Employment Law Update Speakers: HR NETwork, Inc. Audrianne
Employment Law Update Speakers: HR NETwork, Inc. Audrianne Adams Lee TLD Law Shannon Jenkins AUDRIANNE ADAMS LEE President/CEO HR NETwork, Inc. A Brief Look Back at 2016 and Impact to 2017
Digital Digital by Design Digital Marketplace Digital Workforce The Enterprise
Employee Experience Company Culture Branding Presidential Election / Political Climate CA Bills Vetoed SB 3 State Minimum Wage Increase Schedule
Date January 1, 2017 January 1, 2018 January 1, 2019 January 1, 2020 January 1, 2021 January 1, 2022 January 1, 2023 Minimum Wage for Employers with 25 Employees or Less
$10.00/hour $10.50/hour $11.00/hour $12.00/hour $13.00/hour $14.00/hour $15.00/hour Review Headcount Q&As Minimum Wage for Employers with 26 Employees or More $10.50/hour
$11.00/hour $12.00/hour $13.00/hour $14.00/hour $15.00/hour SB 3 - CA Minimum Wage Impact Overtime Rate Piece-Rate Employees Exempt/Nonexempt Draws Against Commissions
Notice Requirements Tools/Equipment Meals and Lodging FED DOL: FLSA OT Rule Injunction The U.S. DOL adopted a regulation to increase the federal minimum exempt salary to $47,476/year. On November 22, 2016, a federal court district judge granted an injunction that stopped this
increase from going into effect. CA Exempt Employees - Salary Basis Test Increases in 2017 Exempt* employees will need to receive: A monthly salary of $3,640 (was $3,467) An annual salary of $43,680 (was $41,600) *Executive, Professional, Administrative
2017 Exemption Rates for Computer Professionals Effective January 1, 2017 The DIR has adjusted the computer software employees minimum exemption rate to: The minimum hourly rate of pay increases to $42.35 (from $41.85 1.2% increase). The minimum monthly salary increases to $7,352.62. The minimum annual salary increases to $88,231.36. Note: Licensed Physicians & Surgeons Rate increases to $77.15 per hour
AB 1066 Eliminates OT Exemption for Agricultural Workers Ensures CA farmworkers earn OT pay at the same standard as other workers: after 8 hours/day or 40 hours/week Eff. 2019 SB 1015 Regulates Hours and Overtime Rights of Domestic Workers Extends Domestic Workers Bill of Rights
Domestic workers earn OT >9 hours in one workday day or >45 hours in any workweek AAL LA County*/City Minimum Wage Effective: July
2016 July 2017 July 2018 July 2019 2020 * Unincorporated Areas $10.50 $12.00
$13.25 $14.25 $15.00 Local Laws/Ordinances City Ordinance LA City of Los Angeles Ban the Box Ordinance LA
LA* Paid Sick Leave Minimum Wage Ordinance San Jose San Fran San Jose Initiative San Fran Paid Parental Leave Ordinance * Also Cities of Long Beach, Pasadena, Santa Monica, San Diego 2017 IRS Mileage Rate
Decreases Again! Effective 01/01/17 Reimbursement rate for business mileage: 53.5 cents per mile for business miles (down 0.5 cents) 17 cents per mile for medical or moving purposes (down 2 cents)
14 cents per mile for charitable organizations (no change) DIR: Labor Commissioner Launch Online System for Reporting Labor Law Violations DIR launches an online system for reporting labor law violations Made simple to use and enable the Labor Commissioner to receive real time leads on noncompliant businesses AB 2899 Posting Bond Challenging a Wage Claim
Requires employer, before appealing a decision by the Labor Commissioner, file a bond - in favor of the unpaid employee that covers the total amount of any minimum wages, liquidated damages, and overtime compensation owed. The bond is forfeited to the EE if the employer fails to pay the amounts owed within 10 days from the conclusion of the proceedings
Eff. 10/25/2016 Fair Pay and Safe Workplaces Executive Order (FPSW EO) Final Rule and Guidance Key changes - most significant compliance challenges facing federal contractors and subcontractors
FED: Fair Pay Rule/ Blacklisting Rule Temp Injunction The blacklisting rule requires that federal contractors report all violations of 14 different labor laws, plus similar state laws, to the federal government, including violations that have not been fully litigated in court, even if they still are being contested or have been settled. Under the rule, the government then determines whether a contractor is responsible enough to be awarded more contracts.
