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Each employee’s medical related information must be kept in a separate and confidential medical file apart from the personnel file. This includes doctor’s release notes, insurance applications with medical history, and leave of absence requests with medical related information noted.
COBRA participants should be offered the same benefit plan choices as active employees during open enrollment. This includes any new health and welfare plans and new rates. Include COBRA participants in your annual benefit open enrollment communications.
As of January 1, 2024, the California state minimum wage is $16.00 per hour for all employers. Be sure to check that your exempt employees are earning at least two times the monthly state minimum wage for a full time employee ( e.g., $66,560 annually for employers with 26 or more employees) in order to meet the exempt salary test. Your industry or city may have a higher minimum wage.
Allowable employee workplace appearance and attire may be outlined by the employer in a dress code policy, including tattoos and piercings. A word of caution is necessary if the employee’s appearance is based on religious beliefs.
There are 17 Industrial Wage Orders which apply to California employers. Ensure yours is specific to your business and is posted for your employees to read.
California employers are required to pay all accrued and unused vacation hours on the terminated employee’s final paycheck.
Rest breaks for non-exempt employees must be not less than 10 consecutive minutes for each 4 hours worked and scheduled as close to the middle of the work period as possible. Meal periods and rest breaks may not be combined, taken at the end of the day for early departure, or be allowed for late arrivals.
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.
A “salaried” employee is not necessarily exempt from overtime. Ensure your employees are classified correctly as required in state and federal wage and hour laws.
California employers are not required to give vacation or holidays to employees. However, there may be laws around each benefit once they are granted.
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PAGA Reform Incentivizes Employers Who Are Proactive
By Jennifer L. Lippi, JD, SPHR, PHRca In 2004, the California legislature enacted the Private Attorneys General Act (“PAGA”), which allows private employees to collect civil penalties for alleged labor code violations on behalf of the state. Fast forward 20 years,...
Autumn Brings Changes for California Employers (again!)
By Kate Kriner, PHRca As we eagerly await the changing colors of the leaves and that crispness to the air, we are reminded that the autumnal season of change extends beyond the falling leaves. With the approach of the New Year, California is set to usher in a fresh...
California Supreme Court Clarifies the Single Use of a Racial Slur Can Support a Harassment Claim
By Jennifer Lippi, JD, SPHR, PHRca Under the California Fair Employment and Housing Act (‘FEHA”), unlawful harassment is “unwanted and unwelcome” conduct based on a protected characteristic. The conduct must be so “severe and pervasive” that it alters the terms and...
Paid Family Leave Grant Program
By Laurie Nooren, SPHR, PHRca, SHRM-CP California’s Paid Family Leave Insurance program (“PFLI”), administered by the California Employment Development Department (“EDD”), is a wage replacement program much like State Disability Insurance (“SDI”). This program allows...
Supporting Employee Well-Being
By Kate Kriner, PHRca We are all aware of the myriad of daily obstacles our employees face. These obstacles include family members falling ill, children having special needs, and, of course, personal health issues or stress, which can affect their mental well-being...
California Supreme Court Clarifies the Boundaries of “Hours Worked”
By Jennifer Lippi, JD, SPHR, PHRca In March of this year, the Supreme Court of California in Huerta v. CSI Electrical Contractors clarified when an employer’s control over an employee’s activities constitutes ‘hours worked.” The court addressed three main questions...
Los Angeles Further Restricts Background Checking in Employment
By Laurie Nooren, SPHR, PHRca, SHRM-CP In California, employers can no longer ask applicants about their criminal history before a conditional offer of employment is made. We hope this isn’t news to you. Employers in unincorporated areas of Los Angeles County with...
Expanded Protections for Pregnant Workers Under the Pregnant Workers Fairness Act
By Laurie Nooren, SPHR, PHRca, SHRM-CP If you’ve ever had a pregnant employee, you know California’s Pregnancy Disability Leave (PDL) law has long established robust protections for pregnant employees and pregnancy-related conditions. However, recent developments at...
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...
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...
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...
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:...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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. ...
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...
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...
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...
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...
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...
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...
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...
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...
(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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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 ...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
¿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...
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,...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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,...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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...
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K.D., Owner of high tech business in Sacramento, CA
I love calling Silvers HR because I know I’m going to get a direct answer about HR issues and not a lot of legal garble. They just ‘get to it’- so I can get back to business.
M. O., V. P. of Sales and Marketing residential builder, Roseville, CA
During a series of management training classes for our team Kim used a mixture of new material, hands-on exercises and group interaction that got everyone participating, even the more senior experienced ‘I-don’t-need-this-training’ types. Her presentations are interesting, challenging and full of pertinent examples and wit.
R.O., CEO of telcom company in Rocklin, CA
Silvers HR made a clear and positive impact to our bottom line. Now here’s a contribution we can measure.
T. A., President of propane company, Manteca, CA
Silvers HR understands the needs of a business owner and looks for options and solutions to help us meet our business priorities while complying with California employment laws. We consider Silvers HR our trusted HR partner.
Silvers HR is a Sacramento based Human Resources Management company specializing in HR policy development, management training, employee assessments, compensation and benefit program design, employee attraction and retention programs, and performance management programs. For companies looking to outsource their Human Resources department, we offer all the services but none of the overhead of hiring a full-time Human Resources employee. Silvers HR - California HR Services and Consulting.
