On Sept. 10, 2014, Gov. Jerry Brown signed the Healthy Workplaces, Healthy Families Act of 2014 (Assembly Bill 1522), making California the second state, after Connecticut, to implement paid sick leave state-wide. This law takes effect July 1, 2015, and implements a number of new Labor Code provisions (sections 245 et seq.).
Employers subject to California’s mandatory AB 1825 sexual harassment training requirement for supervisors will need to revise their programs to include prevention of “abusive conduct,” following an amendment (AB 2053) to California’s Fair Employment and Housing Act (FEHA).
The Occupational Safety and Health Administration (OSHA) announced a final rule Sept. 11, 2014, revising the requirements for reporting work-related fatality, injury and illness information. The rule also updates the list of employers partially exempt from OSHA record-keeping requirements.
San Francisco’s Board of Supervisors, has “banned the box,” the widely used criminal history check box on employment applications. The ordinance makes San Francisco the ninth jurisdiction to enact ban-the-box legislation applicable to private employers. In addition to banning the box, the new San Francisco legislation imposes a host of additional new restrictions on the use of criminal history for employment purposes. These restrictions supplement those already imposed by the federal Fair Credit Reporting Act (FCRA) and arguably make San Francisco the toughest jurisdiction in the U.S. for employers to use criminal history.
SOUND THE ALARM!
If you’re a business owner that does business in America, you might be paying higher Federal Unemployment Tax Act (FUTA) taxes at year-end and might not even know it. Did you know
From the day we join the workforce, we are trained to think work means 8 hours a day, 5 days a week. This is especially true in California, which swoops in to reward employees with overtime pay when they work over 8 hours a day. You might be surprised, however, to learn that California allows for some flexibility. Instead of the normal 8 hour day, employers and their workers have the ability to implement an “Alternative Workweek Schedule,” which, if done right, lets employees work more than 8 hours per day, without daily overtime, while putting in fewer days of work per week.
While most employers now use computerized timekeeping and payroll systems, many “round” employees’ time, a practice originating in olden days when time and pay calculations were done by hand. But is this practice legal? According to a recent California Court of Appeal decision, See’s Candy Shops, Inc. v. Superior Court, 210 Cal. App. 4th 889 (2012), the answer is an emphatic (and delicious) “yes!” Well, sometimes.
The federal Equal Employment Opportunity Commission recently issued revised “Q&A” documents addressing how the Americans with Disabilities Act (ADA) applies to applicants and employees with four specific disabilities: