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published on May 12, 2017 - 11:12 AM
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The role of a human resource manager can be daunting. Every hour, break and lunch period for every employee must be accounted for and leave of absences closely monitored to abide by a variety of state and federal laws.

Compounding the day-to-day duties of HR, these professionals are also tasked with staying up to date on recent legislation. For HR departments at small businesses and nonprofits, this can be particularly challenging. That is where organizations like the Society for Human Resource Management (SHRM) step in.

Jeff Esraelian, the president of Central California’s SHRM chapter and the director of human resources at the Marjaree Mason Center, said part of SHRM’s mission is to help HR professionals navigate the myriad of government regulations coming down the pipeline. In California, the networking SHRM provides is even more imperative, he said.

“While federal issues, like what’s going on with the ACA (Affordable Care Act) are certainly hot topics from an HR perspective, the biggest difficulty in HR is staying on top of everything because the dynamics are such that while there is all this stuff at the federal level, there are also things at the state level that supersede those,” Esraelian said. “There is a joke that goes like this: if you want to be an HR professional, don’t do it in California. It’s just far too difficult. Most of us keep our eye on Sacramento more than on Washington DC.”

CalSHRM Government Affairs Director Michael Kalt, who works as a partner at Wilson Turner Kosmo LLP in San Diego, said this year has been an exceptionally difficult year to navigate for HR professionals, as the blue state capital wrestles with Republicans in DC.

“California has always had its own set of regulations, but right now it’s not just that California is different — it’s like California is at war with the federal government,” Kalt said.

With a super majority currently held by Democrats in Sacramento, Esraelian said the push for legislation has become “a runaway train” even Governor Jerry Brown can’t halt since his veto power can be overruled.

“Basically, there were an ungodly number of bills that came across the Governor’s desk last year,” Esraelian said. “I don’t even know what the exact number is, but it’s on the order of 4,000 bills. It’s just absurd. Of that high volume of bills certain ones are going to stick while other fall by the wayside, but we have to be aware of which could have an impact on employers.”

Out of the multitude, there were nine bills that came across the Governor’s desk in February that SHRM is tracking.

Among the bills are AB 5, which would require employers to offer hours to existing non-exempt employees before hiring new employees; SB 63, which would require employers with 20 employees to provide up to 12 work weeks of parental leave; and SB 62, which would expand the California Family Rights Act to allow leave to care for grandparents, grandchildren, siblings and parents-in-law.

Those are just the proposed regulations.

Every year there are new laws that go into effect HR professionals must be aware of.

This past January, over 20 new or updated employment laws went into effect in California. Some of these a majority of HR professionals were well aware of in advance, such as the minimum wage increase and new overtime laws for agricultural workers. Other changes, though, may have caught some off guard.

New regulations in effect this year include a law that single-user restroom facilities must be marked with signage labeling it an “all-gender” facility; and an expansion of Cal OSHA’s heat illness protections and regulations to include indoor workplaces.

Adding even more complexity to employment law issues in the state are cities, which are now opting to create their own set of regulations.

“Another wrinkle you have, in addition to Washington DC and Sacramento, is every city is passing its own version of the law, so if you have employees who travel as part of their job, you may have to comply with seven different sick leave ordinances if that employee is ill,” Kalt said. “Just imagine the headache that creates. It’s hard enough for the biggest companies to administer, but for a small employer without the resources it’s extremely difficult.”

No matter how minor a regulation may seem, employers not abreast of the new laws could end up in hot water.

“All it takes is one disgruntled employee going to an attorney and saying something like ‘I didn’t get regular breaks and was never paid a penny for missing a break’ for that attorney to look at this grievance in a broader perspective and think of all the employees who may have been shorted,” Esraelian said. “That would open up a can of worms where the attorney requests records, and if the employer can’t show that employees have taken breaks regularly, then there is a lawsuit. That can put companies of mid-size and small completely out of business — all over something that would seem relatively minor.”

Being ignorant of any new regulations is not a defense against such lawsuits, Kalt said. That means employers and their HR departments must stay informed.

Those who join their local SHRM chapter and CalSHRM benefit from routine updates and reports sent directly to their inbox that keep them educated on the latest legislative issues.

In addition to educating its members, Kalt and Esraelian said SHRM also advocates on their behalf.

“The whole idea is to try and influence and educate these folks at the capital and let them know what would happen, from an HR perspective, if a particular bill passes because most of them have no clue about HR,” Esraelian said. “Even in DC, I think out of both houses there are only two people with any HR experience, yet they are making decisions with huge implications that will affect employers and employees.

On April 19-21, CalSHRM is hosting its annual California State Legislative and HR Conference in Sacramento, where SHRM members across the state will have an opportunity to directly voice their concerns to legislators. Those interested can register at www.calshrm.org.

Locally, Central California SHRM meets the third Tuesday of every month for a luncheon at Tornino’s Banquet in Fresno. The lunch starts at 11:30 a.m. For more information on the local chapter, visit centralcalshrm.org.


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