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Cal/OSHA Provides New Safety Information for Housekeeping Workers

2018-07-18

The first ergonomic standard in the nation written specifically to protect hotel housekeepers from musculoskeletal injuries went into effect on July 1, 2018, and requires employers to complete an initial worksite evaluation by October 1 to identify and address housekeeping worker hazards. (Read More) ...

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California Enacts a Privileged Communication Law Regarding Sexual Harassment Claims

2018-07-12

In the wake of the #MeToo movement, many states have been making concerted efforts to address and prevent sexual harassment through proposed legislation. On July 9, California Governor Jerry Brown signed one of those proposals, Assembly Bill 2770, into law.(Read More)
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Judge Rules California Employers May Allow ICE Access Without Warrant

2018-07-10

California employers will not be penalized for allowing federal immigration enforcement agents without a judicial warrant or subpoena to access their worksites and review employee records after a federal district court temporarily blocked the state from enforcing a key provision of a controversial 2017 law. (Read More)...

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9th Circuit Expounds the Meaning of Compensable Time

2018-07-09

When is time compensable under California law? In a recent decision by the 9th U.S. Circuit Court of Appeals, Sali v. Corona Regional Medical Center, the court explained that there are two categories of compensable time: (Read More)...

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What Does the Supreme Court’s Union-Dues Ruling Mean for HR?

2018-07-09

Now that the U.S. Supreme Court has banned mandatory union fees in the public sector, HR professionals working for certain government employers will need to update their payroll practices. (Read More)...

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Employment Law Supreme Court Bans Mandatory Union Fees for Public-Sector Workers

2018-06-27

In a closely watched case, the U.S. Supreme Court overturned 40 years of precedent by ruling that mandatory public-sector union dues are unconstitutional. (Read More)...

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Train Managers to Spot Employment Law Issues

2018-06-18

CHICAGO—There's been an accident at work, an employee is injured and multiple co-workers witnessed the event. After the injured worker has been helped, the manager supervising the crew should: (Read More)...

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IRS 2019 Form W-4 Represents Major Changes to Payroll

2018-06-06

On June 6, 2018, the Internal Revenue Service (IRS) released a draft Form W-4, Employee’s Withholding Allowance Certificate, for 2019. Several changes are fundamental in nature, potentially requiring significant reprogramming of payroll systems. State and local tax authorities are also expected to respond with similar changes. (Read More)...

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What Employers Should Know About Expired FMLA Forms

2018-06-05

You may have noticed that the federal Department of Labor (DOL) forms used to manage leave under the Family and Medical Leave Act (FMLA) expired on May 31, 2018. If you looked for updated forms before they expired, you wouldn’t have found any. (Read More)...

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5 Workplace Compliance Issues for Northern California

2018-06-04

aliforniais known for its abundance of workplace laws and regulations—and compliance gets particularly complicated for businesses in the northern part of the state that must follow more stringent local rules. (Read More)...

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ACA’s Affordability Threshold Rises in 2019

2018-06-01

Employers should not overlook the Affordable Care Act's (ACA's) annual inflation-adjusted shift in cost-sharing limits for group health plan coverage, as they could face steep penalties for failing to provide affordable coverage under the ACA's shared-responsibility provisions. (Read More)...

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New National Origin Regulations Coming July 1

2018-05-23

As previously reported, the proposed amendments to the state Fair Employment and Housing Act (FEHA) addressing national origin protections were sent to the Office of Administrative Law for approval. The Office of Administrative Law recently approved these regulations, and they are effective July 1, 2018. (Read More)...

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Epic Win: Supreme Court Saves Employment Arbitration As We Know It

2018-05-21

To the relief of employers across the country, the Supreme Court today ruled in a 5-to-4 decision that class action waivers in employment arbitration agreements do not violate the National Labor Relations Act (NLRA) and are, in fact, enforceable under the Federal Arbitration Act (FAA). (Read More)...

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8 Things Not to Forget When Filling Out I-9 Forms

2018-05-11

An uptick in federal immigration enforcement priorities combined with new California rules make it more challenging than ever for employers to ensure immigration compliance. Properly completing and maintaining I-9 forms is essential. (Read More) ...

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Electronic Reporting of Form 300A Now Required

2018-05-09

On April 30, the Federal Occupational Safety and Health Administration (OSHA) issued a “trade release” that could affect employers in all states, including states with state plans, such as California. States that have not yet adopted regulations at least as effective as the federal regulations regarding electronic reporting of Form 300A, Annual Summary of Work-Related Injuries and Illnesses are now required to submit this data by July 1, 2018. (Read More)...

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California Supreme Court Gives Employers the ABCs Of How To Determine Independent Contractor Status

2018-05-01

In Dynamex Operations West Inc. v. Superior Court (2018), the California Supreme Court added alphabet soup to the already murky independent contractor misclassification waters by adopting a version of the “ABC test” used in other jurisdictions. (Read More) ...

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2018 Family HSA Contribution Limit Stays at $6,900 After All

2018-04-30

The IRS on April 26 announced relief for taxpayers with family coverage under a high-deductible health plan (HDHP) and who contribute to a health savings account (HSA). (Read More)...

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EEO-1 Deadline Extended to June 1, 2018

2018-04-27

The deadline for employers to file their 2017 EEO-1 reports was recently extended by the Equal Employment Opportunity Commission’s EEO-1 Joint Reporting Committee. The reports were originally due on or before March 31, 2018, so for employers who have not yet completed their filing, the extension is welcome news. (Read More)...

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DOL Issues First Opinion Letters in 9 Years, Provides Clarity on FMLA and FLSA Matters

2018-04-19

As we previously reported, last June the U.S. Department of Labor (DOL) announced that it would reinstate the use of Opinion Letters, an interpretive practice that had been replaced by the issuance of Administrator Interpretations during the Obama years. (Read More)...

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IRS Issues First FAQs on Paid-Leave Credit

2018-04-19

When the IRS posted a set of frequently asked questions (FAQs) on April 9 regarding the new employer tax credit for paid family and medical leave, it provided some assurance for employers that plan to take advantage of the credit but left many compliance questions unanswered. (Read More)...

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Car Dealership Service Advisors Are Exempt From Federal Overtime Laws

2018-04-04

The United States Supreme Court recently held that service advisors at car dealerships are exempt from the Fair Labor Standards Act (FLSA) overtime pay requirement under an exemption for any “salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles …” (Read More)...

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Who Won? – The New Tip Pool Law

2018-04-02

On March 23rd, President Trump signed into law a massive spending bill. Buried on page 2025 of the spending bill, available here, is the following amendment to Section 203(m) of the Fair Labor Standards Act (FLSA), the federal wage-hour law: “An employer may not keep tips received by its employees for any purposes, including allowing managers or supervisors to keep any portion of employees’ tips, regardless of whether or not the employer takes a tip credit.” (Read More) ...

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Update on Cal/OSHA Hotel Housekeeping Injury Standard

2018-03-29

After nearly six years of discussion and debate, the Cal/OSHA Standards Board approved a standard on "Hotel Housekeeping Musculoskeletal Injury Prevention." The final regulation was recently approved by the Office of Administrative Law and will be effective July 1. (Read More)...

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Ready or Not, New Disability Claims

2018-03-29

The U.S. Department of Labor's (DOL's) new procedures for processing disability claims take effect April 1. Any employer-sponsored plan that deals with disability claims should be amended as needed. If plan documents have not yet been updated, employers should still prepare to handle claims under the new procedures, benefits attorneys advise. (Read More)...

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New Workplace Safety Rules for Hotel Housekeepers Effective July 1

2018-03-16

The Office of Administrative Law recently approved a new workplace safety and health regulation specific to housekeepers in the hotel and hospitality industry, which will become effective July 1, 2018. Cal/OSHA will enforce the new standard — the first ergonomic standard in the nation written specifically to protect hotel housekeepers from musculoskeletal injuries. (Read More) ...

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Overtime Rule Changes Are Coming, but Will They Be in Time?

2018-03-15

The long, drawn-out process of updating the overtime-pay rules that began under the Obama administration and changed direction once President Donald Trump took office now faces a wild card: If the Department of Labor (DOL) fails to issue a new final rule before the 2020 elections, and if the Democrats retake the presidency, the rule that was struck down in 2016 could come back to life. (Read More)...

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DOJ Challenges California Law Placing Restrictions on Employers' Ability to Allow ICE into the Workplace

2018-03-14

On March 6, 2018, the U.S. Department of Justice filed a lawsuit challenging California’s Immigrant Worker Protection Act (Assembly Bill 450), among other laws designed to limit the extent state law enforcement and prisons may cooperate with the Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE).  The DOJ’s lawsuit requests injunctive relief against California, and argues that the Immigrant Worker Protection Act and other California laws violate the Supremacy Clause of the Constitution. (Read More)...

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California Supreme Court Issues Worker Friendly Overtime Ruling

2018-03-07

Overtime pay in California is based on the employee’s “regular rate of pay,” which is not always an employee’s normal hourly wage and must include almost all forms of pay that the employee receives. But how do you calculate the regular rate of pay when an employee receives both an hourly wage and a flat sum bonus – such as an extra $15 for working a weekend shift? (Read More)...

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IRS Lowers 2018 Family HSA Contribution Limit by $50

2018-03-07

The 2018 contribution limit for health savings accounts (HSAs) linked to family coverage will be $6,850—not $6,900, as the IRS had previously announced. The IRS recalculated the limit because the Tax Cuts and Jobs Act that passed at the end of 2017 applies the so-called chained consumer price index (chained CPI) to increases in HSA and a few other employee benefit contribution limits. (Read More) ...

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California Employers Get Help with Immigration Inspection Notices

2018-03-01

California employers can no longer voluntarily consent to federal Immigration and Customs Enforcement (ICE) worksite inspections; rather, they must obtain warrants and subpoenas from immigration agents and provide certain notices to employees. To aid employers through the new process, the California Division of Labor Standards Enforcement (DLSE) recently developed a template (see http://www.dir.ca.gov/DLSE/LC_90.2_EE_Notice.pdf) that employers may use to notify employees about an upcoming inspection. (Read More) ...

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California's "Immigrant Worker Protection Act" in Effect; DLSE Issues Notice Template and Guidance

2018-03-01

California’s A.B. 450, the “Immigrant Worker Protection Act,” took effect on Jan. 1, 2018, imposing strict new obligations on all California employers during immigration enforcement actions and when receiving a Notice of Inspection (NOI) from U.S. Immigration and Customs Enforcement (ICE) regarding I-9 forms and other employment records. Employers should pay close attention to their new obligations under A.B. 450, particularly as ICE has signaled that it will be responding to this new law with increased raids and inspections at California workplaces. Joint guidance on A.B. 450 recently issued by the California Division of Labor Standards Enforcement (DLSE) and the California attorney general, as well as a notice template from the DLSE, should assist employers with their compliance efforts. (Read More) ...

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IRS Issues New Form W-4 and Updates Tax Withholding Calculator

2018-03-01

The IRS has issued a new Form W-4 and updated its online withholding calculator to reflect this year's revised tax rates and brackets. HR should alert employees to check their tax withholding and to submit a new W-4 if they want to make changes. (Read More)...

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State Offers Resources for Workplace Emergency Planning

2018-02-26

The 2017 California wildfire season consisted of 9,133 fires that burned more than 1.3 million acres, according to the California Department of Forestry and Fire Protection. It’s considered the most destructive on record — and in January, the recently-charred land caused severe mudslides during a deadly storm that shut down about 30 miles of Highway 101 between Northern and Southern California. (Read More) ...

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Attorney General, Labor Commissioner Issues Guidance and FAQ for Employers on Immigration Enforcement Actions

2018-02-14

California Attorney General Xavier Becerra and Labor Commissioner Julie Su yesterday issued two documents for California employers dealing with California’s Immigrant Worker Protection Act (AB 450). (Read More) ...

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Labor Commissioner Releases Notice to Employee for Form I-9 Inspections

2018-02-09

California’s Immigrant Worker Protection Act (AB 450) provides California workers with protection from immigration enforcement while on the job. This law applies to all California employers and was effective January 1, 2018. (Read More) ...

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Form I-9: Use of Document Receipt OK for Limited Circumstances/Time

2018-02-09

When completing an I-9 Form to verify work eligibility, can an employee show us receipts for documents instead of presenting the documents themselves? If so, how should the receipts be noted on the Form I-9? (Read More) ...

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Get Ready for the 2017 EEO-1 Survey

2018-01-31

The Equal Employment Opportunity Commission (EEOC) announced that they have completed mailing notification letters for the 2017 EEO-1 survey. (Read More)...

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Reminder: Post Form 300A Starting February 1

2018-01-25

Don’t forget that you need to post the Form 300A summary of job-related injuries and illnesses from 2017 at your place of business from February 1 through April 30. (Read More)...

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Common Pay Stub Errors California Employers Should Avoid

2018-01-25

California HR professionals know the importance of promptly and accurately paying employees for all hours worked and that failing to do so can lead to expensive class-action lawsuits. It's essential to also note that employers that don't list certain information on pay statements can find themselves in hot water. (Read More)...

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New Law Restricts Immigration Enforcement at Worksites

2018-01-24

As of January 1, California employers must comply with strict rules passed under the new Immigrant Worker Protection Act (AB 450), which protects workers in the state from immigration enforcement while they’re on the job. (Read More) ...

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IRS Releases New Withholding Tables for 2018

2018-01-12

The IRS has released updated income-tax withholding tables for 2018 that reflect changes made by the tax reform law enacted at the end of December. Employers should begin using the 2018 withholding tables by Feb. 15, the IRS said. The new withholding tables are designed to work with the Form W-4 that workers have already filed with their employers to claim withholding allowances. (Read More)...

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IRS Extends Deadline to Supply ACA Forms to Employees

2018-01-03

The IRS has extended by 30 days—until March 2, 2018—the due date for distributing 2017 health coverage information forms to employees. The deadlines for filing these forms with the IRS were not changed. (Read More)...

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2018 IRS Mileage Rates Announced

2017-12-22

The Internal Revenue Service (IRS) has issued the 2018 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. This year, the business rate increases one cent per mile. (Read More)...

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Leveraging Untapped Talent Pools to Help Your Business Thrive

2017-12-21

Let’s rethink how we’ve traditionally sourced the “ideal” candidate. Let’s consider alternative, more creative ways to find talent. And let’s do it together at SHRM Live 2018. (Read More)...

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NLRB Overturns Obama Administration’s Definition of ‘Joint Employer’

2017-12-15

The National Labor Relations Board (NLRB) jettisoned the Obama administration's much-criticized broad definition of "joint employer" on Dec. 14, a move that's been widely expected since President Trump appointed two additional Republicans to the board earlier this year. As a result, indirect control by one organization of another is no longer enough to be considered a joint employer. There must instead be direct control, making it tougher for contractors and workers at franchised businesses to form unions. (Read More)...

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The Trump Board Signals Changes to Come

2017-12-15

In the past two weeks, the National Labor Relations Board (NLRB) has made three important announcements that signal likely changes to come under the Trump administration. (Read More) ...

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California's WARN Act Applies to Temporary Layoffs

2017-12-15

A California appellate court has ruled that California Worker Adjustment and Retraining Notification (WARN) Act, which requires 60 days of advance notice of "mass layoffs," applies to temporary layoffs and furloughs.(Read More)...

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Expansive Workplace Retaliation Law Takes Effect In the New Year

2017-12-07

A new California workplace retaliation law will take effect on Jan. 1, 2018, that expands the state labor commissioner's enforcement authority. Employers should know what to expect. (Read More)...

