This Bulletin is part of an ongoing series by Kraeber Law Office to provide helpful hints about developments in the law that could be relevant to your business.
DID YOU KNOW?
1. Cal/OSHA Heat Illness Prevention Standards
- Outdoor Standards: Apply to all outdoor workplaces. Shade is required when temperatures exceed 80°F, and workers must have access to fresh, cool water.
- Indoor Standards: Apply when indoor temperatures reach 82°F or higher. A cool-down area must be maintained below 82°F.
- Heat Illness Prevention Plans: Employers must establish and maintain written plans for both outdoor and indoor settings, detailing procedures for water access, shade, cool-down areas, and training.
- Rest Periods: Encourage cool-down breaks for outdoor workers; indoor workers may request them.
- Monitoring: Outdoor temperatures must be monitored, while indoor workplaces need to assess temperatures at 87°F.
- Training: Provide heat illness prevention training for all employees.
2. Final Paycheck Regulations
If an employee resigns and provides at least 72 hours' notice, the employer is obligated to issue their final paycheck on the employee’s last day of work. If an employee is terminated, the final paycheck is due on the day of termination. Failure to comply can result in large penalties.
3. New Retaliation Presumption Since January 1, 2024
Any adverse action (termination, demotion, etc.) taken against an employee within 90 days of a protected activity will be presumed to be retaliatory. Employers may defend by demonstrating that the adverse action was motivated by a legitimate, nonretaliatory reason.
Contact us with any questions or concerns. We’re here to help.
Rhonda Kraeber