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Cal/OSHA March Compliance Obligation Looms!

27 Feb

2019 Fed OSHA Filing Obligation Looms

Employer’s compliance deadline to electronically
submit OSHA Form 300A data is March 2, 2019.
CalWorkSafety’s consultants stand ready to assist with your company’s Record Keeping & Notice to Cal/OSHA compliance reports … both are Federal OSHA obligations.

CalWorkSafety, LLC Consultants Assist
You In Preparing for OSHA Compliance
To Prevent Citations & Fines Amounting to $12,000+
We Visit Your Operation …
Audit Your OSHA Injury Records …
Roll It into Your Retainer Agreement with Us!

To Schedule Your OSHA Records Audit
email: dondressler1@hotmail.com
http://www.calworksafety.com

California Regulation Stipulates – All Time Worked Must Be Paid, Even If It’s Only Minutes

23 Jan

jan-19-header

Situation: Our nonexempt employees answer texts and calls after-hours.
Question: Is this ‘work time’ and how much would we pay for a 5-minute call?

Yes, in most instances, answering short calls, texts, and emails would meet
the definition of hours worked found in the Industrial Welfare Commission
Orders, Section 2:

“Hours worked” means the time during which an employee is
subject to the control of an employer, and includes all the time
the employee is suffered or permitted to work, whether or not
required to do so.”

De Minimis Time

These small increments of time are difficult to track and frequently are disregarded as “de minimis” time that is insignificant. In fact, the federal Fair Labor Standards Act allows employers to disregard small amounts of time as de minimis time. Disregarding these small increments is no longer advisable in California.

California Law

In 2018 the California Supreme Court held that the de minimis rule has not been adopted by California laws. According to the court, don’t allow employees to routinely work for minutes off the clock without being paid-because California labor laws require pay for “all hours worked.”

Even when the time is hard to track, time records should reflect all time worked, including any time worked after an employee’s regular hours. Develop a policy advising employees how to report all off-the-clock work time.

When it is not necessary that employees answer after-hours calls, employers may prohibit employees from working off the clock. Have a clear policy advising employees not to make calls or respond to any inquiries or to perform any off-the-clock work. It is good practice to train managers to refrain from contacting employees before or after their shift. Managers also should review time records and confirm that employees are following the policy. When employees happen to work in violation of your policy, be sure to pay for the time. Disciplinary action is an option.

Are your supervisors and managers aware of important employment laws such as recording and paying for all work time? Have you trained them recently?

CalWorkSafety, LLC has the experienced training and human
resources personnel to help you develop the leadership,
management and supervisory skills to help you comply
with the law and enhance employee productivity.

The Bottom Line:
This New Law Isn’t Optional!
The CalWorkSafety team offers effective
hands-on support to Employers dealing with
2019 Important New Regulations.
To learn more email: dondressler1@hotmail.com
Call: 949-533-3742

OSHA Deadline for Employers to Submit 2017 Injuries Form 300A Online Is December 31, 2018

21 Dec

Dec2-Deadline to File Form 300A.PNG

With the Adoption of the Emergency Amendments
First Submission Deadline of Form 300A for certain required Employers Must Be Filed At The End Of 2018

The Office of Administrative Law (OAL) recently approved the Department of Industrial Relations’ Division of Occupational Safety and Health’s (the Division) proposed emergency amendments to sections 14300.35 and 14300.41 of Title 8 of the California Code of Regulations. These amendments require specific California employers to submit electronically certain occupational injury and illness informationto the federal Occupational Safety and Health Administration (OSHA). The first submission is due by December 31, 2018 for 2017 injuries.
Under the approved amendments, certain employers must submit Form 300A, Annual Summary of Work-Related Injuries and Illnesses covering calendar year 2017 by December 31, 2018 if it has not already been submitted.

The Following Employers Are Affected by Deadline:
  • Employers with 250 or more employees per establishment must electronically submit their 2017 Form 300A, unless exempted by Title 8 California Code of Regulations Section 14300.2.
  • Employers with 20 to 249 employees in the specific industries listed in Appendix H of the emergency regulations. You can find the specific industries HERE:
  • This list includes construction, manufacturing, residential care facilities, warehouses, food stores, and many others.
All these employers must submit injury and illness data to the  Federal OSHA Injury Tracking Application (ITA) online portal, which includes job aids to support users through the submission process.

The information must be submitted on or before December 31, 2018, and then by March 2, 2019 for the 2018 Form 300A.