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The Minimum Wage in 2018: A Rates-Only Update

2017-12-07

Minimum wage laws can impact businesses of all sizes, whether operating nationwide, in multiple jurisdictions, or only in one city, county or state. To help manage this challenge, we are publishing a rates-only update so employers know the minimum amount they must pay nonexempt employees. (Read More)...

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SSA Revises Previously Announced Payroll Tax Cap for 2018

2017-12-07

On Nov. 27, the Social Security Administration (SSA) announced that it had revised the maximum amount of earnings subject to the Social Security tax (the "taxable maximum") for 2018, replacing the amount that the SSA had originally announced in October. (Read More)...

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Remember: W-2s Due January 31 to IRS

2017-11-28

The Internal Revenue Service (IRS) reminds employers and other businesses of the January 31 filing deadline that now applies to filing Form W-2 wage statements and independent contractor forms. (Read More)...

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Changes in Previously Announced COLAs

2017-11-28

In October, the 2018 FICA taxable wage base (the maximum amount of an employee’s wages with respect to which the Old-Age, Survivor and Disability Income portion of FICA taxes is payable) had been announced as $128,700, up from this year’s $127,200. (Read More)...

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New Mandatory Poster on Transgender Rights for California Workplaces

2017-11-22

California recently passed a new law (SB 396) that requires all California employers to post a “Transgender Rights in the Workplace” poster starting January 1, 2018. (Read More)...

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IRS Prepares to Send ACA Penalty Letters by Year’s End

2017-11-20

The IRS announced it will soon send out penalty notices to employers subject to the Affordable Care Act (ACA) that failed to provide ACA-compliant coverage to full-time employees. Employers that receive a penalty letter will have just 30 days to respond before the IRS demands payment. (Read More)...

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2018 401k Contribution Limits Rise

2017-11-13

The Internal Revenue Service (IRS) announced cost of living adjustments affecting 401(k) pension plans and other retirement-related items for tax year 2018 — including an increase in the amount employees can contribute to their 401(k) plans. (Read More)...

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New 2018 Exempt Classification Rates

2017-11-01

California’s Department of Industrial Relations (DIR) announced rate changes for the computer software employee exemption and the licensed physician and surgeon exemption. The new rates take effect January 1, 2018. (Read More)...

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IRS Issues 2018 COLAs

2017-10-24

In Notice 2017-64, the Internal Revenue Service has announced the cost-of-living adjustments (COLAs) being made to various limitations applicable to retirement plans for 2018. Some of those limitations have increased, and some remain unchanged. The major limitations that were announced are as follows: (Read More)...

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New California Workplace Laws for 2018 and How to Get Ready

2017-10-23

Governor Brown has signed into law a number of significant employment-related bills that will impact California workplaces. Here’s a summary of key laws taking effect on January 1, 2018, along with best practices to get ready -- and ensure compliance.
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2018 Payroll Tax Cap Will Nudge Slightly Higher

2017-10-20

The maximum amount of earnings subject to the Social Security payroll tax in 2018 will be $128,700, up by $1,500. By Jan. 1, employers should adjust their payroll systems to account for the higher taxable wage base and notify affected employees that more of their paychecks will be subject to payroll withholding. (Read More)...

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California Statewide Ban-the-Box Law Signed By Governor

2017-10-17

On October 14, 2017, Governor Jerry Brown signed Assembly Bill 1008, which will add a section to the California Fair Employment and Housing Act (FEHA) containing new state-wide restrictions on an employer’s ability to make pre-hire and personnel decisions based on an individual’s criminal history, including a significant and far reaching “ban-the-box” component.1  AB 1008 is effective on January 1, 2018. (Read More)...

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Things Employers Should Know About Emergencies and the Workplace

2017-10-12

Fires are currently raging across California, bringing tragedy and loss and shrouding much of the state in smoke and ash....

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ACA: IRS Releases 2017 Reporting Forms

2017-10-11

With no changes to the Affordable Care Act (ACA) on the horizon, employers must remember their reporting requirements. The Internal Revenue Service (IRS) recently released final forms and instructions for 2017 ACA tax reporting, as detailed below. (Read More)...

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DACA and Form I-9

2017-09-19

On September 5, U.S. Attorney General Jeff Sessions announced that the Department of Homeland Security will terminate the Deferred Action for Childhood Arrivals (DACA) program. DACA will expire on March 5, 2018. (Read More) ...

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EEO Reporting: Requirement to Collect Pay Data by Race and Gender Halted

2017-08-31

Yesterday, the White House Office of Management and Budget (OMB) issued an immediate stay of a rule that would have required private employers with more than 100 employees to report how much they pay employees by race, ethnicity and gender on their EEO-1 reports. (Read More)...

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News & AnalysisASAP Mandatory Use of New Form I-9 to Begin Soon

2017-08-29

As a reminder, on July 17, 2017, the United States Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification, which employers must begin using no later than September 18, 2017. Many of the changes are subtle, focusing on revising the form’s instructions and wording, and clarifying the list of acceptable documents. (Read More)...

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Reminder to California Employers: Law Requires Electronic Filing/Payment of Payroll Taxes

2017-08-09

The California Chamber of Commerce is reminding employers with 10 or more employees that they are required to electronically submit employment tax returns, wage reports, and payroll tax deposits to the Employment Development Department (EDD). (Read More)...

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Do Employers Need to Accommodate Medical Marijuana Users?

2017-07-27

A registered medical marijuana user who was fired by her employer for failing a drug test can proceed in state court with her disability discrimination claim, the Massachusetts Supreme Judicial Court ruled. (Read More)...

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For Calendar-Year Benefit Plans, Form 5500 Is Due July 31

2017-07-27

Calendar-year benefit plans must file 2016 Form 5500 by July 31, 2017.  The 2016 Form 5500 instructions were updated to reflect an increase in the maximum civil penalty amount assessable under the Employee Retirement Income Security Act (ERISA), among other changes. (Read More)...

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Appellate Court Nixes Employee Arbitration Agreements

2017-07-26

Overview: By Decision dated July 19, 2017 (the “Decision”),the Appellate Division, First Department (the “First Department”) (which has jurisdiction over Manhattan and Bronx) held that arbitration agreements obligating employees to waive their rights to bring collective disputes, such as class actions regarding wage disputes, were unlawful and unenforceable because they “run afoul of the National Labor Relations Act” (the “NLRA”). (Read More)
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Veterans Reporting Opens Soon

2017-07-24

The 2017 Veterans’ Employment and Training Service (VETS) filing season starts August 1, 2017, and the filing deadline is September 30, 2017. (Read More)...

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Top 10 Q&As for Tough I-9 Issues

2017-07-20

Over the next three and a half years, expect a marked increase in workplace immigration enforcement—in addition to an uptick in I-9 investigations. Employers probably will also see increased activity by the Department of Labor's Wage and Hour Division and the Department of Homeland Security's (DHS') Office of Fraud Detection and National Security. Staying informed of the latest trends and requirements will be key to companies' immigration compliance efforts. (Read More)...

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New Form I-9 Released, Again

2017-07-18

Today, the U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification. The new version bears a revision date of 07/17/17 N. The Form I-9 has been revised twice in less than one year. (Read More)...

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How Can Multistate Employers Develop Solid Drug-Testing Policies?

2017-07-14

Employers that do business in multiple states must comply with a range of state laws when drug testing, which can be complicated for many reasons. Here's what employers should know. (Read More)...

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California Employers: Don’t Forget About New Domestic Violence Notice

2017-07-11

If you have 25 or more employees, you now must provide new employees with a written notice about the rights of victims of domestic violence, sexual assault and stalking to take protected time off for medical treatment or legal proceedings. The notice also contains information on victims’ rights to accommodation and protections against discrimination. (Read More)...

