Blog
WHAT’S NEW IN 2023
PANDEMIC LEGACY
California Governor Gavin Newsom will end the COVID-19 State of Emergency February 28, 2023.
Effective February 3, 2023, Cal/OSHA “non-emergency”/prevention regulations replaced the prior emergency temporary standards. They apply to most California workers not covered by the Aerosol Transmissible Diseases rules, to remain in effect for the next two years, the recordkeeping subsections for three years.
CAUTIONARY TALE EPISODE 63
EEOC Obtains $2 Million Settlement with McDonald’s Franchisees for Tolerating Sexual Harassment
SEXUAL HARASSMENT IS NO JOKE Arizona owners of 18 California, Arizona, and Nevada McDonald’s franchises have agreed with the federal Equal Employment Opportunity Commission (EEOC) to pay $1,997,500 to settle a sexual harassment lawsuit. The suit accused AMTCR California, LLC, AMTCR Nevada, Inc., and AMTCR, Inc. (AMTCR) of taking no action to stop known sexual harassment by employees, […]
MANDATORY NOTICES UPDATE
Workplaces Notices Must Be Current
California and the federal government require employers to distribute or post numerous notices on workplace laws and complaint procedures. The following mandatory state and federal notices have been updated effective January 1, 2023: California Minimum Wage (reflecting the $15.50 minimum wage increase); Family Care and Medical Leave and Pregnancy Disability Leave; Your Rights and Obligations […]
CAUTIONARY TALE EPISODE 62
Department of Labor $5.6 Million Judgment for Drivers Miscast as Independent Contractors
FEDS FED UP WITH TRUCKER MISCLASSIFICATION California is notorious for penalizing improper classification of employees as independents. Not to be outdone, the federal Department of Labor is also cracking down on employers who similarly miscast workers. Case in point is the “consent judgment”, i.e., court-filed settlement agreement, establishing that auto parts distributor Parts Authority Arizona LLC […]
BOUNDARIES, EXPLAINED
Mandatory Sexual Harassment Prevention Training
Every two years, employers with five or more on payroll must provide at least two hours of classroom or other effective interactive sexual harassment prevention training and education to all California supervisory employees and at least one hour of such training to all nonsupervisory employees working on-site or remotely within California. New employees must complete […]
CAUTIONARY TALE EPISODE 61
TAKE CARE WITH CAREGIVERS
Many in the home care industry mistakenly pay hired caregivers as independent contractors. Case in point: the Labor Commissioner has cited two related agencies, Angel Connection Nursing Care and Angel Connection Nursing Services of Long Beach – and their owners individually – $1.8 million for misclassifying 66 employees as independents. The state found the companies […]
EMPLOYER’S MANDATORY SHOW & TELL
New State Guidance on Pay Rate Transparency
Buried among previous online guidances on the California Equal Pay Act, the Labor Commissioner has issued FAQs to shed light on SB 1162, California’s new pay transparency (disclosure) law. Effective January 1, 2023, SB 1162, requires employers to provide pay rate information to applicants and employees, include pay rate information in advertising if a company […]
HANDBOOK HELPER EPISODE 18
Reporting Disputes and Open-Door Policy
HELP IS ON THE WAY Employers should provide employees with clear written instructions on how to report workplace-related difficulties, problems or confusions, such as regarding job performance, fair treatment under office policy, co-worker disputes, or any other work-related concern. Policy Drafting Tips: Instruct employees to submit a written report to human resources, the employee’s supervisor, […]
NEW YEAR, OLD STORY
Litigation, Love It but Not Too Much
[We start another calendar year of assisting employers in the courts. With slight adjustments, I again offer this 2022 piece, originally titled “The Game.” New year, time-worn realities.] After compliments for our preparations in a trial last year, the thus-appreciated judge then declined my pitch to place his views on our firm’s Yelp page. Nice […]
ROAD BILL
Three Cents Increase, Annual IRS Standard Mileage Rate
Asphalt Payback The Internal Revenue Service has announced its 2023 optional standard mileage reimbursement rate for employee business use of a personal vehicle, effective January 1, 2023, up from the mid-year increase of 62.5 to 65.5 cents/mile. These rates apply to electric and hybrid-electric automobiles, as well as gasoline and diesel-powered vehicles. These standard business mileage rates stem from […]