Found 5 instances of "1522"

New Bill Alert 2016

Reminder: the California minimum wage will increase to $10 per hour on January 1, 2016, so companies must ensure all nonexempt employees are being paid at least that amount.  This change also indirectly affects some overtime-exempt employees, whose monthly salary must be no less than two times the minimum wage.  Those exempt employees whose salaries are less than $41,600 annually will need a salary increase to continue to qualify for the overtime exemption.

Also of note, the federal Department of Labor has proposed increasing its minimum salary requirement for exempt employees under the federal Fair Labor Standards Act to $50,440 annually, however, the final regulations have not yet been published, so the change is not in effect, and that figure could change.

All laws listed below take effect January 1, 2016 unless otherwise noted.

Discrimination

SB 358 – The Fair Pay Act, targeting gender pay gaps.

The Fair Pay Act prohibits employers from having sex-based wage differentials amongst all job sites operated by the employer for “substantially similar work” (not necessarily the same job) when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. The move from “equal work” to “substantially similar work” will greatly expand the number of employees who might be considered “comparators” to establish claims under this law.

Furthermore, the new law will prohibit employers from restricting in any way the ability of their employees to disclose their own wages, to discuss or ask about the wages of others, or to aid or encourage other employees to do the same.  However, the bill stops short of requiring employers to divulge the wage rates of other employees, even if the request comes from a female employee trying to determine whether pay discrimination exists.

The new law will also continue to permit exceptions for pay disparities based on a system of seniority, merit, quantity or quality of production, or any other bona fide factor that is not based on sex, provided these are affirmatively established by the employer. The “bona fide factor” exception is significantly limited, however, as employers must now demonstrate that the factor or factors used are related to the specific job and justified by a legitimate business necessity, and that there are no other alternatives that would serve the same business necessity without resulting in a wage gap. See our more comprehensive article on the Fair Pay Act here.

AB 987 – Retaliation for requests for disability or religious accommodations.

This bill makes explicit that employers must not retaliate or discriminate against employees who request disability or religious accommodations, whether or not the request was granted.

AB 1509 – Retaliation against family members of employees who exercise certain rights.

This new law prohibits employers from retaliating against employees who are family members of employees who engage in certain protected activities, including political activities, whistleblowing, filing a complaint with the Labor Commissioner, testifying in a Labor Commissioner hearing, making complaints that he or she is owed wages, or filing a claim or lawsuit under the “Private Attorneys General Act.”

Wage and hour

SB 588 – Expanded Labor Commissioner enforcement and owner/corporate officer liability for nonpayment of wages.

This bill expands liability for payment of minimum wages, payment of overtime wages, violations of the Industrial Wage Orders, unreimbursed business expenses, and other related penalties under the Labor Code, to owners, directors, officers, or managing agents of the employer, which is a significant change in law that puts business owners at risk.  The bill also allows companies that purchase or otherwise take control of predecessor companies to be held liable for the former employer’s nonpayment of wages, after receiving written notice, if the successor company is sufficiently similar to the former employer, based on factors listed in the law.

Under this bill, the Labor Commissioner is given new ways to collect final Labor Commissioner judgments.  The Labor Commissioner will be able to seek levies against employers, impose liens against the employer’s property, and require bonds from delinquent employers as a condition of continuing to do business in the state.  Employers in the long-term care industry may be denied licenses if they have unpaid final judgments.  Individuals or businesses that contract for services with companies in the property services or long-term care industries can be held jointly liable for the unpaid wages caused by the company, after notice to the contracting party, to the extent the unpaid wages are for services performed under the contract.  “Property services” includes janitorial, security guard, valet parking, landscaping, and gardening services.

AB 970 – Expanded Labor Commissioner enforcement.

The Labor Commissioner is now empowered, under this bill, to enforce, via investigations, citations, and penalty assessments, local overtime and minimum wage laws.  This bill also empowers the state Labor Commissioner to enforce Labor Code 2802, which requires employers to reimburse employees for all necessary expenses incurred in carrying out their duties.

Because of SB 588 and AB 970, now would be a good time to check again and ensure you are complying with local laws and state laws regarding wages.  It remains to be seen if the Labor Commissioner actually has resources to step up its enforcement activity, but these bills give it significant new tools to do so.

AB 1513 – Piece rate wages; pay for down time, wage statement information.

