HR Counselor's Corner

OCTOBER 4, 2023

Here are the facts … The Proposal On August 30, 2023, the Department of Labor (DOL) issued a Notice Of Proposed Rulemaking that would raise the minimum salary floor required to qualify for the overtime exemptions for executive, administrative, and professional workers under the FLSA. Feel free to call our HR Helpline at 855-873-0374.

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HRWatchdog

JANUARY 31, 2023

Equal Employment Opportunity Commission (EEOC), which enforces federal anti-discrimination laws in the workplace, has released a proposed strategic enforcement plan for fiscal years 2023 through 2027 for public comment. The EEOC’s proposed strategic enforcement plan is open for public comment through February 9, 2023. Not a member?

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Planning Tools Hiring Software Recruiting Software Discrimination 83

HRWatchdog

DECEMBER 20, 2022

The federal National Labor Relations Act (NLRA) protects employees’ rights to engage in “concerted activities” with each other towards improving working conditions — a common example is to demand higher wages. Keep in mind — this is just a proposal, any changes in the law would have to derive from actual cases brought before the NLRB.

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HR Software Employment Law Metrics Compliance 77

HRWatchdog

FEBRUARY 16, 2023

Since its passage in 2019, the California Chamber of Commerce and others have challenged the law, which resulted in it initially being invalidated at the trial court level before being reinstated at the Ninth Circuit Court of Appeals, and most recently had been left in limbo after the Ninth Circuit withdrew its initial opinion. Not a member?

Employment Law 82

Employment Law Discrimination Policies Compliance Training 82

HRWatchdog

JULY 7, 2023

The regulations highlight that “weeks” under these laws means the employee’s regular workweek. Department of Labor (DOL) reinforced this position in a recent opinion letter responding to a question whether we should consider the workweek in which a holiday falls to be a shortened workweek for intermittent tracking. Not a member?

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Wage and Hour Training How To Employment Law Workday 80

HRWatchdog

DECEMBER 1, 2021

The risk in allowing employees to use PSL for anything other than its intended purpose (such as illness or medical appointments) lies in the way California law draws the distinction between vested and unvested time-off benefits. Under California law, PSL is not a vested benefit because it is tied to being used for specific purposes.

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Retirement Examples ATS Policies 94

HRWatchdog

FEBRUARY 15, 2023

Superior Court , which held that as long as an employer’s timekeeping was neutral both in policy and practice, the rounding practice was lawful. Roberts, Labor Law Helpline Manager, Employment Law Counsel/Subject Matter Expert CalChamber members can read more about Camp v. Starbuck s and Donohue v.

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Policies Employment Law Compensation Immedis 77

HRWatchdog

SEPTEMBER 20, 2022

Good news — you’re not the only one, as a Ninth Circuit panel voted to withdraw their original ruling on AB 51 and prepares to rehear arguments, leaving the law unresolved. Supreme Court cases where state legislatures passed “workaround” laws that didn’t directly impact arbitration agreement enforcement.

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Employment Law ATS Policies 81

HRWatchdog

APRIL 10, 2023

In this episode of The Workplace podcast, CalChamber employment law experts Matthew Roberts and Ellen Savage discuss how to properly classify employees as either exempt or nonexempt for wage and hour purposes — a top source of litigation between employees and employers. Under federal law, employers must look at the employee’s “primary duties.”

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Employment Law Hiring Meeting Report 89

HRWatchdog

OCTOBER 1, 2022

On September 29, 2022, Governor Gavin Newsom signed AB 152 into law. The California Division of Labor Standards Enforcement (DLSE) keeps an updated guidance resource for employers with further FAQs about administering SPSL. Roberts, Labor Law Helpline Manager, Employment Law Counsel/Subject Matter Expert.

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HRWatchdog

DECEMBER 9, 2022

California law requires employers to provide paid net 10-minute rest breaks for every four hours (or major fraction thereof) that a nonexempt employee works. In practice, this means that employers should still “police” rest breaks in such a way as to be able to demonstrate to the government that the employer complied with the law.

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HR Software Policies Compliance Employment Law 87

HRWatchdog

NOVEMBER 24, 2021

The work classification referenced above is not a law; it is just a recommendation. For more information, CalChamber Preferred and Executive members can submit a question to CalChamber’s Labor Law Helpline. I saw that under work classifications, a temp’s time can be extended for one additional nine-day period.

