Employment Law & HR Topics

Colorado Alert: New Overtime and Minimum Pay Provisions Take Effect March 16

Colorado, Employment Law & HR Topics, Wage & Hour / By

[et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text _builder_version=”4.4.5″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”]The Colorado Department of Labor and Employment (CDLE) has adopted finalized new standards for overtime, minimum pay, and employee breaks. The changes affect most employers and significantly increase the number of Colorado workers eligible for overtime pay and mandated breaks. As …

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New California Overtime Laws for AG Workers

California, Employment Law & HR Topics, Wage & Hour / By

As of January 1, 2019, recent state legislation has changed overtime eligibility for California workers in the agricultural industry. Under the former Wage Law Order No. 14, agricultural laborers receive overtime rates after 10 hours in a day or after 6 days in a workweek. The new bill, known as AB 1066 or the Phase-In Overtime for Agricultural …

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2019 Federal & State Minimum Wage Update

Employment Law & HR Topics, State & Federal Employment Law Updates, Wage & Hour / By

The following states do not allow a Tip Credit: Alaska, California, Minnesota, Montana, Nevada, Oregon, and Washington. Please be aware that there may be updates and changes to these rates made by the agencies throughout the year. Parties remain independently responsible for determining whether their wages are in compliance with federal and state law. Therefore, …

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CA LAWlert: New California Employment Laws Will Require Significant Changes in 2019

California, Discrimination & Harassment, Employee Management, Employment Law & HR Topics, Federal Updates, State & Federal Employment Law Updates, Wage & Hour / By

California Governor Jerry Brown recently signed into law several bills that will have significant impact on employers’ workplace obligations. Effective January 1, 2019, the new laws will restrict nondisclosure agreements and certain settlement agreements covering harassment and discrimination claims, significantly expand harassment training obligations (including for employers of under 50), require female quotas on California-headquartered …

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AZ LAWlert: Arizona Minimum Wage Increase, Effective January 1, 2019

Arizona, Employment Law & HR Topics, Wage & Hour / By

The Arizona minimum wage is set to go to $11 an hour, up from $10.50, on January 1. As a result of voters passing Proposition 206, the Fair Wages and Healthy Families Act, in 2016. An effort to lock in the statewide minimum at $10.50 and repeal the Act’s paid sick time requirement failed to …

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CA UPDATE: California Governor Jerry Brown Signs Law Updating Sexual Harassment Training Requirements

California, Discrimination & Harassment, Employment Law & HR Topics / By

On the heels of New York State’s first deadline for new anti-harassment laws, California Governor Jerry Brown signed Senate Bill 1343 into law on September 30, 2018. SB 1343 amends certain sections of the California Fair Employment and Housing Act so that employers must provide harassment prevention training to all employees. Previously, California employers of …

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URGENT NY UPDATE: New York State and NYC Implements Sexual Harassment Laws

Discrimination & Harassment, Employment Law & HR Topics, New York / By

New York State and New York City have passed sweeping laws aimed at preventing sexual harassment in the workplace and limiting the use of mandatory arbitration and non-disclosure provisions in resolving sexual harassment claims. These new protections, which are now law in New York State and New York City, will require New York employers to revise …

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WA UPDATE: Washington State Paid Family Leave Law

Employee Benefits, Employment Law & HR Topics, Leaves of Absence, State & Federal Employment Law Updates, Washington / By

DEDUCTIONS EFFECTIVE 1-1-19 BENEFITS EFFECTIVE 1-1-20 All Washington employers must provide paid family and medical leave under a bill signed by Gov. Jay Inslee on July 5. The new law creates an insurance fund that employers and employees both pay into, with a 0.4 percent payroll tax. Payroll deductions will begin on Jan. 1, 2019, …

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URGENT CA EMPLOYERS: California Supreme Court Rules Employers Must Pay Workers for Off-the-Clock Duties

California, Employment Law & HR Topics, State & Federal Employment Law Updates, Wage & Hour / By

Starbucks and other employers in California must pay workers for the minutes they spend on work-related duties before and after they clock out, the California Supreme Court decided Thursday, July 25, 2018. The court held in a unanimous decision that workers should be paid for off-the-clock work tasks, such as setting a store alarm, locking …