Employers who pay piece rate wages now have more to worry about.  This bill requires piece rate workers be paid a separate hourly wage, in addition to their piece rate wages, for time spent taking legally mandated paid rest periods (and “recovery” periods) and for other “nonproductive time,” which means work time “that is not directly related to the activity being compensated on a piece-rate basis.”  The law mandates that rest and recovery periods be paid at an hourly rate that is the higher of (1) an average hourly rate determined by dividing the total compensation for the workweek (less overtime premiums) by the total hours worked during the week (less time for rest and recovery periods) or (2) the highest federal, state, or local minimum wage applicable to the employer.  Nonproductive time is paid at the applicable federal, state or local minimum wage, but need not be paid if the company already pays minimum wage (or above) for all hours worked in addition to piece rate wages.

The law requires the total time, rates, and total wages for rest and recovery period pay and nonproductive time pay to be separately listed on employees’ wage statements.  The law also creates a safe harbor protecting employers from lawsuits for past unpaid piece rate wages if they pay the owed wages and follow the process explained in the statute.  See our more comprehensive article on the new piece rate law here.

SB 327 – Meal period waivers in the health care industry.

The legislature has clarified that certain employers in the health care industry can still have certain employees forego their second meal period on shifts longer than 12 hours if they sign a written, voluntary waiver.  This specific regulation is in some Wage Orders, but was called into question in a recent appellate court decision, so this bill eliminates the confusion.  The law goes into effect immediately and applies retroactively.

AB 202 – Cheerleaders.

AB 202 declares that cheerleaders employed by California based professional sports teams at exhibitions, events, or games, shall be deemed to be employees for all purposes (Labor Code, Unemployment Insurance Code, FEHA, etc.), and not independent contractors.

Prevailing Wage

AB 219 expands prevailing wage laws to include the hauling and delivery of ready-mixed concrete, as defined.

AB 327 extends until January 1, 2024, the law that excludes from prevailing wage laws certain work performed by volunteers or members of the California Conservation Corps or a community conservation corps.

AB 852 expands prevailing wage laws to private contracts for most general acute care hospitals paid for by conduit revenue bonds issued after January 1, 2016.

Sick leave/Leaves of absence

SB 579 – Kin Care and time off for children’s school activities.

This bill amends two laws regarding specific leaves of absence.  It changes Labor Code 230.8, which grants time off to parents (as defined in the law) to attend children’s school or day care activities, with reasonable advance notice.  The law still only applies to employers of 25 or more employees, and the amount of time that can be taken is still 40 hours per year.  However, the reasons employees may take time off are expanded to include not just school activities, but also enrolling children in a school or with a licensed child care provider, picking up children when the school requests it or when school policies prohibit the child from attending (except for holidays), handling behavioral or discipline problems, or when natural disasters strike.  “Parent” is expanded to explicitly include stepparents and foster parents, not just parents, grandparents, or guardians.

The Kin Care Law, Labor Code 233, is amended by SB 579 to more closely align with the Healthy Workplaces, Healthy Families Act of 2014. Employers have to allow employees to use up to half of their accrued paid sick leave per year for all the purposes listed in the Healthy Workplaces, Healthy Families Act of 2014.  Note that, under the new paid sick leave law itself, employers still have to provide a minimum of three days per year for these uses.  Presumably the amended Kin Care Law would be implicated for employees who accrue higher amounts of paid sick leave per year.

AB 304 – Amendments to the “Healthy Workplaces, Healthy Families Act of 2014.”

This bill amended the new law regarding paid sick leave, and was effective July 13, 2015.  The amendments allow employers to continue to use existing paid sick leave policies that were in effect on January 1, 2015, regardless of the accrual rate of paid sick leave, as long as the policies provide at least one day or eight hours of paid sick leave in each 3 month period of employment, and at least 3 days or 24 hours within the first nine months of each 12 month period.  The amendments allow employers to use paid sick leave policies that provide 3 days or 24 hours of paid sick leave by the 120th day of employment in a calendar year or other 12-month period, under certain conditions.  The amendments clarify that no accrual or carry over of paid sick leave is required if 3 days or 24 hours of paid sick leave are provided at the beginning of each calendar year, employment year, or 12 month period. See our more comprehensive article on the amendments here.

Immigration

AB 622 – Use of e-verify and disclosures to employees.

