California Workplace Solutions

Our Workplace Solutions Division is committed to helping employers stay in compliance with the ever-changing California labor laws and use the finest workplace practices.  We want business owners to prevent claims whenever possible and protect their assets.

EMPLOYER COUNSELING.  Our team offers employer counseling on an as needed basis, or monthly with our streamlined Workplace Solutions Program.  This Program offers priority assistance to employers to help reduce the risk of common employee lawsuits and other claims, for a flat monthly fee.

We typically offer employer representatives such as owners and managers:

• Consulting and training on all aspects of the employment relationship, as issues or questions arise;
• Support and guidance on company decisions regarding sensitive employee relations matters such as hiring, job performance, management, attendance and time off/leave issues, employee grievances, progressive discipline, and terminations;
• Coaching on when and how to conduct internal investigations;
• Preparation or revision of unique forms, notices and other documents for personnel actions; and
• Creation of effective steps to handle crises, claims, government audits and other unanticipated events.

EMPLOYER DOCUMENTS.  We provide employee handbooks, policies, contracts, personnel and disciplinary forms, and correspondence to help reduce employer liability.

Our Employee Handbooks are customized to help businesses maintain compliance with the latest employment laws, to educate staff, and to reduce liability.  The Employee Handbook Package includes:  one (1) customized Company Handbook tailored to the Client’s industry, needs and specific workplace policies and procedures, plus over 39 tailored Personnel Forms.  Our Handbook Packages are available in English and Spanish. Click here to request more information.

Annual updated Handbooks are highly recommended as they incorporate new laws and provide a timely review of existing handbook policies.  We offer a reasonable annual fee for our Handbook Package update. Click here to request more information.

We also developed our own COVID-19 Prevention Program, including our supplemental IIPP (Injury Illness Prevention Program) binder and video with mandatory employee training, to satisfy the recent requirements of the Department of Industrial Relations. As of December 1, 2020, DIR regulations require every business with one or more employee in California to have this Program in writing and available on site for inspection by government agents.  Click here to request more information.

CRITICAL WORKPLACE TRAINING.
Our legal staff provides the critical training employers must have all employees attend under California law.

“Workplace violence” is defined broadly as any act of violence or threat of violence that occurs in a place of employment. Labor Code 6401.9 Workplace violence encompasses a spectrum of behaviors, ranging from verbal abuse and harassment to physical altercations and even assaults or active shoot situations. According to the Occupational Safety and Health Administration (OSHA), workplace violence is the second leading cause of fatal occupational industries in the United States.

California employers now have a legal responsibility to protect their employees from workplace violence. In 2023, Governor Newsom signed Senate Bill 553 into law which amended Labor Code sections 6401.7 and 6401.9 to require employers to develop and implement a Workplace Violence Prevention Plan (“WVPP” or the “Plan”). This new California law will affect almost all employers who must establish, implement, and maintain a WVPP by July 1, 2024. Click here to request more information

What must the Workplace Violence Prevention Plan include?
A WVPP must be in writing and easily accessible to employees. The Plan can be a stand-alone section within an existing Injury and Illness Prevention Plan (IIPP) or it can be a completely separate document. The Plan must identify the individuals responsible for implementing the Plan – especially the WVPP Administrator. The WVPP must include the following:

• Effective procedures for employee involvement in developing and implementing the plan.
• Procedures for employers to handle and respond to reports of workplace violence, while ensuring no retaliation against the reporting employee.
• Procedures to ensure compliance from employees, including supervisors.
• Procedures to communicate with employees regarding workplace violence matters.
• Emergency response protocols.
• Provisions for training employees on the Plan.
• Procedures to identify and evaluate workplace violence hazards that include inspections.
• Procedures to timely correct workplace violence hazards identified and evaluated.
• Procedures for post-incident response and investigation.
• Procedures that allow for plan review annually, when a deficiency is observed, or after a workplace violence incident.
• Procedures to maintain records, incident reports, and a violence incident log.
• Any other procedures necessary for employee health and safety.

Once the employer has developed the WVPP, the employer must implement the Plan and conduct interactive training for all employees. Employers must provide employees with initial training after the Plan is first established and must continue to conduct annual training thereafter. Training needs to cover the following topics:

• The employer’s Plan and how employees can obtain a free copy of the Plan.
• How to report workplace violence hazards and workplace violence incidents.
• Corrective measures the employer has implemented.
• How to seek assistance to prevent or respond to violence.
• Strategies to avoid physical harm.
• Information about the violent incident log and how employees can obtain a copy.
• Additional training if there is a new or previously unrecognized workplace violence hazard or when there are changes to the Plan.

Click here to request more information

Exceptions to the WVPP Requirements
The new California law does not apply to the following employers:

• Employers/healthcare facilities already covered by Cal OSHA’s Violence Prevention in Health Care Standards;
• Employees who telework from a location of the employee’s choice which is not under control by the employer;
• Employers who have only workplace locations which are not open to the public and where fewer than 10 employees at a given time are located; and
• Facilities operated by the Department of Corrections and Rehabilitation and other law enforcement agencies.

Our Services

Our team of attorneys, specializing in employment and labor law, has carefully crafted a Plan Solution and Tool Kit to help California employers like you comply with the extensive requirements and avoid citations or penalties as high as $100,000. Here are your pricing options:

• Our Do-It-Yourself Solution and Tool Kit includes a Questionnaire from our attorneys to guide your decision-making and compliance, the Workplace Violence Prevention Plan template with our expert input, and a video of Karen Sloat instructing you on how to complete and utilize the Questionnaire and Workplace Violence Prevention Plan template. Employers who purchase the Do-It-Yourself Solution and Tool Kit can get started right away with all the materials. If questions arise as you are filling out the Tool Kit, you can engage our firm at a reduced retainer amount.
• We also offer a separate Training Video for employers to show employees and supervisors, with “pauses” for input from a representative from your organization. Your representative will insert comments about the particular customized parts of your plan, after we describe the topic and the company obligations. With our Training Video content and your contemporaneous input, this Training Video satisfies the legal requirement for interactive training. If you already have a Workplace Violence Prevention Plan, but need only the required interactive training, you can purchase this video separately.
• You may prefer to order a complete Custom Workplace Violence Prevention Plan with our guidance, our staff time to incorporate tailored portions into your Plan, and personalized attorney advice (up to one hour). This package includes the Questionnaire, which you would complete, to help our attorneys and staff understand your workplace and the elements of your Plan. This package also includes the Workplace Violence Prevention Plan template that you and our attorneys will complete together, and a video by Karen Sloat instructing you on how to complete and utilize the Questionnaire and Workplace Violence Prevention Plan template. Finally, this package also includes the interactive Training Video for your employees and supervisors.

To learn more about each resource and which one is the best fit for your company, call the Law Office of Karen J. Sloat today! Click here to request more information

EMPLOYER REPRESENTATION AND DEFENSE.  Our Workplace Solution Division assists employers regularly with:

• Responses to Employee Records Requests
• Responses to Demand Letters
• Government Agency Issues, Inquiries, Hearings, Audits and Assessments
• Correspondence
• Forms/Complaints/Answers and Affirmative Defenses
• Mediations and Arbitrations
• Other Pre-Litigation Matters

Call us today for counsel on employment-related issues or to discuss how we can help you create business documents, including contracts, business handbooks, and training manuals, that will help you establish beneficial relationships with your workers.  Following the worldwide outbreak of COVID-19, our attorneys have worked with businesses to establish best practices and office standards so that those employers can return to work without exposing themselves to new and unprecedented legal risks.  Call us at 760-779-1313 for a consultation with one of our employment law attorneys.

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