This New Law Isn’t Optional!
The CalWorkSafety team offers effective
hands-on support to Employers dealing with
2019 On-Line Forms Submissions.
To learn more email: dondressler1@hotmail.com
Call:  949-533-3742

Social Security Administration’s No-Match Letters Are Coming In 2019

20 Dec

Dec-BotLine-No-Match Letters in 2019

Starting in Spring 2019, Notices Regarding 2018 W-2’s Will Be Sent – Unlike Prior Letters, These WILL NOT BE Informational, But Informs Employers That Corrections Are Necessary

Impact:
2018 W-2 Forms Notifications Tell Employers That Corrections Are Mandatory

The Social Security Administration (SSA) has begun notifying employers that the information reported on an individual employee’s W-2 form does not match the SSA’s records with “Request for Employer Information” letters, known as “No-Match” letters.

“No-Match” Letters Are Back!

In July 2018, SSA re-started the practice by sending “Informational Notifications” to employers and third-party providers telling them of mis-matches on their 2017 Forms W-2 and explaining where to find helpful resources. The plan is to send 225,000 of these notices every two weeks.

A mis-match does not necessarily mean that there is any wrongdoing; it can be caused by an administrative error: numbers can be reversed, names might be misspelled or changed, for instance, due to marriage. But once a letter is received, in determining how to respond, employers find themselves caught between agencies.

SSA wants to maintain accurate earnings records. ICE wants to ensure compliance with employment verification laws. And the Immigrant and Employee Rights Section of the Department of Justice (IER) wants to ensure that employers are not discriminating on the basis of citizenship, nationality or by pursuing unfair documentary practices in violation of the INA.

What Employers Can Do

  1. Don’t take any adverse action against an employee based on a No-Match letter alone.
  2. Compare the SSA information with the individual’s employment records.
  3. If the employer’s records match, ask the employee to check the name and number on his or her Social Security card.
  4. If there is a mistake on the card or the card needs to be changed or corrected, ask the employee to reach out to SSA to resolve the issue.

For specifics in your city, CLICK HERE to view a valuable “Wage-by-City” report.

There are no “safe harbors.” If the W-2 issue is not easily resolved, employers should contact CalWorkSafety for legal advice. Since each case differs it must be analyzed individually to avoid missteps and penalties from either the SSA, ICE, or IER. It is wise to be sure you are prepared.

The Bottom Line:
This New Law Isn’t Optional!
The CalWorkSafety team offers effective
hands-on support to Employers dealing with
2019 New Laws including Salary History and
Request for Employer Information Letters.
To learn more email: dondressler1@hotmail.com
Call: 949-533-3742

Prepare for 2019 Laws

5 Dec
Prepare for 2019 Laws-Dec

 For The Past Eleven Months We’ve
Focused On 2018 California Regulations…

California’s 2019 New Laws Are Here & They’re Extensive

Now is the time to examine what lies ahead and prepare. Many of the new laws stem from the #MeToo movement and harassment protections. Other laws clarify ambiguities such as the ban on asking about an applicant’s salary history.  And, other laws report small changes or only affect employers in specific industries.

These new California employment laws all take effect on January 1st and beyond. CalWorkSafety has prepared the attached outline defining what is coming – CLICK HERE for details.

We’re prepared to assist your business to incorporate these changes into your policies, agreements, practices, and procedures … to ensure that you remain complaint next year.

Reading this new employment law summary now will help you plan effectively.

Is Your Company Prepared for These 10 Questions in 2019?

9 Oct

BottomLine Oct Update

  1. How will your firm incorporate the new or changed laws into policies and procedures?
  2. What adjustments have you made regarding 1099 changes (rules for independent contractors)?
  3. Do you have an arbitration agreement to avoid court lawsuits involving employees?
  4. Does your company have a safety plan?
  5. Is your sexual harassment policy training completed yet?
  6. How have you prepared to objectively investigate a harassment claim?
  7. What’s your plan to train each of your employees on harassment and workplace bullying prevention? How to deal with violence in the workplace?
  8. How are you calculating pay, bonuses, missed breaks, missed meals, and overtime? (are you using “rounding” for recording time?)
  9. What expectations have been set for the most critical jobs in your organization?
  10. Is your New Hire and Termination process current?
If your answers to these questions is marginal, what’s your plan for 2019?
CalWorkSafety is a leader in labor law, risk management and consultant on: Human Resources,Safety & Cal/OSHA, Labor Law/Discrimination/EOP and Workers’ Compensation. Through the design of customized HR packages, Cal Work Safety significantly reduces worker’s compensation costs and protects employers from non-compliance issues … while providing effective employee training solutions to southern California companies.
The Bottom Line:
Our Virtual HR Department offers effective hands-on Management and Staff training dealing with Mandated Regulations.  By simplifying the
employee relations and compliance elements we help clients reduce
workers’ compensation premiums, prevent discrimination and harassment claims, and settle/avoid employee claims. To learn more about preparing for 2019 HR compliance, call us at 949-533-3742 or email:

Visit our website:

or Call:  949-533-3742