This bill prohibits employers from using the federal e-verify system to check the employment authorization status of a current employee or an applicant who has not received an offer of employment, except as otherwise required by federal law or by a federal agency or as a condition of receiving federal funds.  The bill does not affect an employer’s ability to use e-verify in accordance with federal law to check the employment authorization status of a person who is offered employment.  Employers who use e-verify and discover the information provided by the employee does not match the system records must provide the affected employee with any notices issued by the Social Security Administration or Department of Homeland Security.

Unemployment Insurance

AB 1245 – Electronic reporting and payment.

Employers will soon be required to use electronic reporting and electronic payment systems for unemployment insurance.  The requirement is imposed on employers of 10 or more employees as of January 1, 2017, and all employers as of January 1, 2018.  Please consult your payroll company regarding the changes.

Grocery stores: employee retention when there is a change of control.

AB 359 will require operators of grocery stores to retain certain employees when there is a change of control of the grocery store, as defined.  The successor company must, from the time of the transfer until 90 days after the grocery store is operational under the successor, hire from a preferential list of “eligible grocery workers,” meaning non-managerial and non-supervisory workers employed for longer than 6 months by the prior employer.  The new employer must retain each of those employees for a period of 90 days after the employee’s start date with the new employer; however, employees can be discharged for cause.  Also, if the new employer determines that it needs fewer employees than were employed by the prior employer, employees shall be retained based on seniority within comparable job classifications.  After 90 days of employment, the new employer must “consider” offering continued employment to each of the workers.  Stores located in federally designated “food deserts” are exempt from the new law under certain conditions.  A different bill, AB 897, amends this bill so that it does not apply to grocery stores that ceased operations for six months or more.

Arbitration

It is important to note that a bill banning all use of mandatory arbitration agreements in employment was vetoed by Governor Brown.  The Governor’s veto statement indicated he was not confident the bill would be upheld by federal courts in light of recent U.S. Supreme Court rulings.

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HEALTHY WORKPLACE HEALTHY FAMILIES- AB- 1522

HEALTHY WORKPLACE HEALTHY FAMILIES- AB- 1522
Amended by AB 304, signed by Governor Brown, July 13th, effective immediately!

Now that companies have clamored to update their paid sick leave policies to comply with the “The Healthy Workplaces, Healthy Families Act of 2014”, the California legislature has graciously amended that law in ways that would have made life easier for employers had the amendments passed months ago.  The new bill AB 304, which was signed by Governor Brown very recently on July 13th and goes into effect immediately, amends the paid sick leave law in several ways:

  • When non-exempt employees use paid sick time, employers can pay that sick time at the employee’s “regular rate of pay.” The “regular rate of pay” is the rate that would be used by employers to determine overtime wages for the work week or pay period.  Employers can now use the “regular rate of pay” for the work week to pay sick time taken during that week, even if no overtime wages are paid in that week.  This simpler method of calculation can be used instead of averaging the last 90 days of wages to determine an hourly rate for paying sick time.
  • If an employer had a paid sick leave policy that was in effect prior to January 1, 2015, and provided at least 1 day or 8 hours of paid sick leave in each 3 month period of employment, and at least 3 days or 24 hours of paid sick leave within the first 9 months of each 12 month period, the employer is now permitted under AB 304 to continue to use the accrual rates provide by the old policy as long as the accrual rates are unchanged. Companies will still need to ensure the policy and their practices comply with other sections of the law, like allowable uses for paid sick leave, recordkeeping, and calculation of sick time pay.
  • An employer can have accrual rates that are different than 1 hour for every 30 hours worked, as long as accrual occurs on a “regular basis” (which is not defined) and provides the employee with no less than 24 hours of paid sick time by the 120th calendar day of employment within each calendar year or 12 month period.
  • The bill clarifies that, under the “front load” method (that allows for no carry over or accrual of paid sick time), 3 days or 24 hours of paid sick leave must be provided at the beginning of each calendar year, employment year, or 12 month period.
  • The bill states that when an employee is terminated and rehired within 12 months of termination, an employer does not have to reinstate that employee’s prior accrued sick time if it was fully paid to the employee at termination.

We are still analyzing AB 304 and are awaiting further guidance from the California Labor Commissioner on how the new provisions will be enforced and interpreted by it moving forward.  Please watch for future alerts from our office and contact us if you have any questions.

