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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
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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

CA New Anti-Harassment Law Is No Joke

26 Nov
Nov3-Sex Harassment
What Employers Need to Know About California’s New Anti-Harassment Law
Training Employees Is Mandatory
On September 30, 2018, California Governor Jerry Brown signed into law SB 1343 which expands the existing mandatory harassment prevention training obligations for employers. This new law requires that California employers provide harassment prevention training for all employees. Since you are a valued client, all our CalWorkSafety, LLC team wants to ensure that you have the relevant information.
  • Who: Any employer with five or more employees must train all employees (not just supervisors). The definition of “employee” now includes all seasonal and temporary employees.
  • Deadline: All relevant employees must be trained by January 1, 2020 (which means training needs to happen in 2019).
  • Frequency: Every two years.
  • Content: Required training topics were established in 2007 by AB 1825 and subsequent FEHA regulations. This is now augmented by another law enacted on September 30th, 2018 (SB 1300) which authorizes employers to include bystander intervention training but does not mandate it.
  • Duration: At least two hours of training for supervisors, at least one hour for all employees.
  • Record Retention: Again, as established by AB 1825 and FEHA regulations, employers are required to keep records of completed training including details of the attendees, training methods used, copies of questions asked, and responses given, etc.
CalWorkSafety, LLC has added several new video programs which provide you the training needed to comply with this law. Ask any of our team to discuss compliance options with you. 
If you have questions or would like more specific details on this topic, our expert consultants can help. Call us at 949-533-3742, visit our website:  http://www.calworksafety.com or email: dondressler1@hotmail.com
The Bottom Line:
Our Virtual HR Department offers effective hands-on Management and Staff training dealing with all 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 2018/19 HR compliance, call us at 949-533-3742 or email: dondressler1@hotmail.com or Call:  949-533-3742

Take a Look At 2019 Minimum Wage & Overtime Updates

13 Nov

Nov-Min Wage-Overtime

Interested in 2019 Minimum Wage Tips & Overtime Updates?

Did you know that the Annual Minimum Wage, Tip and Overtime adjustment season began October 2018? Some California cities and counties are announcing their 2019 rates NOW.

Rate Change Examples Below:

California: State law provides that certain computer software employees, as well as licensed physicians and surgeons, are exempt from state overtime requirements if they receive a minimum hourly, monthly, or yearly rate, which is determined annually based on cost-of-living changes.

  1. Effective 1-1-19: the computer software employee minimum hourly rate will increase from $43.58 to $45.41 per hour; the minimum monthly salary amount will increase from $7,565.85 to $7,883.62, and the minimum annual salary amount will increase from $90,790.07 to $94,603.25. For licensed physicians and surgeons, the minimum hourly pay rate will increase from $79.39 to $82.72.
  2. Mountain View, California: The minimum wage will increase from $15.00 to $15.65/hour on 1-1-19.
  3. Sunnyvale, California: The minimum wage will increase from $15.00 to $15.65 per hour on January 1, 2019. On 10-30-18, the City Council voted to amend its ordinance to cap the amount of annual adjustments at five percent. Because $.65/hr. is less than five percent, the amendments will not impact the 2019 adjustment.

No-Cal’s San Francisco Bay Area – Bay Area (of Laws):

  1. The Alameda City Council adopted a citywide minimum wage, which, effective July 1, 2019, will be $13.50 per hour, increasing to $15.00 per hour on 7-1-20, with annual adjustments based on cost-of-living increases beginning 7-1- 22.
  2. On October 1, the Berkeley minimum wage rate generally increased from $13.75 to $15.00 per hour, increasing from $12.00 to $13.25 for employer youth works and job training participants.
  3. In Daly City, the City Council received a staff recommendation to hold a public hearing concerning a proposed citywide minimum wage ordinance on 11-16-18.
  4. The Fremont City Council held a listening session about whether to adopt a citywide minimum wage ordinance.

This information offers California employers real minimum wages, tips and overtime annual wage changes coming in 2019. We also can provide similar information for: Alaska, Florida, Albuquerque, New Mexico, Seattle & Tacoma WA.

If you have questions or would like more specific details on this topic, our expert consultants can help. Call us at 949-533-3742, visit our website: http://www.calworksafety.com or email: dondressler1@hotmail.com

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: dondressler1@hotmail.com Call: 949-533-3742

This Is NOT a Drill – All Employers Need To Know About This Report

24 Oct
300A-Flash Report
Cal/OSHA Issues Emergency Work-Related Injury Recordkeeping Regulation 

In an effort to ensure compliance, an emergency RecordKeeping Regulation has been issued to bring Cal/OSHA in line with Fed-OSHA requirements.

Cal/OSHA announced that the required 300A Summary of Work-Related Injuriesonline filing is now “official” and California employers must comply by December 31, 2018 for 2017 Report, if not already done.

The Division of Occupational Safety and Health (DOSH) has published an Emergency Regulation requiring all employers with 250+ employees to electronically submit their annual 300A Summary of Work-Related Injuries. Employers in selected industries – with between 20 – 249 employees also must electronically submit the 300A.

The original DOSH original version of the regulation was issued on October 10, but it appears few, if any stakeholders were aware of it. DOSH has now reissued the emergency regulation.

Stakeholders attending an October Cal-OSHA Standards Board meeting were surprised when a DOSH official announced the regulatory move. Confusing language made it appear that employers were required to electronically submit their 2018 300A data by December 31, 2018, which would be impossible. The DOSH Legal Unit revised that issue stating that it is referring to 300A summaries for 2017.

