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Will COVID-19 Paid Time Off Be Extended?

We’ve received several questions from employers questioning the possible extension of the Family First Coronavirus Response Act (FFCRA) time off and the CA COVID-19 Supplemental Paid Sick Leave. As you may recall, the FFCRA was extended a couple of times, most...

Remote I-9 Identification Procedures Still in Play

The U. S. Immigration and Customs Enforcement (ICE) has once again extended the allowance for employers who are working exclusively in a remote setting due to COVID-19-related precautions, to be exempt from the physical inspection requirements associated with the...

The Calm Before the Storm – What Do We Know About the Federal Vaccination Mandate?

By Kim Silvers, SPHR, PHRca Earlier this month, President Biden announced he was mandating all private employers with 100 or more employees and health care facilities (including hospitals, nursing homes and home health agencies receiving Medicare and Medicaid...

New Meal Period and Rest Break Premium Calculation

New Meal Period and Rest Break Premium Pay Calculation The hits just keep on coming… By Kim Silvers, SPHR, PHRca Last week the California Supreme Court ruled in Ferra v Loews Hollywood Hotel, LLC that non-exempt (“hourly”) employees who are not afforded a compliant...

To Mask or Not to Mask?

To Mask or Not to Mask?   We hate to be the “repeaters of bad news” but you’ve likely seen the recent press announcements of several CA cities and counties requiring or recommending that all persons (vaccinated and unvaccinated) wear a mask while indoors.  Last...

One Score… Including a Dog Year

By Kim  Silvers, President of Silvers HR, LLC We’re celebrating our 20th anniversary in the HR consulting business this year.  (Although I’m pretty sure the last year has been equivalent to a dog year in the life of an HR nerd.)  I started this business in 2001 after ...

Revised Emergency Temporary Standards for COVID-19 in the Workplace

(This is an update to an article previously sent to our clients with new information) As you’ve likely heard, the Cal/OSHA Standards Board approved the revised Emergency Temporary Standards (ETS) on June 17, 2021.  Whew! Well not a total WHEW. There’s still work to be...

COVID-19 Vaccine: The Good, The Bad, and the well…It’s Complicated

By Jennifer Lippi, JD, SPHR, PHRca As COVID-19 vaccines become more readily available, many employers are asking if they should require employees to get vaccinated.  The Equal Employment Opportunity Commission (“EEOC”) has said that if the employer can show that,...

EEO-1/California Department of Fair Employment and Housing (“DFEH”) Pay Data Reporting

By Laurie Nooren, SPHR, PHRca, SHRM-CP Senate Bill 973 was signed by the Governor on September 30, 2020.  The intention of this new reporting requirement is to assist the DFEH in identifying wage patterns and enforcing equal pay and anti-discrimination laws.  The...

Minor Workers? See Something, Say Something… Mandated Reporters and Required Training

By Stacey Sommerhauser, SPHR, PHRca, SHRM-SCP If you employ minor workers (anyone under the age of 18), pay close attention.  You have new requirements under the California Penal Code! For many years, certain professions (e.g., teachers, police officers, social...

California Minimum Wage Increase (Reminder)

Senate Bill 3 (“SB 3”) passed in 2016 detailed an increase of the state’s minimum wage over future years, providing smaller employers one additional year to reach the level of larger employers’ minimum wage rates.  On January 1, 2021, the state minimum wage will...

California Family Rights Act (“CFRA”) Expansion – For Just About Everyone and Their Brother

Senate Bill 1383 (“SB 1383”), signed by the Governor on September 17, 2020, expands the CFRA to all employers with five or more employees.  SB 1383 makes it an unlawful employment practice for any employer, with five or more employees, among other things, to deny or...

Even More Covid-19 Notice and Reporting Requirements Coming New Year’s Day

Assembly Bill 685 (“AB 685”), signed by the Governor on September 17, 2020, and effective on January 1, 2021, amends several provisions of California’s Health and Safety and Labor Codes in response to the COVID-19 pandemic, including exhaustive notice requirements in...

A Slew of New Employment Laws May Be on the Horizon for California Employers

By: Robin E. Largent Partner, Carothers DiSante Freudenberger LLP Although the pandemic has caused the shutdown of many businesses and has significantly curtailed life as we know it, it has not stopped the California legislature.  The legislature is considering a...

