All California Employers with 5+ Employees Must Provide Sexual Harassment Training in 2019, Even if Trained in 2018

HARASSMENTOn September 30, 2018, Governor Jerry Brown signed into law S.B. 1343, which now requires that employers with 5 or more employees in California provide 1 hour of sexual harassment and abusive conduct training to non-managerial employees, and 2 hours for managerial employees once every two years. Managerial employees must receive training within 6 months of hire or promotion.

BY WHAT DATE MUST EMPLOYEES BE TRAINED?

calendarAll managerial and non-managerial employees must receive training by January 1, 2020. After January 1, 2020, employees must be retrained once every two years. That means that all employees statewide must be retrained again by January 1, 2022.

WHAT IF MY EMPLOYEES WERE TRAINED BETWEEN JANUARY 1 AND DECEMBER 31, 2018?

The law requires that employees be trained during calendar year 2019. According to the recently released DFEH FAQsemployees who were trained in 2018 or before will need to be retrained.

S.B. 1343 requires that the California Department of Employment and Fair Housing (DFEH) make online training courses available on the prevention of sexual harassment and abusive conduct in the workplace. However, DFEH does not expect to have such trainings available until late 2019. Therefore, in order to ensure that your employees receive the required training by January 1, 2020, it is best to schedule training now to secure the availability of a trainer, account for any employee make-up sessions, and to train in multiple sessions to stagger the number of employees who are taken away from work to attend training. Continue reading

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Updates to California Labor Law Posters

CapitolStay up to date with recent changes to California labor law posters!  In order for your business to stay in compliance with these recent changes, the updated posting(s) must be downloaded, printed, and then posted next to your current labor law poster. Remember, labor law posters must be posted in a conspicuous location so that all employees may see them.

1. EDD- Unemployment Insurance, Disability Insurance, Paid Family Leave:

The California Employment Development Department (EDD) has updated its EDD notice regarding Unemployment Insurance, Disability Insurance, and Paid Family Leave. The updated notice reflects a change to the online application platform, as well as formatting changes. The department recommends maintaining updated information, however, this update will not be mandatory until January 1, 2019. The poster revision date is August 8, 2018.

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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

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.”

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DOL Rule Increasing Minimum Salary Requirements for Exempt Employees Now on Hold Per Court Order

gavelLast month, we discussed how the Department of Labor (DOL) was scheduled to implement a new rule that would increase the minimum salary requirements for exempt employees.  The new rule published by the DOL would have doubled the minimum salary requirements for employees from $455/week to $913/week. This rule was supposed to take effect on December 1, 2016; however, employers can breathe easy for a bit longer.

On November 22, 2016 a federal judge from the United States District Court in Texas temporarily blocked implementation of the rule, in response to a request by 21 states and business groups.  This delay is temporary, while litigation continues and the court makes a determination as to whether the DOL has the authority to implement such a rule. Continue reading

URGENT: Employers MUST Post New Federal Minimum Wage and Polygraph Posters By August 1, 2016

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ATTENTION all Employers:

The Department of Labor recently revised the federal mandatory minimum wage and polygraph posters that employers must post in the workplace.

Although the federal minimum wage did not change, the new minimum wage poster now contains information regarding the consequences of incorrectly classifying workers as independent contractors, in addition to a new section on the rights of nursing mothers.

The new federal polygraph poster now contains updated contact information for the Department of Labor, and no longer contains a reference to the penalty amount of up to $10,000 for violation of the law.

employment posterEmployers are required to post the updated posters in a conspicuous area of the workplace by no later than August 1, 2016. Continue reading

Show Them the Money! California Employer Responsibility for Payday, Overtime, and Wage Statements

by Jennifer A. Grady, Esq.

California employers are required to follow the following state and federal laws regarding paydays, final paychecks, overtime, and wage statements. As failure to do so can result in significant penalties, interest, and attorney’s fees, employers must ensure that they are in compliance with the applicable laws below.

I. PAYDAY

payday word circle marked on a calendar

Employees must be paid wages at least twice per calendar month on specific days, as established by company policy. Pursuant to California Labor Code § 207, the regular pay day schedule must be posted in a conspicuous/obvious place on a notice showing the time, day, and location of payment.

Wages earned between the 1st and 15th days of the month must be paid by the 26th day of the month during which the labor was performed. Wages earned between the 16th and the last day of the month must be paid by the 10th day of the following month. Labor Code § 204(a). Continue reading

$11 Million Awarded in Job Training Funds to Employers by California Employment Training Panel

California-State-Capitol1SACRAMENTO – On September 25, 2015, the State of California’s Employment Training Panel approved more than $11 million to train more than 12,880 workers throughout California.  In total, the panel approved 42 training contracts aimed at supporting job creation and retention while increasing opportunities for workers through the development of job skills and training. The Employment Training Panel (ETP) provides funding to employers to assist in upgrading the skills of their workers through training that leads to good paying, long-term jobs.

The ETP was created in 1982 by the California State Legislature and is funded by California employers through a special payroll tax.  There are millions of dollars in this account accessible to employers each year. The ETP is a funding agency, not a training agency; therefore employers can determine their own training needs and who provides their training.

“These training contracts are significant economic development tools for businesses and their employees,” said Stewart Knox, the Employment Training Panel’s Executive Director. “Workers receive job training for well-paying jobs, and businesses can grow their workforce and revenue.”