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URGENT CA UPDATE: California Cities Minimum Wage Increase Update

California, Employment Law & HR Topics, State & Federal Employment Law Updates, Wage & Hour / By

In recent years many cities and municipalities in California have established their own minimum wage rates.Here is a list of the current 2018 rates along with the previous 2017 rates. The following California cities have minimum wage increases, effective July 1, 2018: Belmont, CA: Minimum Wage of $12.50 per hour. Emeryville, CA: Minimum Wage of …

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CA SUMMER WORKING HOURS: Overtime Considerations for California Employers

Employment Law & HR Topics / By

It’s summer and most of us are looking forward to being able to get outside until the sun goes down late in the evening and to that end many employers are sensitive to the desires of their staff trying to develop creative schedules to allow employees to take advantage of the longer days. However, no …

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URGENT CA UPDATE: California Supreme Court Adopts New Independent Contractor Test

Employment Law & HR Topics / By

In Dynamex Operations v. Superior Court, the California Supreme Court has adopted a new three-part test to determine whether a worker is an independent contractor or an employee under California’s wage orders, which regulate wages, hours, and working conditions. The highly anticipated ruling could have wide ranging effects for businesses operating in California and beyond, …

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U.S. Supreme Court Upholds Class Action Waivers in Arbitration Agreements

Employment Law & HR Topics / By

On May 21, 2018 the U.S. Supreme Court has issued a highly anticipated decision on the issue of whether class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA). Class action waivers in employment arbitration agreements do not violate federal law, the Supreme Court has ruled this decision in three …

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2018 Federal and State Minimum Wage Rates

Employment Law & HR Topics, State & Federal Employment Law Updates, Wage & Hour / By

What is the minimum wage for 2018? The minimum wage rate is the lowest hourly pay that can be awarded to workers, also known as a pay floor. Under the FLSA, non-exempt employees must be paid the minimum wage or higher. The following information includes current state and federal minimum wage rates, exceptions, and scheduled …

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Nevada’s Domestic Violence Leave Law: Effective January 1, 2018

Leaves of Absence, Nevada / By

Effective January 1, 2018 Nevada’s Senate Bill 361 requires all Nevada private employers to provide leave to eligible employees who are (or whose family or household members who are) victims of domestic violence, sexual assault, or stalking. Summary The new law covers all Nevada private employers. Under the new law, an employee is eligible for …

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URGENT NY Update: New York City Workplace Fairness Legislation

New York, Wage & Hour / By

Effective 11-26-17, Mayor Ds Blasio has signed into law the New York City Workplace Fairness package of legislation that includes five laws and is directed at both the fast food and retail sectors. This LAWlert focuses on the portion of the laws applicable to the fast food industry.  We will issue a second LAWlert that …

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The Problem: Sexual Harassment In the Workplace, The Solution: Guardian HR’s Sexual Harassment Prevention Training

Employment Law & HR Topics / By

The headlines are screaming it, social media is all over it, and employer’s need to do something about it…SEXUALHARASSMENT IS EVERYWHERE! Sexual harassment is not just for the rich and famous and all employers need to know how to prevent it before they see their names in lawsuits. Years of Experience – The experts at Guardian HR …

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MARIJUANA AT WORK: in the workplace it’s coffee – yes, weed – no.

California, Employment Law & HR Topics, State & Federal Employment Law Updates / By

California was one of the first states to legalize medical marijuana and since that time many states have done the same. Further, a handful of states (California included) have now legalized recreational use of weed as well. This has in turn created confusion for employers in terms of workplace policy, specifically drug use policies. Hopefully …

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URGENT: USCIS Issues New Mandatory I-9 Form

Employment Law & HR Topics, Forms and Policies / By

The U.S. Citizenship and Immigration Services (USCIS) has published the newest version of the I-9 Form. Use of the updated form is mandatory starting September 18, 2017. Employers are to continue following existing storage and retention rules for any previously completed Form I-9. DOWNLOAD UPDATED VERSIONS OF THE I-9 FORM HERE INSTRUCTIONS FOR COMPLETING AND CORRECTING THE I-9 …

