Resources

Governor Brown signed into law last year AB 469.  This is the Wage Protection Act of 2011.  It became effective on January 1, 2012. It requires that all employers provide each non-exempt employee at the time of hire with a written notice that contains specified information.  The Labor Commissioner has made a template for you to use.  There is a pdf version and a Word version.  The notice must contain these items:

• Rates of pay, including overtime rates and basis on which wages are calculated.

• The designated regular pay day.

• Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances.

• The name of the employer, including any “doing business as” names used.

• The physical address of the employer’s main office or principal place of business and, if different, a mailing address.

• The employer’s phone number.

• The name, address and phone number of the employer’s workers’ compensation carrier.

• Other information the Labor Commissioner deems material and necessary.

Any questions regarding this new Wage Theft Protection Act, contact ALB resources and we can help!

SB 299 went into effect on January 1, 2012.  SB 299 requires all employers with 5 or more employees to continue health coverage for female employees under a group plan during the length of Pregnancy Disability Leave (PDL).  PDL has a maximum of up to 4 months leave in a 12 month period. If the employee pays a copay, she will continue to pay the copay to the company during the PDL.  AB 592 also went into effect on January 1, 2012.  AB 592 makes it unlawful to interfere with a female taking pregnancy disability leave.  Pregnancy Disability Leave, Paid Family Leave, it is all so complicated!  Contact ALB resources and let us assist you in detangling the web of leaves! 

SB 459 was signed into law providing new penalties of between $5,000 - $25,000 for the "willful misclassification" of independent contractors.  If you are not clear whether a new hire is an employee or an independent contractor, please use the Independent Contractor Questionnaire below or contact ALB resources for a consultation.  We are here to help!

AB 22 takes effect in January 2012 and prohibits employers and prospective employers from obtaining and using consumer credit reports about applicants and employees.  The prohibition does not apply to "managerial positions".  Before you run a credit check be sure to contact a reputable companies who will go over all the rules and laws with you.  If you have any questions concerning credit checks, ALB resources is here to assist!

AB 887 was signed into law and took effect in January 2012.  It amends the definition of "gender" to include both gender identity and "gender expression".  It makes it clear that discrimination on either basis is prohibited.  Employees are allowed to dress consistent with their gender identity and gender expression.  Any questions regarding this law, ALB resources is here to help!

This question gets asked all the time.  Can I have volunteer interns?  Can I have unpaid interns? Can I pay them a stipend? The law in California is clear.  To have unpaid interns there is a six-point test that needs to be satisfied.  To give an intern a stipend it must be a nominal fee and not a wage.  An article in the Blue Avocado gives a good explanation.  If you have any questions, ALB resources is here to assist you!

Some helpful tips to help you so you don't make those employment law mistakes.

Resources

CompassPoint Nonprofit Services

CompassPoint Nonprofit Services is a consulting, research, and training organization providing nonprofits with management tools, strategies, and resources to lead change in their communities.

The Employment Development Department (EDD) oversees three departments: unemployment, disability insurance and paid family leave.  

Posters

Minimum Wage Poster Effective July 24, 2009

Download and print the current Federal minimum wage poster.

San Francisco Minimum Wage Poster Effective January 1, 2012

Download and print the current San Francisco minimum wage poster.

San Francisco Paid Sick Leave Ordinance Poster Effective February 5, 2007

Download and print the current San Francisco Paid Sick Leave poster.

Forms

For Employees

I-9 Form

All employees (citizens and noncitizens) hired after November 6, 1986, and working in the United States must complete Form I-9.  The purpose of this form is to document that each new employee is authorized to work in the United States.

W-4 Form

Form W-4 is used so that employers can withhold the correct federal income tax from employees pay. Consider having employees complete a new Form W-4 each year and when personal or financial situations change.

Federal law requires all employers to report all newly hired or rehired workers to EDD within 20 days of their start-of-work date. State and county agencies use this information to assist them in locating parents who are delinquent in their child support obligations.  An individual is considered a new hire on the first day in which he/she performs services for wages. An individual is considered a rehire if the employer/employee relationship has ended and the returning individual is required to submit a W-4 form to the employer.

Provides eligible workers partial wage replacement when taking time off work to care for parents, children, spouses, and registered domestic partners or to bond with a new minor child.

Family Medical Leave Act (FMLA) entitles employees who have worked 12 consecutive months and 1250 hours to take unpaid, job-protected leave for specific family and medical reasons with continued group health insurance coverage under the same terms and conditions as it the employee had not taken leave.  Employees are entitled to 12 workweeks of leave in a 12-month period for a birth, adoption, foster care of a child, to care for one's spouse, child, or parent with a serious health condition, to care for the employee's own health condition, any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty", or 26 workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness who is the spouse, son, daughter, parent, or next of kin to the employee (military caregiver leave). 

• Certification of Health Care Provider for Employee's Serious Health Condition WH-380-E
• WH-380-F Certification of Health Care Provider for Family Member’s Serious Health Condition
• WH-381 Notice of Eligibility and Rights & Responsibilities 
• WH-382 Designation Notice
• WH-384 Certification of Qualifying Exigency For Military Family Leave
• WH-385 Certification for Serious Injury or Illness of Covered Servicemember -- for Military Family Leave

For Independent Contractors

DE-542 Form

Any business or government entity that is required to file a Federal Form 1099-MISC for service performed by an independent contractor must file the Report of Independent Contractors (DE-542). You must report to the Employment Development Department within twenty (20) days of EITHER making payments of $600 or more OR entering into a contract for $600 or more with an independent contractor in any calendar year, whichever is earlier. This information is used to assist state and county agencies in locating parents who are delinquent in their child support obligations.

As an employer you are required to file an information return with the IRS and must use a W-9 form to obtain the independent contractor’s correct taxpayer identification number (TIN) to report income paid.

Independent Contractor Questionnaire

It is critical that you, the business owner, correctly determine whether the individuals providing services are employees or independent contractors. Generally, you must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee. You do not generally have to withhold or pay any taxes on payments to independent contractors. Businesses must weigh all these factors when determining whether a worker is an employee or independent contractor. Some factors may indicate that the worker is an employee, while other factors indicate that the worker is an independent contractor. There is no “magic” or set number of factors that “makes” the worker an employee or an independent contractor, and no one factor stands alone in making this determination.

The Occupational Safety and Health Association has a goal of preventing injuries and illnesses in the workplace.  Accurate injury and illness records will help achieve this goal.  All workplaces of 10 or more employees must fill out and post this log each year.

Employment Resources

Flu Season Resources

The flu season may be particularly disruptive this year. Find out what HR can and should do now to start preparing for the flu season, in order to keep your workforce safe and minimize disruption to your business operations.