 

By:   Brian E. Ewing, Esq.
Landegger Baron Law Group, ALC
www.landeggeresq.com

Type of Post: post

Healthy Workplace Healthy Families – AB- 1522

Take two Aspirin and call your favorite Employment Law Attorney for the Legal Rx

Not surprisingly, we have received plenty of questions since the passage of AB 1522 , the new, “Healthy Workplace, Healthy Families Act of 2014” requiring almost all employers to provide three paid sick days per year to most of their employees.  The state has also posted a new FAQ, which is somewhat helpful.  (http://www.dir.ca.gov/dlse/Paid_Sick_Leave.htm)  Here are some additional things to know about AB 1522 :  (Please also see our past alert for the basics of the law, https://www.landeggeresq.com/?s= 1522 )

  • If you have a PTO policy that meets or exceeds the accrual requirements of AB 1522 and allows the employee to use PTO time for all the reasons AB 1522 requires, then that policy should satisfy AB 1522 .
  • Many employers without sick time policies are adopting policies that provide sick time to employees at the beginning of the year or “up front”; i.e. giving 3 days or 24 hours at the beginning of each year for use throughout the year, instead of having employees accrue one hour of sick time for every 30 hours worked.  AB 1522 allows employers to do this, but be aware that the State Labor Commissioner is interpreting the phrase “3 days or 24 hours” most beneficially to the employee. What this means to you is that your part-time employees get 24 hours of paid sick time per year, even if that works out to more than three work days.  Conversely, employees whose shifts are typically longer than eight hours should get three days, even if that totals more than 24 hours.  If challenged, this interpretation might not be upheld by the courts, but it is the State’s current enforcement position and we recommend following it.  You do not want to be the test case.
  • If you provide employees the sick time up front, then you have to provide them with all three days or 24 hours when the employees are hired.  But you can prohibit new hires from using paid sick time for the first 90 days of their employment.
  • If you use the accrual method, it is important to note the difference between the “use” cap and the “accrual” cap.  You can cap the yearly use of sick time at 3 days or 24 hours, but accrual of sick time can be capped at no less than 6 days or 48 hours. Therefore, paid sick time accrues even when employees have used their “maximum” paid sick time for the year.  We understand that this could result in employees accruing more sick time than they can ever possibly use.  (The Labor Commissioner has provided no good explanation for this.  It is one reason why many employers are providing sick time up front instead of using accrual systems.)
  • For accrual purposes, exempt employees can be considered to work 40 hours per week unless they normally work less than 40 hours per week, in which case you measure accrual by actual hours worked.
  • Under the accrual method, the “twelve month period” used to measure use of sick time will generally begin on an employee’s anniversary date, or for current employees, July 1, if you are first implementing your sick time policy on July 1, 2015.
  • Whatever method you use, accrual or “up front,” the accrual and use of sick time now has to be reflected on an employee’s wage statement. Employers must keep accurate records of the amount of sick time accrued and used by all employees for three years.
  • Paid sick time of three days or 24 hours has to be provided for all of the purposes required by AB 1522 , including the employees’ own illness or preventative care, care of certain family members, and domestic violence counseling, medical care and related court dates.  Many current policies, even if they exceed the accrual requirements, are not this broad concerning permissible use of sick time and need to be updated. We strongly recommend that your policies be reviewed in advance of July 1st in order to ensure compliance with the new law.
  • The definition of “family members” in AB 1522 is broader than the definition in the California kin care law. AB 1522 requires you to provide paid sick time for care of a child (including adopted children, foster children, and step children), parent or legal guardian (including stepparent, foster or adoptive parent), parent-in-law, spouse, registered domestic partner, grandparent, grandchild, or sibling.
  • Employees can use paid sick leave for less than a full day, but the highest minimum increment an employer can require an employee to take for a partial day absence is two hours. (You can use a lower minimum increment that you require the employee to take, if desired, but not higher.)  Other than that restriction, the employee decides how much paid sick time he or she needs to use.
  • Employers can have different sick time policies for different groups of employees (e.g. part time vs. full time), provided every policy complies with AB 1522 .
  • Accrued and unused sick time does not need to be paid out at termination.  However, if you provide PTO time that can be used for both vacation and sick days, you do have to pay it out at termination the same as you are required to do with vacation wages.
  • If you are subject to local sick time laws, you must comply with both the local law and AB 1522 , and where there are conflicts, you should offer the benefit most generous to the employee.
  • We do not recommend adopting a strict requirement that the employee present a doctor’s note to return to work after taking paid sick time.  The employee might not have seen a doctor or might not have taken the time for their own illness (i.e. domestic violence reasons).
  • You should already be giving new hires the new “Notice to Employees” (revised 9/2014) required by Labor Code 2810.5, which has a section for your sick leave policy terms. The new form must be issued to all employees if your sick time policy has changed.  (https://www.dir.ca.gov/dlse/LC_2810.5_Notice.pdf )