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URGENT CA UPDATE: California Employers Must Provide Written Notice of Right to Take Domestic Violence Leave

California, Employment Law & HR Topics, Forms and Policies, State & Federal Employment Law Updates / By

On September 14, 2016, Governor Jerry Brown signed AB 2337 into law which expands the employer notice requirements regarding domestic violence employee protections provided by Labor Code section 230.1. Despite the protections under current law, many employees remain uninformed about their employment-related rights when it comes to domestic violence. This new bill requires employers in California of …

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Minimum Wage Increased in Several Cities Across the US Last Weekend on July 1st

Arizona, California, Employment Law & HR Topics, Illinois, Maryland, Oregon, State & Federal Employment Law Updates, Wage & Hour / By

New minimum wage rates took effect on Saturday, July 1st in cities, counties and states across the country. In San Francisco and Los Angeles, the increase is a step toward a minimum wage of $15 an hour. The minimum wage went up to $14 an hour in San Francisco on Saturday, on the way to $15 …

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RECAP: Employers That Drug-Test Employees Post-Accident: New OSHA Rule Effective Jan. 1, 2017

Employment Law & HR Topics, Forms and Policies, Termination / By

The Occupational Safety and Health Administration (“OSHA”) joined the several other divisions of the Department of Labor in publishing regulations that prohibit or severely restrict employment policies that have been in place – and legal – for years. In May 2016, OSHA published a new rule addressing retaliatory conduct and electronic reporting of occupational injuries …

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Urgent Guardian HR Alert: New U.S. Supreme Court Rulings

Discrimination & Harassment, Employee Benefits, Employment Law & HR Topics, Federal Updates, Forms and Policies, Leaves of Absence, State & Federal Employment Law Updates / By

The United States Supreme Court has issued a landmark ruling in the case of United States v. Windsor, No. 12-307 (June 26, 2013), and an additional important decision in the matter of Hollingsworth, et al. v. Perry, No. 12-144 (June 26, 2013). THE DECISIONS In Windsor, the United States Supreme Court ruled the Defense of Marriage Act of …

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Don’t Lose a Lawsuit Before it’s Filed: Preserve Evidence

Employment Law & HR Topics, Miscellaneous / By

Lawsuits are hard. Don’t make them harder for yourself or your employer by failing to preserve relevant evidence. You need to know that employers have a duty to preserve relevant evidence in employment cases—whether it’s pictures, products, documents, or electronically stored information—and there can be serious repercussions when you “spoliate,” or fail to preserve, such …

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California Employer LAWlert: Action Required – New Anti-Discrimination and Harassment Policy Requirements Start April 1

California, Discrimination & Harassment, Employment Law & HR Topics, Forms and Policies, State & Federal Employment Law Updates / By

New regulations under the California Fair Employment and Housing Act (FEHA), which  prohibit discrimination and harassment in the workplace based on race and gender, among other protected categories, will go into effect on April 1, 2016. Among other things, the new regulations add the following provisions to FEHA: A requirement that businesses with five (5) …

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Form of the Week: Use of Personal Auto for Business Purposes Policy

Employment Law & HR Topics, Forms and Policies / By

We recommend implementing a policy like such if you have employees who drive their personal vehicle for business purposes.   Click the link below to download and customize the policy for your use:  Use of Personal Auto for Business Purposes Policy We hope this information is valuable to you. If you have any questions regarding …

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Form of the Week: Initial Pre-Screen Interview Questionnaire

Employment Law & HR Topics, Forms and Policies, Hiring / By

Help your hiring managers effectively screen candidates and determine which applicants should continue on to the next steps in your hiring process with our Initial Pre-Screen Interview Questionnaire. Ask candidates to complete this questionnaire as part of their written application, during a face-to-face interview, or in an interview over the phone. Please click the link …

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Employers Can Be Liable For Discrimination Against Temporary Workers

Discrimination & Harassment, Employment Law & HR Topics / By

Generally, discrimination statutes require that a worker filing a discrimination lawsuit be an employee of the company being sued. However, a recent decision from the U.S. 3rd Circuit Court of Appeals (whose rulings apply to New Jersey employers) extended the reach of the potential “employment relationship” to include temporary workers who are employed by a …

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