Don’t Forget! – California Minimum Wage for 2023

Effective January 1, 2023, the California minimum wage increased. Your local jurisdictions may have their own unique minimum wage rates. Please see the chart below to reference various minimum wage rates within the state. 

CityMinimum wageMinimum exempt salary
CA MINIMUM WAGE$15.50$64,480.00
Los Angeles (city)$16.04$66,726.40
Los Angeles (county)$15.96$66,393.60
Redwood City$17.00$70,720.00
San Diego$16.30$67,808.00
San Francisco $16.99$70,678.40
San Jose $17.00$70,720.00
Santa Clara$17.20$71,552.00
Santa Rosa$17.06$70,969.60
San Francisco $16.99$70,678.40
South San Francisco $16.70$69,472.00

Cal/OSHA Reminds Employers to Post 2022 Annual Summary of
Work-Related Injuries and Illnesses on February 1

Cal/OSHA is reminding California employers to post their 2022 annual summary of work-related injuries and illnesses, including those related to COVID-19, in a visible and easily accessible area at every worksite. The Form 300A summary must be posted each year from February 1 through April 30.

Instructions and form templates are available for download from Cal/OSHA’s Record Keeping Overview. The overview gives instructions on completing both the log (Form 300) and annual summary (Form 300A) of work-related injuries and illnesses. The annual summary must be placed in a visible and easily accessible area at each worksite.

Employers that are required to record work-related fatalities, injuries and illnesses must record a work-related COVID-19 fatality or illness like any other occupational illness. To be recordable, an illness must be work-related and result in one of the following:

•    Death
•    Days away from work
•    Restricted work or transfer to another job
•    Medical treatment beyond first aid
•    Loss of consciousness
•    A significant injury or illness diagnosed by a physician or other licensed health care professional.

If a work-related COVID-19 case meets one of these criteria, then covered employers in California must record the case on their 300, 300A and 301 or equivalent forms.

Posting the summary helps ensure workers are aware of work-related injuries and illnesses that occurred the previous year. Current and former employees and their representatives are entitled to a copy of the summary or the log upon request.

The definitions and requirements for recordable work-related fatalities, injuries and illnesses are outlined in the California Code of Regulations, Title 8, sections 14300 through 14300.48. Employers are required to complete and post the Form 300A even if no workplace injuries occurred.

Many employers in California must also comply with electronic submission of workplace injury and illness records requirements by March 2nd each year. Cal/OSHA has posted details on which employers are required to submit the electronic reports as well as other information online.

The California Division of Occupational Safety and Health (Cal/OSHA) is the division within the Department of Industrial Relations (DIR) that helps protect California’s workers from health and safety hazards on the job in almost every workplace. Cal/OSHA’s Consultation Services Branch provides free and voluntary assistance to employers to improve their safety and health programs. Employers should call (800) 963-9424 for assistance from Cal/OSHA Consultation Services. Workers who have questions about COVID-19, heat illness prevention or wildfire smoke protections can call 833-579-0927 to speak with a Cal/OSHA representative during normal business hours. Complaints about workplace safety and health hazards can be filed confidentially with Cal/OSHA district offices.

California Department of Industrial Relations (DIR) Website

How to Support Middle Managers in a Hybrid Workplace

As organizations continue to evolve their hybrid workplace strategies, the plight of middle managers is starting to come into clearer focus.

In a recent pulse survey of 10,000 workers conducted by Slack Technologies’ Future Forum, a record 43 percent of middle managers say they’re burned out—the highest of any job level. While the people they manage report higher levels of satisfaction and productivity as a result of greater workplace flexibility, middle managers feel less connected to their companies and are far more likely to look for a new job.

Middle managers also reported the lowest scores for work/life balance along with the highest levels of stress and anxiety. One reason is because they’re responsible for bringing their teams back to physical workplaces at a time when employee resistance is high.

“We are in the middle of a workplace transformation, and we need to support midlevel managers so they can support the people they lead,” said Sue Bingham, founder and principal of the HPWP Group, an organizational development consulting firm in Rome, Ga., and co-author of the book Creating the High Performance Workplace: It’s Not Complicated to Develop a Culture of Commitment (Indie Books International, 2018).

A lot of the stress and anxiety middle managers are experiencing could be alleviated if they were given more authority and influence, Bingham said. “The midlevel manager role needs to be structured as a leadership role. Managers need to be given the resources and tools they need to lead.”

Repairing the Breakdown in Trust

Middle managers often view HR more as adversaries than allies, and as the place where employees go to complain about their bosses. It’s important that HR takes steps to try to improve that attitude.

“The role of HR is to validate the experience of managers and teach them how to manage in a hybrid environment,” said Ken Matos, director of people science at Culture Amp, a New York City-based employee engagement platform. “Middle managers are woefully underserved and unprepared to manage in a hybrid environment,” and it’s HR’s responsibility to help change that, he said.

While working as an interim CHRO at the University of Maryland Medical Center, Jennifer Pitts would drop in on meetings among middle managers, either in person or via Zoom. For many of the managers, it was the first time anyone from HR had listened in on their discussions.

“When you take the time to really listen, communicate and provide feedback to middle managers, it creates an environment of psychological safety and sends the message that you care about them and want to support them,” said Pitts, now a senior principal at Korn Ferry.

“Communication can break down when people don’t take the time to get to know each other,” agreed Ryan Agresta, founder and CEO of the HR tech platform in Seattle. “HR needs to gather the data from middle managers to understand their most pressing needs and concerns and use that data to make changes.”

Although middle managers are the heart of a company’s culture, their needs and concerns are often overlooked, said Rosina Racioppi, president and CEO of Brielle, N.J.-based Women Unlimited, a leadership development organization for high-potential women. Racioppi recommends gathering objective, unbiased data from middle managers to better understand their most pressing needs and concerns.

