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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The Grady Firm Will be Meeting with Clients and Local Business Owners in Berlin and Munich in June

Berlin

Berlin, Germany

The Grady Firm,P.C. will be meeting with German clients abroad in June as a way to share accurate information about the realities of doing business in the United States and will provide tips for applying for a visa or Green Card during the current political climate.  As a truly cross-border firm, The Grady Firm’s global expansion and relocation Department advises foreign entrepreneurs on the best practices to establish a new business in the United States and transfer their employees to US offices. The Firm also assists German citizens with their citizenship retention application to retain German citizenship before they acquire US citizenship (“Beibehaltungsgenehmigung).  In line with these professional services,  Jennifer Grady, Esq. will be meeting with clients in Berlin from June 20-22, and Munich from June 28 to 28, 2018.

Munich

Munich, Germany

Click here to schedule a complimentary 15-minute consultation with Jennifer while she is in Germany, call +1 (323) 450-9010; or fill out a Contact Request Form. Continue reading

DHS Proposes Removal of the Entrepreneur Parole Rule- Comment period ends June 28

international-movers-and-packersAccording to a post on the uscis.gov website dated May 25, 2018, the Department of Homeland Security (DHS) proposes an end the International Entrepreneur Rule (IE Final Rule), a program that allows certain foreign entrepreneurs to be considered for parole to temporarily come to the United States to develop and build start-up businesses here.  After review of all DHS parole programs in accordance with an Executive Order (E.O.) titled, “Border Security and Immigration Enforcement Improvements,” issued on January 25, 2017, the DHS is proposing to end the IE parole program, and remove or revise the related regulations, because it alleges that this program is not the appropriate vehicle for attracting and retaining international entrepreneurs, and does not adequately protect U.S. investors and U.S. workers employed by or seeking employment with the start-up.  Interested parties will have until June 28 to make their opinions heard by DHS.

Backstory

In July 2017, DHS published a final rule to delay the implementation date of the IE Final Rule to March 14, 2018, to give the Department time to draft a rescission of the IE Final Rule. However, in December 2017, a federal court vacated the delay rule, requiring USCIS to begin accepting international entrepreneur parole applications consistent with the IE Final Rule.
However, DHS is now proposing to eliminate the IE Final Rule because the department believes that it represents an overly broad interpretation of parole authority, lacks sufficient protections for U.S. workers and investors, and is not the appropriate vehicle for attracting and retaining international entrepreneurs.

Continue reading

Additional Employer Requirements Under San Francisco Paid Parental Leave Ordinance

Dolores parkIn 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

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

Exciting News for Foreign Entrepreneurs: The International Entrepreneur Rule Is Back!

international-movers-and-packersGreat news for foreign  entrepreneurs looking for a way to pursue startup opportunities in the United States! A Federal Judge has blocked an effort by the Trump Administration to delay implementation of the International Entrepreneur Rule (IER), also known as the Entrepreneur Parole Rule, an Obama-era program that would give international entrepreneurs the opportunity to come to the United States to develop and operate start-up businesses.  Although the IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018.  This delay rule was meant to give USCIS time to review the IER and, if necessary, to issue a rule proposing to remove the IER program regulations.

However, on December 1, Judge James Boasberg of the U.S. District Court for the District of Columbia ordered the Department of Homeland Security (DHS) to begin accepting applications for the program in his decision in National Venture Capital Association v. Duke. Prior to Judge Boasberg’s decision, DHS attempted to delay implementation of the rule by postponing its implementation until March of 2018 so it could gather public comments on a proposal to rescind the rule altogether.

The main issue that led to Judge Boasberg’s decision arose when DHS delayed implementation of the rule without first holding a public notice and comment period on whether to institute the delay. According to the plaintiffs who filed the suit, including the National Venture Capital Association and other plaintiffs representing foreign entrepreneurs, DHS violated administrative procedures by delaying implementation of the rule, six days before it was to go into effect, without first soliciting public comment on whether to implement the delay. Continue reading

California Labor and Employment Updates for 2018

CapitolThe California Legislature has passed the following labor and employment bills, which will become law effective January 2018.

PRIOR SALARY AND PRIOR CONVICTIONS

Salary History Information

AB 168 prohibits employers from asking job applicants for “salary history information,” which includes both compensation and benefits.  But where an applicant “voluntarily and without prompting” discloses salary history information, the employer may rely upon the information in setting the applicant’s starting salary.  As a result, questions about prior salary may not be asked in job applications or interviews by an employer or an agent of the employer.

Additionally, AB 168 requires employers to provide the pay scale for a position if the applicant requests it.  This bill makes California the first jurisdiction in the country to require that employers provide applicants with the pay scale for a position, upon “reasonable request.”

This bill applies to employers, both private and public, and will become effective January 1, 2018. Continue reading

California Minimum Wage Increases on January 1, 2018

minimum wageCalifornia Minimum Wage Rate Increase

Beginning on January 1, 2018, the minimum wage in California will increase to the following:

  • Employers with 25 employees or less must pay employees at least $10.50 per hour, and
  • Employers with 26 employees or more must pay employees at least $11.00 per hour.

Keep in mind that some California counties and cities have higher minimum wages with which employers must comply.  Cities and counties are allowed to establish minimum wage rates that are higher than state and federal minimum wage laws.  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.

Prior to 2012, only five localities had their own minimum wage laws.  In the last five years, the trend towards more expansive local minimum wage amounts has caught on in cities and counties across the state.  Currently, 39 counties and cities have enacted their own minimum wage laws.  For information on the latest minimum wage laws in U.S. cities and counties, click here.