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Reminder: Current Drug Use Not Protected Under ADA

2017-06-28

A recent federal court decision is a good reminder that applicants or employees who currently use illegal drugs or marijuana or abuse alcohol are not protected under the Americans with Disabilities Act (ADA) or the Fair Employment and Housing Act (FEHA). Conduct is key: The disease of addiction may be protected but misconduct is not (Scott v. Harrah’s LLC. (D. Nev. 2017)). (Read More) ...

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Top 10 Employment Cases of 2017 Reviewed

2017-06-21

Three of the 10 most groundbreaking and relevant employment cases for HR professionals so far this year raise issues relevant to lesbian, gay, bisexual and transgender (LGBT) individuals. Three more center around Americans with Disabilities Act (ADA) claims. Speaking at the SHRM 2017 Annual Conference & Exposition, Louis Richard Lessig, an attorney with Brown & Connery in Westmont, N.J., discussed how these cases can serve as lessons—and warnings—to other employers. (Read More) ...

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New California Criminal History Regulations Coming July 1

2017-06-13

The California Fair Employment and Housing Council (FEHC) has finalized new regulations  under the Fair Employment and Housing Act imposing significant limitations on California employers’ consideration of criminal history information when making hiring, promotion, and other employment decisions. The rules, which borrow heavily from existing EEOC guidelines, go into effect on July 1, 2017. (Read More)...

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New Transgender Regulations Coming July 1; More Restroom Rules

2017-06-01

The California Office of Administrative Law approved new regulations that specifically address protections for transgender persons, including equal access to use of facilities, such as restrooms or locker rooms. These regulations will be filed with the Secretary of State’s office and are effective on July 1, 2017. (Read More)...

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California Supreme Court Answers ‘One Day’s Rest in Seven’ Questions

2017-05-12

On May 8, the California Supreme Court answered three questions related to seventh day of work rules (Mendoza v. Nordstrom Inc., No. S224611 (May 8, 2017)). These questions are important for California employers and provide guidance on how they can schedule employees. Overall, the California Supreme Court’s answers were helpful for employers. (Read More) ...

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ACA Repeal Effort Moves to Senate - Employers Should Continue Compliance for Now

2017-05-09

On May 4, 2017, the U.S. House of Representatives passed the American Health Care Act of 2017 (AHCA). The bill, which seeks to repeal revenue-related portions of the ACA, now moves to the Senate for consideration. Media coverage of the bill has focused on its curtailment of the ACA’s Medicaid expansion, repeal of the individual health insurance mandate penalty, and effect on the individual insurance market, but the bill, if approved by the Senate and signed into law, would also have a significant impact on employers subject to the ACA. (Read More)...

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IRS Sets 2018 HSA Contribution Limits

2017-05-08

The amount that individuals may contribute annually to their health savings accounts (HSAs) for self-only coverage will rise by $50 next year. For HSAs linked to family coverage, the contribution cap will rise by $150. (Read More)...

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California Wage Orders Updated

2017-05-02

The California Department of Industrial Relations (DIR) recently updated most of the Wage Orders to reflect the 2017 and 2018 increases in the state minimum wage. The updated Wage Orders include Wage Orders 1 through 13, 15 and 16. Wage Orders 14 and 17 have not been updated at this time. (Read More)...

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Redesigned Green Cards, Employment Authorization Documents Debut May 1

2017-04-25

New permanent residents and workers granted employment authorization will begin receiving redesigned green cards and work documents with "enhanced graphics and fraud-resistant security features," according to U.S. Citizenship and Immigration Services (USCIS). (Read More)...

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PIHRA 2017 HR Certification Scholarships

2017-04-21

As part of its commitment to the human resources community, the PIHRA Foundation annually grants scholarships to support HR professionals. (Read More) ...

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HR Alert: USCIS Reminds Employers to Address Form I-9 Glitch

2017-04-19

Employers that downloaded the Form I-9 from the U.S. Citizenship and Immigration Services (USCIS) website Nov. 14-17, 2016, are being asked to make sure that employees' Social Security numbers appear correctly in Section 1. (Read More)...

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New Criminal Background Regulations Coming July 1

2017-03-28

Today, the California Office of Administrative Law (OAL) approved new regulations relating to the use of criminal background information in employment decisions. These regulations will be filed with the Secretary of State’s office and are effective on July 1, 2017. Employers will have additional burdens under the new regulations. (Read More)...

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Have Workers in the Military? The 4 USERRA Requirements You Should Know

2017-03-15

​U.S. employees who take leave from work to participate in military service have the right to be reinstated to their old jobs under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Many employers, though, don't realize that the law applies to them, according to Rosanne Sattler, an attorney with Posternak, Blankstein & Lund in Boston. (Read More)...

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CalSHRM Conference Registration Available for Purchase

2017-03-14

Are you interested in attending the CalShrm Conference on April 19 - April 21, 2017? If so, we have a member who is interested in selling her registration. Cheryl Powers purchased the conference and is no longer able to attend. If you are interested, please contact Cheryl directly at cpowers@amwc.us. Thank you!...

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How to Conduct a Fair-Pay Audit in California

2017-03-07

Recent changes to pay equity laws in California make it essential for employers to periodically audit their pay practices. But employment attorneys say it's critical for HR professionals to get executive buy-in before starting the process. (Read More)...

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CalSHRM's 2017 California State Legislative & HR Conference

2017-03-01

The California State Council of SHRM (CalSHRM) is the official California state affiliate of the Society for Human Resource Management, the world’s largest association devoted to human resource management. The 2017 California State legislative & HR Conference is where key business decision makers, business owners, senior level officers, mid-level management and human resource professionals come to learn about important California and federal legislation and employment issues that are or will be impacting their business in the future. (Read More)...

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Check Out the Updated Form I-9 Handbook

2017-02-23

The U.S. Citizenship and Immigration Services (USCIS) has updated its guidance manual, Handbook for Employers, Guidance for Completing the Form I-9 (M-274)This useful manual provides employers with detailed instructions on completing the Form I-9. The revised version is dated 1/22/17. (Read More)...

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Fourth Circuit Creates New Joint Employment Test under the Fair Labor Standards Act

2017-02-23

Executive Summary: The United States Court of Appeals for the Fourth Circuit recently issued a decision which clarifies and expands the circumstances under which entities may be held liable as joint employers under the Fair Labor Standards Act (FLSA). The Court emphasized that the proper focus should be on the relationship between the alleged joint employers and not on an analysis of the economic dependency between the worker and the entities. The Court concluded that “joint employment exists when the facts establish that employment by one employer is not completely disassociated from employment by the other employer.” See Salinas v. J.I. General Contractors (4th Cir. January 25, 2017). (Read More)...

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8 Things to Consider When Updating Employee Handbooks for 2017

2017-02-15

Federal and state legal developments over the last year brought a lot of changes that impact workplace policies and procedures, making it critical for companies to review their handbooks for compliance.(Read More)...

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Tips for Retaining and Storing the New Form I-9

2017-02-15

As of Jan. 22, 2017, employers across the United States are required to use the newest version of the Form I-9 to verify the employment eligibility of their workforce. Many of the changes to the revised form were designed to help HR professionals and employers complete it online and reduce technical errors. But the retention and storage requirements remained the same. (Read More)...

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San Francisco Paid Parental Leave Ordinance Takes Effect; New Rules, Poster Issued

2017-01-20

On Jan. 1, 2017, San Francisco’s landmark Paid Parental Leave Ordinance (PPLO) went into effect for employers with 50 or more employees. It will be phased in for smaller employers on July 1, 2017 (35+) and Jan. 1, 2018 (20+). The PPLO requires employers to pay “Supplemental Compensation” to make up the difference between a covered employee’s regular wages and the partial wage-replacement benefits provided under California’s Paid Family Leave (PFL) program, administered by the Employment Development Department (EDD), when the employee takes leave to bond with a new child. (Read More)...

