or False: The final paycheck of an employee whose employment is terminated between April 1, 2020 and December 31, 2020 must include compensation for unused FFCRA emergency paid sick leave time.
  3. True or False: Although the FFCRA only covers emergency paid sick or family leave taken between April 1, 2020 and December 31, 2020, an employee who missed work time and lost pay prior to April 1, 2020 due to a reason covered by the FFCRA is entitled to compensation for that missed time.

For answers to the questions above, click here: Test Your Knowledge

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COVID-19 and California Employment Law

Effects of COVID-19 on California Employment Law

Test Your Knowledge – COVID-19 Stay-at-Home Edition #1

Find Out How Much You Know… and How Much More There is to Learn

  1. True or False: According to Division E of the Families First Coronavirus Response Act (FFCRA), an employer can require that an employee use accrued paid sick leave time, vacation time and/or PTO prior to requesting emergency paid sick leave under the Emergency Paid Sick Leave Act (EPSLA).
  2. If an employee who typically works 45 hours per workweek is required to miss two weeks of work to self-quarantine due to COVID-19, the employee may be eligible for ___ hours of emergency paid sick leave under the EPSLA.
  3. True or False: An employee is not eligible for FFCRA paid leave if the employee’s employer is not offering the employee any work time, regardless of whether the reason for the lack of available work time is a federal, state or local government stay-at-home order or another reason.

For answers to the questions above, click here: Test Your Knowledge

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San Diego Covid-19 Update

San Diego County Covid-19 Update

San Diego County has updated its COVID-19 related orders as follows:

“Starting Monday, April 27, the following will be allowed in the ocean and bays: swimming, surfing, paddelboarding and kayaking. Recreational boating is still banned.

However, each city is responsible for deciding whether to open its beaches. Check before visiting.

Beach parking lots need to remain closed.

Starting May 1, some restrictions will be relaxed for parks and golf courses if they can enforce social distancing. Operators of a park or golf course need to create and post a plan for how they will do that. If they maintain social distancing:

  • Parks can reopen parking lots, with limitations.
  • Park visitors can sit, lie down, picnic if they practice social distancing.
  • Members of a family or household can play active sports, such as basketball.

Starting May 1, everyone must wear face coverings anywhere in public they come within 6 feet of another person.”

For more information, click here: San Diego County – Coronavirus Disease 2019

About Us

The Law and Management Resource Center (LMRC) is an employment law, human resource and business management consulting and training firm. LMRC works with human resource professionals and businesses and organizations of all sizes and industries. LMRC offers affordable annual consultation plans, training (including harassment prevention, employment law, management skills, interviewing and presentation skills), document drafting and review (including employee handbooks, contracts, forms and policies) and hourly and project-based HR department and business management services.

For more information, call us at (858) 376-7737 or click here: Email

If you would like to receive our email updates in this ever-changing situation, please click here to sign-up for our email list or click here to email us directly.

 

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Online Harassment Prevention Training – Train Your Staff at Home

Online Harassment Prevention Training – Your Entire Staff Can Complete at Home

Now is a Good Time to Complete Training

Businesses and employees are dealing with challenging times. Many employees are teleworking and many are experiencing reduced work hours.

We’re doing what we can to make completing harassment prevention training requirements easy and affordable.

Take Advantage of Our “Buy 1 – Get 1 Free” Discount!

Only $11 per Employee and $21 per Supervisor!

San Diego’s “Go-To” Trainers for Employers Seeking to Prevent Harassment

  • Cost – Best available pricing!
  • Qualified Trainers – Our attorneys meet the qualification requirements established by California law.
  • Certification – Both attendees and their employers receive certificates of completion demonstrating compliance with the law.

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The Benefits of Our Online Training:

  • Accessible via computer, tablet and smartphone 24/7 from anywhere with internet access.
  • Individuals can complete training at their own pace.
  • Start, pause and pick-up where stopped feature included.
  • Completion of training is tracked for employers.

Buy extra programs now at discounted cost and save for use later!

Take Advantage of this Great Deal before it Expires on May 1, 2020

Employee (non-supervisor) 1-Hour Training – 2 for $22 = only $11 per person

Supervisor 2-Hour Training – 2 for $42 = only $21 per person

guyoncompt

For years, employers recognizing that a positive work environment promotes enhanced morale and increased productivity have been taking of advantage LMRC’s training to help their employees prevent workplace harassment, discrimination and bullying.

Our training was developed by our experienced, in-house California employment law attorneys and professional educators who meet the legal trainer requirements.

Wondering if We Are the Right Choice for Your Training?

Here’s an example of the type of reviews our attorneys receive…

harassment prevention training san diego, online harassment prevention training

Interested in More?

Consider our Most Popular Employment Law and HR Consultation Plan

2 Months FREE with Your Annual Virtual Employment Law and HR Consultation Plan –

Starting at only $104/month for New Clients

Contact Us for Details and Complete Information – Discounts Expire May 1, 2020

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Contact us at info@lmrcenter.com or (858) 376-7737.

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san diego coronavirus, ffcra, california coronavirus, hr california, employment law california

Answers to More than 75 Questions on FFCRA

Families First Coronavirus Response Act (FFCRA)

Answers to More Questions . . .

Department of Labor Q & A Page Updated – More than 75 Questions Now Answered

The U.S. Department of Labor (DOL) has continued to update its Questions and Answers page to provide official answers to common questions relating to the emergency paid leave legislation enacted into law last month.

Check out the latest questions and answers by clicking here: FFCRA Questions and Answers

About Us

The Law and Management Resource Center (LMRC) is an employment law, human resource and business management consulting and training firm. LMRC works with human resource professionals and businesses and organizations of all sizes and industries. LMRC offers affordable annual consultation plans, training (including harassment prevention, employment law, management skills, interviewing and presentation skills), document drafting and review (including employee handbooks, contracts, forms and policies) and hourly and project-based HR department and business management services.

For more information, call us at (858) 376-7737 or click here: Email

If you would like to receive our email updates in this ever-changing situation, please click here to sign-up for our email list or click here to email us directly.

 

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