CalSavers – California’s Mandatory Retirement Program

REMINDER TO EMPLOYERS: Back in 2016, California passed legislation that created a state-run retirement program. The program later became known as CalSavers. In order to comply with California’s law, employers have two options: Employers may sponsor their own retirement programs, such as a 401(k). Otherwise, Employers are required to participate in CalSavers, California’s state-run retirement…

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Ninth Circuit – Background Check Decision

If you do not use some type of background check, you are exposing yourself to a potential negligent hiring claim, theft, workplace violence, or drug abuse. But doing it wrong could get you in a world of trouble. The Fair Credit Reporting Act requires employers who obtain a consumer report on a job applicant to…

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New FEHA Regulations

California Enacts New FEHA Regulations for Pre-Employment Practices Starting on July 1, 2020, FEHA (Fair Employment and Housing Act) regulations will specify what pre-employment practices (i.e. pre-employment inquiries, job applications, and advertisements) constitute age, disability, medical condition, and religious discrimination.  Pre-Employment Inquiries and Job Applications Employers cannot request scheduling information to ascertain an applicants religious…

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COVID – 19 Updates for Employers

Self-Certification Leave Request When an employee requests for emergency paid sick leave or emergency family and medical leave, you should require them to complete a form detailing their eligibility. Additionally, Employers may also require their Employees to use any existing PTO to supplement their emergency family and medical leave. PPP – Notice of Reinstatement For…

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New Guidance – FFCRA Exemption

The Dept. of Labor has provided new guidance for those planning to apply for the FFCRA exemption: To elect for this small business exemption, you should document why your business with fewer than 50 employees meets the criteria set forth by the Department. This will be addressed in more detail in forthcoming regulations. You should…

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COVID-19 Epidemic – How It Impacts You (Part 2)

Question: If I cease operations, what happens to my employees You have two options: (1) Layoff your employees or (2) Furlough your employees Laying Off Employees Going this route, you are essentially terminating your employees with the possibility of later reinstating them. Make sure to pay your employees for all hours worked and any vacation/paid-time…

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Kim V Reins International California, INC – A Devastating Blow to Employers

The Court held that an employee’s individual settlement does not stop the individual from filing a PAGA lawsuit.  Due to the decision in Kim, Plaintiffs’ lawyers will be bringing many more frivolous PAGA suits, even after the “aggrieved employee” has been individually compensated. NOTICE: Attorney advertising; Attorney licensed to practice law in California only; Not…

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Employee V. Independent Contractor

What is the ”ABC” Test?  3 steps in determining if a worker in CA should be classified as an independent contractor for wage order purposes are:  (A) Worker is free from control & direction of hiring entity in connection with the performance of the work;and  (B) Worker performs work that is outside the usual course of…

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