The following are minimum wage rates for some major California counties and cities: Continue reading

“It’s Beginning to Look a Lot Like… Terminations This Holiday Season”

holiday partyGiven the recent tidal wave of allegations of sexual harassment in politics, the entertainment industry, and social media, employers may want consider the following guidelines in preparation for their company holiday events where alcohol and off-site events may create a combustible mix of unwanted behavior by one employee to another.

Holiday parties may be an excellent opportunity for employees to socialize outside of the confines of the office, and to reward employees for their service, but they can also give rise to employer liability in the absence of appropriate precautions. Before planning your next holiday soiree, review the potential pitfalls and solutions below so that your event can be full of cheer, rather than unpleasant lawsuits.

  1. Serving Alcohol at Company Functions

wine glassesWhile having alcohol available may make typical water cooler conversations less awkward, and can be a way for people to let off steam and celebrate, it can lead to liability for employers in the form of vicarious liability, sexual harassment, social host liability, and other potential issues. Continue reading

The Grady Firm, P.C. Adds Global Expansion and Relocation Advising Department to Support Multi-National Corporations

globeIn response to multi-national corporations’ growing need to move personnel across borders, The Grady Firm has emerged as an outsourced Global Mobility Department that provides expansion and relocation services to innovative companies.  The Grady Firm helps companies relocate their employees from abroad to the United States, while assisting companies with their expansion to several countries around the world.

 

Domestically, The Grady Firm provides to companies seeking to bring employees to the United States, and/or open a U.S. subsidiary:

US Flag

  1. Immigration Strategy and Analysis for companies seeking long-term and short-term solutions.  We develop a plan to assist owners, employees, and their dependents with visa, Green Card, and Citizenship applications;
  2. Employment law counseling and support for Human Resources Departments, including assistance with hiring, disciplining, and terminating employees; creating and monitoring E-Verify accounts; I-9 compliance; medical leave advising; on-site sexual harassment training in English and Spanish; on-site company investigations; and ongoing counsel for employment law concerns as companies grow and expand;
  3. Drafting contracts, such as employment agreements, severance agreements, independent contractor agreements, and client services agreements;
  4. Corporate advising and creation of US subsidiaries;
  5. Facilitate preparation of a comprehensive tax strategy for the company and its employees by working closely with our network of licensed tax advisors; and
  6. Provide referrals to our network of CPAs; real estate brokers; and payroll, insurance, employee benefits, recruiting, marketing, and credit card processing companies.

Continue reading

The Grady Firm joins MAPLE Canadian-US Business Council Delegation to Toronto; Partners with Canadian Immigration Firm to Offer Cross-Border Services

maple-jg-with-sign-e1507223473277.jpgOn September 21-22, 2017, Jennifer Grady, Esq. participated in a delegation of the MAPLE® Canadian-U.S. Business Council of Southern California on a cross-border networking event in Toronto, Ontario.  The delegation visited nine leading innovation, enterprise, and government organizations and hosted a sold-out cross-border networking reception to connect with Toronto-area business leaders.  A panel presentation called “Doing Business with Southern California” featured speakers from Economic Development & Tourism, Business and International Development at Greater Irvine Chamber in Orange County, and the World Trade Center Los Angeles.

Maple JG

Outside MaRS Discovery District

The following organizations provided the delegation with insight into their work and shared opportunities for cross-border collaboration:

  • EY Canada
  • JLabs Toronto
  • MaRS Discovery District
  • Royal Bank of Canada
  • Ryerson University Digital Media Zone
  • Toronto Board of Trade
  • Toronto Global
  • Toronto Rehabilitation Institute
  • U.S. Department of Commerce

Continue reading

USCIS Releases New I-9 Form to Be Used by September 2017

i-9USCIS released a revised version of Form I-9, Employment Eligibility Verification, on July 17, 2017. Download instructions are available on the Form I-9 page. Employers can use this revised version, or continue using Form I-9 with a revision date of 11/14/16 N through Sept. 17, 2017. However, on Sept. 18, employers must begin using the revised form with a revision date of 07/17/17 N. Employers must continue following existing storage and retention rules for any previously completed Form I-9.

Revisions to the Form I-9 instructions:

  • USCIS changed the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, “Immigrant and Employee Rights Section.”
  • USCIS removed “the end of” from the phrase “the first day of employment.”

Continue reading

Plaintiffs Given Broad Access to Discovery in PAGA Suits by California Supreme Court

1200px-Earl_Warren_Building_(San_Francisco)

by Grace Lim-Ayres, Esq.

On July 13, 2017, the California Supreme Court in Williams v. Superior Court (Marshalls of CA, LLC) issued an opinion addressing the scope of discovery in representative actions brought under PAGA (Private Attorneys General Act of 2004, codified in Cal. Lab. Code § 2698 et seq.).  The Labor Code Private Attorneys General Act (PAGA) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations.

The Williams Court unanimously reversed the trial court’s discovery order denying plaintiff access to statewide contact information for fellow employees of other Marshalls stores.  It held that plaintiffs in PAGA actions have access to a broad scope of discovery similar to discoverable information in a class action.  The plaintiff is entitled to statewide contact information at the onset of the case to determine which cause of action to plead, and whether a broader representative action is warranted.

In what could be considered another blow to employers in an already employee-friendly state, given the relatively low threshold for pleading, employees may now bring more PAGA claims that are in fact “fishing expeditions”, which will in turn require employers to spend more time defending against them.  In addition, it is clear that statewide contact information is relevant and discoverable in a PAGA claim at the outset of the case. Continue reading