More Cities Pass COVID-19 Ordinances for Employers

Kim Silvers, SPHR, PHRca If you have employees in Sacramento, Santa Rosa, San Francisco, or San Mateo County, you’ll want to be familiar with the additional COVID-19 related  ordinances these city/county governments have gifted their employers with this month. Since...

A Few Other Matters Creeping into These Unprecedented Times

by Kim Silvers, SPHR, PHRca How many ways can we say “unprecedented” without repeating this dreadfully overused term? We’ve sent out weekly COVID-19 updates since the first week in March. I’m over it. How about you? Oh, but wait – the waves of the “Return from...

As the Pandemic Subsides, Working from Home Is Here to Stay: Best Practices for Employers as They Prepare for Long-Term Teleworking

By Jennifer Duggan and Susanna Matingou In this uncertain era of COVID-19, at least one thing is sure: teleworking is not going anywhere. Our collective initial foray into mass teleworking was abrupt, mandatory, and perhaps best described as trial by fire. However,...

Are Parent-Teacher Conferences FMLA eligible?

By Laurie Nooren, SPHR, PHRca, SHRM-CP The Family and Medical Leave Act (FMLA) states that eligible employees* are allowed time off from work to care for a child with a “serious health condition,” which includes both physical and psychological care as well as making...

A W-4 Makeover for 2020. Free of Charge…

By Stacey Sommerhauser, SPHR, PHRca, SHRM-SCP The Internal Revenue Service (IRS) gave the W-4 a makeover for 2020. This is the first major redesign of the form since 1987.  The 2020 W-4 will look very different from previous versions to you and your employees, as the...

Good News (for now) California Court of Appeal Clarifies Meal and Rest Period Premium Pay Calculation

By Jennifer L. Lippi, SPHR, PHRca On October 9, 2019, the California Court of Appeal in Ferra v. Loews Hollywood Hotel, LLC, issued a decision clarifying the rate of pay at which an employer must pay meal and rest period premiums.  As you likely know, if an employee...

California Wildfires… the season is coming

By Stacey Sommerhauser, SPHR, PHRca, SHRM-SCP If you’ve lived in California for any length of time you know we are about to start California’s wildfire season. The fire season in California has been starting earlier and ending later each year. As I write this article...

Risks And Rewards Of Unlimited PTO

By Shaw Law Group “Reprinted with permission from the Daily Recorder, a Daily Journal Corp. publication” Some California employers offer, or may be considering, “unlimited” paid time off plans (“unlimited PTO”) in lieu of traditional accrued vacation or PTO. The...

Paid Family Leave Insurance Continues to Expand

Governor Newsom signed SB 83 this summer, extending the maximum period of paid family leave insurance (PFLI) wage replacement benefits from six to eight weeks beginning on July 1, 2020. Although this is not currently an employer funded program (deductions are made...

The CROWN Act – Creating a Respectful & Open Workplace for Natural Hair

By Laurie Nooren, PHR, PHRca, SHRM-CP In early July, Governor Newsom signed into law a bill (SB188), making it clear that California’s Fair Employment and Housing Act (FEHA) and Education Code protect individuals with race traits, such as hair texture and hair...

This Month’s Top Three Questions

This Month’s Top Three Questions We receive hundreds of employer inquiries every month about a variety of  employment related topics.  Here are the big hits we’re hearing a lot about these days and a bit of our findings… It’s so much easier and cheaper to have an...

The Power of Pause: Emptying Cups and Other Tools to Win

By Katie McConnell Olson, CPA, PHR Have you ever sat in complete silence with a stranger for ten whole minutes? It feels like a really long time. Sometimes two minutes of silence with a stranger can feel like a lifetime! The good news is that there is real power in...

They’re back… Social Security No-Match Letters that is!

By Stacey Sommerhauser, SPHR, PHRca, SHRM-SCP Social Security No-Match letters aren’t new. If you were in HR or Payroll in the last 10-15 years you’ve seen these letters from the Social Security Administration (SSA) in years past notifying you that you have an...

Everyone Reading This Needs This Training – Seriously!