By:   Brian E. Ewing, Esq.
Landegger Baron Law Group, ALC
www.landeggeresq.com

Type of Post: post

Workshop Materials Archive

Employment Law Article Archive

In this section you will find informational materials from each of our monthly workshops, materials from various seminars and articles written for distribution.

2018 Workshop Materials Archives

January 2018 Workshop

THE TOP NINE NEW LAWS AFFECTING EMPLOYERS IN 2018

March 2018 Workshop & Webinar

When a Cough Becomes an Employment Law Flu | Best Payroll Practices to Avoid Employment Law Issues

April 2018 Workshop

When a Cough Becomes an Employment Law Flu | Best Payroll Practices to Avoid Employment Law Issues

May 2018 Workshop

Navigate The I-9 Rules Like A Viking To Avoid Sinking Your Business In Lawsuits And Penalties

July 2018 Workshop

PowerPoint Presentation – Interactive Process and Rx Accommodation

DFEH_Reasonable Accommodation (final) handout with cover

July 2018 PowerPoint Attendee Handout

September 2018 Workshop

PDF Handout: Discipline & Discharge – How to successfully manage your employees

PowerPoint: “Discipline & Discharge – How to successfully manage your employees”

October 2018 Workshop

PowerPoint: “Supreme Court Shockwaves Rocking the Independent Contractor and De Minimis Terrain: Where Does Your Business Stand?”

2017 Workshop Materials Archives

January 2017

February 2017

March 2017

April 2017

May 2017

June 2017

July 2017

August 2017

  •  No August Workshop

September 2017

October 2017

November 2017

  • No November Workshop

December 2017

  • No December Workshop
 

2016 Workshop Material Archives

January 2016

February 2016

March 2016

April 2016

May 2016

June 2016

July 2016

August 2016

  •  No Workshop

September 2016

October 2016

November 2016

  •   No Workshop

December 2016

  •   No Workshop
 

2015 Workshop Material Archives

January 2015

February 2015

March 2015

April 2015

May 2015

June 2015

July 2015

August 2015

September 2015

  •  No workshop materials this month.

October 2015

November 2015

  •   No workshop materials this month.

December 2015

  •   No workshop materials this month.
 

2014 Workshop Material Archives

January 2014

February 2014

March 2014

April 2014

May 2014

June 2014

July 2014

August 2014

No Workshop

September 2014

October 2014

November 2014

 

December 2014

 
 
## 1522 ## 

2013 Workshop Material Archives

January 2013

2013 Legal Update!  What Every Employer Needs To Know 

February 2013

Leaves Of Absences and Land-mines For Employers

March 2013

The Biggest Mistakes Employers Make And End Up With A Lawsuit

April 2013

Provisions That Will Impact Individuals & Employers 

Health Care Reform Presentation by SGB-NIA Insurance Brokers


May 2013

Weathering the Social Media Storm:  The legal & ethical implications of social mediaWeathering the Social Media Storm

June 2013

I WAS JUST SEXUALLY HARASSED! What To Do When One Of Your Employees Makes A Complaint

July 2013

 

THERE WILL BE NO WORKSHOPS IN THE MONTH OF JULY 2013.  WORKSHOPS WILL RESUME AUGUST 2013.  

September 2013

California Employers Under Attack In Wage And Hour Litigation.Learn How to Defend Yourself through a Comprehensive Wage and Hour AuditState of California The Laws Relating to The Time, Manner and Payment of Wages

2012 Workshop Material Archives

January 2012

What’s New, What’s Old and What A Year It’s Going To Be

New CA Laws and National Labor Relations Board Posting Requirements

March 2012

How to Discipline and Terminate Without Getting Sued

A Proven Method for Analyzing Any Situation

 May 2012

How To Work With Your Workers’ Compensation Carrier For The Best Outcomes

 July 2012

 Employer Documents and Forms Required in California

 LBLI_Brinker_2012_Handout 2Wage and Hour Law Threats to the Flat Rate System_Handout 3

October 2012

 It Was a Hot Summer!