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New Form I-9: Key Changes HR Needs to Know

2017-01-18

Employers have until Jan. 22, 2017, to get up to speed on using the newest version of the Form I-9, marked 11/14/2016. The version that has been in effect since 2013 (marked 03/08/13) will become obsolete on that date. The new form can be accessed on the U.S. Citizenship and Immigration Services (USCIS) website. (Read More)...

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When is a Rest Period Really NOT a Rest Period? The California Supreme Court creates new rest break liability for employers

2017-01-18

The California Supreme Court issued a new ruling just in time to ruin the holidays for employers who thought they were handling rest breaks properly. On December 22, 2016, in Augustus et. al v. ABM Security Services, Inc. ("ABM"), the Court held that if an employer requires employees to remain on-call or on standby during their 10-minute rest break, even if the employees are not interrupted during the break, it is not a valid rest break at all. (Read More) ...

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Ninth Circuit Rules Service Advisors at Automotive Dealerships Are Not Exempt From Overtime Pay

2017-01-11

Executive Summary: On January 9, 2017, the U.S. Ninth Circuit Court of Appeals ruled in Navarro v. Encino Motorcars, for the second time, that service advisors at automotive dealerships are not exempt from overtime. In 2015, the Ninth Circuit relied on U.S. Department of Labor regulations to hold that service advisors are not exempt. In June 2016, the U.S. Supreme Court reversed that ruling, finding that the regulations were not entitled to deference, and directed the Ninth Circuit to reconsider the issue without regard to the DOL regulations. (Read More)...

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New California Earned Income Tax Credit Notice

2017-01-11

California employers who provide unemployment insurance must notify all employees that they are eligible for the federal Earned Income Tax Credit (EITC). AB 1847, a new law effective January 1, 2017, requires these employers to also notify employees that they may be eligible for the California EITC. (Read More)...

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Reminder: CalChamber Explains New Laws for 2017

2017-01-10

With the new year upon us, the California Chamber of Commerce is reminding businesses about all the 2017 employment laws by presenting handy summaries of new legislation now in effect that will affect the day-to-day operations of California employers. (Read More)...

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HR Beware: ’Tis the Season for W-2 Scams

2017-01-10

"Alan was the chief financial officer," said William J. Roberts, a Hartford, Conn.-based data privacy attorney with the law firm Shipman & Goodwin LLP. But in this case, it wasn't Alan who was sending the e-mail. Despite the company's policy prohibiting employees from sending sensitive documents through e-mail, a newly hired junior HR professional fell for the phishing scam and sent the W-2s to the cyberthief's e-mail address. (Read More)...

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On-Call Rest Periods Are Not Allowed, California Supreme Court Rules

2017-01-05

In a disappointing decision for California businesses, the California Supreme Court ruled recently that on-call rest periods are not permissible. This decision will require many California employers to re-examine their rest-break policies and practices. (Read More)...

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California’s Exempt Salary Threshold Will Rise Regardless of Blocked Overtime Rule

2016-12-27

California's exempt salary threshold will rise along with the state's minimum wage regardless of what happens to the now-blocked federal overtime rule. But employers in the state will still need to stay informed about movements at the federal level. (Read More)...

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New Ban-the-Box Ordinance Affects Background Checks in Los Angeles

2016-12-21

The City of Los Angeles has passed the “Fair Chance Initiative for Hiring (Ban the Box)”, a new ordinance that limits the use of criminal history information by Los Angeles employers and also imposes a new poster requirement. (Read More)...

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Download E-Verify Records by Dec. 31 Before They Are Purged

2016-12-14

As of March 31, 2017, employers won't have access to E-Verify records that were created on or before Dec. 31, 2006. (Read More)...

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CalChamber Releases List of New Employment Laws Affecting Businesses in 2017

2016-12-14

The California Chamber of Commerce has released the list of new employment laws scheduled to take effect in 2017 or earlier that will have an impact on businesses in California. (Read More)...

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IRS Mileage Rates for 2017 Announced

2016-12-14

On December 13, 2016, the Internal Revenue Service (IRS) issued the 2017 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. This year brings a half cent per mile decrease in the business rate. (Read More)...

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California’s Upcoming Minimum Wage Increase – Review Your Practices

2016-12-06

On January 1, 2017, California’s minimum wage increases to $10.50 per hour for businesses with 26 or more employees. Small businesses with 25 or fewer employees will continue to pay the current minimum wage of $10 per hour. (Read More)...

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U.S. Immigration Agency Publishes New Form I-9

2016-12-05

The U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification (rev. 11/14/2016 N). (Read More)...

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DOL Appeals Overtime Rule Injunction

2016-12-02

class="shrm-Element-P ZWSC-cleaned">The Department of Labor (DOL) appealed a federal judge's decision to put the brakes on DOL's federal overtime rule, but that shouldn't affect what companies do at this point....

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IRS Extends Employer Deadline for ACA Reporting Forms

2016-12-02

The Internal Revenue Service (IRS) recently announced that it is extending the due date for certain 2016 Affordable Care Act (ACA) reporting forms to be provided to employees. (Read More)...

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A Tip Sheet for Workers and Workplaces Where Pot is Legal

2016-12-01

Changing marijuana laws aren't necessarily making weed more welcome in the workplace. For now, many employers appear to be sticking with their drug testing and personal conduct policies, even in states where recreational marijuana use is now permitted. Others are keeping a close eye on the still evolving legal, regulatory and political environment.(Read More)...

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District Court in Texas Issues Nationwide Injunction on New DOL Overtime Rule

2016-11-23

District Court in Texas Issues Nationwide Injunction on New DOL Overtime Rule...

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Employers Must File Copies of Form W-2 by Jan. 31

2016-11-09

The Internal Revenue Service is reminding employers that a new federal law to make it easier for the IRS to detect and prevent refund fraud moved the annual deadline for filing copies of employees' Form W-2 with the Social Security Administration (SSA) to Jan. 31. (Read More)...

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2017 FSA Contribution Limit Rises to $2,600

2016-11-02

Employees will be able to put more income into their health care flexible spending accounts in 2017, when the FSA contribution limit rises to $2,600. (Read More)...

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Employers: New January 31 Form W-2 Filing Deadline

2016-11-01

The Internal Revenue Service (IRS) reminded employers and small businesses of a new January 31 filing deadline for Forms W-2. (Read More)...

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California’s Fall Legislation Report: A Rundown of the Most Significant New Employment Laws

2016-10-24

The California legislature and governor showed no signs of slowing down this year and enacted a long list of new employment laws. Below is a list of the most significant laws affecting private-sector employers. (Read More)...

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New Workers’ Comp Law Changes Definitions of Excluded Employees and May Affect Your Existing Policies

2016-10-21

This week, Insurance Commissioner Dave Jones notified workers’ compensation insurers of up-coming changes to the definition of “employee” and to who is an excluded employee. The changes are a result of recently signed legislation, Assembly Bill 2883. (Read More)...

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2017 Payroll Taxes Will Hit Higher Incomes

2016-10-20

Maximum earnings subject to the Social Security payroll tax will increase in 2017 to $127,200, up from $118,500 for 2016, the government announced. By Jan. 1, employers must adjust their payroll systems and should notify affected employees that more of their paychecks will be withheld. (Read More)...

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What to Expect from a Health Plan Audit

2016-10-12

class="shrm-Element-P ZWSC-cleaned">he U.S. Department of Labor (DOL) has been ramping up its health plan investigations since 2012 under the nationwide Health Benefits Security Project, said a department official during an Oct. 6 panel discussion in Washington, D.C. (Read More)...

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New 2017 Exempt Classification Rates

2016-10-07

California’s Department of Industrial Relations (DIR) announced rate changes for the computer software employee exemption and the licensed physician or surgeon exemption. The new rates take effect January 1, 2017. (Read More)...

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EEOC Will Collect Pay Data From W-2s

2016-09-30

Today, the Equal Employment Opportunity Commission (EEOC) announced approval of a revised EEO-1 report that will require large employers to report pay data to the agency, including aggregate information from employee W-2s. (Read More)...

