Cities and Counties Across California Increased the Minimum Wage Again on July 1, 2018- Is Yours Included? (See Our Chart)

los angelesTen cities and counties across California increased their minimum wages again on July 1, 2018, including the following:

  1. El Cerrito
  2. Emeryville
  3. City of Los Angeles
  4. County of Los Angeles (unincorporated areas)
  5. Malibu
  6. Milpitas
  7. Pasadena
  8. San Francisco City and County
  9. San Leandro; and
  10. Santa Monica.

Employers should examine the rules for every jurisdiction in which they operate, not just the one or more where they might have offices. As different municipalities have different definitions of “covered employer” and/or “covered employee,” employers may be faced with different rules for the various jurisdictions in which they do business.  When there are conflicting requirements in the laws, the employer must follow the stricter standard – the one that is the most generous to the employee.

For example, a delivery company with drivers routinely working in multiple cities or counties each week may well have separate minimum wage compliance issues simultaneously.  For some cities, these rates apply when an employee works just two or more hours per week in the jurisdiction.  It is therefore imperative that you check the requirements for each city in which your employees work.

A covered employer must also conspicuously post an updated wage notice/bulletin for each applicable jurisdiction. Click the above city/county link(s) to download the most current notice.

California picAs of January 1, 2018, the California minimum wage is $11.00 for employers with 26 or more employees, and $10.50 for employers with 25 or fewer employees.  This will increase to $12.00/ $11.00 respectively on January 1, 2019.

In addition, the cities below have their own minimum wage ordinances that go into effect on January or July each year (with the exception of Berkeley).  See the chart below for more details: Continue reading

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Additional Employer Requirements Under San Francisco Paid Parental Leave Ordinance

San FranciscoIn California, employees can apply for paid family leave (PFL) benefits administered through the California’s Employment Development Department (EDD).  These PFL benefits are funded through employee-paid payroll taxes, and provide eligible employees with six (6) weeks of partial wage replacement.  No state-wide law requires that employers offer paid parental leave.

San Francisco, however, has enacted a local ordinance, the San Francisco Paid Parental Leave Ordinance (SFPPLO), which requires that covered employers supplement an employee’s PFL benefits.  As of January 1, 2018, the SFPPLO applies to any San Francisco-based employer with 20 or more employees worldwide.  Thus, any employer with more than 20 employees would need to offer eligible employees who work in San Francisco with fully paid leave that complies with the SFPPLO and would need to revise its parental policy accordingly. Continue reading

Update on the Travel Ban and DACA

Travel Ban

travel-ban May 2018On April 25th, 2018 the Supreme Court heard oral arguments from both sides on President Trump’s highly scrutinized “travel ban”. The travel ban, now in its third iteration, prohibits entry of travelers from five Muslim-majority countries (Iran, Syria, Yemen, Somalia, and Libya), as well as North Korea and government officials from Venezuela. Although previous versions of the travel ban were initially partially blocked by U.S. District Courts in Hawaii and Maryland, the Supreme Court lifted such injunctions in December 2017.

Since Trump first issued his travel order, setting off widespread chaos at airports just a few days after his inauguration, the issue has strongly shaped public perceptions of the new administration. It has also led to a string of defeats in lower courts, where judges ruled that the measure exceeded Trump’s authority and, in some cases, said it reflected bias against Muslims.

 

However, the Supreme Court of the United States has provided a friendlier forum, on this topic. The justices issued a ruling in June 2017 that allowed the second version of the travel ban to take partial effect. Then, in December 2017, with only two dissenting votes, they set aside lower-court rulings to allow the administration to put the third version into practice, a strong indicator of where the majority was headed.

Justice Samuel A. Alito rejected the notion Trump’s order could be considered a “Muslim ban,” noting it does not apply to most of the largest Muslim nations.

“If you look at what was done, it does not look like a Muslim ban,” he said.

Justice Neil Gorsuch, Trump’s appointee, questioned whether the challengers had standing to sue in the first place. Foreigners overseas do not have rights in U.S. courts, he said. Plaintiffs who live in Hawaii sued, contending the travel ban was illegal, but “third parties can’t vindicate the rights of aliens,” Gorsuch said.

Chief Justice John G. Roberts Jr. and Justice Anthony M. Kennedy portrayed the issue before the court as one of national security in which the chief executive, not the judicial branch, should be entrusted to weigh possible threats from foreign visitors.

 

A final decision by the Court is expected at the end of June. Meanwhile, the current version of the travel ban remains in effect during deliberation. Continue reading

USCIS Reaches FY 2019 H-1B Cap in Just Four Days

enter-usa-h1b-visaWASHINGTON, D.C. – On April 6, 2018, U.S. Citizenship and Immigration Services (USCIS) reached the congressionally-mandated 65,000 visa H-1B cap for fiscal year 2019. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, also known as the “Master’s cap.”

USCIS began accepting applications on Monday, April 2, and reached its cap within just four days.  It will reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings.

As of May 15, USCIS completed data entry for all fiscal year 2019 H-1B cap-subject petitions selected in its computer-generated random selection process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS cannot provide a definite time frame for returning unselected petitions. USCIS asks petitioners not to inquire about the status of their cap-subject petitions until they receive a receipt notice or an unselected petition is returned. USCIS will issue an announcement once all the unselected petitions have been returned.
Based on last year’s applications, receipt notices were sent out around May for cases that were accepted in the lottery, and applications that did not pass the lottery were returned (along with the original application and filing fees), by July.
Additionally, USCIS may transfer some Form I-129 H-1B cap subject petitions between the Vermont Service Center and the California Service Center to balance the distribution of cap cases. If your case is transferred, you will receive notification in the mail. After receiving the notification, please send all future correspondence to the center processing your petition.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally-mandated FY 2019 H-1B cap. USCIS will continue to accept and process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in a second H-1B position.

Continue reading

The Grady Firm to Host 2018 Labor Law Update Seminar on February 7 in Beverly Hills, CA

Beverly hillsOn Wednesday, February 7, 2018, Jennifer Grady, Esq. will host the 2018 Labor Law Update, sponsored by The Grady Firm, P.C. and the California Employers Association (CEA) in Beverly Hills, California. This event will cover recent, drastic changes to employment law and how such changes may impact California employers.  There will be time for Questions and Answers at the end of the presentation, and the opportunity to network with other business owners.

Governor brown signs lawsLate last year, Governor Jerry Brown signed more than 800 new bills into law. Many new laws significantly impact employers, including: Continue reading

IRS Mileage Reimbursement Rates Increase in 2018

fee-increaseBeginning January 1, 2018, the standard mileage rates designated by the Internal Revenue Service (IRS) are the following:

  1. 54.5 cents per mile for the use of a car, van, pickup or panel truck for business miles driven (up 1 cent from 2017).
  2. 18 cents per mile driven for medical or moving purposes (up 1 cent from 2017).
  3. 14 cents per mile driven in service of charitable organizations (unchanged).

The standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile. The rate for medical and moving purposes is based on the variable costs.

Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates. Continue reading