It has been a great year for the association. We appreciate the continued opportunity to serve our members!

As an association we strive to keep you up-to-date on relevant information for your business. 
Here are some important articles for your business that you may have missed.

Are you Prepared for the New Sexual Harassment Prevention Laws?

Rounding Hours Worked – There is a Better Way

Refreshed CALSAGA Training Materials are Now Available

Announcement of 2019-2020 CALSAGA Board of Directors and Annual Conference Recap

Creating an Emergency Action Plan Before Disaster Strikes

As an association we strive to keep you up-to-date on relevant information for your business. Please review the following important information below from CALSAGA Network Partner Bradley & Gmelich.


by Jaimee K. Wellerstein, Esp.

Arin Norijanian, Esq.

California employers are required to pay their non-exempt (hourly) employees for all hours worked.  They must also keep accurate wage statements and time records that correctly state the total hours worked by the employee. To comply with California’s timekeeping laws, many employers round employees’ clock-in and clock-out times to the closest quarter hour, tenth of an hour, or other interval. In the past, these “rounding” policies invited numerous lawsuits where employees claimed, often successfully, that they were not paid for all time worked.

On June 25, 2018, California’s Second District Court of Appeal upheld an employer’s rounding policy and practice in AHMC Healthcare, Inc. v. Superior Court. In doing so, the Court affirmed the Ninth Circuit Court of Appeals’ prior ruling, and expanded upon the criteria used to determine whether a rounding policy is neutral in practice, and thus lawful.

In AHMC Healthcare, the Court determined that the employer’s rounding policy was lawful. With regard to the policy, all employee time punches were rounded to the nearest quarter-hour, regardless of whether the employer benefited or not. The Court also noted that the rounding was neutral in practice, as evidenced by the results in a statistical study. Although some employees were undercompensated, most employees (approximately 52%) were overcompensated. The Court thus found that the rounding system “did not systematically undercompensate employees over time.”

Employer takeaway:

The good news for California employers is that rounding is lawful in California if the employer’s rounding policy is neutral on its face and in practice,  not resulting in an overall loss of pay for the employees.

The bad news is that although rounding is lawful, rounding policies may always invite legal challenges in California. Without careful analysis of the company’s rounding policy and practice, and whether it results in overall undercompensation or overcompensation to employees, rounding policies could still result in liability to employers.

The safest thing to do is to pay based upon actual time worked by the employee.  Employers will never be penalized or face a potential lawsuit for undercompensation claims for rounding.

Nevertheless, when utilizing a rounding policy, the best practice is to regularly review the Company’s policy and practice, and the impact on the employees to ensure the policy is neutral on its face, and the practice does not result in overall under compensation of employees.

Please contact Bradley & Gmelich LLP if you have any questions.

Jaimee K. Wellerstein is an experienced litigator with a broad spectrum of experience upon which to draw.  As the head of the firm’s employment team, she concentrates her practice in representing employers in all aspects of employment law, including defense of wage and hour class actions, discrimination, retaliation, harassment, and wrongful discharge lawsuits.  She also provides employment counseling and training in all of these areas. Ms. Wellerstein routinely represents employers in federal and state courts and in arbitration proceedings throughout the state, as well as at administrative proceedings before the Equal Employment Opportunity Commission, the California Department of Labor Standards Enforcement, the United States Department of Labor, and other federal and state agencies.

As a civil litigator, Ms. Wellerstein has represented clients from Fortune 500 companies to governmental agencies to small businesses throughout each stage of litigation. In addition to her employment law experience, she has honed her expertise in cases involving general tort litigation, premises and products liability, security guard litigation, public entity work, and contract disputes.



Arin Norijanian has successfully represented employers in lawsuits involving sexual and racial harassment, disability discrimination, retaliation, and wrongful termination in both California and federal courts and in private arbitration. His clients have benefited from his significant knowledge of the wage and hour laws in California, and his experience in defending these types of cases, including his excellent work on numerous and varied wage and hour class actions over the last several years.

Mr. Norijanian enjoys an excellent reputation as an employment litigator and a sound and prudent legal advisor in workplace labor matters. His experience in the employment arena includes conducting internal investigations, negotiating with labor bargaining units, and conducting training sessions for human resources personnel. Additionally, he provides advice and counsel to employers on various employment-related issues, including workplace investigations, disciplinary matters, leaves of absence, severance agreements, and review of policies.

As an association we strive to keep you up-to-date on relevant information for your business. Please review the following important information below from CALSAGA Network Partner Anne Laguzza of The Works Consulting.

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Be Prepared for the New Sexual Harassment Prevention Laws
It’s time to expand sexual harassment prevention training for all California employers. Effective January 1, 2019 SB1343 requires all employers with 5 or more employees to provide sexual harassment prevention training to all employees. The deadline for compliance with the initial training requirement is January 1, 2020.

While providing some type of training to all employees has always been recommended as a “best practice” – it will now be a requirement. Prior to this change, only employers with 50 or more employees had a requirement to train supervisory employees.
Under the new law employers must provide:
Supervisory employees with 2 hours of training every 2 years
Nonsupervisory employees with 1 hour of training every 2 years
Both supervisory and nonsupervisory employees must be trained within 6 months of hire (or promotion in the case of a supervisor).

Beginning January 1, 2020, seasonal and temporary employees, or any employee that is hired to work for less than 6 months must receive sexual harassment prevention training within 30 days of hire or within 100 hours worked, whichever occurs first.  If the temporary employee is employed by a temporary services employer, the temporary services employer is responsible for the training, not the client.

As required under existing law, the training must be interactive, include information on state and federal laws, provide practical examples for supervisory and nonsupervisory employees, provide clear guidance on reporting concerns and prohibited retaliation and it must include a component on the prevention of abusive conduct in the workplace as well as information on harassment based on gender identity, gender expression, and sexual orientation. The training must be provided by facilitators who have knowledge and expertise in harassment, discrimination and retaliation.

Employers should create their training plan now to meet the 2020 deadline.  Employers can choose the method of training that best suits their workplace such as large workshops, small round table sessions or webinars. The Department of Fair Employment and Housing (DFEH) is required to provide training materials as part of this new law and employers may want to evaluate those resources, including online training courses available to employers in English and several other languages.  An updated poster and fact sheet will also be available from the DFEH to all employers.

Beyond the training, find ways to reinforce the laws in your workplace through well-written policies, ongoing communication with your teams and taking action when a complaint is received.

Anne L. Laguzza, M.A.
Chief Executive Officer
The Works Consulting

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Read more from The California Department of Fair Employment and Housing: Sexual Harassment and Abusive Conduct Prevention Training Information for Employers