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Court Reiterates That Employers Need Not Police Meal Periods

March 28th, 2018

CA Court of Appeal judged that an employer satisfied its duty to provide meal periods, and was not required to police employee’s meal period violations.

CLICK HERE to read the complete article.

 

 

 

How will California’s 2018 laws affect you?

January 5th, 2018
California 2018 Minimum Wage

California employers must comply with the state’s minimum salary requirement for Administrative Exempt (salaried) employees.  In California, Administrative Exempt employees must earn a monthly salary of no less than two times the state minimum wage for full-time employment.

Administrative Exempt Employee Salary Requirement
(Employers with 26 or more employees)

This does not apply to Executive Exempt, Professional Exempt, Computer Exempt or Outside Sales Exempt employees.

  • As of January 1, 2018:  CA minimum wage = $11.00 per hour 
    San Diego’s minimum wage = $11.50 per hour
  • 40 hours per week:  Full-time employee works 40 hours in a week
  • 52 weeks per year:  Full-time employee works 52 weeks in a year
  • 2,080 hours per year:  Full-time employee works 2,080 hours in a year (40 hours x 52 weeks = 2,080)
  • $45,760 per year minimum:  Minimum annual salary for a full-time, administrative exempt employee ($11.00 x 2= $22.00 x 2,080 = $45,760)
  • $3,813.33 per month minimum:  Minimum monthly salary for a full-time, administrative exempt employee ($45,760 ÷ 12= $3,813.33)

Administrative Exempt Employee Salary Requirement
(Employers with 25 or less employees)

This does not apply to Executive Exempt, Professional Exempt, Computer Exempt or Outside Sales Exempt employees.

  • As of January 1, 2018:  CA minimum wage = $10.50 per hour 
    San Diego’s minimum wage = $11.00 per hour
  • 40 hours per week:  Full-time employee works 40 hours in a week
  • 52 weeks per year:  Full-time employee works 52 weeks in a year
  • 2,080 hours per year:  Full-time employee works 2,080 hours in a year (40 hours x 52 weeks = 2,080)
  • $43,680 per year minimum:  Minimum annual salary for a full-time, administrative exempt employee ($10.50 x 2= $21.00 x 2,080 = $43,680)
  • $3,640 per month minimum:  Minimum monthly salary for a full-time, administrative exempt employee ($43,680 ÷ 12= $3,640)
Local Minimum Wage

Employers must comply with both state and federal minimum wage laws. Whichever law gives employees a higher wage rate governs.  But, to make it even more complicated, a local entity (a city or a county) may also enact a minimum wage rate that is higher than the state or federal minimum. Therefore, employers must know the federal, state, and local minimum wage rates—and choose whichever one gives the employees more.

Example
The City of San Diego’s minimum wage is $11.50, and will remain so until January 1, 2019. Since San Diego has a higher wage rate than California’s rate of $10.50  (or $11.00, depending on the amount of employees; see above) and the federal rate of $7.25, San Diego employers must pay their hourly employees a minimum wage of $11.50 through January 1, 2019.

Note: The exempt minimum salary requirement is based on the current state minimum wage, not any applicable local minimum wage.

Other New 2018 Laws Affecting California Employers

Parental Leave Mandate for Small Business Passes — Effective January 1, 2018

October 30th, 2017

SB 68 – New Parent Leave Act Signed – This bill will require 12 weeks of job-protected maternity and paternity leave for smaller companies with 20 to 49 employees. Under current law, only those who work for an employer of 50 or more are eligible for job-protected leave. SB 63 will take effect January 1, 2018.

Read the complete article here:  http://hrwatchdog.calchamber.com/2017/09/parental-leave-mandate-passes/

Employers will no longer be able to ask about an applicant’s criminal history

October 24th, 2017

AB 1008 (McCarty) – Criminal History Background Checks for Job Applicants – Signed

This bill will prohibit an employer from inquiring into a job applicant’s criminal history until after a conditional job offer is made. This is the so-called “ban-the-box” law which refers to the criminal history box on job applications. AB 1008 will take effect on January 1, 2018.

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB1008

Who’s Responsible for Providing Disability-Related Workplace Accommodations to Temporary Employees?

July 28th, 2017

Many businesses use temporary workers placed by staffing agencies. But who is responsible when a temporary worker requests a disability accommodation?  The staffing agency and the business … CLICK HERE for the complete article by The National Law Review.

Labor Commissioner Fines Contractor for Wage Theft of Subcontractor – Calchamber Alert

July 20th, 2017

calchamberalert.com

For the first time, the Labor Commissioner has held a general contractor responsible for wage theft by its subcontractor by issuing citations under AB 1897 (Section 2810.3 of the Labor Code), which took effect on January 1, 2015. The Labor… CLICK HERE FOR THE FULL ARTICLE 

California Supreme Court Decides Important “One Day’s Rest in Seven” Questions

May 10th, 2017

California Supreme Court Decides Important “One Day’s Rest in Seven” Questions

Employment Contracts with California Employees Require California Law – Lexology

October 10th, 2016

Beginning January 1, 2017, employers may not require a California employee to agree to litigate claims in a state other than California or to apply the law of another state to disputes that arose in California. These new restrictions pose particular problems for companies headquartered outside of California who employ workers in California.

CLICK HERE TO READ THE COMPLETE ARTICLE by Lexology.

CA Employers Must Provide Written Notice of Right to Take Domestic Violence Leave – Lexology

September 27th, 2016

california

On September 14, 2016, Governor Jerry Brown signed AB 2377 into law which expands the employer notice requirements regarding domestic violence…

Click for FULL ARTICLE

Source:  Lexology.com

Which States Will Raise Minimum Wage in 2016?

December 9th, 2015
HR Compliance Expert (11/23/2015) Liza Casabona

Effective Jan. 1, the minimum wage will increase in a number of states and California is included in that list.  Be sure to review your employee wages before the start of the New Year to include exempt and non-exempt employees.

CLICK HERE TO READ THE COMPLETE ARTICLE

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