CA EMPLOYMENT ESSENTIALS (CEE) is a 6 module training series of employment essentials focusing on regulatory compliance and HR best practices. Hiring to Separation: What Management and HR MUST KNOW!

MANAGEMENT EXCELLENCE SERIES (MES) is an 8 module training series focusing on practical leadership and communication skills to help managers DEVELOP OR REFINE THEIR EFFECTIVENESS AS LEADERS!

Dates of Upcoming Series:

CEE Begins: March 6
& May 14

MES Begins: April 9

TPO's popular prescheduled three-hour (9am - noon) workshops are presented on a wide range of important regulatory and leadership topics. Many are available to attend via webinar.

Dates of Upcoming Workshops:

How to Say It: February 13

Excelling as a Supervisor/Mgr: June 19

TPO brings you periodic briefings presented by knowledgeable subject matter experts on a variety of timely employment topics.

Dates of Upcoming Briefings:

External HR Support Briefing: February 26

If you want to hone your leadership skills… add to your core competencies…and keep filling your talent bucket – but don't have time for a live training seminar? Check out and log on to TPO's 2014 Webinar Leadership Skills Series!

Dates of Upcoming Webinars:

Communication Styles: January 8

Communication Techniques: February 19

TPO's H&D prevention training goes above and beyond to address all forms of harassment and discrimination (age, race, religion, disability, etc.) that today's managers must be prepared to prevent and address.

Dates of Upcoming H & D:

Harassment & Discrimination Prevention: March 26

Spanish Language Harassment & Discrimination Prevention: 
May 8

 

IN THIS ISSUE

1. HR LEGISLATION AND REGULATIONS
      by Melissa Irwin, SPHR-CA, TPO

2. HR Q & A
    NEW MANDATED WAITING PERIOD FOR BENEFITS?

      by Kathrine Parsons, SPHR-CA, TPO

3. CA WAGE & HOUR QUICK TIP
    CA Minimum Wage Increase may Mean a
    Mandatory Raise for Your Salary, Exempt Positions!

      by Melissa Irwin, SPHR-CA, TPO

HR LEGISLATION AND REGULATIONS

by Melissa Irwin, SPHR-CA of TPO

NEW CALIFORNIA LAWS

The dust is settling on the new laws and how they will impact CA employers. Those listed below go into effect January 1, 2014 unless otherwise noted.

New CA Law - Minimum Wage - Assembly Bill (AB 10) raises the current state minimum wage of $8 per hour to $9 per hour by July 1, 2014, and then $10 per hour by January 1, 2016.

  • Additional city requirements: San Francisco's minimum wage will rise to $10.74 per hour and San Jose's will rise to $10.15 per hour, both effective January 1, 2014.

More details on legislation and trending court cases will be provided at the TPO/Littler Annual Conference! Click here for more information

 

New CA Law - Paid Family Leave (PFL) Insurance – Senate Bill (SB 770) expands the current EDD program which provides partial wage replacement benefits to employees who take time off to care for a seriously ill grandparent, grandchild, sibling or parent-in-law. Currently the program is for employees who take time off to care for a seriously ill child, spouse, parent or domestic partner, or for baby bonding. This new law takes effect July 1, 2014.

  • Clarification: This wage replacement insurance plan does not provide a requirement for employers to provide a leave of absence, rather, it provides the benefit if the leave is approved.

New CA Law - Sexual Harassment - Senate Bill (SB 292) provides that a person prosecuting a claim of sexual harassment need not prove that the sexually harassing conduct was motivated by sexual desire.

  • Harassment Training:Is your Harassment Training in compliance? Click here for more information.

New CA Law - Victims of Stalking – Senate Bill (SB 400) extends current protections required of employers for employees who are victims of domestic violence and sexual assault to employees who are known or suspected victims of stalking, and requires reasonable accommodations.

New CA Law - Veteran Status - Assembly Bill (AB 556) creates an additional protected category under the Fair Employment and Housing Act (FEHA) for veteran status.

New CA Law - Domestic Workers - Assembly Bill (AB 241) provides that individuals who work in many household occupations (nannies, housekeepers, and individuals who provide care for the elderly and/or disabled within a private household ) are now required to be paid overtime compensation at a rate of one and one-half times their regular rate for all hours worked in excess of 9 hours per day or 45 hours per week.

  • Exclusions: The law excludes "casual babysitters" whose work is intermittent or irregular as well as babysitters who are under age 18, and further excludes individuals who work in residential care facilities.

New CA Law - Immigrant Driver's License – Assembly Bill (AB 60) requires the California Department of Motor Vehicles (DMV) to issue a driver's license to undocumented persons who can prove identity and California residency and meet all other licensing requirements, such as the written and behind-the-wheel exams.

