Before you take on those summer employees, make sure you are educated on the rules and regulations concerning underage workers! With summer coming up, you may be looking to hire some seasonal workers to help you around your park. You may even have friends or relatives calling to let you know that their child is available for the summer to give you a hand! While this is great news for you and your park, make sure you are familiar with California’s child labor laws before you start hiring. California Outdoor Hospitality Association has partnered with CalChamber to bring you a new edition of our White Papers on child labor laws in California. This document covers the laws and provisions of juveniles in the work force both during the school year and on days that students are not in school, including holidays. We also have a breakdown of both California and Federal laws by age group and categories such as wages, hours of work, and exemptions. While it may seem great to take on a younger worker to help you with the ins and outs of your park, be sure that you are aware of the laws and provisions associated with hiring minors. If you are caught not adhering to these requirements, you could face fines, imprisonment, or both. Check out the CalOHA document library to learn more about child labor laws & provisions in California!
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During the final stretch of days leading up to the September 30 deadline, CA Gov. Gavin Newsom signed several labor and employment bills into law. Two of those were concerning the expansion of Leave of Absence regulations in businesses with five or more employees. AB 1041 expands the definition of who an employee can take a leave of absence to care for to include a “designated person”. The term “designated person” is defined though the bills as “any individual related by blood or whose association with the employee is the equivalent of a family relationship”. The change pertains to both the California Family Rights Act, and California’s paid sick leave law. The bill allows employers to identify the designated person at the time of the request and limit an employee to one designated person per 12-month period. AB 1949 also amends the California Family Rights Act to include bereavement leave as a protected leave of absence. Under the bill, employees may take up to five days of bereavement leave following the death of a family members. Family members that are covered by AB 1949 include a spouse, domestic partner, child, parent, parent-in-law, sibling, grandparent, or grandchild. The leave of absence must take place within three months of the family members passing and employers may require documentation of the death to support the leave approval. Bereavement leave may be unpaid, but employees can elect to use their available existing leave such as PTO, vacation, or sick leave accruals. Both of these newly signed bills go into effect January 1, 2023. One of CalOHA most utilized programs is our Legal Hotline, but did you know that we offer an ADA Hotline and Certification Program that is just as valuable? Much like our Legal Hotline Program, the ADA Hotline will assist members with questions related to disabled visitors and the park's responsibilities. Members will receive unlimited, single-subject calls to our ADA specialist. But that’s not all! We can also help set your park up with a CASp inspection. The Certified Access Specialist (CASp) program was created by Senate Bill 262 (Chapter 872, 2003) and is designed to meet the public's need for experienced, trained, and tested individuals who can inspect buildings and sites for compliance with applicable state and federal construction-related accessibility standards. The CASp program is governed by Title 21 Voluntary Certified Access Specialist Program Regulations. Having a CASp inspection done at your property can help you avoid litigation costs, and also demonstrates your business' commitment to its disabled customers. Many of the accessibility issues in parks are not expensive to fix, and simply having a CASp certificate displayed in your office can help ward off the "drive-by lawsuits”. If you have questions or concerns about your parks ADA compliance, don’t wait until it’s too late, address them today. Complete the ADA hotline form below or contact the CalOHA office for more information on having your park reviewed by a Certified Access Specialist. California’s employment laws are constantly evolving, and while most of these changes are implemented at the beginning of the calendar year, there are plenty of new statues, regulations and cases going through court setting new precedents that laws can quicky change midyear without employers’ realization. To keep employers up to date on all the changes that have been implemented so far this year, CalChamber has released their “2022 Midyear Employment Law Update” white paper. This informative packet is available to CalChamber members and nonmembers alike and contains everything you need to know about recent modifications to California’s Employment Laws. |
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