2014 CCCEAC Membership Application


2014 will be an amazing year for CCCEAC Members and if you are not currently a CCCEAC Member, 2014 would be a great time to get on board!

Please complete the CCCEAC Membership Application!

 Membership Benefits include:

  • Access to our Management Hotline for answers to your labor and employment law questions
  • Discount on EAC seminars and training
  • 20% discount on compliance poster products
  • Scholarship awards program
  • Networking and marketing opportunities for your business products or services
  • Membership in California Employer Advisory Council (CEAC)www.ceac.org

For further information please contact the Membership Chair by email at membership@ccceac.com.

Midyear Legislative Update Seminar…

Please join us for an informative Midyear Legislative Update Seminar…



The Contra Costa County Employer Advisory Council

in partnership with

 The California Employment Development Department


Midyear  Legislative Update   

Amy Durgan, Esq.


Steven Hirschfeld, Esq.

Hirschfeld  Kraemer LLP

Tuesday,  July 15, 2014

7:30  a.m. to 10 a.m.

Concord Hilton

1970 Diamond Blvd.

Concord, CA 94520 

Members $35  Nonmembers $50

For  membership information contact Lew.Gossage@edd.ca.gov


Speakers: Amy Durgan  and Stephen Hirschfeld 

amy durganAmy Durgan is an     associate in the firm’s San Francisco office. She provides employment     advice and counsel and litigation expertise to organizations ranging from     Fortune 500 companies to privately run businesses. She has worked with     clients in a variety of industries, including banking and financial     services, technology, media, food and wine, manufacturing, retail,     hospitality, waste and recycling, and non-profit.  Ms. Durgan     frequently counsels colleges and universities on employment matters.  She     advises management and human resources professionals regarding all aspects     of employment law, including compliance with state and federal wage and     hour laws, compliance with discrimination, harassment, disability laws,     disciplining and terminating employees, administering leaves of absence     under state and federal law, employee privacy rights, workplace violence,     trade secrets, bonus and commission plans, social compliance audit     policies, and covenants not to compete. She also routinely prepares     employee handbooks, severance agreements, and related employment policies     and contracts.  Ms. Durgan also conducts investigations into internal     complaints of discrimination and harassment.

 hirschfeldStephen Hirschfeld is a     founding partner and co-managing partner with the law firm of Hirschfeld     Kraemer LLP, in San Francisco, California. He is also the Chief Executive     Officer of the Employment Law Alliance (ELA), the world’s largest network     of labor and employment lawyers. His practice involves labor, employment     and higher education law on behalf of management in both the private and     public sector. Steve advises clients throughout the country on day-to-day     legal issues affecting the workplace, including employee discipline and     terminations, union organizing, workforce reductions, discrimination     claims, proprietary information and trade secrets disputes, substance     abuse, workplace privacy, disability accommodations, executive employment     contracts, overseeing and conducting internal investigations involving     employee, student, and faculty misconduct, faculty tenure issues, and other     human resources issues. He regularly defends employers in state and federal     courts on disputes involving discrimination, harassment, wrongful  termination, trade secrets/unfair competition and wage and hour law. He     successfully argued a seminal wage and hour issue before the California  Supreme Court. Steve has vast experience working with unionized businesses  on matters including collective bargaining, union contract disputes, and labor arbitrations.








This is the third update of 2014. This is the list of bills introduced, still active, or voted down since January 1, 2014. If you know of legislation I missed please let me know.

You may download copies of these bills from www.leginfo.ca.gov, or contact me. If you need assistance let me know. Please do not rely on this report as legal advice, because it isn’t. If you need more detailed information, you should contact your local attorney, or give me a call.

California Supreme Court to Rule on Suitable Seating 
Most, if not all, of the IWC wage orders contain the following:
 14. Seats

(A) All working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.

The Federal 9th Circuit Court of Appeals has sent a case to the California Supreme Court asking the Court to interpret what is meant by “…the nature of the work reasonably permits the use of seats”.

Until we get more guidance from the Court, employers should take a look at their current practices and ensure, to the best of their knowledge, that they are compliant with this requirement.