Who would have guessed a year ago that CA employers would be required to train every employee and manager in their firms this year on avoiding sexual harassment claims and other related topics?   As you may have heard by now, every CA employer with 5 or more employees...

State Run Retirement Plans

By Kate Kriner This article was edited on 6/17/2020 to update the June 2020 deadline to September 30, 2020 As your efforts to retain good employees in the current labor market become more challenging, you might have considered offering a Retirement Saving Plan to your...

EEO-1 Pay Data Requirement May Be Back

By Jennifer L. Lippi, J.D., SPHR, PHRca Generally, each year employers with 100 of more employees, and federal contractors with 50 or more employees, are required to file the EEO-1 report, providing the Equal Employment Opportunity Commission (“EEOC”) with data on the...

Whoa – We didn’t see this one coming! Changes in Call-In Reporting Time Pay

By Laurie Nooren, PHR, PHRca, SHRM-CP California employers and employees are likely familiar with the reporting time pay requirements included in most of our Industrial Wage Orders.  Hang on, because this type of pay is changing, and it may impact your business now or...

SB 3 – CALIFORNIA MINIMUM WAGE INCREASE

Although we share this reminder with our retained clients each December, we want to ensure employers are up to speed on the minimum wage ripple effect. Savvy employers know the minimum wage for non-exempt/hourly employees has risen once again (and will continue to do...

Immigration Enforcement Bill Enjoined by Federal District Court

By Jennifer L. Lippi, SPHR, PHRca California’s Assembly Bill 450 (“AB 450”), also known as the “Immigration Worker Protection Act,” was passed in 2017 in response to expected immigration actions by the Trump Administration.  As we told you way back then, AB 450 in...

What Are Your Expectations… of Salary?

By Stacey Sommerhauser, SPHR, PHRca Last year we wrote about the ban on asking applicants about their salary history (AB 168) prior to employment.  This CA law was based, in part, on the belief that pay based exclusively on prior wages can be risky as it further...

¿Hablas español? “English-Only” Rules

By Laurie Nooren, SHRM-CP, PHR, PHRca The California Department of Fair Employment and Housing (DFEH) recently awarded $90,000 (in addition to a severance package) to three Latino workers,  who filed a discrimination case against Forever 21 Retail, Inc. for...

Retirement Plan Check-Up

By Beth Harrington, President, Benefit Resources, Inc. If you sponsor a retirement plan, then you have a lot of responsibilities.  Beyond making contributions every pay period, the fourth quarter of each plan year brings additional requirements.  Benefit Resources,...

California Legislative Update: Here Are the New Employment-Related Laws for 2019

By: Robin E. Largent, Partner Carothers DiSante & Freudenberger, LLP Fall is upon us and with that comes a deluge of new employment laws. (Think "sex" and you'll cover many of them!) Robin Largent, partner at CDF, shares below the highlights of some of the key...

Overtime Pay Isn’t What You May Think

Early in my career I worked in a service business where payroll costs could make or break the company. Sales were up? Raise payroll a bit. Sales down? Cut payroll immediately.  It was a weekly up and down and hard on everyone.  And Overtime – You’ve got to be kidding...

Further Guidance on National Origin Discrimination

The CA Fair Employment & Housing Council (FEHC) recently issued further clarification for employers on how national origin will be defined.  The new FEHC Regulations elaborate on the protections of applicants and employees who may be undocumented or be members of...

Rounding Timekeeping Entries Makes the Cut in CA – Barely

Last week, the California Court of Appeal allowed that an employer may round time entries to the nearest quarter hour for timekeeping and payroll calculations.  In the case AHMC Healthcare, Inc. v. Superior Court the employer has a policy that rounds employees’ time...

What’s the Most Ignored Task That Almost Guarantees Your Business to Fail?

By Tom Bone, Risk Insurance Advisor with ISU Insurance Services All too frequently, we learn how Mother Nature and man-made events affect businesses, employees, and families. Weather, earthquakes, fires, and other events damage property and cause injuries,...

Independent Contractors are Fading into the CA Sunset

By Kim Silvers, SPHR, PHRca, SHRM-SCP The California Supreme Court recently ruled in the Dynamex Operations West, Inc. v. Superior Court that the Company’s independent contractor drivers were employees under a new definition.  Dynamex is a nationwide package and...