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California Governor Approves Farmworker Overtime Bill

2016-09-14

class="shrm-Element-P ZWSC-cleaned">alifornia Gov. Jerry Brown signed a controversial bill on Sept. 12 that will extend overtime pay to agricultural employees who work more than eight hours a day and 40 hours in a workweek....

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New Federal Overtime Rule White Paper

2016-09-14

The U.S. Department of Labor’s highly anticipated federal overtime rule will become effective on December 1, 2016. The new federal salary threshold for certain key exemptions will be higher than California’s minimum annual salary threshold which means that federal overtime law now matters to California employers. California employers will need to prepare for the December deadline. (Read More)...

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New I-9 Form Will Be Released in November; Current Form Is OK Until Jan. 21

2016-09-14

Employers may continue using the current version of Form I-9 with a revision date of 03/08/2013 until Jan. 21, 2017. After Jan. 21, all previous versions of the Form I-9 will be invalid. (Read More)...

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Economic Vitality Corp needs your help. Please take their Survey!

2016-09-13

Issue
Most of us have heard at a point in time from some industry professionals who say, “We can’t find workers with the skills our business needs." The skills gap is a significant SLO County issue, but before local organizations can develop effective training and education programs for potential employees, we need to know the specific skills your business and your industry need....

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New equal pay rules prod firms to change wage practices

2016-09-07

“Raise your hand if you are for equal pay for equal jobs – no one would argue with that,” employment attorney Christopher Olmsted told a crowd of human resources executives at a Long Beach conference last week....

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Overtime Exemptions: What Are They and How to Prepare

2016-08-05

The DOL's new regulations for determining if a salaried white collar job is exempt from overtime pay requirements take effect on December 1, 2016. The minimum salary level for white collar (executive, administrative, and professional) exemptions will be raised from $455 per week ($23,660 per year) to $913 per week ($47,476 per year). In this webinar, we'll discuss how to apply the new salary level, and the other changes that will also take effect on December 1, 2016. Now is the time to prepare for the implementation of these new regulations. (Register Here)...

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EEO-1 Filing Season Opens: September 30 Deadline

2016-08-03

The Equal Employment Opportunity Commission (EEOC) announced that the mailing of notification letters for the 2016 EEO-1 survey is complete....

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DOL revised mandatory posters - effective 8/1/2016

2016-08-02

On July 26, 2016, the U.S. Department of Labor (DOL) announced mandatory changes that take effect August 1, 2016, to two federal employment postings—allowing little time for employers to comply by the deadline.
 
These required updates affect the Federal Minimum Wage notice and the Employee Polygraph Protection Act notice....

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Employers Required to E-File Paperwork with Employment Development Department

2016-07-21

Beginning January 1, 2017, employers with 10 or more employees will be required to electronically submit employment tax returns, wage reports, and payroll tax deposits to the Employment Development Department (EDD)....

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10 Things Businesses Might Not Know About California’s Paid Sick Leave Law

2016-07-06

One year ago today, California employers had to begin providing the paid sick leave (PSL) benefit to their employees. To highlight several less-known aspects of the PSL benefit and provide practical tips to follow, the California Chamber of Commerce has released a Capitol News Report video, along with a white paper and infographic. (Read More)...

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Piece-Rate Employees Back Pay Election Deadline of July 1

2016-06-29

Over the past several years, California courts have been addressing the issue of compensating piece-rate workers for non-piece-rate time, such as rest breaks or other non-productive time that is not being spent producing a product or completing a task. (Read More) ...

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EEOC Issues Sample Notice for Employers Offering Wellness Programs

2016-06-29

Last month, the Equal Employment Opportunity Commission (EEOC) issued final rules on how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to employer wellness programs that are part of a group health plan. The rules apply prospectively to workplace wellness programs beginning on or after January 1, 2017. (Read More)...

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City of Los Angeles Adopts New Minimum Wage and Paid Sick Leave Requirements

2016-06-22

On top of minimum wage and paid sick leave requirements mandated by California law, employers with employees in the City of Los Angeles will need to ensure that they are in compliance with a new minimum wage and paid sick leave ordinance that takes effect on July 1, 2016.

For an overview of the key provisions, click here....

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How Is Paid Sick Leave Law Working at Your Business?

2016-06-10

How Is Paid Sick Leave Law Working at Your Business?...

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EEOC Issues New Rules on Employer Wellness Programs

2016-05-23

Today, the federal Equal Employment Opportunity Commission (EEOC) issued final rules on how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to employer wellness programs that are part of a group health plan. The intent of the new rules is to provide guidance on how workplace wellness programs can comply with the ADA, GINA and the Affordable Care Act (ACA). The rules also provide protections for employees against discrimination. (Read More)...

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New Federal Overtime Rules Effective December 1

2016-05-18

The U.S. Department of Labor (DOL) announced the highly anticipated federal overtime rule under the Fair Labor Standards Act (FLSA). According to the White House, an estimated 4.2 million white collar workers will become entitled to overtime pay when they work extra hours as a result of the new rule, and wages for workers will increase by $12 billion over the next 10 years. The final rule is effective December 1, 2016. (Read More)...

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Workplace Smoking Rules Will Soon Change

2016-05-09

Legislation passed this week will change some of the rules relating to smoking in the workplace beginning June 9, 2016.  On May 4, Governor Brown signed a package of bills relating to smoking. (Read More)...

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The DOL’s Final Fiduciary Rule Released: Plan Sponsor’s Perspective

2016-04-08

Wednesday, the Department of Labor (DOL) issued its
highly-anticipated final regulation (Final Rule) that, once
effective, will make sweeping changes to the fiduciary
definition under the Employee Retirement Income Security
Act of 1974 (ERISA) and the Internal Revenue Code (Code).
Investment professionals working with employer-sponsored
retirement plans (such as 401(k) plans) and IRAs (including,
for example, an individual retirement account or annuity or
a health savings account) must evaluate and, if necessary,
alter their current practices or risk significant legal
exposure. (Read More)...

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Minimum Wage Hike Implications for Employers

2016-04-05

California is the first state in the nation to commit to raising the minimum wage to $15 per hour statewide. Employers need to prepare for the minimum wage increase....

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New FEHA Regulations effective April 1, 2016

2016-04-01

Written by: Miller Law Group...

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Deadlocked Court Means Win for Public-Sector Unions

2016-03-31

Public-sector unions across the country celebrated Tuesday when the United States Supreme Court announced it was unable to resolve a major challenge to organized labor, handing public-sector unions a major victory. At issue in Friedrichs v. California Teachers Association, was whether public-school teachers may be forced, as a condition of being employed by the government, to pay mandatory union fees, even when the teachers were not union members and did not support the union. The Court deadlocked 4-4 on the issue following the death of Justice Antonin Scalia earlier this year. ...

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Governor, legislators, labor leaders agree to raise state minimum wage

2016-03-31

The governor was joined at the announcement Monday by: Senate President pro Tempore Kevin de León; California Labor Federation president Kathryn Lybarger; SEIU United Long Term Care Workers’ Union president Laphonza Butler; Burger King employee Holly Diaz; Senator Mark Leno; California Labor and Workforce Development Agency secretary David Lanier; United Domestic Workers of America executive director Doug Moore; Teamsters Union International vice president Rome Aloise; and United Healthcare Workers West executive board member Georgette Bradford....

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LAGUNA JUNIOR HIGH NEEDS A FEW GOOD PEOPLE FOR THEIR CAREER DAY

2016-03-09

The career day is this Friday, March 11th, from 8:45am to 12:15pm and they are looking for people to present to their 8th graders from all career paths. Right now they have entrepreneurs, financial advisors, architects and designers, medical professionals. elected officials, pastors, academic advisors, creative directors, research chemists, software developers, forensic psychologists, and photographers, They may not have you and your career path represented....

