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California Employment Application
It all starts with the employment application, and getting it right is not as easy as it might seem for California employers!
Liability for employment practices often begins before anyone has ever even said “hello.” The seemingly innocuous job application – the very first step in the employee lifecycle, is fraught with risks and (as is so often the case with California employment law) it is what you don’t know that might come back to bite. What questions can be asked and how they can be asked are constantly changing and it is the responsibility of the hiring company to know this and to follow the rules. If a job application template has not been updated in a few years, there is a very strong chance that it is a major liability.
Fortunately, fpSOLUTIONS has done the heavy lifting for you and developed a California employment application that is fully compliant, up-to-date and simple. Including the necessary statements, disclaimer and authorizations, using this application will help assure that the employment relationship gets off to a good (and compliant) start.
Meal and Rest Period Policies (California)
Meal and rest period violations continue to be the lowest of low hanging fruit for plaintiffs’ attorneys in California. State laws prescriptively mandate when, where, how, how often and for how long non-exempt employees must be provided time away from their duties and responsibilities each day. Understanding this in all its detail is one of the biggest challenges employers face. Moreover, ensuring that employees are actually taking their required meal and rest periods can be the biggest challenge of all.
What can California employers do to mitigate this risk?
The first step is to have a compliant, updated, comprehensive and comprehensible written policy and an acknowledgement indicating that each non-exempt employee has read and understands the compliant policy. Developing this policy has never been easy – so let fpSOLUTIONS do it for you!
This model policy addresses in clear concise language all the necessary details for meal and rest periods as well as meal period waivers, on-duty meal periods and meal periods for piece rate workers. The employee acknowledgement is also included.
FMLA/CFRA/PDL Forms
This comprehensive and detailed packet contains all appropriate and required forms for administering FMLA, CFRA and PDL in California. The packet includes:
Beyond the federal FMLA, California has some of the most protective and complex requirements for personal, family, and parental leaves. Managing these leaves compliantly and effectively is one of the biggest challenges faced by employers.
The California Family Rights Act (CFRA) requires employers with at least five employees to provide up to 12 workweeks of unpaid job-protected leave during any 12-month period for a wide (and expanding) range of covered reasons, including to bond with a new child. 
The Pregnancy Disability Leave (PDL) is a California state law that requires all employers to provide eligible employees with unpaid, job-protected leave in the event of a pregnancy, childbirth, loss of pregnancy, and/or pregnancy-related physical and mental conditions. Eligible employees may take up to four months of leave per pregnancy and may be eligible and/or qualify for leave protections under FMLA and/or CFRA (used for parental bonding time).
Comprehensive Arbitration Agreement Packet (California)
Dealing with dicey dilemmas. Is it advisable for your company to maintain pre-dispute arbitration agreements with your California employees?
The answer is far more complex than it may seem, as there are pros and cons and many considerations unique to each individual employer. While class action lawsuits can be avoided through arbitration agreements with class action waivers, case law regarding the scope and enforceability of arbitration agreements is constantly changing in California.
Fortunately, fpSOLUTIONS’ California Dispute Resolution Agreement Packet provides all the guidance on the pros, cons, and considerations regarding arbitration; a process checklist with tips for rolling out the agreements; FAQs for conversations with employees about arbitration; a California compliant arbitration agreement; and a handbook policy.
This packet is specific to California. Non-California employers should see fpSOLUTIONS’ Federal Dispute Resolution Packet(Non-California)
Reasonable Accommodation Toolkit (California)
So how does your company measure up managing the complexities of workplace accommodations laws in California? Whether your company has employees working in-person or remotely, fpSolutions Reasonable Accommodation ToolKit (California) can set your company apart.
Employers in California have a duty to provide reasonable accommodations for their employees and applicants with known disabilities, unless doing so would cause the employer an undue hardship. In California, employers are prohibited from discriminating against employees or job applicants based on a disability or a medical condition.
fpSOLUTIONS Reasonable Accommodation Toolkit (California) provides California employers with a clear and consistent framework for the implementation of their reasonable accommodation policy. Its workflow process includes guidance on reasonable accommodation and the interactive process, tips and tricks for managing accommodation in the workplace, an accommodation flowchart, as well as forms and communication templates of memos that help harness an efficient and comprehensive communication process.
These critical, step-by-step guidance, resources, and the support needed to ensure a seamless process of accommodating requests without disrupting business operations.