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Agency Issues Clarification for Sexual Harassment Training Deadline

The California Department of Fair Employment and Housing (DFEH) issued Frequently Asked Questions (FAQs) discussing the new sexual harassment prevention training requirements that will have an impact on virtually every business in the state and all those businesses’ employees and supervisors. In the FAQs, the DFEH clarified that the law requires that all employees be …

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Cal/OSHA Cites Over $46,000 to Waste Collection Company for Fatal Truck Accident

A waste collection company was issued several citations, totaling in $46,270 in penalties by Cal/OSHA after the death of a worker who was fatally run over by his own truck in San Jose. Investigators found that the employer not only failed to ensure the truck’s safety restraint worked but also ensure it worked when being …

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IRS Extends Deadline for Certain ACA Reporting Forms

The Internal Revenue Service (IRS) recently announced that it is extending the due date for certain 2018 Affordable Care Act (ACA) reporting forms to be provided to employees. The deadline for providing Form 1095-B, Health Coverage and Form 1095-C, Employer-Provided Health Insurance Offer and Coverage to employees is now March 4, 2019, (extended from January …

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Rethinking the Holiday Office Party in Light of Harassment Scandals

Some companies may be rethinking their traditional office holiday party this year due to the spotlight on workplace harassment and the nearly daily allegations against individuals in high profile companies, Hollywood, the media and government.   The office party has long been a potential powder keg. Add a relaxed and celebratory atmosphere to an open …

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U.S. DOL to Assist with California Wildfire Recovery Efforts

With the continued fight to contain the wildfires in California — two of which, the Camp Fire and the Woolsey Fire, have reached a combined 223,285 acres burned as of November 21, 2018 — the U.S. Department of Labor (DOL) announced it will assist victims in various employment-related ways. “The Department of Labor is actively …

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Emergency Regulations for Workplace Injuries Reporting Approved

The Office of Administrative Law (OAL) has approved Cal/OSHA’s emergency regulations, which will require certain California employers to submit their injury and illness log (Form 300A) information to a federal OSHA database annually. This is in compliance with federal OSHA requirements. While Cal/OSHA opted to pursue emergency regulations this month, federal OSHA announced this past April that …

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Independent Contractors’ ‘ABC Test’ Limited to Claims Arising Under a Wage Order

You may remember our previous blog post about the California Supreme Court’s rather groundbreaking decision about which test should be applied when determining whether an individual is an employee or independent contractor (Dynamex Operations West, Inc. v. Superior Court of Los Angeles, No. S222732 (April 30, 2018)). The new test set forth in Dynamex, referred to as the …

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Study: One-Size-Fits-All Approach to Independent Contractors Ignores Value to California’s Economy

A wholesale reclassification of workers would have significant consequences for many different sectors in the state’s economy, according to a recent study by Beacon Economics.   “Since the nature of, and reliance on independent contracting varies by industry, a one-size-fits-all policy ignores the complexity and nuance of such work arrangements, and the value they bring to California’s …

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State/Local Laws Restrict Use of Information on Criminal Offenses

An applicant voluntarily disclosed that when he was a minor he had a felony conviction that has since been expunged. Can we refuse to hire him? This area is confusing to many employers who have had a practice of not hiring an applicant who has been convicted of a felony. Recent changes to state law …

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Local Minimum Wage Ordinances May Impact Split Shift Premium Requirements

A recent update on the California Labor Commissioner’s website signals a change in interpretation about how employees must be paid when they work a split shift. The updated information states that the split shift premium owed is one hour at the state minimum wage, or the local minimum wage if there is one, whichever is greater. …

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