On October 23, 2018, DOSH will officially submit the Emergency Action to the Office of Administrative Law (OAL). The OAL will then provide stakeholders five days to comment. Also, an Emergency Regulation will appear on the OAL website, oal.ca.gov. OAL then has 10 days to review the action after the comment period and if it passes muster, it will take effect after that period.

If you have any questions about this update please contact us at 949-533-3742 or email: dondressler1@gmail.com.

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 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

US Department of Labor Publishes Two Opinion Letters This Month

16 Apr

On April 12, 2018, the United States Department of Labor issued opinion letters that provide guidance on how employees without “normal working hours” should be compensated for travel time involving an overnight stay and whether rest breaks provided as a reasonable accommodation are compensable.

Interpretations Under the Federal FLSA …
CA Companies Frequently Follow These Federal Policies

When Travel Time Is Compensable:

The first opinion letter, FLSA2018-18, confirms long-standing DOL positions regarding when travel time is compensable under the Fair Labor Standards Act (FLSA) (e.g., hotel to worksite travel is a normal non-compensable commute).

Handling Irregular Schedules:
The Dilemma: For employees with irregular schedules, how do you determine “normal work hours” during which they must be paid when travel requires an overnight stay?

Suggested Approach: Employers have two different methods to reasonably ascertain an employee’s normal work hours and determine whether travel time is compensable.

  1. The employer may review the employee’s time records during the most recent month of regular employment and use the average start/end times during that time.
  2. Employers may also negotiate with the employee or employee’s representative and agree to what constitutes the employee’s normal work hours.
  3. If employers use either of these methods, the DOL will not find FLSA violations when employees are not paid for travel time occurring outside these normal working hours on work or non-work days.

Rest Breaks:
A second DOL letter, FLSA2018-19, clarifies when:

  1. Rest breaks given by an employer to accommodate an “employee’s serious health condition” predominantly benefit the employee and are not compensable as a result.

This ruling provides an exception to the current FLSA regulations that allow that employees must be paid during rest breaks of 20 minutes or less.

  1. The DOL states that a 15-minute rest break each hour (certified by a health care provider) due to the employee’s serious health condition is and therefore covered by the Family and Medical Leave Act (FMLA) would not be compensable time under the FLSA.
  2. Notably, employees that take FMLA-protected breaks as an accommodation must still receive as many paid rest breaks as their coworkers

While these are only interpretations under the Federal FLSA, California usually follows these federal policies. These letters signal that the DOL will soon be issuing employers much-needed assistance and guidance for complying with the FLSA and other new regulations and laws.

The Bottom Line:

Even though the regulation is not effective these opinions apply to all California employers and their employees. CalWorkSafety welcomes the opportunity to assist all employers in preparing for the implementation
of these ‘opinions’ once they become law … which is likely.

CALL US TODAY – LET’S TALK ABOUT THIS AND DEVELOP REAL SOLUTIONS FOR YOU

Visit our website: http://www.calworksafety.com or Call: 949-533-3742

New Workplace Safety Rules for Hotel Housekeepers Effective July 1

23 Mar

This is the first ergonomic standard in the nation written specifically to protect hotel housekeepers from musculoskeletal injuries.

The Office of Administrative Law approved the new workplace safety and health regulation specific to housekeepers in the hotel and hospitality industry, which will become effective July 1, 2018. Cal/OSHA will enforce the new standard — the first ergonomic standard in the nation written specifically to protect hotel housekeepers from musculoskeletal injuries.

Musculoskeletal injuries are injuries of a muscle, tendon, ligament, bursa, peripheral nerve, joint, bone or spinal disc that can limit or prevent someone from working. According to Cal/OSHA, hotel housekeepers frequently suffer musculoskeletal injuries, lifting mattresses, pulling linens, pushing heavy carts, and slipping, tripping or falling while cleaning bathrooms — at a rate higher than workers in other industries.

This regulation requires employers in the hotel and lodging industry to identify, evaluate and correct housekeeping-related hazards with the involvement of housekeepers and their union representative.

Under the new rule, covered employers will be required to have a specific written Musculoskeletal Injury Prevention Program (MIPP).

The MIPP must include:

  • Procedures to identify and evaluate housekeeping hazards through worksite evaluations;
  • Include employees in the evaluation process;
  • Procedures to investigate musculoskeletal injuries to housekeepers;
  • Methods to correct identified hazards; and
  • Training of employees and supervisors on safe practices and controls, and a process for early reporting of injuries to the employer.
  • The initial evaluations, written plan and training all must be completed by September 29, 2018.

When evaluating worksite hazards, investigating injuries and identifying corrective measures, input from the housekeepers and their union representatives is required.

CalWorkSafety, LLC already has a draft MIPP and welcomes the opportunity to assist all hotel, motel and bed and breakfast employers in complying with this new regulation. While the rule does not take effect until July 1, 2018, at that time, employers will have only 90 days to take all the steps to comply and there is no reason to delay preparations and assessing how this will effect your operation. CalWorkSafety works with our clients to develop effective plans which meet your compliance obligations, and will assist you if Cal/OSHA conducts an inspection or issues citations.

The standard will be added to Title 8 of the California Code of Regulations as section 3345, Hotel Housekeeping Musculoskeletal Injury Prevention.

More information on the standard can also be found on Cal/OSHA’s website.