New Test for Unpaid Interns – Whew!

Are you considering hiring an intern this summer?  Good news!  The US Department of Labor (DOL) has issued new factors to determine if an intern may be unpaid and not considered an employee under the Fair Labor Standards Act.  This is after several federal courts...

More Troublesome California Laws on the Horizon for California Employers

By: Robin E. Largent Partner, Carothers DiSante & Freudenberger, LLP Curious what the California Legislature is cooking up for employers in the Golden State this year?  I can tell you it isn’t pretty.  Here’s a list of notable bills (almost all of which are...

ETP: Training funds available from the State of California

By: Michael Snead Each year, a State of California agency called the Employment Training Panel or “ETP,” awards up to $100 million dollars to California-based companies to reimburse costs of job skills training.  In July, this amount will grow to $110 million.  ETP...

What’s in the Water Around Here?

By: Helen Horyza About a month ago, Tom returned to work at a mid-sized engineering firm after a five-year period of retirement. He was bored and missed the challenges of work. He came back on a Tuesday and a management meeting was underway. He expected things to run...

HR Insights: 6 Benefits of Implementing an HCM Technology Solution

By Telly Tasakos There is no shortage of HR technology available in the market to streamline HR functions.  HR Professionals might use as many as 10 different software programs in their day to day work.  From recruitment software, job boards, benefits software,...

Don’t Even Think About It…. Asking About Salary History That Is!

By Stacey Sommerhauser, SPHR-CA, SHRM-SCP The state of California continues to pass legislation that protects individuals’ pay and more so, how an employer determines employees’ pay. Employers must be uber cautious in making job offers and subsequent salary changes...

Waiting Periods for Vacation Reaffirmed – A Win for Employers

By Susan Breslauer, SPHR-CA, SHRM-SCP Vacation and paid time off (PTO) are optional benefits, not required by law in California.  However, if vacation/PTO is provided to employees, it is considered a deferred wage.  (PTO is usually a combination of vacation and sick...

Department of Labor Exempt Salary Ruling Struck Down

By Susan Breslauer, SPHR-CA, SHRM-SCP  Employers breathed a sigh of relief at the recent court ruling that the Department of Justice overstepped its bounds last year in raising the minimum salary for certain exempt employees to $913/week ($47,476 per year).  This is...

Employment Bills Awaiting the Governor’s Signature

Kim Silvers, SPHR- CA, SHRM-SCP As the triple digit temperatures fade in Sacramento, the state legislature wraps up its bills for the Governor’s signature or veto. We watch the employment related bills closely throughout the year and call our state Senator and...

The Litigation Risk that Many Small and Mid-Size Employers May Be Needlessly Holding On To

By John Wood The latest edition of The Betterly Report noted that, when it comes to Employment Practices litigation risk, “The larger employer is much more likely to transfer risk than are smaller employers.  Ironically, it is the smaller employer that probably needs...

A Day of Rest is Clarified –

By Kim Silvers, SPHR-CA, SHRM-SCP California employers who have employees working beyond a regular five-day schedule will be happy to see the California Supreme Court’s recent ruling in Mendoza v. Nordstrom.  Although Nordstrom may have felt like it...

New California Regulations: Consideration of Criminal History in Employment Decisions

By Susan Breslauer, SPHR-CA, SHRM SCP New California regulations entitled “Consideration of Criminal History in Employment Decisions Regulations”, will limit an employer’s right to use criminal background information in hiring and other employment...

Commissioned Employees are Entitled to Separate Pay for Rest Breaks

By Kim Silvers, SPHR-CA, SHRM-SCP   California employers received another surprise court decision requiring commissioned sales employees to be paid separately for their state-required rest breaks.  This decision is somewhat related to earlier decisions...

Check Your New Hire Packet: A New Version of Form I-9 is in Effect

By Susan Breslauer, SPHR-CA, SHRM SCP By January 22, 2017, all employers should be using the updated Form I-9, dated November 14, 2016, published by the US Citizenship and Immigration Services.  The new form has an expiration date of August 31, 2019.  All...