California Class Actions after Brinker

2011 Workshop Material Archives

January 2011

“It’s 2011! What Is Hot and What Is Not.”Bring Us Your Toughest Employment Issues for a Lively Roundtable Discussion. Additional information provided on: Leaves of Absences; The New PDL Regulations; Wage and Hour; and EPLI.

February 2011

“How to Remain Union Free”Is Your Company a Union Target?

March 2011

INVESTIGATION BOOTCAMPHow to Conduct a Workplace Investigation

April 2011

Employment Law WorkshopI9 Procedures and Audits

May 2011

Top 10 H.R. Mistakes Made by Supervisors and How to Avoid ThemManaging Employees With Success 

June 2011

WAGE & HOUR CLAIMS CLASS ACTIONS– The California Curse –Wage & Hour Concerns-Compliance PresentationWage & Hour Concerns – Compliance QuizClient Bulletin “Ouch! Supreme Court Wal-Mart Decision Is a Blow to Plaintiffs”

July 2011

CLIENT ALERT by Corey A. IngberWhat actions, if any, should be taken when we are still getting medical reports from out-of-network physicians?MEDICAL PROVIDER NETWORKSHow Can They Be Effective?

August 2011

Employer Documents & Forms Required in CaliforniaModel Dispute Resolution Agreement (Arbitration)Employers Should Consider Waivers of Class Claims – Class ADR Waiver

September 2011

“The National Labor Relations Board Requires Your Company to Post the Roadmap for Your Employees to Become Union.”

October 2011

Happy Halloween! “You Want To See Something Really Scary?”Top Five Legal Causes of Action Asserted Against Employers And How You Can Avoid Them

2010 Workshop Material Archives

January 2010

Be Prepared for 2010

What to Expect and What Not to Neglect

Supplemental Forms and Policies

February 2010

2010 Workers’ Compensation

Mysteries of the Claim Form and How it Triggers the Presumption of Compensability

March 2010

Overtime Exemptions

How to Avoid Classification Mistakes

Wage & Hour Laws in California

Don’t unknowingly Break the Law – Learn How to Meet the State’s Requirements

April 2010

“How to Suceed in Business: a Unique Workshop on How to Avoid Litigation, Resolve Conflict, and Be Successful and Less Stressed!”

2010-04 Toxic Employees

By: Michael S. Lavenant, Esq.

 

Good Life Roadmaps A

Good Life Roadmaps B

Good Life Roadmaps C

By: Rosalinda O’Neill, LMFT Business Therapist

June 2010

Paving the Way — 2010

New Hire Documentation, Posters and Policies

July 2010

Qualified Retirement Plans:

“The Three Pronged Effect Effect”

August 2010

How to Discipline and Terminate Without Getting Sued

A Proven Method for Analyzing Any Situation

September 2010

Go Ahead and Take a Leave of Absence

What Do I Need To Know?

DFEH Pamphlet

Pregnancy Leave

October 2010

“I’ve Been Subjected to a Hostile Work Environment”

What Is Discrimination and What Is Not

2009 Workshop Material Archives

January 2009

Getting Ready for 2009

New Laws for a New Year!

(FMLA Modifications; ADA Amendments catch up to CA;

Cell Phone Rules Change again; RIF’s: Why, When & How?;

Meal Periods: To Break or not to Break; Mileage Reimbursements)

February 2009

Leaves of Absence

Exploring the new FMLA Regulations

March 2009

Overtime Exemptions

How to Avoid Classification Mistakes

April 2009

Discipline And Discharge

How to Manage Employees with Success

May 2009

Wage and Hour Laws in California

Don’t Unknowingly Break the Law – Learn How to Meet the State’s Requirements

Jun 2009

Handling Discrimination Complaints

What To Do When State Agencies Come Knocking

July 2009

When Definitions Mean Dollars Employee, Independent Contractor or Volunteers

August 2009

Interaction of Workers’ Compensation FEHA/FMLA/ADD Management of Benefits and Leaves of Absence

Management of Benefits and Leaves of Absence

September 2009

Employee Classification – Employee, Independent Contractor or Volunteers?

