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Effective URL: https://www.silvershr.com/
Submission: On March 28 via api from US — Scanned from US
Effective URL: https://www.silvershr.com/
Submission: On March 28 via api from US — Scanned from US
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Let us help you determine the right salary in your market. We can focus our national salary survey to each metropolitan area and industry. We offer salary survey data for one or a group of jobs. EMPLOYEE SURVEYS Do you know what your employees are thinking? Are you really listening? Employee engagement is more important than ever to help gain higher productivity and reduce employee turnover. We offer customized confidential on line surveys for small and large groups. Contact Us For More Info DID YOU KNOW? When an employer accepts an employee’s resignation earlier than the date specified by the employee, the employer may be subject to charges to the EDD reserve account. Unless the termination was processed early due to the employee’s misconduct, the employer is determined to be the moving party. HR WISE Quarterly HR eNews Stay up-to-date with employment laws and regulations affecting your business, with information and strategies on how best to comply. HR WISE SIGNUP FORM First Name Last Name Email Address Sign Up! We respect your privacy and have a no SPAM policy. STAY UP-TO-DATE ON HR NEWS UPDATED WAGE THEFT PREVENTION ACT NOTICE (NOTICE TO EMPLOYEE) By Jennifer L. Lippi, JD, SPHR In late 2023, the Governor signed AB 636 which revised the information that must be included in the Labor Code Section 2810.5 “Notice to Employee.” Section 2810.5 requires that employers provide non-exempt employees with written notice... Read More WEEKLY PAY PERIODS – BEST PRACTICE? MAYBE NOT….. By Laurie Nooren, SPHR, PHRca, SHRM-CP Are your employees paid bi-weekly (every two weeks), semi-monthly (twice per month), or weekly (52 payrolls per year)? Of all these options, you may be thinking “who would want to run payroll 52 times in a year?” However, we... Read More PAID SICK LEAVE UPDATE As you know, there was a significant update to the California Paid Sick Leave (PSL) law in SB 616, effective January 1, 2024. As we have been assisting our clients with updating their policies, an additional question has been asked by several of our clients. You may... Read More TOP 10 THINGS ON THE 2024 HR TO-DO LIST By Laurie Nooren, SPHR, PHRca, SHRM-CP Top 10 Things on the 2024 HR To-Do List Holiday greetings to all. As the year end approaches (where did 2023 go?), you may be wondering what should be on your top 10 list of HR things to do for 2024. Here are our suggestions:... Read More GETTING INTO THE WEEDS ON SB 553- CALIFORNIA’S WORKPLACE VIOLENCE PREVENTION STANDARD Getting into the Weeds on SB 553- California’s Workplace Violence Prevention Standard By Jennifer L. Lippi, JD, SPHR, PHRca Earlier this month, in our 2024 legal update, we highlighted the key requirements of SB 553, which is California’s new workplace violence... Read More ARTIFICIAL INTELLIGENCE HAS ENTERED THE CHAT… Artificial Intelligence has Entered the Chat… Kate Kriner, PHRca Artificial Intelligence or “AI” might be the word of 2023 (even though forms of AI have been around since the 1950s). Most recently Generative AI (ChatGPT being a well-known example) has been the topic... Read More WHEN DID ROUNDING BECOME SQUARE? TIMECARD ROUNDING, THAT IS. By Laurie Nooren, SPHR, PHRca, SHRM-CP For years, California courts have allowed the practice of rounding in/out times for the day up to the nearest quarter of an hour. This was before any real technology was available that allowed employers to easily calculate hours... Read More WHO BEARS THE COST? NAVIGATING REMOTE WORK EXPENSES AND RESPONSIBILITIES By Stacey Sommerhauser, SPHR, PHRca, SHRM-SCP The courts have been busy this summer as another case was decided, this time in the area of reimbursement of expenses for employees working remotely. If you have been our client for any amount of time, you know we have... Read More REVAMPING BACKGROUND CHECK PROTOCOLS: WHAT EMPLOYERS NEED TO KNOW By Jennifer L. Lippi, JD, SPHR, PHRca California Employers have long been subject to the state’s Fair Chance Act, which among other things, requires employees to wait until a conditional offer of employment is made to inquire about or consider an applicant’s criminal... Read More ONBOARDING REMOTE WORKERS & FORM I-9 COMPLETION REQUIREMENTS? E-VERIFY MIGHT BE THE SOLUTION FOR YOU. By Kate Kriner, PHRca As you may have discovered in the last few years