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NOVEMBER 2018

 

In This Issue:

New California Law Requires Harassment Training For All Employees

By Jenna Reed, JD, General Counsel and Director, Compliance Services
Cascade Employers Association
[email protected]

California’s governor recently signed SB 1343 which requires employers with five or more employees to provide harassment training to all employees by January 1, 2020. The current law requires employers with 50 or more employees to provide two hours of harassment training only for supervisors. The new law requires two hours of harassment training for supervisors and one hour of harassment training for non-supervisors.

Here are the highlights of the new law:

  • Two hours of harassment training for supervisors and one hour of harassment training for non-supervisors.
  • The training must be completed within six months from the date of assuming a supervisory role or the date of hire for non-supervisors.
  • Training must be completed by January 1, 2020 and every two years thereafter.
  • The training may be completed by employees individually or as part of a group presentation, and may be completed in shorter segments, as long as the applicable hourly total requirement is met.
  • Beginning January 1, 2020, for seasonal and temporary employees, or any employee that is hired to work for less than six months, an employer shall provide training within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first.

What should you be doing now? If you have five or more employees in California, you will need to complete company-wide harassment training before January 1, 2020. The training provided must include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment in employment.

The training and education shall also include practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation. You will also likely need to update your handbook policies and comply with the law’s posting and notice requirements.

Even if you don’t have employees in California, we’re always keeping an eye on what’s happening down there as an indicator of what may be coming. Although harassment training is not mandatory in Oregon, you might as well pretend like it is and get your company-wide training scheduled, too.

Feel free to contact us to discuss your training options.

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Five Things You May Not Know About SMART –
Featured Member

By Gayle Gilham, President
Cascade Employers Association
[email protected]

 SMART logoThis nonprofit’s vision is an Oregon where every child can read and is empowered to succeed. Did you know...

  1. In 1991, a group of concerned business leaders came together to address the troublesome reality that Oregon’s children were routinely reading below grade level. As a result, the SMART (Start Making a Reader Today) program was launched in 1992.
  2. Over the years, SMART has steadily grown to become the state’s largest volunteer-driven nonprofit organization devoted to children’s literacy. Their proven model engages community volunteers to read one-on-one with pre-K through third-grade children for one hour per week during the school year, exhibiting the joy of reading, while supporting the child’s efforts to read independently. Students also receive up to 14 new books to take home and keep each year.
  3. SMART has now served more than 211,000 children and given away over 2.5 million books. More than 134,000 volunteers have logged over 4.2 million hours reading with children across the state.
  4. In 2016-17 SMART celebrated its 25th anniversary with the release of the publication Oregon Reads Aloud, a collection of 25 read-aloud stories written and illustrated by Oregon authors and illustrators.
  5. SMART invites individuals – volunteers, educators, parents and former students – to share their stories. Here’s what one student had to say: “I was an early reader, but standardized tests in third grade brought to my teacher’s attention that I wasn’t comprehending the way I should. Mrs. Jordan worked with me for an hour a week, and by the third grade, I was reading at an eleventh grade level. I’m living proof that one person can make a huge difference in a child’s ability to read and learn.”

Cascade is proud to showcase SMART. This year the program will serve more than 11,000 kids, taking more than 5,000 volunteers across the State to make it happen. SMART is currently recruiting volunteers to donate an hour of time a week to ignite a love of reading and books in children throughout Oregon’s communities. If this is where you would like to spend the best hour of your week volunteering to make a difference, sign up here: www.getsmartoregon.org.

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Hot Compliance Question

By Jenna Reed, JD, General Counsel and Director, Compliance Services
Cascade Employers Association
[email protected]

Question: Under Oregon’s Sick Leave law, do I have to pay a shift differential to an employee that calls in sick?

Answer:  If an employee is paid multiple rates, such as being paid a shift differential, they must be paid the wages they would have been paid, if known, or the weighted average of all regular rates of pay during the previous pay period.

In your case, if the employee was scheduled to receive a shift differential on a day they called in sick, then that must be included.

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HR Stats You Should Know

By Jenna Reed, JD, General Counsel and Director, Compliance Services
Cascade Employers Association
[email protected]

50%. So far in 2018, the EEOC has reported a 50% increase in sexual harassment suits compared to 2017 and a 12% increase in charges. Further, it has recovered almost $70 million for victims of sexual harassment compared to $47.5 million in 2017.

If you’ve been putting off scheduling your company-wide harassment training, these statistics might help persuade you. Ready to schedule your training? Just contact us.

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Overtime Rule Delayed Until Early 2019

By Jenna Reed, JD, General Counsel and Director, Compliance Services
Cascade Employers Association
[email protected]

The Department of Labor (DOL) set a new timeline for its plans to propose new rules regarding the salary threshold for employees to be paid overtime. As part of its regulatory agenda, the DOL announced it intends to propose the new rules in March 2019.

The current salary threshold is $23,660 and it is expected that the DOL will propose a new threshold between $32,000 and $35,000. As a reminder, a new overtime rule was set to take effect in 2016 which would have increased the salary threshold to $47,476. However, that rule was blocked by a court order.

There continues to be a lot of controversy over this rule and whether the salary threshold established in 2016 will be defended and upheld, or if a new rule with a lower threshold will be established. We will continue to update you as this progresses.

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