When Definitions Means Dollars

October 2009

Paving The Way

New Hire Documentation, Posters & Policies

2008 Workshop Material Archives


WORKSHOP MATERIALSGetting Ready for 2008

New Laws For The New Year!New Developments In California’s Wage & Hour Law

Don’t Unknowingly Break The LawInsuring Your Company Against Employee Claims Can Your Company Defend Itself?

 

Paving The Way

New Hire Documentation, Posters & Policies

 

Discipline & Discharge

How To Manage Employees with Success

 

Leaves of Absence

Let Me Count The Ways

 

Employee, Independent Contractor or Volunteer

When Definitions Mean Dollars

 

Staying Within The Lines

Making Your Employee Handbook Work For You

 

What To Do When The DFEH Comes Knocking

Handling Discrimination Complaints

 

Payroll Management and Record Retention

Punching In, Paying Out and Holding On

 

SEMINAR MATERIALS

 

Avoiding & Managing Toxic Employees

An Ounce of Prevention And A Pound of Cure

2007 Workshop Material Archives


March 2007 Newsletter:

2006 Workshop Material Archives


April 2006

Download PDF

 

  • Sexual Harassment Training for All New Supervisors must Be Completed Within Six Months of Hire Date or Date of Promotion to a Supervisory Position.

March 2006

Download PDF

  • Litigation Alert Affecting All Non-Profit Organizations.

February 2006

Download PDF

  • “UNION FREE”.  So What Should You Do?

January 2006

Download PDF

  • Protecting Your Company In 2006 and Beyond
  • Discussion on Sexual Harassment Training
  • Wage and Hour Compliance
  • Minimum Wage Increase
  • Social Security Numbers On Paychecks
  • Revised Federal From I-9
  • New Strategy for Your Company if You want
  • to remain “Union Free”
  • Change to Win Coalation (“CTW”)

2005 Workshop Material Archives


January 2005

 

  • Sexual Harassment Training For Supervisors Is Required By California Law If You Have More Than Fifty Employees.
  • Sexual Harassment Training for Supervisors Is Recommended By Our Firm Even If You Have Less Than Fifty Employees

2004 Workshop Material Archives


August 2004

 

  • The “Bounty Hunter Law” Update.

July 2004

  • The Labor Code Private Attorney General Act of 2004; Better Known as the “Bounty Hunter Law”.

June 2004

  • The Importance of Compliance of California Law In Light of the California “Bounty Hunter Statute”.

January 2004

  • Employee Relations Policy ( Policy Against Discrimination, Policy
  • Against Harassment, Including Sexual Harassment, Complaint and Investigation
  • Procedure); Sample Physical & Mental Disability Policy  (California Law broader
  • than ADA Policy); Family Leave of Absence Policy (Consistent with law effective July 1, 2004 for benefits to collect; and Family Temporary Disability Insurance (“FTDI”).

2003 Workshop Material Archives


November 2003

 

  • New California Employment Laws Paid Family Medical Leave (SB 1661);
  • Extended Whistleblower Protections (SB 777); Discussing Pay and Working Conditions (AB 2895); Harassment by Non-employees (AB 76); Gender Identity Is Now Sexual Discrimination (AB 196); Greater Exposure for Attorneys Fees in Wage Disputes (AB 223); Increased Labor Code Fines (AB 276); Private Enforcement of Labor Code Violations (SB 796); Reporting Identity Theft (AB 1386); and Health Care (SB 2) The Ongoing Crises In Employment Practices Liability Insurance (courtesy of : The Law Offices of Tasoff & Tasoff) USA Jobs Protection Act of 2003 Introduced in House and Senate More Bad News for H-1 Visas – The Government Will Soon Run out.

August 2003

  • The Employment Practice Liability Insurance Crises; The Trend In Intellectual Property Lawsuits Corporate Giants’ Consent Judgments-Shame On Them!; Continuation Of Health Care Coverage Up To 36 Months; Travel Time Under California Law; Legal Issues For Employers Raised By The SARS Health Crisis; Workers’ Compensation Revisions; and Misuse Of Family Leave May Justify Termination.

March2003

  • Employers Should Consider Implementing A Cellular  Phone Usage Policy; Individual Liability For Unpaid Wages And Penalties Against Corporate Officer;  SB1661; Family Temporary Disability Insurance State Disability Laws And the Interactive Process – What Employers Should Know; Disciplinary Deductions From Exempt Salary; Employers Can Seek 203 Penalties For Failing To Pay
  • Extra Compensation for Missed Meal or Rest Periods; and ERISA Preempts Labor Code Section 132a Allowing Employer To Halt Employee’s ERISA Regulated Benefits Without Risking A Discrimination Action.

