Blog
WHAT’S NEW IN 2024
ADD THEM TO THE PILE
Yet More Federal Criteria For Independent Contractors
California’s statutory “ABC test” for classifying workers as independent contractors (I/Cs) – enacted in 2019 — is among the most restrictive in the nation
LEARN THE FACTS
Mandatory Sexual Harassment Prevention Training
Knowing the state and federal laws can save much grief and also bring out about greater understanding in the workplace.
Service Offering
WORKPLACE PEACE OF MIND
“And How His Audit Stands, Who Knows, Save Heaven”~ William Shakespeare
We, however, suggest management not leave it to the gods (understatement). Prevention being nine-tenths of the law, if not more, best practice is a regular, thorough audit of company wage, hour and documentation practices before any class action attorney comes knocking with real or imagined employee grievances and millions in potential damages.
WHAT’S NEW IN 2024
EXPANDED PAID SICK LEAVE REQUIREMENTS
State Clarifies Benefits for Part-Timers
Under the January 1, 2024 version of California’s employer-provided paid sick leave Healthy Workplaces, Healthy Families Act of 2014 (Act), employers may opt to provide the benefit either in an up-front lump sum for eligible employees to use during the 12-month eligibility year (the “advance method”) or via accrual over time (the “accrual method”).
THE GAME
Loving Litigation, But Not Too Much
After complimenting our preparations in a recent trial, the thus-appreciated judge then declined my pitch to place his views on our firm’s Yelp page. Nice try counsel.
WORKPLACE VIOLENCE PREVENTION PLANS
July 1, 2024 Implementation Deadline, Resources Available
As previously reported, effective July 1, 2024, most California employers must implement and maintain an effective workplace violence prevention plan (the Plan); training materials; and a violence incident log.
FREEDOM BETWEEN THE LINES
Workplace Policy Handbook & Forms for 2024
We have seen it way too many times. Personnel management without Labor Code-compliant policy poses a special kind of chaos, setting up the business for expensive and potentially back-breaking litigation.
There is freedom in simplicity: the clear written workplace guidelines presented in our newly updated model employee handbook and forms.
PAYROLL DATA REPORTING
May 8, 2024 Deadline For Companies with 100+ on Payroll
Last year we wrote about new California Civil Rights Department (CRD) annual reporting requirements for larger employers, breaking down annual pay and hours-worked data by job category, sex, race, and ethnicity. See What’s New In 2023:Reporting Payroll Profiles: Deadline is May 10, 2023 (April 6, 2023). The next required report is due on May 8, 2024.
Businesses with 100 or more employees (defined to include labor contractors), with at least one in California, must file annually with the CRD in addition to any required “EEO-1” report with the federal Equal Employment Opportunity Commission. For each employee, the state’s report must include 2023 work location (including remote), job category, sex, race/ethnicity, pay and hours worked.
STAKE YOUR MARK
Trademark Assistance to Protect Your Brand
Businesses must protect their service and product brands from those who may seek, intentionally or unknowingly, to trade on the goodwill of those brands.
Choosing and registering a strong trademark is a powerful protective action. As a shield against unauthorized use, a registered mark is among the most valuable assets of an enterprise.
Not all chosen trademarks can be registered. Some marks are too generic or descriptive of products or services, diminishing the owner’s ability to prevent others from using them. A trademark attorney can help choose a mark the US Patent and Trademark Office (USPTO) is likely to accept for registration.
CALIFORNIA INVESTS $18 MILLION TO PROSECUTE WAGE THEFT
California Penal Code section 487m criminalizes intentional Labor Code violations – such as failing to timely pay all required wages (e.g., minimum wage, overtime, premium pay for missed breaks), requiring off-the-clock work, or taking workers’ tips — as felony grand theft if the underpaid wages exceed $950. For this section, “employee” includes an independent contractor and “employer” includes the hiring entity of an independent contractor. Conviction can result in a jail sentence of up to three years.