  • I-9 verification: The card will have a notation on it stating that it is not acceptable for federal purposes, such as verifying eligibility for employment.

New CA Law – Background Checks (state or local agencies only) – Assembly Bill (AB 218) requires that state or local agencies may ask an applicant to disclose criminal conviction only AFTER meeting minimum employment qualifications. Effective 7/1/14.

NEW San Francisco Ordinance: San Francisco recently passed an ordinance that will require employers with employees working in San Francisco to consider requests for "flexible or predictable working arrangements to assist with care giving responsibilities." Key provisions:

  1. An employer covered by the ordinance is someone employing 20 or more employees and an employee is someone working within the geographic boundaries of San Francisco, including part-time employees.
  2. An employer can deny the request for bona fide business reasons.
  3. The ordinance also protects employees from retaliation for making a request and protection from adverse action based on caregiver status.
  4. The ordinance requires a poster informing employees of their rights under the ordinance (not yet available).

PENDING FEDERAL LEGISLATION:

With Congress focusing on the Patient Protection and Affordable Care Act (PPACA), many other federal employment-related initiatives have been put on the back-burner. As initiatives gain momentum again, TPO will provide relevant updates and outcomes!

 

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Is There Really a New Mandated Waiting
Period for Benefits in 2014???

by Kathrine Parsons, SPHR-CA of TPO

That's a rumor many employers are asking as they learn more and more about how the PPACA (Patient Protection and Affordable Care Act) will impact their current medical insurance plans.

Yes, that rumor is true. As an employer you already know that California laws and regulations are often more strict than federal laws, and therefore more generous to employees. In this case California's AB-1083 goes beyond the federal PPACA:

This new law applies to all fully insured health plans and HMO contracts; there is no exception for being a small (or large) employer. Further, this applies to all California residents even if the contract was issued in a different state. This does not apply to large employers that are fully or partially self funded, or to plans renewed or delivered in other states. To make it a bit more interesting, this limitation to waiting periods does not apply to dental, vision or life insurance plans. Our recommendation:

  1. the first of the month following the hire date, the most conservative option, or
  2. the first of the month following 30 days of employment.

Finally, we can't forget about penalties, right? The good news is that California's penalties for non-compliance of this law are directed toward the carriers, not the employers. But that does not let you off the hook. Remember that employees as well as employers are learning more about PPACA every day. If an employer does not place an eligible employee on a plan within 60 days, the employee can pursue legal action. There are federal penalties for employers who have a waiting period of more than 90 days, but we'll have to wait and see how those play out in California.

The bottom line: TPO suggests you re-examine your waiting period for compliance with AB1083 and make appropriate adjustments in your open enrollment materials as well as in your employee handbooks.

More Questions? Call your TPO Consultant for the Answers!

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CA Minimum Wage Increase may Mean a Mandatory RAISE for Your Salary, Exempt Positions!

by Melissa Irwin, SPHR-CA of TPO

CA state minimum wage for hourly, non-exempt positions will increase from the current $8.00 per hour to:

Exempt salary threshold also increases: While employers make any modifications needed, make sure to also look at the salary your exempt positions are earning!

To qualify as exempt under the executive, administrative, or professional exemptions, an employee must earn a weekly salary of at least twice the state minimum wage for full-time employment.

Currently, exempt employees must earn at least $640 per week (annualized to $33,279.96 per year). That amount will increase to:

Minimum Wage Posters: New posters must be posted prior to each of the increases. As of the publication of this eNews, this poster is not yet available on the Division of Industrial Relations' (DIR) website, http://www.dir.ca.gov/wpnodb.html, but will be available closer to the roll-out date.

If you would like to discuss this issue further, please give your TPO Consultant a call!

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Robin McCrae, Executive Director

CHS has been a TPO member since 2003. How do you feel TPO contributes to the operation's success?

"Running a nonprofit can be challenging and often requires  CEOs to be, if not expert at a lot of things, at least a jack of all trades.  But human resources laws and practices change so frequently, it’s difficult to keep up.  We count on TPO to be our HR experts and guide us through things such as policy revisions, coordination of leaves and benefits, staff development – even third party investigations.  Jill and Robert and all their employees are great to work with.  With TPO, I have confidence that our HR house is in order."

Since 1969, CHS has provided professional, affordable mental health and substance abuse counseling and recovery services to the residents of Monterey County. Our services focus on the entire family, with programs for people of all ages. Programs include the Family Service Centers, Genesis House, Elm House, Off Main Clinic, Safe Place and Safe Passage.
For More Information: www.chservices.org or call Robin at 831.658.3811.

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