Tag Archives: Compliance

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.

Which Employment Laws Apply to You – in 2015?

28 Dec

Use the following chart as a guide to determine which labor laws apply to you based on the number of employees you have.

Law/ Requirement All Employers: 1 or more employees

Child Labor ✓
Disability Insurance ✓
Domestic Violence/Assault Victim Leave ✓
Employee Safety (Cal/OSHA-including written safety plan)✓
Fair Employment and Housing (FEHA) ✓
Immigration Reform and Control Act (IRCA-requires I 9 forms) ✓
Independent Contractors ✓
Jury Duty leave ✓
Military Service/USERRA ✓
New Employee Reporting ✓
Paid Family Leave ✓
Paid Sick Leave (effective July 1, 2015) ✓
Posters and Notices (including written notice at time of hire to hourly employees, notices or fliers on workers’ compensation, sexual harassment, disability insurance, paid family leave to all new employees, notices to employees when starting leave of absence and at termination.)✓
Privacy ✓
Sexual Harassment ✓
Smoking in the Workplace ✓
Unemployment Insurance ✓
Unpaid time off to vote ✓
Wages and Hours ✓ (note: there are many details involved just in wage and hour requirements including payment, overtime and recordkeeping.)
Workers’ Compensation ✓

Additional laws if you have 2 or more employees:
Cal-COBRA (health insurance continuation) ✓
Eligible for small group health insurance coverage ✓

Additional laws if you have 4 or more employees:
Discrimination and Foreign Workers ✓

Additional laws if you have 5 or more employees:
Discrimination Laws (State-FEHA) ✓
Pregnancy Disability Laws ✓

Additional laws if you have 15 or more employees:
Americans with Disabilities Act (ADA) ✓
Discrimination Laws (Federal-EEOC) ✓
Organ and Bone Marrow Donors’ Leave ✓

Additional laws if you have 16 or more employees:
Civil Air Patrol Leave ✓

Additional laws if you have 20 or more employees:
COBRA (health insurance continuation Federal) ✓

Additional laws if you have 25 or more employees:
Alcohol/Drug Rehabilitation opportunities allowed✓
Domestic Violence Leave✓
Illiteracy Accommodations ✓
Military Spouse Leave ✓
School Activities Leave✓

Additional laws if you have 50 or more employees:
Affirmative Action (government contractors) ✓
Affordable Care Act (national health insurance reform) ✓
Family and Medical Leave (FMLA & CFRA) ✓
Mandatory 2-Hour Supervisor/Manager Sexual Harassment Training -CA (every 2 years) ✓
Volunteer Firefighters- leave for training ✓

Additional laws if you have 75 or more employees:
WARN Act (plant closings-mass layoffs, notices required) ✓

Additional laws if you have 100 or more employees:
Equal Employment Opportunity Reporting (EEO-1)✓

For more information on these various laws and how they apply to your business, or to discuss a safety and employment law audit, contact: Don Dressler Consulting, 2030 Main Street, Ste. 1300, Irvine, CA. 92614. Ph: 949-533-3742. E-mail: DonDressler1@hotmail.com

Website: http://www.Don Dressler.com and http://www.CalWorkSafety.com

Are You Up To Date for 2013 Employment Posters?

3 Jan

This may not be the most exciting article you read this year, but it WILL save you MONEY and TROUBLE! With the start of every New Year, it’s time to double check to see if you are current with your employment posters and other material you use for employees.
This is particularly true for 2013, as not only California, but 27 other states have made changes which require new posters – including: Arizona, Alabama, Colorado, Florida, Illinois, Hawaii, Kansas, Massachusetts, Maryland, Maine, Michigan, Montana, New Hampshire, New Jersey, New Mexico, Nevada, Ohio, Oregon, Rhode Island, South Carolina, Texas, Utah, Virginia, Vermont, Washington and Wisconsin.
I have found the best value in employment posters is provided by All In One Posters, who sell a combined Federal and State poster set, laminated for an average price of $19.00 each. You can find them on the web at: http://www.allinoneposters.com or call 800-273-0307.
But it is not just posters you have be current in. You also need up to date Pamphlets for California Employees.
Employers must provide a copy of the following notice and pamphlets to each employee when appropriate:
At time of hire –
• The following pamphlets explain employees’ benefit rights:
• For Your Benefit – California’s Programs for the Unemployed (DE 2320) – Provides information on UI, DI, PFL, and Job Service benefits available to the employee. http://www.edd.ca.gov/pdf_pub_ctr/de2320.pdf
• Disability Insurance Provisions (DE 2515) – This brochure outlines the DI program. http://www.edd.ca.gov/pdf_pub_ctr/de2515.pdf
• Paid Family Leave (DE 2511) – This brochure outlines the Paid Family Leave insurance program http://www.edd.ca.gov/pdf_pub_ctr/de2511.pdf
• Workers’ Compensation:
English: http://www.dir.ca.gov/dwc/DWCPamphlets/TimeOfHirePamphlet.pdf
Spanish: http://www.dir.ca.gov/dwc/DWCPamphlets/TimeofHirePamphlet_Spanish.pdf
And the following pamphlet is required to provide information about Sexual Harassment: http://www.dfeh.ca.gov/res/docs/Publications/DFEH-185.pdf

Each year, all employers are required to notify all of their employees of the federal Earned Income Tax Credit (EITC) more information and form of notice at: http://www.edd.ca.gov/Payroll_Taxes/Earned_Income_Tax_Credit_Notification.htm
At termination of employment:
• Notice to Employee as to Change in Relationship – Written notice must be given immediately to employees of their discharge, layoff, leave of absence, or change in employment status. This sample meets the minimum requirements. http://www.edd.ca.gov/Payroll_Taxes/pdf/NoticetoEmployeeastoChangeinRelationship.pdf
You may wish to prepare the employee notice in duplicate and keep a copy for your files. Notices prepared by the employer must include the information on the sample Notice to Employee as to Change in Relationship referenced above
• For Your Benefit – California’s Programs for the Unemployed (DE 2320) – Provides information on UI, DI, PFL, and Job Service benefits available to the employee. Obtain form at: http://www.edd.ca.gov/pdf_pub_ctr/de2320.pdf
Whenever employee takes a leave of absence :
• When the employee notifies the employer they need to take time off from work due to their non-industrial medical condition- they must be given “State Disability Insurance Provisions” (DE 2515) http://www.edd.ca.gov/pdf_pub_ctr/de2515.pdf
• When the employee notifies the employer they need to take time off from work to care for a seriously ill family member or to bond with a new child.- they must be given “Paid Family Leave insurance program” (DE 2511) http://www.edd.ca.gov/pdf_pub_ctr/de2511.pdf
These pamphlets are available for purchase, if you would prefer, from the California Chamber of Commerce. The Chamber sells a kit of all 5 different brochures in sets of 20 for $60 for members, or the items individually.
I look forward to seeing you early this year to planning how I can help you with performance and compliance issues. Avoid the costs of fines or lawsuits. Don’t hesitate to email me at DonDressler1@hotmail.com or call 949-533-3742 if I can be of help.