California

California SB 1159 Expands Presumption of Workers’ Compensation Liability for COVID-19 Illness Claims: Signed into Law on September 17, 2020

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

[et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”3.22″][et_pb_row admin_label=”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 admin_label=”Text” _builder_version=”4.4.5″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”]In May, California Governor Newsom signed Executive Order N-62-20, which created a rebuttable presumption that certain employees who test positive for COVID-19 contracted the virus at work for workers’ compensation purposes. With the governor’s order expiring on July …

California SB 1159 Expands Presumption of Workers’ Compensation Liability for COVID-19 Illness Claims: Signed into Law on September 17, 2020 Read More »

Are We Obligated to Give Employees Time off from Work to Vote?

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

[et_pb_section fb_built=”1″ admin_label=”section” _builder_version=”3.22″][et_pb_row admin_label=”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 admin_label=”Text” _builder_version=”4.4.5″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”]Federal law does not require giving employees time off to vote, but a majority of states and some local ordinances mandate voting leave time, especially when an employee’s work hours do not permit sufficient time to vote during …

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URGENT CA: California Now Requires Reporting of Pay Data by Race and Gender for 2021

California, Federal Updates, State & Federal Employment Law Updates / 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”]In an effort to address race and gender-based pay gaps, on September 30, 2020, California Governor Gavin Newsom signed Senate Bill 973 (SB 973) into law. Here is what you need to know:   SB 973 requires that California employers with …

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URGENT CA: California Family Rights Act Expanded

California, Federal Updates, State & Federal Employment Law Updates / 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” hover_enabled=”0″]On Thursday, September 17th, 2020, Governor Newsom signed legislation that will greatly expand the California Family Rights Act in a manner that will impact both small and large California employers. The CFRA requires covered employers to provide up to 12 …

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CA: Supplemental Paid Sick Leave for California Employees Passed Into Law

California, COVID-19/Coronavirus, Federal Updates, State & Federal Employment Law Updates / 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”]On Wednesday, September 9, 2020, Governor Newsom signed AB 1867 into law providing supplemental paid leave for California employees and codified provisions of Executive Order N-51-20 that had already provided paid sick leave for “food sector workers.”  California employers must take …

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URGENT: Guardian HR’s Simple Guide to Determine if your Business is Ready to Open

California, COVID-19/Coronavirus, Employee Benefits, Employee Management, Employment Law & HR Topics, Federal Updates, Forms and Policies, Leaves of Absence, Safety, State & Federal Employment Law Updates / By

Guardian HR recommends you follow these steps to analyze whether or not your company is prepared to open during the COVID-19 pandemic. Besides continuing to follow the recommendations issued by state and local health departments when determining the most appropriate actions to take, you should pay particular attention to the five steps listed below: Consider …

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URGENT: COVID-19 Return to Work Checklist Supplement

California, COVID-19/Coronavirus, Employee Benefits, Employee Management, Employment Law & HR Topics, Federal Updates, Forms and Policies, Leaves of Absence, Safety, State & Federal Employment Law Updates / By

This alert is a supplement designed to be a part of our previous COVID-19 Return to Work Checklist LAWlert: The health and economic conditions created by the COVID-19 crisis have caused unprecedented disruption in the workforce. Now, as some employers begin to bring employees back to work, they are faced with a new set of challenges. …

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URGENT: Agency Guidance – IRS Notices Announce Increased Flexibility for Certain Plans

California, COVID-19/Coronavirus, Employee Benefits, Employee Management, Employment Law & HR Topics, Federal Updates, Forms and Policies, Leaves of Absence, Safety, State & Federal Employment Law Updates / By

Issue Date: May 13, 2020 Our partners at Benefit Comply has put together some crucial information on the IRS’s national response to the 2019 Coronavirus outbreak. The first notice increases “flexibility with respect to mid-year elections under a §125 cafeteria plan during the calendar year 2020 related to employer-sponsored health coverage, health Flexible Spending Arrangements …

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URGENT CA: Comparison COVID-19 Paid Leave

California, COVID-19/Coronavirus, Employee Benefits, Employee Management, Employment Law & HR Topics, Federal Updates, Forms and Policies, Leaves of Absence, Safety, State & Federal Employment Law Updates / By

[et_pb_section][et_pb_row][et_pb_column type=”4_4″][et_pb_text] In the face of the COVID-19, Guardian HR wants to keep employers aware of available California leave benefits. What employees are entitled to may be confusing. Below you will find an overview of the different types of CA paid leave and our comparison guidance sheet to determine which paid leave best works for …

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URGENT: San Francisco Public Health Emergency Leave (PHEL)

California, COVID-19/Coronavirus, Employee Benefits, Employee Management, Employment Law & HR Topics, Federal Updates, Forms and Policies, Leaves of Absence, Safety, State & Federal Employment Law Updates / By

Companies with 500 or more employees worldwide, with a presence in San Francisco, must provide 80 hours of PHEL to full-time employees and the average number of hours worked over a two-week period for part-time employees (average over the last 6 months ending 2/25). Sick Leave is available for immediate use and may be taken …

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URGENT CA: Uber and Postmates lost a bid to temporarily block California’s new gig-worker law

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

Uber Technologies Inc. failed to persuade a judge to shield its drivers from California’s gig-worker protection law while the company challenges the landmark measure in court. A federal judge in Los Angles rejected a request by Uber and Postmates to temporarily block enforcement of Assembly Bill 5, which aims to convert gig-economy workers from independent contractors …

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IMPORTANT CALIFORNIA 2020: New Decade, New Employment Laws!