Leadership Development Training

Many organizations have implemented leadership development programs to fill the preparedness gap among middle managers. Louise Axon, director of content strategy and development for Harvard Business Publishing in Concord, Mass., has identified the following three attributes of the most successful leadership development programs:

  1. Relevant and timely content.
  2. Learning that is immediate and actionable.
  3. Learning that meets managers where they are, regardless of whether they are working remotely or onsite.

As the chief people officer at UiPath, an enterprise software company in Oakland, Calif., Bettina Koblick was responsible for implementing a leadership development program for people managers that was built around their specific needs and concerns, as well as organizational goals and objectives. 

Koblick’s team regularly uses pulse surveys to ensure that what participants learn in each program results in real behavioral change. If they don’t see real behavior change, they adjust their approach, Koblick said. “Fundamentally, we want to make sure people are heard, treated fairly, and have clarity and context,” she said. “We build competencies around those outcomes.”

The Coaching Solution

Coaching also can be a powerful complement to reinforce lessons learned during training sessions.

“The goal of coaching is to apply what you learned in training,” Pavese said. “Research shows that it takes six months of coaching for managers to adopt a new mindset because old beliefs get in the way.”

Although coaching has historically been reserved for C-suite executives, providing one-on-one coaching to midlevel managers can make sense. “Many middle managers aren’t trained as leaders. They don’t have a [business] school education or really understand how to manage people in a hybrid environment,” said Lisa Kaplin, an executive coach in Lake Zurich, Ill. “Coaching equips them with the skills they need to implement senior leadership strategy and vision and lead their own teams.”

Coaching also can help prepare them for senior leadership roles. “Executive coaching is part of succession planning. It prepares middle managers to move up,” Pitts said. “And it sends the message that the company is committed to them and invested in their development.”

The Power of the Peer Group

“Hybrid makes the job of middle managers harder because they don’t have the same connection to senior leaders or their teams. [Lack of] connection and belonging are the straw that breaks the camel’s back,” Wilkin said.

Agresta has led and hired middle managers in a wide range of companies and believes that a tight peer group is key to having a fulfilled and generally excited tier of middle managers.

“Middle management can be isolating because they are often caught in the middle between senior leaders and individual contributors,” he said. “They need to be able to rely on each other for support. But those relationships are harder to build in a remote or hybrid environment.”

While some leadership development programs use a cohort model so middle managers can learn from and support each other, Bingham recommends that HR take the initiative to assemble meetings specifically focused on middle managers (via Zoom or in person) for that same purpose.

Another way to boost morale among middle managers is creating a support group where they can tap into each other’s experience and brainstorm solutions to problems, Matos said. They can also invite senior leaders to drop in on these groups to build a stronger connection between senior leadership and middle managers.

“A disconnect occurs when people don’t feel seen and valued, which can lead to resignations and ‘quiet quitting,’ ” Racioppi said. HR can help heal that disconnect by building stronger relationships with middle managers, she said, and by creating opportunities for middle managers to bond with senior leaders and each other.

Arlene Hirsch, SHRM

Applicant’s Criminal History Off Limits Until After Making Job Offer

We want to protect our company and staff from criminals. Can we ask applicants if they have a felony conviction in our application or during their interview?

It can be very tempting to ask about felony convictions during the application process as a way to filter candidates. If you have five or more employees, however, you cannot include a question on your application asking whether the applicant has any prior felony convictions.

In fact, you cannot ask about criminal history at any time before the conditional offer of employment has been made. Covered employers cannot include any question on a job application that directly or indirectly seeks the disclosure of the applicant’s conviction history. You cannot inquire or consider the conviction history of an applicant until after a conditional offer of employment has been made.

Fair Chance Laws

It used to be common for job applications to include a box that applicants would mark to note they had a felony conviction. This practice, however, drastically affected a felon’s fair chance at a job for which they otherwise would be qualified.

This is where state and local “ban-the-box” laws came in to protect applicants from having to disclose a felony conviction without a fair chance to explain any past convictions.

California’s Fair Employment and Housing Act (FEHA) and several local ordinances protect against the use of criminal history as a basis for making an offer of employment. The reason the timing is after an offer has been made is so that an applicant is not evaluated for the position based on a past conviction.

Limited Exceptions

The very limited exceptions to California’s “ban-the-box” law include:

  • Positions for which a state or local government agency is required by law to conduct a conviction history background check;
  • Positions with a criminal justice agency;
  • Farm labor contractors (as defined in Labor Code Section 1685); or
  • Positions in which an employer is required by any state, federal or local law (including the Securities Exchange Act) to check criminal background for employment purposes or to restrict employment based on criminal history.

Employers who must conduct criminal background checks to comply with various state or federal laws should consult with legal counsel.

After Conditional Job Offer

There are lawful ways you can protect your business. Once you make a conditional offer of employment, you may seek conviction history information if you follow a specific process and comply with strict notice requirements.

If you improperly obtain or use criminal history information, you can be subject to a civil lawsuit. An applicant can bring an action to recover actual damages or $200, whichever is greater, plus costs and reasonable attorney fees.

If the violation is intentional, the applicant is entitled to three times actual damages or $500, whichever is greater, plus costs and reasonable attorney fees.

In addition, an intentional violation is a misdemeanor punishable by a fine not to exceed $500. Furthermore, a violation of the ban-the-box law can result in a lawsuit under the California FEHA.

An applicant or employee also can bring a discrimination lawsuit under FEHA if the applicant or employee can show that the criminal background check practice had an adverse impact on a protected class.

Sarah Woolston, CalChamber HR Watchdog