Clarification on the “Day of Rest” Requirement for California Employers

Employees in California must receive at least one day off per week (“day of rest”) under California labor law.  This is not a new requirement, however the California Supreme Court recently clarified how the “day of rest” rule applies.

The court stated that employers must allow a day of rest in each workweek. The workweek is defined by each employer, generally in the Employee Handbook. The rule doesn’t indicate that the employee receives at least one day off in any seven day period. So, for example, if an employer has a workweek defined as Sunday through Saturday, an employee could have Tuesday off one week and then Friday off the following week. This means the employee would be working nine days in a row, but the employer is still in compliance with the day of rest requirement because the employee is getting one day off in each workweek.  Continue reading

CA Employers: New Requirements When Using Criminal History in Employment Decisions

Employers in California who use criminal background checks to make business decisions (such as hiring, promoting or terminating) will soon be faced with additional rules. Effective July 1, 2017, the California Department of Fair Employment and Housing (FEHC) will impose new restrictions as described below.

While California employers will still be permitted to consider criminal information when making employment related decisions, they should be sure that a business-related need exists to use this information.  Continue reading

California Adopts Strongest Standard for Workplace Violence Prevention for Healthcare Employees

Studies show that health care workers are at a significantly higher risk of workplace violence than the average worker in other industries.   The Federal Occupational Safety and Health Administration (OSHA), reports from 2002-2013, the rate of serious workplace violence incidents (who require days off for an injured worker to recuperate) was more than four times greater in the health care industry than in the private industry on average.

In October of 2016, the California Occupational Safety and Health Standards Board (Standards Board) unanimously accepted a new General Industry Order entitled “Workplace Prevention in Health Care”.  The Office of Administrative Law approved the standard in December of 2016, and is codified at Section 3342 of Title 8 of the California Code of Regulations.   The rule is far more extensive than the Federal OSHA’s guidelines for the prevention of workplace violence in health care settings.

Beginning April 1, 2017 all employers in California operating in the following health care areas will be required to comply with Section 3342, the “Workplace Prevention in Health Care” rule:

  • Health Care facilities
  • Home Health Care Programs
  • Drug Treatment Programs
  • Emergency Medical Services
  • Outpatient Medical Services to Correctional and Detention Settings

Continue reading

2017 Minimum Wage Changes

Many states will be increasing their minimum wage in 2017.  Check the list below to make sure you are in compliance in all states which you have employees.  Most of these changes are effective January 1, 2017 unless otherwise indicated.

  • Alaska: $9.80
  • Arizona: $10.00
  • Arkansas: $8.50
  • California: $10.50 (employers with 25 or less employees will remain at $10)
  • Colorado: $9.30
  • Connecticut: $10.10
  • District of Columbia: $12.50 (effective July 1, 2017) ($3.33 for tipped employees)
  • Florida: $8.10 ($5.08 for tipped employees)
  • Hawaii: $9.25
  • Maine: $9.00 (effective January 7, 2017)
  • Maryland: $9.25 (effective July 1, 2017)
  • Massachusetts: $11.00 ($3.75 for tipped employees)
  • Michigan: $8.90 ($3.38 for tipped employees)
  • Missouri: $7.70 ($3.85 for tipped employees)
  • Montana: $8.15
  • New Jersey: $8.44
  • New York: $9.70 (effective December 31, 2016) ($11.00 for employers in NYC with 11 or more employees; $10.50 for employees in NYC with 10 or fewer employees; $10.00 for Long Island and Westchester, $10.75 for fast food employees outside of NYC; $12.00 for fast food employees in NYC)
  • Ohio: $8.15
  • Oregon: $10.25 (effective July 1, 2017)
  • Rhode Island: $3.89 for tipped employees (non-tipped employees have no change, remains at $9.60)
  • South Dakota: $8.65 ($4.325 for tipped employees)
  • Vermont: $10.00
  • Washington: $11.00

Note: There may be local wage requirements that are higher than the state minimum wage which would apply to your business.

California Employers Must Provide Notice to Employees of Rights to Domestic Violence Leave

On September 14th, California Governor Jerry Brown signed a new bill, AB 237employmentlawupdate7, which requires employers with 25 or more employees to provide notice to their employees of their right to a protected leave of absence for domestic violence, stalking or sexual assault.

By no later than July 1, 2017 the California Labor Commissioner is expected to develop and publish a form to be used to provide this notice to employees at the time of hire and at any time during employment upon employee request. Continue reading

Back to School – Some States Require Employers to Provide Leave for School-Related Activities

Summer break has come to an end and school is back in session for the fall. There is no federal requirement for employers to allow their employees time off to participate in school related activities of their children, but some states have enacted their own legislation providing employees withback-to-school-1622789_1920 leave from work for reasons such as participating in parent-teacher conferences, classroom activities, or to address their child’s behavioral problems.

The states with current school-related leave requirements are listed below along with a brief summary of the requirements in each state.

Continue reading

San Francisco: Updated Paid Sick Leave Effective January 1, 2017

San Francisco is ugolden-gate-bridge-388917_1920pdating their paid sick leave law, first enacted in 2007. The new changes will go into effect on January 1, 2017. Prior to January 1, 2017, employers should continue to follow the existing paid sick leave ordinance (click here to read the original ordinance). As a brief overview, the current law requires all employers to provide paid sick leave to all employees, including part time and temporary employees, who work in San Francisco. This leave can be used for an employee’s illness, injury or to receive medical treatment or to assist a family member or other designated person who is ill, injured or receiving medical treatment.

Employees in San Francisco currently begin accruing sick leave after 90 days of employment and can accrue up to 72 hours of paid sick leave. Employers with less than ten employees (including full time, part time and temporary employees), have a reduced maximum accrual of 40 hours of paid sick leave. Continue reading