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:

Health Care Reform: December 3

Team Communication: November 6

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

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: December 12 9:00am - 12:00pm a few seats left
1:00pm - 4:00pm still available
& March 26

Spanish Language Harassment & Discrimination Prevention: 
TBD

 

IN THIS ISSUE

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

2. HR Q & A
    HAPPY HOLIDAYS...BUT...

      by Robert Russell, SPHR-CA, TPO, Principal Lic: PI-25638

3. CA WAGE & HOUR QUICK TIP
    AUDIT YOUR CA PAYSTUBS!

      by Melissa Irwin, SPHR-CA, TPO

CALIFORNIA HR LEGISLATION

by Melissa Irwin, SPHR-CA of TPO

Want More Details?
Click on each bill to be directed to a tracking website. From there you can read the actual text of the bill!

California

NEW CALIFORNIA LAWS

Governor Brown had until October 13, 2013 to sign or veto bills into law. Those listed below go into effect January 1, 2014 unless otherwise noted. As the details of the laws become available, we will keep you up- to-date.

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.

  • Exempt salary threshold also increases: The increase in minimum wage also increase the minimum salary requirement for exempt employees under California law. 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 ($33,279.96 per year). That amount will increase to $720 per week ($37,440 per year) on July 1, 2014, and $812 per week ($42,224 per year) on January 1, 2016.

  • Additional city requirements: San Francisco's minimum wage is already $10.55, and San Jose's will raise to $10.15 per hour effective January 1, 2014.

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:Have you completed required harassment training for 2014? 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.

Stalled California Bills that Will NOT become law:

Familial Status – Senate Bill (SB 404) if passed would have created an additional protected category under the Fair Employment and Housing Act (FEHA) for "familial status." Did not make it to the Governor for consideration.

Paid Family Leave Program – Senate Bill(SB 761) if passed would have changed the paid family leave program from a wage replacement insurance program into a new protected leave of absence that would have allowed an employee to file litigation for any alleged retaliation or discrimination as a result of their intent, request, or use of the paid family leave. Did not make it to the Governor for consideration.

Social Media, Public Employers – Assembly Bill(AB 25) if passed would have expanded existing law to public sector. Existing law prohibits a private employer from requiring or requesting an employee or applicant for employment to disclose a username or password for the purpose of accessing personal social media, to access personal social media in the presence of the employer, or to divulge any personal social media. Did not make it to the Governor for consideration.

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).

New Federal Regulation: The U.S. Department of Labor 's Wage and Hour Division (WHD) has released its final rule extending minimum wage and overtime protections under the Fair Labor Standards Act (FLSA) to home care workers. Under the final rule, effective on January 1, 2015, third party employers such as home care staffing agencies are not entitled to claim either the FLSA's companionship services or live-in domestic service employee exemptions.

 

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

Back to the top

 

HAPPY HOLIDAYS BUT...

by Robert Russell, SPHR-CA, TPO, Principal Lic: PI-25638

Hard to believe the 2013 holiday season is just around the corner! 'Tis the season to remind all of our clients that though the Holidays are a perfect time to let employees know how much you appreciate their hard work by having company parties and celebrations, it is also a time when alcohol consumption, and thus potential employer-liability, is an unfortunate reality. You may have read articles where employers have been held liable for their employees consuming alcoholic beverages at company events, driving an auto, and then hurting or killing innocent victims.

Therefore, if you are in the process of planning this year's celebration for your employees, please consider the following points as part of that planning. Whether an official company-sponsored event or an unofficial couple of glasses of wine at the end of the day, certain measures should be taken to help minimize any related liability and most importantly, the safety of your employees and the public.

If your company often has informal or formal social events that include alcohol consumption "off-the-job," it might be wise to include an appropriate policy regarding this in your employee handbook.

Because of the potential liabilities, many companies are choosing to coordinate family-oriented, non-alcohol celebrations for their employees. If you decide to serve alcohol, always make a good faith effort to limit intake, and consider these suggestions (some of which are based on actual court cases) to reduce risks of liability:

We hope your holiday season is full of fun and festivities, and that these suggestions will help ensure that 2014 is a safe and prosperous New Year!

As always, give us a call if we can help with any of your holiday celebration policy questions!

Back to the top

 

AUDIT YOUR CA PAYSTUBS!

…Do yours have the 9 required items?

by Melissa Irwin, SPHR-CA of TPO

CA Labor Code Section 226 requires that employers must provide information about wages and deductions, including:

  1. Gross wages earned
  2. Total hours worked by the employee (nonexempt)
  3. Number of piece-rate units earned and the applicable rate of pay
  4. All deductions
  5. Net wages earned
  6. Inclusive dates of the pay period
  7. Name of the employee and the employee's identification number
  8. Name and address of the employer
  9. All applicable hourly rates of pay and the corresponding number of hours worked at each rate

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

Back to the top

We look forward to the opportunity to provide each of you with unlimited phone/email access, reduced consulting and training rates, eCompliance notices, attendance to our Annual Employment Law & Leadership Conference at no additional cost, and priority status when you require TPO support from any of our highly qualified team of nationally certified HR experts! Thank you for joining!




Click on logos to learn more!

 

Back to the top