with the huge increase in remote work, on-boarding now has some new unique challenges. One of the many challenges for employers is arranging for a physical inspection of the employment eligibility... Read More COMING TO AN END… REMOTE FORM I-9 INSPECTIONS By Kate Kriner, PHRca The U.S. Department of Homeland Security (“DHS”) and the U.S. Immigration and Customs Enforcement (“USICE”) has announced the inevitable end to the COVID-19 exception from the physical inspection of employment eligibility documents (i.e., social... Read More DO NUMBERS MATTER? AKA “HOW MANY EMPLOYEES DO YOU REALLY HAVE?” By Laurie Nooren, SPHR, PHRca, SHRM-CP Do you have temporary, seasonal, part-time, on-call, inactive or “as needed” employees on your payroll? We will often ask clients “how many employees do you have?” This question is asked to determine which employment laws an... Read More BEWARE OF BOILERPLATE SEVERANCE AGREEMENTS By Jennifer Lippi, SPHR, PHRca In a recent National Labor Relations Board (“NLRB”) decision McLaren v. Macomb, the Board ruled that offering severance agreements with certain confidentiality and/or non-disparagement provision violates the National Labor Relations Act... Read More HOW DO I PAY OVERTIME WHEN MY EMPLOYEES HAVE MULTIPLE RATES OF PAY IN A WORKDAY OR WORKWEEK? By Stacey Sommerhauser, SPHR, PHRca, SHRM-SCP We all know if a non-exempt employee works in California for more than eight hours in any one workday or more than 40 hours in a workweek, then overtime wages are due at the rate of one and one-half the employee’s regular... Read More SETTING THE RECORD STRAIGHT—COMMON WORKPLACE MYTHS By Kate Kriner, PHRca We are well into the 21st century and many of the workplace practices and benefits have been around so long we just assume they are based on laws, regulations and rules. In fact, many of these practices have no legal basis. Let’s separate some... Read More IT IS TIME TO UPDATE YOUR COVID-19 PREVENTION PROGRAM- AGAIN! By Jennifer Lippi, SPHR, PHRca As you are likely aware by now, under Cal/OSHA’s new COVID-19 “Non-Emergency” Regulations adopted on February 3, 2023, an employer must develop a written COVID-19 Prevention Program (CPP) or ensure its elements are included in an... Read More CONSIDERING ALLOWING REMOTE WORK? By Kate Kriner, PHRca Wow, here we are at the end of 2022 and we have all sorts of new work words in our lexicon: quiet quitting, hybrid work, digital exhaustion, career cushioning. Today, we want to discuss remote work (FKA: telework), specifically work performed... Read More TOP 5 THINGS ON THE 2023 HR TO-DO LIST By Laurie Nooren, SPHR, PHRca, SHRM-CP Holiday Greetings, all you HR nerds. If you’re anything like this HR nerd, you make compulsive lists, if nothing but to cross things out and give you a sense of accomplishment. As the year end approaches, what should be... Read More NEW LAW CHANGES PAY TRANSPARENCY REQUIREMENTS FOR EVERY CA EMPLOYER By Kim Silvers, SPHR, PHRca Governor Newsom signed Senate Bill 1162 (SB 1162) this week, furthering the pay information CA employers must share with applicants, employees, and the state. This body of law has been creeping up around the country and now it’s in... Read More CA COVID-19 SUPPLEMENTAL SICK LEAVE IS EXTENDED Governor Newsom has signed Assembly Bill 152 (AB 152) extending the use of COVID-19 Supplemental Paid Sick Leave (SPSL) from the original expiration date of September 30, 2022 to December 31, 2022. This will apply to CA employers who have more than 25 employees. ... Read More SAN FRANCISCO PASSES PROPOSITION G: PUBLIC HEALTH EMERGENCY LEAVE ORDINANCE (“PHELO”) By Kate Kriner, PHRca There is yet another leave in effect for employees working in San Francisco. Passed by voters in June as Proposition G, the Public Health Emergency Leave Ordinance, or “PHELO,” becomes effective on October 1, 2022. There is some good news… This... Read More PAID FAMILY LEAVE SMALL BUSINESS GRANT By Jennifer Lippi, JD, SPHR, PHRca California’s Paid Family Leave Insurance (“PFLI”) program provides eligible employees with up to 8 weeks of wage replacement benefits when employees are on leave for certain qualifying reasons, such as caring for a seriously ill... Read More IT IS TIME TO UPDATE YOUR COVID-19 PREVENTION PROGRAM- AGAIN! By Jennifer Lippi, SPHR, PHRca As you are likely aware by now, under Cal/OSHA’s COVID-19 Emergency Temporary Standards (ETS), employers are mandated to have a written COVID-19 Prevention Program (CPP). On April 21, 2022, the Cal/OSHA standards board adopted revisions... Read More SOURDOUGH BREAD, CHOCOLATE, FOG AND… EXTRA