Proposed FED HR 6030 - Bans Salary History Questions (and Ban the Box) Pay Equity for All Act of 2016 Makes it unlawful for employer to: Screen prospective EEs based on their previous wages or salary histories Seek previous wages or salary history of any prospective EE Discharge or retaliate against any current/prospective for complaining, testifying, assisting, or participating in an investigation relating to any such act or practice
AB 1843 Juvenile Criminal History in Employment Applications Eff. 3/1/2017 AB 1732 Single User Restrooms All single-user toilet facilities in any business establishment, place of public accommodation or government agency must be identified as all-gender restroom
Eff. 6/9/2016 ABX2-7 Smoking in the Workplace Eliminates most existing exemptions that permitted smoking in certain work environments, such as bars, hotel lobbies, warehouse facilities and employer-designated smoking break rooms Considers e-cigarettes and vaping devices that contain
nicotine as smoking Eliminates exception for employers with 5/less EEs Raise the minimum smoking age from 18 to 21, except for active military personnel Prop 64: Legalizing Recreational Marijuana (impact to Drug Free Workplace Policy)
Legalizes possession and recreational use of up to 28.5 grams of marijuana and up to 8 grams of concentrated marijuana for adults 21+ Does Proposition 64 Limit an Employers Power to Prohibit Marijuana? Eff. 1/1/2017 SB 1234: State-Run Retirement Plan
for Private-Sector (Secure Choice) California Secure Choice Making Workplace Retirement Savings Possible for Millions of Californians http://www.treasurer.ca.gov/scib/ Eff. March 2018 New EEO-1 Form Requires Companies to Report Pay Data Employers with 100/more EEs To
begin submitting wage info starting March 2018 AB 2535 Itemized Wage Statements Clarification Paystub must include: 1.Gross wages 2.Total hours worked 3.All hourly rates in effect 4.Piece-rate units 5.Deductions 6.Net wages
7.Inclusive dates of pay period 8.Last four digits of EE ssn 9.Employers name & address 10.PSL available (or PTO) Exemptions from Requirement of Stating Total Work Hours: Outside salespersons Executive, administrative or professional exempt EEs Immediate family members Computer software exempt EEs
EEs in certain live-in substance abuse rehab programs EEs in certain national service programs AB 1847 Employers to Notify Eligible Employees of FED Earned Income Tax Credit If employer required to notify EEs eligible for the federal earned income tax credit (EITC), must also notify same EEs of eligibility for state EITC under the same conditions
Eff. 7/1/2017 AB 2337 Domestic Violence, Sexual Assault, or Stalking Victim Protection 25 or more Must provide EEs with written notice of rights of victims of domestic violence, sexual assault and stalking to take protected time off for medical treatment or legal proceedings The Labor Commissioner to develop a required form on/before July 1, 2017
AB 1661/ 1978 Harassment Prevention Training AB 1161 Requires local agency officials, including local elected officials, to receive sexual harassment prevention training and education AB 1978 Requires in-person sexual violence and harassment prevention training for janitorial workers (by January 1, 2019)
SB 1001 Immigration Documents (I-9) Under federal law, it is unlawful for employers to ask for more or different docs than required by Form I-9, or refuse to accept docs that appear genuine on their face, or engage in other types of document abuse Now unlawful in CA also Violators subject to a penalty of up to $10,000 SB 287 CA Health and Safety Code: AEDs Required in New Construction Requires AEDs
in all new commercial construction from January 2017 No Common Law Requirement for AED Eff. 03/1/2017
AB 1676/SB 1063 - Wage Discrimination/ Differential & Application to Race/Ethnicity AB 1676 establishes that an employees prior salary cannot, by itself, justify any disparity in pay SB 1063 prohibits wage differentials based on an employees race or ethnicity for substantially similar work AB 488 Definition of an Employee
Revises the definition of employee under CA Fair Employment and Housing Act (FEHA) to include individuals employed under a special license in a nonprofit sheltered workshop or rehabilitation facility Eff. 01/1/2018 AB 908 Paid Family Leave Benefits AB 1785 Amends Use of Wireless Devices while Driving Amends existing law to authorize drivers to use their hand to activate or