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Amendments to California’s Discrimination and Harassment Regulations Take Effect April 1

2016-02-09

Amendments to California’s Fair Employment and Housing Act (FEHA) regulations have been approved and will take effect on April 1, 2016.
...

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February 1 Posting Requirement – Form 300A

2016-01-28

Employers are required to post only the summary (Form 300A) — not the Form 300 (Log) — by February 1 and keep it posted until April 30. The summary must list the total number of job-related injuries and illnesses that occurred in the previous year and were logged on the Form 300. (Read More)...

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Amendments to California Paid Sick Leave Law Effective Immediately

2015-07-15

Significant amendments to California’s Healthy Workplaces, Healthy Families Act of 2014, also known as the California Paid Sick Leave Law, went into effect immediately upon Governor Jerry Brown’s signature on Assembly Bill no. 304 on July 13, 2015. (Read More)...

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New Paid Sick Leave Law in Effect Today

2015-07-01

Today, California’s new mandatory sick leave policy goes into effect for all employers and all emplo​yees in California. ...

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Checklist for Compliance with new Sick Leave Law

2015-07-01

The full provisions of the Healthy Workplaces Healthy Families Act of 2014 (AB 1522) begin July 1, 2015, mandating paid sick time to employees throughout California. Even if your existing paid time off policies are already more generous than this law requires, there are specific requirements that must be followed....

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Remote Work, Connectivity and the FLSA: Reduce Your Risks

2015-06-30

LAS VEGAS—In the age of 24/7 connectivity, it’s vital to establish control over worktime so as to reduce the risk of noncompliance with the Fair Labor Standards Act (FLSA) and the huge settlements that courts often impose for FLSA violations, advised Christine D. Hanley, J.D., during her June 29, 2015, concurrent session “Working Remotely, Connectivity and the FLSA—The New ‘Bermuda Triangle’ ” at the Society for Human Resource Management 2015 Annual Conference & Exposition. (Read More)...

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$921.00 (Indexed) Salary Basis Proposed in Updated White Collar Exemption Regulations

2015-06-30

In what will prove to be both an historic milestone in wage and hour law and a compliance juggernaut, the Wage and Hour Division of the U.S. Department of Labor issued the long-anticipated proposed amendments to the Part 541 white collar exemption regulations this morningi. (Read More)...

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Labor Laws Apply When Your Intern Is Really an Employee

2015-06-10

You just hired a bright, local high school or college student to intern at your company this summer. You need not be concerned with wage and hour, child labor or other laws because they only apply to employees, and your new addition is an intern—something entirely different. Right? Not necessarily. And if you are mistaken—if this student is more appropriately classified as an “employee” in the eyes of federal and state regulators—you may find yourself in violation of applicable tax, wage and hour, wage payment, immigration, workers’ compensation laws, the Employee Retirement Income Security Act, and a host of other state and federal laws. But it gets worse: you may be subjected to intrusive audits and investigations, drawn into burdensome and expensive litigation, or face substantial civil fines and penalties, to name just a few perils you never may have considered. (Read More)...

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New Paid Sick Leave Law Requires More than Kin Care

2015-06-05

I am confused about my obligations under kin care. How do they relate to the new sick leave law?...

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10 Tips to Comply with the California Sick Pay Mandate

2015-06-04

Mandatory sick pay is coming to California. Beginning July 1, 2015, the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) will obligate employers in California to offer sick pay to nearly every category of employee. The minimum obligation is to provide sick pay at the rate of one hour for every 30 hours worked or a lump sum allocation of three days or 24 hours per year. As the start date approaches, here are 10 tips to help ensure that your sick pay policy complies with the law. ...

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DOL Taking Interest in Smartphones and Off-the-Clock Work

2015-05-28

In this era of smartphones and tablets, remote work creates off-the-clock liability issues. There is no longer a clear line in the sand signifying the end of a work day. Litigation has increased from nonexempt employees claiming that they were using their smartphones or other devices to do off-the-clock work after hours. (Read More)...

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EEOC Issues Proposed Wellness Incentives Rule

2015-04-28

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a proposed rule to help clear up confusion over using financial incentives in worksite wellness programs....

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CalChamber in Court: Don’t Make One Employer Liable for Another’s Independent Contractor Misclassification​​​

2015-03-11

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The California Chamber of Commerce has joined a “friend of the court” brief arguing for the application of the plain meaning of the California law regarding "willful misclassification" of independent contractors.

Also signing the brief in the case of Noe v. Superior Court were the U.S. Chamber of Commerce and the Civil Justice Association of California....

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Mandatory Posting: Approved CFRA Rule Changes to Take Effect July 1

2015-03-10

Amendments to the California Family Rights Act (CFRA) regulations have been approved by the Office of Administrative Law (OAL) and will take effect July 1. (Read More)...

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New Report on SLO County Workforce

2015-03-09

Challenges & Opportunities for the SLO County Workforce & Economy
The Workforce Investment Board of San Luis Obispo County commissioned this study by BW Research Partnership to develop an economic and workforce development analysis of our county. Click here to view report. ...

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Brace Yourself: Amendments to CFRA Regulations Approved, Take Effect July 1

2015-03-05

The Office of Administrative Law (OAL) approved amendments to the California Family Rights Act (CFRA) regulations. The amendments, proposed by the Fair Employment and Housing Council last year, will take effect July 1, 2015....

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Ninth Circuit Asks California Supreme Court to Decide “One Day’s Rest in Seven” Questions

2015-02-27

v id="stcpDiv">Asking the California Supreme Court to exercise its discretion to decide questions of extreme importance to tens of thousands of employees in that state, and explaining that the answers to those questions would be dispositive of the appeal before it, the Ninth Circuit certified to the state’s highest court three questions concerning the interpretation of several labor code provisions governing an employer’s obligation to provide its employees with a day of rest (Mendoza v. Nordstrom, Inc., February 19, 2015, Graber, S.). (Read More)
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See the Winners of CalChamber’s Off-the-Wall Poster Contest

2015-02-27

Judging in CalChamber’s 2015 Off-the-Wall Poster Contest is finished, and we’re proud to announce the winners....

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FMLA Rights Extended to Employees in Legal Same-Sex Marriage

2015-02-24

The Department of Labor’s Wage and Hour Division announced yesterday that it is revising the Family and Medical Leave Act’s (“FMLA”) definition of “spouse” to include employees in legal same-sex marriages, regardless of where they live. Among other things, this change in the definition of “spouse” enables eligible employees in legal same-sex marriages to take FMLA leave to care for a spouse with a serious medical condition. The final rule is effective March 27, 2015. (Read More)...

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ACA: IRS Releases Reporting Requirement Information

2015-02-23

The Internal Revenue Service recently released final forms and instructions for ACA tax reporting requirements. The forms and instructions have been delayed several times....

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Nearly $1 Million Verdict In Meal And Rest Break Case Will Stand

2015-02-23

The California Supreme Court has declined to review a verdict in favor of employees of an Oakland trucking company who brought a class action lawsuit claiming they were not provided meal and rest breaks....

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Certification Survey

2015-02-06

Please click here to take the HRCC certification survey....

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Continuing Education Credit Survey

2015-02-06

Please click here to take the HRCC continuing education credit survey...

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HRCC Volunteer Interest Survey

2015-02-06

Please click here to take the HRCC volunteer interest survey...

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Updates to OSHA's Recordkeeping Rule

2014-10-30


— Assistant Secretary of Labor for Occupational Safety and Health, Dr. David Michaels...

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401k Contribution Limits Rise for 2015

2014-10-30

The Internal Revenue Service (IRS) announced cost of living adjustments affecting 401(k) pension plans and other retirement-related items for tax year 2015 – including an increase in the amount employees can contribute to their 401(k) plans....

