As of January 1, 2013, several new laws went into effect that impact employers. At the very least, your employee handbook should be reviewed and updated. Following are some examples of the new and changed rules that affect most businesses:
1. Meal and Rest Periods, Following a California Supreme Court decision last April, employers should re-examine their meal and rest period policies. Make sure employees are able to take a full 30 minute (unpaid) meal break and two 10 minute (paid) rest breaks. The first meal break should come before the end of the fifth hour of the workday, with a second one if the day is longer than 10 hours. Know when exceptions apply. Record employees' time out and in for meal breaks and if possible, rest breaks.
2. Social Media, As of Jan. 1, employers can't demand access to an employee's Facebook, LinkedIn, or other social media account. More and more employees use social media for work. If they leave, who owns that account?
3. Religious Dress, California's Fair Employment & Housing Act now protects "religious dress and grooming practices," including face and head coverings, clothing, jewelry, hair, almost any item that is part of the employee's "observance of religious creed." The employer can't "hide" an employee in the back room due to a religious dress or grooming practice.
4. Breastfeeding, Discrimination due to breastfeeding is now a separate and distinct violation of state law.
5. Secure Choice Retirement Savings, A new law creates a state-run retirement plan for private employees. Employers must offer employees a chance to contribute unless the employee opts out.
6. Commission Pay Contracts, Know which commission pay agreements must be in writing, under Labor Code section 2751 and which need not.
7. Chargebacks, A recent court opinion okays chargebacks against an advanced commissions if the sale is canceled months later. All such plans should be clearly documented and signed by the employee.
8. Outsource Labor Liability, Careful who you contract with. If you hire an outside contractor for services like construction, janitorial, security guards, or warehousing, you could be liable to the contractor's employees if they are underpaid. Learn how to minimize your risk.
9. Independent Contractors, An employer could be fined $5,000 or more for each "employee" who is misclassified as an independent contractor. Look at all independent contractor relationships with suspicion and if appropriate, get legal advice.
10. Salaried but Not Exempt?, Just because you pay someone a salary doesn't make him/her exempt from overtime.
But now, if you make a mistake, it could be a misdemeanor and cost a bundle to fix. Make sure all salary classifications are well-founded.
11. Wage Garnishment minimum, Starting July 1, 2013, no wage garnishment is permitted to put the employee's net pay below the minimum wage. Future garnishment orders should have new instructions; your payroll employees should be trained to do it right.
12. Arbitration agreements, Based on recent court decisions, an arbitration agreement should be a separate paper. If you use a particular set of rules, give them to the employee.
13. "Labor Protections" are not just for unions any more, The National Labor Relations Act protects employees who talk to each other and complain to management about wages and working conditions.
The National Labor Relations Board (NLRB) is taking more action against non-union employers for what they see as violations, including written policies in your employee handbook. Know where the traps are.
For more information and helpful hints, plan to attend the workshop on February Thursday, Feb. 28 from 9:30-11:30 a.m. at the Carlsbad Chamber of Commerce.
1. Meal and Rest Periods, Following a California Supreme Court decision last April, employers should re-examine their meal and rest period policies. Make sure employees are able to take a full 30 minute (unpaid) meal break and two 10 minute (paid) rest breaks. The first meal break should come before the end of the fifth hour of the workday, with a second one if the day is longer than 10 hours. Know when exceptions apply. Record employees' time out and in for meal breaks and if possible, rest breaks.
2. Social Media, As of Jan. 1, employers can't demand access to an employee's Facebook, LinkedIn, or other social media account. More and more employees use social media for work. If they leave, who owns that account?
3. Religious Dress, California's Fair Employment & Housing Act now protects "religious dress and grooming practices," including face and head coverings, clothing, jewelry, hair, almost any item that is part of the employee's "observance of religious creed." The employer can't "hide" an employee in the back room due to a religious dress or grooming practice.
4. Breastfeeding, Discrimination due to breastfeeding is now a separate and distinct violation of state law.
5. Secure Choice Retirement Savings, A new law creates a state-run retirement plan for private employees. Employers must offer employees a chance to contribute unless the employee opts out.
6. Commission Pay Contracts, Know which commission pay agreements must be in writing, under Labor Code section 2751 and which need not.
7. Chargebacks, A recent court opinion okays chargebacks against an advanced commissions if the sale is canceled months later. All such plans should be clearly documented and signed by the employee.
8. Outsource Labor Liability, Careful who you contract with. If you hire an outside contractor for services like construction, janitorial, security guards, or warehousing, you could be liable to the contractor's employees if they are underpaid. Learn how to minimize your risk.
9. Independent Contractors, An employer could be fined $5,000 or more for each "employee" who is misclassified as an independent contractor. Look at all independent contractor relationships with suspicion and if appropriate, get legal advice.
10. Salaried but Not Exempt?, Just because you pay someone a salary doesn't make him/her exempt from overtime.
But now, if you make a mistake, it could be a misdemeanor and cost a bundle to fix. Make sure all salary classifications are well-founded.
11. Wage Garnishment minimum, Starting July 1, 2013, no wage garnishment is permitted to put the employee's net pay below the minimum wage. Future garnishment orders should have new instructions; your payroll employees should be trained to do it right.
12. Arbitration agreements, Based on recent court decisions, an arbitration agreement should be a separate paper. If you use a particular set of rules, give them to the employee.
13. "Labor Protections" are not just for unions any more, The National Labor Relations Act protects employees who talk to each other and complain to management about wages and working conditions.
The National Labor Relations Board (NLRB) is taking more action against non-union employers for what they see as violations, including written policies in your employee handbook. Know where the traps are.
For more information and helpful hints, plan to attend the workshop on February Thursday, Feb. 28 from 9:30-11:30 a.m. at the Carlsbad Chamber of Commerce.