deactivate a feature or function of the device with a single swipe or tap, as long as the device is mounted so as not to hinder the drivers view of the road AB 2068 Talent Services Strengthens protection for an artists information or image to include information posted on:
An online service Online application Mobile application, or Website Eff. 11/1/2016 OSHA Drug and Alcohol Testing Drug testing for work-related injury/illness only provided there is an objectively
reasonable basis for testing Employer had a reasonable basis for believing that drug use by the reporting employee could have contributed to the injury or illness Eff. 07/01/17 Correction OSHA: On-Line Tracking of Workplace Injuries and Illnesses (IIPP)
Requires employers (in certain industries) to electronically submit to OSHA injury and illness data, to be posted on a publicly accessible Web site. Requires employers to inform EEs of their rights
Implicit requirement that an employer's procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage EEs from reporting Eff. 08/10/2016 Addl OSHA Final Rules Incentive Programs New
Retaliation Rules Eff. 01/1/2019 SB 1167 Cal OSHA: Heat Illness Rules for Indoor Workplaces Creates a heat illness and injury prevention standard applicable to indoor places of employment (based on environmental temperatures, work
activity levels, and other factors) Workers Compensation Law Changes SB 1160/AB 2503: Utilization review process occurring on or after January 1, 2018 AB 1244 suspensions of physicians, practitioners or providers from the workers compensation system AB 2883 clarifies Officers /Directors Exclusion SB 914 Deletes Authorization to use ACO&EM as Standard for Independent Medical Reviews SB 1175 Requires Providers to Submit Bills to Employer within 1 year of the Date of Service
AB 1643 Limitations on apportionment for pregnancy, menopause, osteoporosis, carpal tunnel syndrome Legal Cases and Trends Shannon Jenkins, Partner CA Supreme Court: On-Call Rest Breaks Are Not Permissible 12/22/16 Augustus v. ABM Security Services, Inc. Employers cannot require employees to remain on-call
during rest breaks, even though these short breaks are part of the employees paid hours worked Eff. 1/1/2017 SB 836: Amends the Private Attorneys General Act of 2004 (PAGA) Gives the California Labor and Workforce Development Agency: 1. 2. 3.
More time to investigate and issue citations for California Labor Code violations; More oversight over PAGA actions; An opportunity to object to proposed PAGA settlements as insufficient; and More funds to investigate and issue citations for California Labor Code violations (due to the new filing fee requirement) Eff. 1/1/2017 SB 1241: Choice of Law and Forum in Employment Contracts
Employer cannot require an employee who primarily works and resides in CA to agree to: Adjudicate a claim in another state when the claim arises in CA (prohibiting choice of forum) Apply another states law to a controversy that arises in CA (prohibiting choice of law)
Cases to Watch Alvarado v. Dart Container Corp. of California Dynamex Operations West, Inc. v. Superior Court Mendoza v. Nordstrom Troester v. Starbucks Corp. Williams v. Superior Court Back to AAL Avoiding Age Discrimination of Older Workers
Technology Job Postings Interviews Company Events NEW EEOC Publication for Workers with Mental Conditions EEOC Publication Depression, PTSD, & Other Mental Health Conditions in the
Workplace: Your Legal Rights https://www.eeoc.gov/eeoc/publications/mental_health.cfm Experts Predict ACA Repeal-and-Replace Forecasted: Likely the GOP House enact in stages Repeal and Replace will be piecemeal A Road Map by April Top HR Trends in 2017 Millennials Are No Longer The Newbies
Culture And Ethics Get A Much-Needed Refresh Performance Management Getting an Overhaul Contingent Workforce Rising See Training Modules List Annual Merit Increases are Giving Way to Variable Pay Annual Pay Raise Becoming Obsolete
Keepingbut Refining Merit Raises Setting different expectations for meritbased pay raises Improving goal setting Mixing salary increase and lump sums AAL
Recommendations for 2017 2017 Handbook Changes Major Changes:
Policy Against Harassment Cell Phone Use/Safe Driver Policy Weapons Policy Drug Testing Policy CA Final Wages Update and Roll-Out Plan: Addendum Sent in January Addendum folded into HB for New Hires
Eff. 08/01/16 (DOL) Poster Changes / Posting Options FEDERAL DOL issued two mandatory posting changes:
FLSA poster EPPA poster OSHA mandatory notification requirement STATE (CA) Minimum Wage Audrianne Adams Lee, SPHR HR NETwork, Inc.
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