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

Each new year brings about new changes in employment law. Governor Gavin Newsom signed into legislation a number of new laws that impact California employers. Here’s what to look for in 2020: AB 5 – New Employee Classification Test: The law codifies and modifies the California Supreme Court’s “ABC test” from its decision in the …

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URGENT CA: California bill signals ‘brand new ball game’ for gig economy businesses

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

With details still being hashed out and the governor still in negotiations with powerhouse companies, the California Legislature has passed a bill expected to make the gig economy workforce more expensive to maintain. The legislature passed Assembly Bill (AB) 5 late September 10, 2019, a bill that largely codifies the 2018 Dynamex Operations West, Inc. …

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URGENT CA: BREAKING NEWS! California Harassment Prevention Training Requirement – Extension of Training Deadline Announced!

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

California Governor Gavin Newsom just signed Senate Bill (SB) 778. Effective immediately, this bill extends the deadline for employers with five or more employees to provide the legally required harassment prevention training by one year—from January 1, 2020 until January 1, 2021. By way of background, a law signed last year (SB 1343), required employers …

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URGENT CA: California Law Bans Hair Discrimination

California, Discrimination & Harassment, Employee Management, Employment Law & HR Topics, Hiring, Labor Law Posters / By

California has become the first state in the nation to prohibit discrimination based on natural hair or hairstyles. The bill expands the definition of “race” under state anti-discrimination law to include traits historically associated with race, including hair texture and protective hairstyles. On July 3, Gov. Gavin Newsom signed the CROWN Act – which stands …

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URGENT CA: Fraudulent Labor Law Poster Inspections

California, Labor Law Posters / By

It has come to our attention an individual or individuals are approaching local businesses impersonating agents performing labor law poster inspections. As a part of this apparent scam, fines are being threatened for non-compliant posters and payment is being demanded on site. According to your local labor commissioner’s office, their agents will NEVER ask for …

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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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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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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 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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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 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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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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California Employer LAWlert: Get Ready! New Minimum Wage Ordinance for City of Los Angeles is Coming

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

Important Points: The wage ordinance applies to full-time, part-time and temporary employees who perform at least two hours of work within a particular week in the City of Los Angeles. Los Angeles employers must post the notice published by the Wage Enforcement Division showing the current minimum wage. The potential fine for failing to post …

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State Minimum Wage Increases Effective January 1st

Alaska, Arkansas, California, Connecticut, Hawaii, Maryland, Massachusetts, Michigan, Nebraska, New York, Rhode Island, State & Federal Employment Law Updates, Vermont, Wage & Hour, West Virginia / By

State                  Current     Jan 1st    Increase  Alaska                  $8.75         $9.75       $1.00  Arkansas             $7.50         $8.00      $0.50  California            $9.00       $10.00    $1.00  Connecticut       $9.15         $9.60     …

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New Laws in California, Louisiana and Texas Effective January 1, 2016

California, Employment Law & HR Topics, Forms and Policies, Louisiana, Safety, State & Federal Employment Law Updates, Texas, Wage & Hour / By

California School Activities Leave Expansion Starts January 1 California’s law allowing unpaid time off for employees to participate in their children’s school or daycare activities will be expanded effective January 1. Current law requires employers with 25 or more employees to provide unpaid leave to employees who are a parent, guardian, or grandparent with custody …

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California Employer LAWlert: Governor Signs More New Employment Bills into Law

California, Discrimination & Harassment, Employment Law & HR Topics, Leaves of Absence, State & Federal Employment Law Updates, Wage & Hour / By

Governor Edmund G. Brown recently signed several new employment bills into law for California Employers.  PAGA amended California’s Private Attorney General Act (PAGA) authorizes an employee to file a civil action to recover specified civil penalties that otherwise would be assessed and collected by the Labor and Workforce Development Agency on behalf of the employee …

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California Employer LAWlert: NEW AB 1513 Severely Limits Piece-Rate Compensation for Employers

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

Governor Edmund Gerald Brown, Jr. signed into law legislation that re-writes the definition and rules governing the payment of piece-rate compensation in California. Assembly Bill (AB) 1513 creates new California Labor Code section 226.2 and sets forth requirements for the payment of a separate hourly wage for “nonproductive” time worked by piece-rate employees, and separate …

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