More “Ban the Box” Laws; What Employers Need to Know

By Jennifer L. Lippi, J.D., SPHR   There are several local laws and a possible new state law that severely limit employer inquiry into criminal convictions.  On January 22, 2017, Los Angeles became the second city in California, after San Francisco, to...

All Gender Restrooms Are on the Way

All Gender Restrooms Are on the Way If you’ve combed through our 2017 employment law update, you’ll find a new bill (Assembly Bill 1732) tucked into the middle of this tome that requires all single-user toilet facilities be identified as an all-gender...

What a Year

  What a Year By Kim Silvers, SPHR-CA, SHRM-SCP One of our roles as HR consultants is to ensure our clients have resources and knowledge back-up to stay out of employment court. We do a pretty good job of that and I’m proud of the ethical employers we...

What is the Difference Between Success and the Status Quo?

By Cami McLaren The best way to be successful – really successful – is to plan for your success.  No matter how you define success, you will be vastly more likely to achieve it if you are intentional.  Starting now.  In this article, I will give you some...

Negativity in the Workplace – Part I – Why So Prevalent?

By Cami McLaren This will be a 3-part series on the topic of negativity in the workplace – seeing it for what it is; deciding what to do; and a case study. Part I – Why it is Contagious When I teach classes to management, often I hear about the negativity...

When is Travel Time Paid?

By Stacey Sommerhauser, SPHR-CA, SHRM- SCP We often receive questions from CA employers regarding when to pay non-exempt (hourly) employees for travel time.  Here’s a “quick and dirty” reference to begin to understand the complexities of this additional...

Hold ‘em or Fold ‘em… Are You Ready for the New Exempt Salary Increase?

By Kim Silvers, SPHR-CA, SHRM-SCP, Should California employers put the brakes on preparing for the December 1, 2016, new exempt salary increase threshold? You may have heard that 21 state attorneys general and governors filed a lawsuit against the...

CA Supreme Court Rules on Suitable Seating Provisions for Employees

In a somewhat nuanced read on whether California employers are required to offer employees seating while performing their jobs, the CA Supreme Court ruled that the nature of the work at a given location must be considered, rather than a holistic view of...

Motivation from a New Perspective

By Helen Horyza Having a team of highly motivated employees is a prized objective for any leader. It’s also maddeningly unpredictable. The “platinum perspective” offers a clear strategy to achieve optimum productivity, retention of valued talent and, over...

Piece Rate Workers Safe Harbor Filing Ends This Week

By Kim Silvers, SPHR-CA If you have piece rate workers (those employees paid X dollars/cents for the production of a widget, rather than an hourly rate) you already know that AB 1513 added additional steps for California employers to pay and track...

More California Cities Add Complexity to Paid Sick Leave and Minimum Wage

Do you have employees working in Los Angeles, San Diego, Santa Monica, and San Francisco? Each of these cities recently enacted ordinances that require almost all employers to pay minimum wages above the California state minimum wage. (Currently $10.00...

March Madness: Pending California Employment Bills

By: Robin E. Largent, Partner at Carothers, DiSante & Freudenberger LLP Curious what the California Legislature is up to this legislative session?  As is the case every year, there are several employment-related bills that have been proposed and are...

The DOL’s Exempt Salary Ruling is Around the Corner – Preparing for the Worst

Last summer we told you of the U.S. Department of Labor’s (DOL) announcement to amend 29 CFR Part 541, the “white collar” exemption for executive, administrative, and professional employees. The comment period has passed and the DOL will announce their final decision...

Significant Changes to the Anti-Harassment Policies, Training and Procedures

Kim Silvers, SPHR-CA, SHRM-SCP The CA Fair Employment Housing Council (FEHC) has been working overtime to create more compliance requirements for our employers.  The most arduous of the recent list is a renewed emphasis on anti-harassment, discrimination...

Managing Paid Sick Leave

Managing Paid Sick Leave Use/Abuse By Susan Breslauer, SPHR-CA, SHRM-SCP, We’re receiving a number of inquiries from our clients regarding sick leave abuse and medical certification rules under the new Paid Sick Leave (PSL) law. Does the following dilemma sound...

Who Pays for Vaccines?

Must Employers Pay For Employee Vaccines If They Are Required As A Condition Of Employment?By Jennifer L. Lippi, J.D., SPHRIt is that time of year again. Yes, cold and flu season. We’ve received calls from some of our California employers asking if they can require...