2001 Workshop Material Archives


October 2001

 

  • Compliance with California Wage Order 2001; A Workers’ Compensation Action; Can Be A Blessing in Disguise; Docking the Pay of Exempt Employees;
  • Non-Compete Agreements Under California Law; How to Successfully Navigate the Disability Minefield; Steps Every Employer Should Take to Prevent Liability in Sexual Harassment Lawsuit; and Labor Code Section 132a Claims.

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NEW LAW ALERT EFFECTIVE JULY, 2015 – HEALTHY WORKPLACES, HEALTHY FAMILIES ACT OF 2014

WELL…..THERE THEY GO AGAIN!  The Calif. Legislature and our Governor have joined together to further confound California Employers already reeling from the last deluge of costly and quarrelsome laws foisted upon them in January. It is not our calling to politicize the source of Bills that have recently been signed into law. On the other hand, it is clear and apparent that Equilibrium is no longer considered a tenet for authors of Calif. Employment Law.

Our task now is to bring awareness to our Employer Clients, explain the nuances of a new law and advise how best to comply and avoid complaints and litigation going forward. Please don’t hesitate to contact our offices should you have questions or concerns. (Read-on for Brian Ewing’s article summarizing AB- 1522 .)

“HEALTHY WORKPLACES, HEALTHY FAMILIES ACT OF 2014”

The California legislature recently passed, and Governor Brown has now signed, the “Healthy Workplaces, Healthy Families Act of 2014.” In short, this bill requires essentially all California employers to provide paid sick time to most full and part time employees, or face fines and other onerous penalties.

Sick time requirement

This new law mandates that employers provide to their employees paid sick time at the rate of no less than one hour for every 30 hours worked.  Employees are entitled to use paid sick time starting on their 90th day of employment for their own illness, to care for an ill family member, or for court dates, medical treatment or counseling if they are victims of domestic violence.

Unused sick time carries over from year to year, however, a company may limit an employee to using 24 hours, or 3 sick days, per year. Accrual of sick time can be capped at 6 days, or 48 hours. Unused sick time does not need to be paid when the employee stops working for the company (unlike vacation time.)  However, if an employee is rehired within a year, past accrued sick time must be reinstated.

Sick time is paid at the employees’ hourly rate.  However, if the employee has varied hourly rates, or is paid commissions, piece rates, or salary, the sick time must be paid at a rate determined by dividing the employees’ total wages over the past 90 days (excluding overtime pay) by the total hours worked over the past 90 days. (This is similar to, but not precisely like, the “regular rate” for purposes of overtime pay.)

Applicability 

This law applies to employers of all sizes in California, and goes into effect on July 1, 2015. The sick time must be provided to all employees who work over 30 hours per year, regardless of whether they are full time or part time. The requirement does not apply to workers subject to collective bargaining agreements that meet certain criteria, providers of in-home supportive services, and certain airline employees.

Information requirements

Information about accrued and used sick time must be included as part of each employee’s itemized wage statement. Employers must also include certain new language in the notice to new hires required by California Law. The statute also includes workplace posting requirements to inform workers of their right to take paid sick time, and requires records of sick time be maintained for each employee for three years.

Steps to take

Employers must prepare to have a paid sick time policy that meets the above requirements by July 1, 2015, which specifically allows employees to take at least three paid sick days per year. Employers must also keep accurate sick time records along with other payroll records, ensure sick time is reported on pay stubs, and ensure that their 2015 employment law poster contains the information mandated by the new law. (Cal Chamber’s 2015 poster will likely comply with the new requirement.) Employers should provide future new hires with informational forms that include the new required language. (Presumably the California Labor Commissioner will post an updated template form for employers to use.) If an employer already has a sick time policy that meets the above requirements, no policy changes need to be made, but make sure to implement the posting and record keeping changes as necessary.

Enforcement

The new law prohibits retaliation against employees who seek to assert their rights under the statute. The law also allows employees to file claims with the Labor Commissioner, or in court, to seek withheld payments for sick time, reinstatement, back pay, and/or administrative penalties for violations of its provisions, including the record keeping and informational provisions.n

By: Brian E. Ewing, Esq.

Type of Post: post

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