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Sexual Harassment Harassment Time and Attendance Payroll 99

HRWatchdog

DECEMBER 16, 2022

Under the Federal Labor Standards Act (FLSA) and Nevada law, Cadena brought a class action lawsuit against Customer Connexx alleging that she and other similarly situated employees should be compensated for that time spent waiting for their computer to boot up and launch the timekeeping system allowing them to clock in. Not a member?

Compensation 74

Compensation HR Software Software Employment Law 74

HRWatchdog

JULY 12, 2023

For businesses with California employees, potential expense reimbursements are due under California Labor Code section 2802, which requires employers to reimburse employees for all necessary expenses or losses incurred in the discharge of their duties or at the direction of their employer. Thai appealed. Not a member?

ATS 71

ATS Compliance Training Employment Law Training 71

HRWatchdog

APRIL 4, 2022

Calls to the CalChamber Labor Law Helpline in recent months more often than not involve situations with very short-term employees. It is not uncommon to lack motivation, have trouble sleeping or concentrating and to feel tired, overwhelmed, burned out, sad and even depressed. Short-Term Employees.

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Certification Immedis How To ATS 89

HRWatchdog

MARCH 8, 2022

If your employee’s current base period wages were negatively affected by military service, a workers’ compensation injury, a trade dispute, or long-term unemployment, California law allows her to ask EDD to recalculate using a special base period that might provide higher benefits. Ellen Savage, HR Adviser, CalChamber.

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HRWatchdog

JUNE 26, 2023

Roberts, Labor Law Helpline Manager, Employment Law Counsel/Subject Matter Expert CalChamber members can read more about “Arbitration Agreements” in Offering Employment in the HR Library. Employers who wish to take advantage of the favorable arbitration environment should consult with legal counsel to discuss the process.

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HR Software Employment Law Compliance Training Policies 79

HRWatchdog

FEBRUARY 28, 2022

For more information, CalChamber Preferred and Executive members can submit a question to CalChamber’s Labor Law Helpline. In these circumstances, particularly for a longtime employee, it’s advisable to seek legal counsel before taking action. Dana Leisinger, HR adviser, CalChamber. Not a member?

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Guidelines Compensation Discrimination 81

HRWatchdog

JUNE 17, 2022

CalChamber members will be able to read more about the FAQs that the CalChamber Helpline has been receiving about the CalSavers program in the June 23, 2022, HRCalifornia Extra biweekly e-newsletter reporting on the latest labor laws and how they can affect your company. Katie Culliton, Editor, CalChamber. Not a member?

Retirement 79

Retirement Payroll Report Resources 79

HRWatchdog

APRIL 12, 2023

The SCO’s interpretation of the law is accurate — employers that would be exposed to liability for violating the law to effectuate a religious accommodation are excused from providing that accommodation because it is an “undue hardship.” Not a member? Learn more about how HRCalifornia can help you.

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Discrimination Employment Law Compliance Hiring 82

HRWatchdog

FEBRUARY 1, 2022

As Labor Code Section 6409.6 (a)(1) For more information on this requirement, see the California Department of Public Health memo: “ Employer Questions about AB 685, California’s New COVID-19 Law.”. For general questions, you may call the CalChamber Labor Law Helpline. Notify your workers’ compensation carrier.

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HRWatchdog

JULY 7, 2023

Labeled a job killer by the CalChamber, this bill amends California’s mandatory paid sick leave law. This year, Senator Lena Gonzalez (unrelated to Lorena), introduced SB 616, which more than doubles the number of paid sick leave days under the law, from three to seven, Micheli explains.

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Employment Law Guidelines Policies Examples 59

HRWatchdog

AUGUST 22, 2023

This means that it can bear the legal costs of ensuring its narrowly tailored work complies with the law. These statutory and policy considerations taken together with an examination of similar cases in federal law led the California Supreme Court to find third-party business agents of employers directly liable for FEHA violations.

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Screening Discrimination Groups Employment Law 86

HRWatchdog

MAY 4, 2022

Labor Code. Under California Labor Code Section 2802 , employees are entitled to be reimbursed by their employers “for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer.” Remote work is not going away.

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Policies Planning Tools HR Software Handbook 70

HRWatchdog

APRIL 27, 2020

The California Chamber of Commerce Labor Law Helpline has received the following questions about the new Form I-9 : Do all my employees have to fill out the new form? For answers to other questions you may have, please see the Handbook for Employers M-274 , or contact the CalChamber Labor Law Helpline.