2016 CA Minimum Wage Impact

The Ripple Effect - Minimum Wage Increases Impact Affect More Than Minimum Wage EmployeesBy Kim Silvers, SPHR-CA, SHRM-SCPAB 10 increases the California state minimum wage from $9 per hour to $10 per hour effective January 1, 2016.  California employers are required...

Changing Your Culture with a Strategic Disciplined Financial Approach

By Jeff Birkholz, Partner, CFO Performance GroupCan you change the culture of your company with finances? The following case study shows you can. Utilizing principles of disciplined financial management process, an incentive plan was designed to specifically...

DOL Offers More Clarification on Independent Contractors

The U.S. Department of Labor (DOL) issued new guidance on the classification of independent contractors as employees under the Fair Labor Standards Act (FLSA).  The DOL Administrator’s Interpretation (AI) sets yet another shadow on a fading classification of workers. ...

Paying Employees Equitably – Bring on the Salary Surveys

Salary Surveys - SB 358 Changes the LandscapeOne of the more far-reaching California state laws affecting gender-based pay will become effective January 1, 2016. The CA Fair Pay Act (SB 358) expands current law to require employers to not only pay all employees fairly...

“Lose the Attitude…”

By Kim Silvers, SPHR-CAWe recently received a draft policy from an employer asking if the following “basic rules” for new employees could be included in the onboarding package:Show up when scheduledLose the attitudeCooperate with fellow staff and managersDo your...

The Exempt Employee Becomes a Rare(r) Animal?

DOL Proposes to Change Exempt Employee Salary MinimumExempt Employee SalaryLet's face it, the government would prefer that just about every employee be paid on an hourly basis, receive overtime, and employers eliminate the exempt salary classifications. Another...

AB 304 Amendment – Key Changes to the Healthy Workplaces, Healthy Families Act

After many iterations, and weeping and gnashing of teeth, the CA paid sick leave (PSL) amendment bill (AB 304) has been signed by Governor Brown.  AB 304 has a number of provisions that are intended to clarify the original law (AB 1522 - Healthy Workplaces, Healthy...

Key Changes to the California Family Rights Act

Family Rights ActThe California Fair Employment and Housing Council has approved updates to the CA Family Rights Act (CFRA) to add clarification and also align the CFRA more closely with the federal version of this law – the Family and Medical Leave Act (FMLA). The...

New ACA Reporting Requirements Just Around the Corner

Sarah Aquino - VP, Integrated Benefits and Insurance Services, Inc. ACA certified by the National Association of Health Underwriters By now we’re all aware that the Affordable Care Act (aka Obamacare) requires U.S. citizens and legal residents to carry a minimum...

5 Ways You Can Be A Better Leader Today

5 Ways You Can Be A Better Leader TodayBy Jeremiah Miller, Forging Leaders “Leadership is the art of getting someone else to do something because HE wants to do it.” ~Dwight D. Eisenhower.There are two approaches to getting what you want. I call these two methods Push...

Don’t even think about it…

Questions asked by employers who rarely like the answer. By Kim Silvers, SPHR-CA As HR consultants, we work with hundreds of California employers. They call us to think out loud about employee performance issues, leave of absence dilemmas, compensation challenges, bad...

Preparation for California’s New Paid Sick Leave

Preparation for California's New Paid Sick Leave As you've heard, California's new paid sick leave law (AB 1522, also known as the Healthy Workplaces, Healthy Families Act of 2014 or "HW/HF") was effective on January 1, 2015. The most critical part of the law becomes...

2015 Salary Budgets

WorldatWork reports that U.S. organizations will increase 2015 salary budgets slightly to 3.1 percent over the average 3.0 percent in 2014.  Major metropolitan areas such as Los Angeles and San Francisco will likely be at the 3.1 percent range, while smaller markets...

NLRB Continues to Push Employers’ Rights Right Out the Door

By Kim Silvers, SPHR-CA In a stunning reversal of a National Labor Relations Board's (NLRB) 2007 decision, the Board ruled earlier this month that employees who use company email must be permitted to use it for union organizing and group discussions about terms and...

