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New Employment Laws Affecting California Employers

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Effective April 30, 2018

Download the New Employee Classification Test

1 – Employee or Independent Contractor? New “ABC Test” Replaces Multi-Facts Tests (Immediate Action Require). Effective April 30, 2018, determining whether a worker has been correctly classified as an independent contractor will be determined by a new “ABC Test.”

On April 30, 2018, the California Supreme Court with its decision in Dynamex Operations West, Inc. v. Superior Court, No. S222732, made it significantly more challenging for California employers to hire individuals as independent contractors.

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New Employment Laws Affecting California Employers Items 6-11

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6 – Employee Reproductive Health Are Now Protected. Effective January 1, 2018, an individual’s right to privacy (Cal. Const. Article I, Sec. 1) includes the right of freedom to make reproductive health decisions free from interference from their employers. Labor Code § 2810.7 makes it unlawful for a California employer to take any adverse employment action against an employee, their dependent, or family member based upon their reproductive health decision, including the timing thereof, the use of any drug, device, or medial service. Violation subjects both the employer and the person violating the law to civil liability for discrimination. Remedies also include reimbursement, reimbursement for lost wages and interest thereon. Employer are also required to provide notice of an employee rights and remedies in employee handbooks.

Immediate Action Required: Review and revise Employee Handbooks, Forms, and Notices. Provide training to all personnel of the new law.

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New Employment Laws Affecting California Employers items 1-5

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The materials contained herein are for information purposes only and not for the purpose of providing legal advice. For advice about a particular problem or situation, please contact an attorney.

Effective January 1, 2018

There are eleven (11) significant developments in California employment law which require your attention:

1 – Minimum Wage & Minimum Salary Threshold Increased. Effective January 1, 2018, California’s state minimum wage increased for employers with twenty-six (26) or more employees from $10.50 to $11 per hour. The state minimum wage remains $10.50 per hour for employers with twenty-five (25) or fewer employees.

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New Employment Laws Affecting California Employers – August 2017 Update

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The materials contained herein are for informational purposes only and not for the purpose of providing legal advice. For advice about a particular problem or situation, please contact an attorney.

1 – New Notice Requirements Re Employee’s Sexual Assault / Domestic Violence Leave Rights (Immediate Action Required for employers with 25 or more employees). Effective January 1, 2017, employers with 25 or more employees have had to provide written notice to new employees, and to current employees upon request, of the time off and accommodation rights under Labor Code §§ 230 and 230.1.

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New Employment Laws Affecting California Employers

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The materials contained herein are for informational purposes only and not for the purpose of providing legal advice. For advice about a particular problem or situation, please contact an attorney.

New Employment Laws Affecting California Employers

July 2017 Update

1 – New Employment Eligibility Verification Form, I-9 Form. (Immediate action required) Enacted in 1986, the federal Immigration Reform and Control Act (“IRCA”) made it illegal to knowingly hire or employ anyone who is not authorized to work in the U.S. The IRCA requires that each new employee complete an I-9 Form on their first day of work, and provide certain documents showing proof of identity and eligibility to work in the U.S. by day three (3) of their employment.

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New Employment Laws Affecting California Employers Employee Compensation Part II

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2 – Possible Updated Federal Minimum Salary Threshold For Overtime Exemptions. Effective December 1, 2016, the Federal Department of Labor issued revised regulations increasing the minimum salary requirements for the Administrative and White Collar Overtime Exemptions from $455 per week ($23,660 annually) to $913 per week ($47,476 annually).

However, on November 22, 2016, in a lawsuit brought by twenty-one states, a federal judge issued a preliminary injunction temporarily staying implementation of the new federal regulation. The new regulation is now on hold, pending judicial review. Implementation of the increased federal minimum salary threshold is on hold, and will likely not be resolved for some time.

Recommended Action: Keeping up with applicable wage and hour law is critical to avoiding future employee claims for unpaid wages. Employers are urged consult with an employment attorney, and with your payroll company to ensure ongoing compliance with these rapidly changing laws.


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New Employment Laws Affecting California Employers Employee Compensation Part I

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The materials contained herein are for information purposes only and not for the purpose of providing legal advice. For advice about a particular problem or situation, please contact an attorney.

New Employment Laws Affecting California Employers

Employee Compensation

Effective January 1, 2017

 

There are nine (9) significant developments in California employment law, affecting employee compensation which require your attention:

1 – State Minimum Wage Increases To $10.50 Per Hour; New Minimum Salary Threshold For Overtime Exempt Employees Created. Effective January 1, 2017, California’s state minimum wage will increase from $10.00 to $10.50 per hour. California also added a “minimum salary threshold,” or a minimum amount of pay employees must receive as an additional requirement to quality for overtime exemptions. Effective January 1,2 017, all overtime exempt employee must earn at least $43,680 per year ($21 per hour based on a 40-hour workweek).

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Time Off To Vote On Election Day? Paid Time Off? Possibly.

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Election day is November 8, 2016 and all polling stations will be open from 7:00 a.m. to 8:00 p.m.  Employees who have not yet voted via absentee ballot or early voting who do not have sufficient time outside of their working hours to vote, can qualify to take as much time off as they reasonably need to vote. Typically, Elections Code § 14001 applies to a very limited number of employees. For example, the employee would need to have an hour commute, and be scheduled to work a twelve (12) hour starting at 7:00 a.m. in order to qualify. This employee would qualify as he could not reasonably reach his polling station before it opened 7:00 a.m. or closed at 8:00 p.m.

However, this is not a typical election year. The ballot is very long – more than a hundred items. Employer should therefore expect employee to ask for time off on election day due to the long lines at the polls.

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New Employment Laws Affecting California Employers Effective January 1, 2016 Part III

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The materials contained herein are for information purposes only and not for the purpose of providing legal advice. For advice about a particular problem or situation, please contact an attorney.

State Minimum Wage Increases To $10 Per Hour. Effective January 1, 2016, California’s state minimum wage will increase to $10.00 per hour. Please note that some cities, including Berkley, Oakland, San Francisco, San Jose have higher city-wide minimum wages. Berkeley’s minimum wage will increase from $11.00 per hour to $12.53 per hour on October 1, 2016, while San Francisco’s and San Jose’s minimum wages are scheduled to increase gradually from $12.25 per hour to $15 per hour by 2018.

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New Employment Laws Affecting California Employers Effective January 1, 2016 Part II

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The materials contained herein are for information purposes only and not for the purpose of providing legal advice. For advice about a particular problem or situation, please contact an attorney.

California Fair Pay Act Mandates Equal Pay For Substantially Equal Work. The California Fair Pay Act expands prior equal pay laws by permitting claims to be based on employee wage rates in any of the employer’s facilities and different job categories, so long as the work in questions is substantially similar.

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