New Year, New Company Policies

business partnersAs companies grow and evolve over time, it soon becomes clear that they will outgrow their employee and operations policies–that is, if they even had any in the first place!  The best time for a CEO, COO, CFO, and Human Resources Department is to reassess these policies is at the end of the year, and to roll out new policies at the start of a new year.  Every January, there are changes that will take place anyway (such as updated IRS mileage reimbursement rates and local minimum wage rates), so it’s a good time to include policy updates when you provide this information to employees all at once.  There are numerous policies you can begin revising now to issue to your staff in January. Read further to begin your end of year action plan:

1. Employee Handbook

EmployeeHandbook_Pop_6467.jpgThe first item that should be addressed is the company Employee Handbook. If your company does not have one, or has not updated an existing one in more than a year, it’s time to speak with an attorney about creating or updating your Handbook.  In fact, for companies that have more than 5 employees, a Handbook is a no-brainer because it will have clauses in it that you are required to provide to employees (for example, Pregnancy Disability Leave is available for employees at companies with 5 or more employees, and the Employee Handbook is the best place to provide this information to employees).  Besides using the Handbook as the opportunity to explain all of the California mandatory leave-laws, paid sick leave time, and cell phone reimbursement policy, you can use this as a forum to explain the company’s social media, use of technology, dress code, tardiness, absentee, and drug/alcohol use policies. You can also outline which behaviors will result in discipline or termination. Continue reading

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

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.

Ten cities and counties across California will increase their minimum wages again on July 1, 2018. For the most comprehensive and up-to-date chart of minimum wage rates by city and county across California, see our article.

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

Is Your Employment and Labor Law Poster Up to Date?

by Jennifer A. Grady, Esq.

In California, all employers must meet workplace posting obligations.  Fortunately, workplace postings are usually available at no cost from the requiring agency.  The Department of Industrial Relations requires employers to post information related to wages, hours and working conditions in an area frequented by employees where it may be easily read during the workday. Additional posting requirements apply to some workplaces.

To ensure that your Employment and Labor Law Posters reflect changes in the law effective January 1, 2014, you may want to order the latest version of the poster from the requiring agency, or a company that specializes in all-in-one posters. 

The following changes took place in 2013:

  • Family Medical Leave Act (FMLA)- updated February 2013;
  • California Franchise Tax Board (FTB) Notice to Employees- updated May 2013;
  • Whistleblower Protection- updated July 2013;
  • Cal OSHA- updated July 2013;
  • Department of Fair Employment and Housing (DFEH) Discrimination & Harassment- updated November 2013;
  • Employment Development Department (EDD) Unemployment Compensation- updated November 2013;
  • Effective July 1, 2014, California’s minimum wage increased to $9.00 an hour.

For a list of available safety and health postings, visit the Cal/OSHA publications page.