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Handbook Video Recruiting Hiring Report 71

HRWatchdog

SEPTEMBER 16, 2022

For an employer to even conduct the background check under California’s “ban-the-box” law, the employer must first provide the applicant with a conditional job offer. Roberts, Labor Law Helpline Manager, Employment Law Counsel/Subject Matter Expert. Not a member? See how CalChamber can help you.

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Background screening Employment Law Report Compliance 73

HRWatchdog

DECEMBER 22, 2021

In this episode of The Workplace podcast, CalChamber employment law experts Matthew Roberts and Bianca Saad discuss California holiday wage and hour issues, including holiday pay, policy best practices, employees calling out sick, and handling vacation requests. But this isn’t required under California law and is up to the employer’s policy.

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Policies Employment Law Discrimination Examples 74

HRWatchdog

NOVEMBER 10, 2021

All employees must complete an Form I-9 if they were hired on or after November 6, 1986, the date that the I-9 law went into effect. If documents have not been provided, you will not be able to certify the Form I-9 , and there is no grace period in the law. Consult the Table of Contents for the section on Retaining Form I-9.

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Hiring Software Handbook HR Software Hiring 80

HRWatchdog

MARCH 15, 2022

For more information, CalChamber Preferred and Executive members can submit a question to CalChamber’s Labor Law Helpline. Because of the risk posed by video recordings in the workplace, it is best to consult legal counsel before taking any action. Sharon Novak, HR Adviser, HR California. Not a member?

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Handbook Policies Discrimination Examples 77

HRWatchdog

FEBRUARY 7, 2018

CalChamber’s employment law experts (your personal HR trainers) explain and provide compliance information for these core fundamentals: Register Now! Named vice president of legal affairs in 2009, she is CalChamber’s subject matter expert on California and federal employment law. McGeorge School of Law. Registration.

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Wage and Hour Training Harassment Background screening Employment Law 41

HRWatchdog

DECEMBER 17, 2019

We may be overwhelmed with all the new employment-related laws coming January 1, but here are a few light-hearted (and downright wacky) employment law stories and cases that caught our attention this year. Let’s take a moment to remember the oftentimes hilarious human element of employment law is still very much alive.

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Employment Law Meeting Immedis Hiring 53

HRWatchdog

FEBRUARY 21, 2020

per year (Preferred and Executive members receive their 20 percent discount), the CEU contains expert insight from CalChamber’s own employment law counsel and Labor Law Helpline consultants. For $99.99 The post Simplified H-1B Visa Application Process Starts March 1 appeared first on HRWatchdog by Jessica Mulholland.

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HR Counselor's Corner

JANUARY 24, 2024

Further, an employee may choose whether to use leave provided under the Act prior to using any other leave provided by the employer or pursuant to state law. The Illinois Department of Labor and Industry offers free, downloadable workplace posters in English, Spanish, and Polish. Feel free to call our HR Helpline at 855-873-0374.

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HR Planning Policies Handbook Retirement 52

HRWatchdog

APRIL 12, 2019

Opioid use has become a public health crisis; questions like this are asked periodically on the CalChamber Labor Law Helpline. Questions like the one above are asked at the Labor Law Helpline periodically, and probably will be asked more. Do I have to honor that request? Staff Contact: Dana Leisinger.

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Certification Immedis Wellness ATS 42

HRWatchdog

JULY 8, 2020

A recent California Court of Appeal decision gives employers some guidance on these policies — it held that an employer’s supposed “unlimited” vacation policy wasn’t unlimited; it actually had an implied cap, and the employer violated the Labor Code when it failed to pay out the unused vacation. under normal accrual vacation policies.

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Policies Employment Law System Wellness 59

HRWatchdog

FEBRUARY 14, 2017

Running a small business is tough, and managing your compliance with California and federal employment laws isn’t always easy. Just ask the businesses who thought they were following the law until faced with costly fines and penalties for breaking California labor and employment laws. There’s a lot to know.

Employment Law 44

Employment Law Compliance Compliance Training 44

HRWatchdog

OCTOBER 7, 2020

How do the federal COVID-19 leave laws adopted this year interact with related state laws, including pregnancy leave, the family rights act and baby bonding time for a married couple at our business? Let’s dive into a recent question the CalChamber Labor Law Helpline received to review leave interactions. “We

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Employment Law Meeting Wellness ATS 53