EMPLOYEE BENEFITS? By Kate Kriner, PHRca Yep, we are talking about the City (and County) by the Bay. If you have employees working in San Francisco, you are likely (hopefully?) already familiar with the Office of Labor Standards Enforcement (OLSE). The rest of you might think to skip... Read More WHEN WAS THE LAST TIME YOU MET WITH YOUR DIRECT REPORTS INDIVIDUALLY? By Stacey Sommerhauser, SPHR, SHRM- SCP, PHRca If you can’t remember the last time you had a one-on-one meeting with each of your direct reports, or remember it being during your last annual performance evaluation meeting, well, some will tell you this is too darn... Read More ALCOHOLIC BEVERAGE CONTROL RESPONSIBLE BEVERAGE SERVICE TRAINING EFFECTIVE JULY 1, 2022 – WHO PAYS FOR IT? By Laurie Nooren, SPHR, PHRca, SHRM-CP If you serve alcohol at your business, please take note. Beginning July 1, 2022, anyone who serves or delivers alcohol, checks IDs for the purpose of serving alcohol, takes orders for alcohol or pours alcohol, and their... Read More TIME TO TAKE ANOTHER LOOK AT ARBITRATION AGREEMENTS? The long-awaited decision by the United States Supreme Court in Viking River Cruises, Inc. v. Moriana was issued on June 15, 2022, and brings some good news for California employers. In a sweeping decision, the Court held that employers may compel arbitration of... Read More IS YOUR RETIREMENT PLAN IN PLACE? By Kate Kriner, PHRca The final deadline is approaching for employers to register for the CalSavers Retirement Savings Program. If you have not previously registered and have at least 5 employees you must either register for the CalSavers program or offer another... Read More (DON’T) TAKE THE MONEY AND RUN COMMON PITFALLS WHEN DEDUCTING FROM WAGES Courtesy of Duggan McHugh Law Corporation We all know that employers may make certain deductions from wages for payroll taxes, medical insurance premiums, retirement plan contributions, and garnishments or court orders. But what about deductions to recuperate expenses... Read More WHEN AN EMPLOYEE DIES By Jennifer L. Lippi, JD, SPHR, PHRca Although not a popular topic, it happens – someone dies while employed. Whether it is sudden or expected, the death of an employee can be challenging for staff and management. Management may be unclear on the short and long-terms... Read More SALARY BUDGET TRENDS FOR 2022 By Kim Silvers, SPHR, PHRca Employers are struggling to find the right mix of base compensation and incentives to attract and retain talent. We all know of the “Great Resignation”, the dearth of candidates (no longer referred to as “viable candidates”) and the... Read More ASK THE HR NERD… WHAT IS IT WITH ALL THESE PAMPHLETS? By Kate Kriner, PHRca A frequent question our consultants are asked is “What is with all the employment pamphlets and notices that California requires? Do we really have to give them more than once and when?” We are sure you are all tired of hearing this, but… it... Read More ARE YOU LEAVING MONEY ON THE TABLE – TAX CREDITS ARE SERIOUS BUSINESS By Judah LaVine, Partner Carrazco – Innovative Tax Solutions Too often available tax credits are not identified or even looked into as they are often too specialized or unknown to businesses and their accountants. But in today’s business climate, taking full... Read More OUR PREDICTIONS FOR 2022… BECAUSE WE REFUSE TO WRITE ONE MORE ARTICLE ABOUT YOU KNOW WHAT IN 2021 Musings by Kim Silvers, SPHR, PHRca Congratulations on getting thorough another year of YOU KNOW WHAT (an acronym also known as COVID-19). If you’re as weary of hearing about this as yours truly (and those surrounding her) you may welcome this distraction on the road... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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 ... Read More 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... Read More 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,... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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,... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More ¿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... Read More 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,... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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,... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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,... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... Read More 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... 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