Out-of-state workers count
AB 1825 mandates harassment training for companies in California with more than 50 workers. Although the law says to count all employees and independent contractors, one of the prime questions for employers that operate both in and out of California is:
"Do you count employees outside of California?"
The answer is "Yes."
- First, the text of AB 1825 does not exclude out-of-state workers from an employer's count.
- Second, a publication of the Department of Fair Employment and Housing (DFEH), the agency that enforces FEHA (and thus AB 1825), says "For purposes of counting the number of 'persons employed,' both full-time and part-time employees who are 'regularly' employed within or outside of the State of California should be counted." [DFEH Case Analysis Manual, Vol. II §17(C)(1)(a)]
- Third, a consultant with the DFEH confirmed that the agency counts a company's employees in all the United States to determine the agency's jurisdiction (i.e., whether there are enough employees). I've also read on the 'net that the California Fair Employment and Housing Commission, the agency that issues FEHA regulations, is giving the same answer.
- Fourth, an official regulation for another law (the California Family Rights Act, which similarly applies only to companies with more than 50 employees), says employers should count all "persons within any State of the United States, the District of Columbia or any Territory or possession of the United States...." [2 CCR §7297.0(d)]
So, unless an official regulation or court decision limits counting to only California workers, the only reasonable approach is to include out-of-state workers in your AB 1825 count.
This entry was posted
on Thursday, May 26, 2005 at 11:07 AM.