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​CalChamber Capitol Report: Fact Sheet Explains New Law Creating Liability for Employers Who Contract for Labor​​​

2014-10-30

The California Chamber of Commerce today released a fact sheet on a sweeping new law that will impose liability on employers who contract for labor and services. ...

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New 2015 Exempt Classification Rates

2014-10-30

California’s Department of Industrial Relations (DIR) announced rate changes for the computer software employee exemption and the licensed physician or surgeon exemption....

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The EEOC Tries To Ground HIPAA-Compliant Wellness Programs Through Litigation

2014-10-17

The EEOC has commenced two lawsuits since August against employers who have established wellness programs that appear to comply with HIPAA’s wellness rules (as expanded by the Affordable Care Act).  The EEOC contends that the programs violate the Americans with Disabilities Act (ADA). The EEOC alleges that the ADA prohibits employers from penalizing participants who fail to complete a health risk assessment/biometric screening if participation was not “voluntary.”...

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Does the Family and Medical Leave Act Protect Grandparents Caring for Grandchildren?

2014-10-13

Sometimes cases with interesting facts can lead courts to make decisions we might not necessarily expect at first glance, and the 7th Circuit Court of Appeals may have recently done just that. The primary issue in Gienapp v. Harbor Crest involved a box, on a form, left unfilled by the plaintiff. But the most noteworthy holding from the 7th Circuit decision has nothing at all to do with that empty box. Instead, it has to do with a grandparent's rights under the Family and Medical Leave Act to care for their grandchildren when that child's parent is ill....

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Court Holds That An Employer's Change of Employee's FMLA Leave Expiration Date May Have Violated The ADA's Interactive Process

2014-10-03

 A former technician at a hospital in Nevada whose return-to-work date was changed by her employer while she was out on approved medical leave can pursue claims under the Americans with Disabilities Act, according to the court....

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New Law Will Include “Abusive Conduct” Training as Part of Sexual Harassment Training

2014-09-15

California employers with 50 or more employees are required by law to provide a minimum of two-hours of supervisor training every two years on prevention of sexual harassment. Governor Edmund G. Brown recently signed AB 2053, which will require employers that are subject to the mandatory sexual harassment prevention training requirement to also include training and education on the prevention of “abusive conduct.” (Read More)...

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Mandatory Paid Sick Leave Signed Into Law For California

2014-09-12

Today, California became the second state in the nation to provide paid sick leave. This morning, Governor Edmund G. Brown signed the Healthy Workplaces, Healthy Families Act of 2014 (AB 1522)....

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IRS Releases Draft Employer Mandate Guidance

2014-09-05

The Internal Revenue Service recently posted draft instructions for forms relating to the employer mandate, as well as drafts of the forms themselves. The instructions have been delayed on several occasions. HR Watchdog...

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No Coverage for the Cantankerous? The Ninth Circuit Goes "Retro" In Finding "No Disability"

2014-09-04

In Weaving v. City of Hillsboro,1 the U.S. Court of Appeals for the Ninth Circuit waxed nostalgic by reversing a jury and lower court finding that a police officer with Attention Deficit and Hyperactivity Disorder (ADHD) had a “disability” within the meaning of the 2008 amendments to the Americans with Disabilities Act (ADA).  The Ninth Circuit held that the former officer was not disabled, because his ADHD – and associated abrasive behavior toward colleagues – did not substantially limit him in the major life activities of working or interacting with others. ...

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Why Employee Benefits Matter

2014-09-04

 Smart employers realize that benefit options matter to their employees. The majority of employees (80 percent) believe their overall benefits package influences their engagement with their job and their company, according to the 2014 Aflac WorkForces Report....

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US Labor Secretary Thomas E. Perez announces proposed rule to raise the minimum wage for federal contract workers

2014-06-12

WASHINGTON -- Fulfilling President Obama’s commitment to make 2014 a year of action to strengthen the economy and grow the middle class, U.S. Secretary of Labor Thomas E. Perez today announced a proposed rule raising the minimum wage for workers on federal service and construction contracts to $10.10 per hour. The proposed rule implements Executive Order 13658, which was announced by the president on Feb. 12....

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Paid Sick Leave Mandate to Be Considered in Senate Committee

2014-06-10

The Senate Labor and Industrial Relations Committee will consider a California Chamber of Commerce-opposed “job killer” bill tomorrow that will increase the already-high costs of doing business in the state....

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Handling Summer Vacation Requests

2014-06-09

Summer is generally a busy time of year for vacation requests. Employees want to take advantage of the good weather, and kids are out of school – allowing time for families to take summer vacations together....

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Are You Ready to Lead Your Company Through a Crisis?

2014-06-02

WASHINGTON – Emergency responders are trained to make quick decisions that will protect people and save lives when a natural or man-made disaster occurs.  And this is a skill that comes in handy for anyone running a small business.  When an emergency hits, the safety of your employees and clients will depend on your smart decisions and quick action....

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New Unemployment Rate in SLO County

2014-05-16

The unemployment rate in the San Luis Obispo County was 5.2 percent in April 2014, down from a revised 6.1 percent in March 2014, and below the year-ago estimate of 6.3 percent. This compares with an unadjusted unemployment rate of 7.3 percent for California and 5.9 percent for the nation during the same period....

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Proposed Change to the Fair Labor Standards Act (FLSA)

2014-03-12

It is anticipated that, yet this week, President Barack Obama will formally announce a proposed change to the Fair Labor Standards Act (FLSA) to direct the Department of Labor to revamp its regulations to require overtime pay for several million exempt employees who are currently classified as “executive or professional.”...

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2014 HR Calendar - OSHA 300A Reports

2014-02-27

February 1st of each year marks the annual posting requirement for employer illness and injury summary reports (CAL-OSHA Form 300A).  Most employers are required to post this notice for the full months of February, March and April of each year....

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Staffing Agency Reaches Settlement with U.S. Department of Justice over Immigration-Related Discrimination Claim

2014-02-06

A Massachusetts staffing agency has reached a settlement with the U.S. Department of Justice, Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC), resolving allegations that it violated federal law by discriminating against work-authorized non-citizens during the E-Verify process....

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FCRA Compliance: Avoiding Costly Lawsuits with Compliant Hiring Practices

2014-01-17

In 2013, we saw a number of significant class actions against employers for alleged violations of the Fair Credit Reporting Act (FCRA), alleging their hiring practices fail to comply with the FCRA’s background check requirements and procedures. The FCRA filed suit against a number of large companies, claiming they violated its rules and regulations for obtaining consumer reports and taking adverse action on job applicants and employees based on the consumer reports. ...

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Senate Bill Introduced Barring Credit Checks on Job Applicants

2014-01-02

The bill was created on the belief that credit history is not an accurate depiction of job performance capability. In a press release, Warren stated that “a bad credit rating is far more often the result of unexpected medical costs, unemployment, economic downturns, or other bad breaks than it is a reflection on an individual’s character or abilities. It was previously thought that credit history may provide insight into an individual’s character, but research has shown that an individual’s credit rating has little to no correlation with his or her ability to be successful in the workplace.”...

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2014 Standard Mileage Rates

2013-12-13

Beginning on Jan. 1, 2014, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:...

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For 2014, IRS Issues 401(k) and Pension Plan Limits

2013-11-01

Some plan limits will remain unchanged because the increase in the Consumer Price Index did not meet the statutory thresholds for their adjustment, while other limits will rise in 2014....

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2014 Health Savings Accounts and Flexible Spending Limits Announced

2013-06-10

Health Savings Accounts (HSA) are pre-tax accounts available to individuals who are covered under a high-deductible health plan. Eligible individuals can accumulate money, tax-free, in HSAs to pay for qualified medical expenses in the face of rising health insurance costs....

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Updates on Healthcare Reform

2013-03-11

For updates on healthcare reform, please visit:...

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Federal Earned Income Tax Credit (EITC) Notice

2013-01-07

Federal Earned Income Tax Credit (EITC) Notificatication...

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