Federal Law Alerts - September 2020

Posted on Tue, Sep 22, 2020

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Tags: COVID-19, Labor Law updates, Federal Labor Law, Federal Law Alerts

California Law Alerts - September 2020

Posted on Mon, Sep 21, 2020

COVID 19, Imminent Hazard to Employees, Closure, and Notice

On September 17, 2020, California Governor Gavin Newsom signed legislation (AB 685) authorizing the California Division of Occupational Safety and Health (division) to mandate the closure of, and prohibiting entry to, a workplace where the exposure to COVID-19 is an imminent hazard to employees. Closure is limited to immediate area where the imminent hazard exists. The division will provide an employer with a closure notice that it must conspicuously post in the workplace and only the division can remove it when the workplace is safe with the required safeguards in place. However, workplace entry is permitted, so long as with the division’s knowledge and permission, to eliminate the dangerous conditions. This COVID-19 imminent hazard provision is repealed on January 1, 2023.

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Tags: COVID-19

Deferring Federal Payroll Tax Obligations and COVID-19

Posted on Thu, Sep 10, 2020

On August 28, 2020, the U.S. Department of the Treasury issued guidance to address President Trump’s August 8th memo authorizing the deferral of the withholding, deposit, and payment of Social Security payroll tax obligations for affected taxpayersEmployers are not required to defer the payment of Social Security taxes, the deferral is optional, but any deferred taxes must be repaid. The guidance and the memo do not address whether employees can elect to defer (or decline the deferral of) this federal payroll tax. 

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Tags: COVID-19, defer payroll tax

COVID-19 and Lost Wages Assistance Program

Posted on Wed, Sep 09, 2020

On August 12, 2020, the U.S. Department of Labor (DOL) released guidance for the Lost Wages Assistance (LWA) program that is administered by states through a grant agreement with FEMA. FEMA does not pay benefits directly to individuals, instead the states distribute the funds through their UI system as a supplemental payment.

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Tags: COVID-19, lost wages

Worker Classification Exemptions

Posted on Wed, Sep 09, 2020

On September 4, 2020, California Governor Gavin Newsom signed legislation (AB 2257) expanding the exemptions to the state’s ABC test, which is used to determine whether an individual is an employee or an independent contractor (worker classification) under the California Labor Code, Unemployment Insurance code, and Industrial Welfare Commission wage orders.

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Tags: employee vs independent contractor

Updated COVID-19 Guidance

Posted on Wed, Aug 05, 2020

On July 24, 2020, the California Department of Fair Employment and Housing released an updated guidance for employers about COVID-19 addressing:

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Tags: Pinnacle Employee Services, Business, Employers, COVID-19, businesses

COVID-19 and Safe Reopening

Posted on Wed, Aug 05, 2020

On July 31, 2020, the California Department of Public Health updated its COVID-19 Employer Playbook For a Safe Reopening to require employers to contact the local health department in any jurisdiction where an employee lives when there is a COVID-19 workplace outbreak. An outbreak is three or more laboratory-confirmed cases of COVID-19 within a two-week period among employees who live in different households.

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Tags: Pinnacle Employee Services, Employers, small businesses, COVID-19

Sexual Harassment Prevention Training for Supervisors

Posted on Wed, Aug 05, 2020

On August 4, 2020, the California Department of Fair Employment and Housing releasedsexual harassment and abusive conduct prevention training for supervisory employees. This training meets the legal requirement that employers with five or more employees provide at least two hours of sexual harassment prevention training and education to all supervisory employees in California by January 1, 2021.

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Tags: Sexual Harassment Training, Sexual Harassment Prevention, California Sexual Harassment

Three Tips for Business Leaders Who Are Considering Reopening Offices

Posted on Wed, Jul 29, 2020

Three Tips for Business Leaders Who Are Considering Reopening Offices

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Gov. Newsom’s Alcohol Agency Issues Edict Declaring What a Bar ‘Meal’ Is

Posted on Wed, Jul 22, 2020

California Business and Professions Code
Sec. 23038

“Bona fide public eating place” means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. “Meals” means the usual assortment of foods commonly ordered at various hours of the day; the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. “Guests” shall mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein. Nothing in this section, however, shall be construed to require that any food be sold or purchased with any beverage.

Sec. 23038.1

Notwithstanding the provisions of Section 23038, “bona fide public eating place” also means a convention center, exhibit hall, or auditorium, which shall hereinafter be referred to as “premises,” owned by or leased to the State of California, any incorporated city, county, city and county, or public corporation of the State of California which is regularly and in a bona fide manner used and kept open for the attendance of groups of guests, and in connection with such use serves meals to such groups of guests for compensation, and which has suitable kitchen facilities in connection therewith, such kitchen containing conveniences for preparation of ordinary meals and maintained in a sanitary condition with proper refrigeration for the keeping of food on the premises in compliance with all regulations of the local department of health.
“Meals,” as used in this section, means foods commonly ordered at a lunch or dinner; provided, however, that the service of food such as sandwiches or salads only shall not be deemed compliance with this requirement.
“Groups of guests,” as used in this section, means persons who come to the premises owned or leased as provided herein, to make use of such premises for the purpose or purposes for which it was designed, and in connection with such use may, as a group, order in advance and obtain or be served a meal therein.
“Convention center” as used in this section, means a building or group of buildings in close physical proximity consisting of, but not necessarily limited to, a convention hall, exhibit hall, auditorium, or theater, or any combination thereof, and used for the purpose, among other things, of providing facilities for conventions, theatrical productions, shows, sporting centers, exhibits, displays, conferences or meetings.
Nothing in this section shall be construed to require that meals be served every day that use is made of the premises or any part thereof. However, meals shall actually be available to groups of guests in good faith upon adequate notice and request to the operators of such premises on any day of any year that such premises are used by such groups of guests, and shall be served to groups of guests as heretofore provided on at least 25 percent of the total days each year that the premises are used by said groups of guests.
Nothing in this section shall be construed to require that any food be sold or purchased with any alcoholic beverage.

Sec. 23038.2

Notwithstanding the provisions of Section 23038, for purposes of issuing an on-sale beer and wine license only, “bona fide public eating place” also means a ball park, stadium, or coliseum featuring professional sporting events which maintains suitable kitchen facilities for the preparation of food which is offered for sale to persons attending such professional sporting events.
The Department of Alcoholic Beverage Control may prescribe specific types and sizes of beer and wine containers which may be sold pursuant to the provisions of this section.

Sec. 23038.3

Notwithstanding Section 23038, for purposes of issuing an on-sale beer and wine license only, “bona fide public eating place” also means a cooking school that regularly and in a bona fide manner provides courses of instruction in the preparation of food, and that maintains suitable kitchen facilities for the preparation of food that is offered to persons attending the courses of instruction.
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