In this month’s Employment Law Bulletin we bring you our 2020 Employment Law Update Action Items checklist. Employers can use this handy checklist to help ensure their organization is in compliance with new laws that took effect in January 2020. Please reach out to an SMT employment attorney if you have questions. We are here to help.
2020 Employment Law Update Action Items
REQUIRED LABOR LAW POSTINGS
Update CA Labor Law Poster
MINIMUM WAGE IN CALIFORNIA
Review hourly pay rates and increase as needed
Review pay for EEs where minimum wage is used as a threshold and increase as needed:
o Wage Order 16 EEs who provide their own hand tools/equipment
o EEs paid minimum wage for travel, waiting time, etc.
o Commissioned sales people (to maintain overtime-exempt status)
o EEs in the construction industry exempt from paid sick leave law based on CBA that provides for pay at least 30% > minimum wage
o EEs exempt from state overtime law based on CBA that provides for regular hourly pay at least 30% > minimum wage
Review exempt EE salaries and increase as needed
Since the new minimum wage laws are triggered by ER size, pay attention to fluctuation in EE counts throughout the year and adjust the minimum wage accordingly
Make sure you have the current minimum wage posting
Check local ordinance if you have a CBA
OVERTIME FOR AGRICULTURAL WORKERS
ERs with > 25 EEs: implement new 9/day; 50/week overtime standard now and plan for future changes
ERs with 1-25 EEs, first change is not effective until 1/1/2022, but now is a good time to review future overtime exposure and develop plans to address (limiting overtime exposure by hiring more EEs vs. keeping the same number of EEs who work more hours and are owed overtime)
The new OT law is triggered by ER size, so pay attention to fluctuation in EE counts to be sure to apply the correct overtime rule
MINIMUM WAGE CHANGE/LOCAL ORDINANCES IN NORTHERN CALIFORNIA
If you have EEs who work any hours in these other cities, check to see if they fit the definition of EE such that the minimum wage ordinance applies to them
Review hourly pay rates and raise if necessary
REPORTING TIME PAY
Review your call-in and on-call policies, procedures and enforcement to ensure EEs receive all legally required compensation
IRS MILEAGE RATE FOR 2020
Ensure EEs using personal vehicles for business are being properly reimbursed for business-related mileage
Inform your payroll/finance department of the mileage rate change so EEs are properly reimbursed
LACTATION ACCOMMODATION
Update EHB and policies
Ensure that EEs have a room or location other than the restroom to use for lactation breaks
Distribute lactation policy with other pregnancy-disability leave documents
NATURAL HAIR AND TRAITS HISTORICALLY ASSOCIATED WITH RACE – CROWN ACT
Check all written and unwritten policies and practices to ensure compliance: job descriptions and EHBs, recruitment advertising content, training materials for in-house recruiters, workplace dress codes, and performance and disciplinary documents
STATUTE OF LIMITATIONS EXTENDED FOR FILING FEHA COMPLAINT
Check EE count to ensure proper leave and EE rights management
Implement best practices to protect against claims and improper leave management
GUN VIOLENCE RESTRAINING ORDER
Prepare protocols for dealing with violence or potential violence in the workplace
Designate responsible person who knows what to do if a restraining order is needed
OSHA REPORTING REQUIREMENT
Update reporting procedures and policies
AB 5 EMPLOYEES OR INDEPENDENT CONTRACTORS?
Review accounts payable records and identify every person paid on a 1099 basis
Apply the “ABC Test”
If any fail the “ABC Test”, contact SMT to discuss strategically reclassifying them as EEs, or analysis of ABC Test exceptions
ARBITRATION AGREEMENTS (BEFORE Chamber v. Becerra DECIDED)
Don’t include ARB in any AGM modified, extended or entered into after 1/1/2020
Think carefully before modifying or extending any existing AGM with ARB clause
Stay tuned because part of these new constraints will likely be overturned; until then, don’t become the test case
NEW LAWS (AND OTHER KEY ISSUES) IMPACTING RELEASES
Review any form Releases for compliance
Review any Severance Plan documents for compliance
SEXUAL HARASSMENT TRAINING
All ERs of 5 or more EEs: Implement training protocol to ensure compliance with timing requirements
Construction ERs: watch for industry-specific harassment and discrimination prevention policy and training standards and implement
OCCUPATIONAL SAFETY & HEALTH TRAINING FOR VALLEY FEVER
Determine if the law applies to you, and if so, provide awareness training
ORGAN DONOR LEAVE
Train HR personnel regarding change in the law
PAID FAMILY LEAVE INSURANCE
Watch for publication of new PFLI pamphlet in June 2020
NO MATCH NOTICES
Designate point person who is – or who can get – familiar with different notices
Develop step-by-step protocol on how to handle no match situations
No Se Habla Español?
SMT’s employment attorneys can provide your company with employment policies, forms and employee disciplinary documentation in Spanish. Providing such important information to employees in the language they understand is critical to employee performance, providing a welcoming diverse work environment, and protecting your company against employment claims. Contact an SMT attorney today to get started.
Spaulding McCullough & Tansil LLP
Employment Law Group
Jan Gabrielson Tansil [1] | Lisa Ann Hilario [2] | Kari Brown [3]