Tag Archives: CA employment laws

What are the chances you are in compliance with California employment and safety law?

7 Sep

There are over 44 Federal and California laws which apply to employers in our state. What are the chances you are in violation of one or more of these laws? What are the potential costs of such exposure?
We have some idea from the recent report of the Labor Enforcement Task Force, under the direction of the Department of Industrial Relations, which is a coalition of California State government enforcement agencies that work together and in partnership with local agencies to combat the underground economy. In this joint effort, information and resources are shared to ensure employees are paid properly and have safe work conditions and honest, law-abiding businesses have the opportunity for healthy competition.
ETF focuses on high-risk industries known to frequently abuse the rights of low wage workers such as:
• car wash,
• restaurant,
• manufacturing,
• roofing,
• construction,
• agricultural and
• auto repair businesses.

Members of LETF include:
• Division of Occupational Safety & Health (Cal/OSHA)
• Division of Labor Standards Enforcement (DLSE)
• Employment Development Department (EDD)
• Contractors State Licensing Board (CSLB)
• California Department of Insurance (CDI)
• Board of Equalization (BOE)
• State Attorney General (DOJ)
These groups as a task force last year inspected over 3,000 firms, and found violations of Cal/OSHA, improper classification of independent contractors who really were employees, wage and hour violations, improper rest and meal periods, etc.
Over 40 percent of businesses inspected are found to be out of compliance with all inspecting agencies. . Cal/OSHA inspected 2,495 firms and found 89% out of compliance, levying fines of $4.3 million. The Division of Labor Standards Enforcement inspected 2,858 firms and found 57% out of compliance and issued fines of $22.3 million. Employment Development Department inspected 3,019 firms and found 68% out of compliance and issued fines and tax penalties of $25.6 million. The average fine or penalty was $17, 000 per firm.
So, what are your chances of being out of compliance? Probably pretty good. You can improve your chances by working with a good human resources and safety consulting firm such as Don Dressler Consulting and CalWorkSafety.com. Check out our website at http://www.CalWorkSafety.com.

Changes in California Employment Laws for 2014

18 Nov

There are important changes in California and other states which may affect your business or organization, Some of the major new laws are: limits on how long you can make employees wait to be eligible to join your company health plan (60 days); an increase in CA – or other – minimum wage; some new laws regarding discrimination protecting veterans and illegal workers; laws regarding leaves and time off (particularly in San Francisco) and also be aware of a new obligation to always timely respond to EDD or unemployment claim information requests.
One of these changes is a new maximum 60 day waiting period for health plans: AB 1083 was passed in 2012, but takes effect January 1,2014 – has reduced the typical new employee waiting period for health benefits from 90 calendar days to 60 calendar days. Beginning on 1/1/2014, a health plan contract cannot apply a waiting period longer than 60 days before coverage starts. California Insurance Code (section 10198.7(c) and the Health and Safety Code (section 1357.51(c) , both of which govern large and small group insurance policies