New Paid Sick Leave Law Brings Additional Employer Requirements on January 1, 2015

by Susan Breslauer, SPHR-CA As you know, California's new paid sick leave law (AB 1522, also known as the Healthy Workplaces, Healthy Families Act of 2014) was signed by Governor Brown in September. The most critical part of the law requiring employers to grant all...

Got 1099’s? Independent Contractors Think Twice

by Kim Silvers, SPHR-CA Independent contractors are becoming a dying breed in these United States.  We've seen several cases this year where individuals have been  found to be misclassified as independent contractors.  The back taxes and penalties (think FICA match,...

Mandatory Sick Leave Bill is Passed

By Kim Silvers, SPHR-CA The Healthy Workplaces, Healthy Families Act of 2014 (AB 1522), that will be effective July 1, 2015, will require just about all California employers (private and public sectors with one or more employees)  to accrue paid sick leave for all...

California Supreme Court Limits Commissioned Salesperson Overtime Exemption

By Jennifer L. Lippi, J.D.  A recent California Supreme Court decision places California employers who pay commissions in another wage and hour dilemma. In the often used "inside sales" exemption classification  the CA Supreme Court ruled that all commissioned inside...

Employers Must Reimburse Employees For Work-Related Use of Cell Phones

By Jennifer L. Lippi, J.D. In a sweeping decision, the Court of Appeal in Cochran v. Schwan’s Home Service, Inc., held that when employees have to use their personal cell phone for work-related purposes, the employer must reimburse them for such use, whether the...

Don’t Be Fooled – Minimum Wage Increases Affect More Than Minimum Wage Employees

Minimum Wage Increases By Kim Silvers, SPHR-CA AB 10 increases the California state minimum wage from $8 per hour to $9 per hour effective July 1, 2014.  The minimum wage will increase again on January 1, 2016 to $10/hr[1]. Many employers are scurrying to assess the...

New Laws Further Restrict An Employer’s Use of Criminal Conviction Inquiries on Employment Applications

By Jennifer L. Lippi   Knowing as much as possible about an applicant’s background is key to hiring the ideal candidate.  In this pursuit, most employers require job applicants to note any criminal convictions on the employment application prior to hire...

Finding, Attracting and Selecting the Best Talent – 5 Key Fundamentals Needed in Your Recruitment Process

By Curt Cetraro and Mitzi Robinson How do you ensure you are selecting the best talent? Most companies struggle to some extent with finding, attracting and hiring the best people to fill core roles within their organization.  This is particularly true in a unique...

Heads Up – The DOL’s P3 Initiative: What You Should Know Before the Storm Arrives

By Jennifer L. Lippi The P3 Initiative: What you should know In 2010, the U.S. Department of Labor (“DOL”) announced a new regulatory strategy called “Plan, Prevent and Protect” (which has been dubbed the P3 Initiative).  According to the DOL, the goal of the new...

Revisions in Federal Exempt Classifications Under Study

By Kim Silvers, SPHR-CA What are the revisions in Federal Exempt Classifications? On March 13, 2014, President Obama issued a memorandum to the Secretary of Labor  instructing her to "propose revisions to modernize and streamline the existing overtime regulations. In...

Back to Square One – Employee Wins Round Two When Employer Lacks Consistency

Employee wins round two By Jennifer L. Lippi A California employer is stinging from a reversal in a trial court's summary judgment ruling that a termination for unsatisfactory performance was defensible enough to withstand the employee's charge of age discrimination...

Employer’s Liability Shows Up in Some of the Most Unusual Places

By Kim Silvers, SPHR-CA A few recent California court of appeal decisions have us shaking our collective heads over the extended liability employers have for employees who are off the job and off company premises.  We'll begin with a situation that occurred after a...

Compensation Insights and Musings for 2014

We are receiving an increasing number of inquiries from California business owners on the compensation insights and trends for 2014.  We're pleased to see the interest from and the ability for employers to finally begin to consider recognizing employees with...

California Employers Walloped By State Labor Agency Audits

By Christopher W. Olmsted It turns out that your Human Resources Director’s anxiety over possible labor agency audits is not mere paranoia; the government really is out to get you. The California labor agency, the Division of Labor Standards Enforcement (DLSE)...