 New Bills for 2014
SB 935: Minimum Wage. AB 10 has not yet gone into effect and we have a new minimum wage bill. 
This bill would increase minimum wage as follows: 
1/1/15 $11/hr; 1/1/16 $12/hr; 1/1/17 $13/hr; Future increases based on CPI.  
Senate Appropriations Suspense File, 4/7/14. No action pending.
 AB 1522: Sick Leave: Would require employers to provide paid sick leave at the rate of 1 hour for every 30 hours worked. 
Maximum of 24 hours can be taken in one year. 
Senate Appropriations Suspense File, 4/30/14.  No action pending. 
AB 1562: CFRA eligibility: Changes definition of minimum hours needed by private school employees to be eligible for CFRA.  
Assembly Appropriations Committee, 4/9/14. No action pending.
 AB 2030: Amends Family School Partnership Leave, Labor Code section 230.8. 
That leave allow employees to take up to 8 hours a month, maximum of 40 hours a year to participate in school activities with their child. 
Currently that leave is unpaid or the employee may use vacation. 
This bill would require employers to pay for such leave.  Hearing scheduled for 4/23 cancelled at request of author. No action pending.
 AB 2053: Harassment Training. 
Requires that mandatory harassment prevention training for employers with more than 50 employees include prevention of “abusive conduct”. 
Third reading in Assembly on 5/12/14. If passes sent to Senate.
 AB 2416: Originally expressed the intent of the Legislature to establish procedures that would allow employees or former employees to file liens against an employer’s property when pursuing an employment  claim.  
Amended 3/28/14 to include such procedures. Includes a provision that would allow employer to seek release of a lien. 
In Assembly Appropriations, hearing 5/14/14.
 Bills carried over from 2013
SB 404: "Familia Status" added as protected class under FEHA. Similar legislation has been introduced before."Familial status" means an individual who provides medical or supervisory care to a family member.
" Family member includes spouse, child, registered domestic partner, parent, parent-in-law,siblings, grandparents and grandchildren.  
No action this year.








           EACLogo                                     Bullying in the Workplace                                    

The Contra Costa County Employer Advisory Council

in partnership with

The California Employment Development Department


 Bullying in the Workplace

Andrea Kelly Smethurst, Esq.

 Andrea Kelly Smethurst Law, P.C.

Tuesday, May 20, 2014

7:30 a.m. to 10 a.m.

Concord Hilton

1970 Diamond Blvd.

Concord, CA 94520 

Members $35  Nonmembers $50

For membership information contact Lew.Gossage@edd.ca.gov 


Bullying in the workplace is a common problem.  This interactive session is designed for human resource and management professionals to increase their understanding of bullying and to help them implement policies and practices that will prevent and respond to bullying in the workplace.  We will:

  • Define workplace bullying.
  • Examine examples of bullying behavior.
  • Explore the difference between bullying, harassment, and discrimination.
  • Analyze the impacts of bullying on employees and the cost to the organization.
  • Review employer responsibilities in responding to bullying complaints including how to investigate.
  • Review a sample bullying policy and discuss other proactive steps employers can take to prevent bullying..

Andrea SmethurstAndrea Kelly Smethurst is an attorney licensed to practice in California. Ms. Kelly Smethurst is an honors graduate of the University of Pennsylvania, and received her law degree from the University of California at Berkeley, Boalt Hall School of Law. Before forming Andrea Kelly Smethurst Law, P.C., Ms. Kelly Smethurst was an employment attorney with Sheppard, Mullin, Richter & Hampton and with Dillingham & Murphy. At these firms, she counseled employers on employment practices and policies. In addition, she represented employers in federal and state court and in administrative matters before the DFEH, the EEOC and the Labor Commissioner. Ms. Kelly Smethurst is fluent in Spanish and conducts training seminars and workplace investigations in English and Spanish. 

Ms. Kelly Smethurst is the past president and a current board member of the Employment Section of the Contra Costa County Bar Association. She is also a member of the State Bar of California’s Labor and Employment Law Section, of the Society for Human Resource Management (SHRM), Northern California Human Resources Association (NCHRA), and the Association of Workplace Investigators (AWI).