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As of April 1st Employers Must Post New or Updated Notices & Pamphlets

11 Apr
April-Ca Update Notice
California employers covered by either the California Family Rights Act (CFRA) or the New Parent Leave Act (NPLA) are required and must be posted  – new Family Care and Medical Leave and Pregnancy Disability Leave.

Previously
, the notice was named the Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability notice, and only employers covered by the CFRA – employers with 50 or more employees – had to post it.

Now
, employers with 20 to 49 employees must post the new notice in their workplaces and employers with 50 or more employees must update their existing notice.

The new 2019 all-in-one California and Federal Labor Law poster  includes all 18 state & federal employment notices every California employer must post, including the new Family Care and Medical Leave and Pregnancy Disability Leave notice. If any mandatory updates occur in 2019, employers will automatically receive a replacement poster at no additional cost.


Revised Pamphlets
The Employment Development Department (EDD) has updated two pamphlets that employers are required to give to employees at certain times: California Paid Family Leave and Disability Insurance Provisions. Employers must provide these pamphlets to new employees and to employees either taking a covered leave of absence or a non-work-related disability leave.

Both pamphlets have a new revision date of March 2019 and contain an additional paragraph offering participants in those programs the option of a debit card or check to receive their funds. Employers should always use the most current version of these pamphlets.

 
The CalWorkSafety Consultants Are Here to Help Clients
With all Questions or Concerns About These New Notices.
Contact Us to Help You Sort Out Your Options

 

Hiring: I-9 Rule Compliance Concerns

27 Mar

An increase in Form I-9 Audits amplifies 2019 U.S. employers’ hiring compliance concerns.

ICE is fully committed to ensuring that employers comply with I-9 employment eligibility verification requirements, which prove employees are legally allowed to work in the country. Violations can result in severe penalties for the employer and, in the case of undocumented workers, arrest or deportation of the employee.

 

Important Statistics

  • ICE inspections and audits have skyrocketed during the past two years, resulting in an unprecedented number of fines and arrests. Fines can range from $110 to $1,100 for errors such as not completing a form, but they increase dramatically for knowingly or continuing to employ unauthorized workers – up to $14,050 for each violation.
  • From 10-1-17 through 7-20-18, ICE and its Homeland Security Investigations arm conducted 6,093 investigations, made 675 criminal and 984 administrative worksite-related arrests.
  • In fiscal year 2017, companies were ordered to pay a total of $97.6 million in judicial forfeitures, fines and restitutions in addition to nearly $8 million in civil fines.
  • ICE’s intensified focus on enforcement is an attempt to create a culture of compliance among employers and deter illegal employment.
Anyone involved in hiring new employees should be prepared for an audit. In fact, you should conduct an internal I-9 audit to make sure everything is in line before ICE comes knocking. Doing so ensures you’ll be able to produce the documents ICE requests within the required timeframe; if you receive a Notice of Inspection (NOI) from ICE, you’ll be required to produce all I-9 forms and supporting documentation within three days.
  • Note: Audits are different from an ICE raid, in which agents show up at your business unannounced with a criminal search warrant. Either way, it’s important to be proactive and have documentation on all employees. CalWorkSafetyConsultants are available to conduct an I-9 Audit for your firm as part of our services.  We can also train your team to perform these audits – and we strongly recommend an audit be performed at least once a year.

I-9 Compliance Maintenance

  1. Designate a member of your HR team as the point person to become an expert on the employee eligibility verification process. This includes creating a process for accurate completion of the I-9 form and responsibility for maintaining it. If you’re a one-person shop, schedule time on a regular basis to educate yourself on proper procedure and to make sure paperwork is completed accurately.
  2. Train any employee who might handle I-9 forms on how to complete them properly as well as all anti-discrimination practices. HR professionals can look to the U.S. Citizenship and Immigration Services’ employer handbookfor assistance.
  3. Develop a system to track the immigration status of employees and make certain re-verification is completed on time. You can do this manually … just realize that it is time consuming and labor intensive. If an employee fails to submit completed paperwork accurately or on time, it can mean your company is non-compliant. Thus, using an automated system lets you enter I-9 information, provide employment authorization confirmation while also alerting you to any potential shortcomings.
  4. For businesses with remote employees, remember that work authorization documents must be reviewed in person. A scan or photocopy that’s emailed won’t work. You need to make sure any new hires who telecommute are aware of this policy and both of you are prepared to complete the I-9 process properly.
  5. It’s also crucial that you or your point person knows howto correct errors or omissions and what to do with incomplete or outdated I-9s.

Employer Takeaways

  • Be ready for an audit at any time.
  • If you receive a NOI, you’ll have only three days to produce the necessary paperwork.
  • It’s much easier to stay ahead of the game by verifying compliance with every new hire and re-verifying – as required – than to play catch-up during those three days.
  • You NEVER want to put your company at risk for any penalties, fines or physical removal of employees.
Employers are now under intense scrutiny to ensure employees are working legally and that company practices are compliant. Compliance failure can threaten the growth of a business and sometimes its very existence.

 

Important Notice for Employers: Change In OSHA Record keeping Rule

1 Feb
Feb-Masthead
On January 25, 2019, the Occupational Safety and Health Administration (OSHA) published in the Federal Register its revisions to its electronic record keeping rules. As expected, OSHA eliminated the requirement for employers to electronically submit Forms 300 and 301 to OSHA. The rule, located at 29 C.F.R. Section 1904.41, still requires employers in the following two categories to electronically submit Form 300A (Annual Summary) to OSHA annually:

 

  1. Establishments with 250 or more employees
  2. Establishments with 20-249 employees in industries designated by OSHA.
Employers need to be aware that the 2018 summary needs to be posted Feb. 1 through April for all establishments with 10 or more employees and those with over 250 employees and with 20 to 249 employees in selected industries need to post on line electronically as well.

 

CalWorkSafety consultant Edward Li assists employers with compliance issues.

NOTE: 

Now is an excellent time to plan a brief safety training for all supervisors and managers and review the company’s OSHA 300 A form, what it means, as well as the obligations of all supervisors and managers for OSHA safety compliance.

Our CalWorkSafety, LLC team is here to help.  We highly recommend that you review our new Leadership Courses Training Flier

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

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

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