P•A•S Associates

Dynamex is Retroactive: California Supreme Court’s Rejection of the Reasonable Reliance Exception Ignores Reality

As those who have been following AB 5 know well, in April 2018, the California Supreme Court issued a monumental decision related to independent contractor classification. Now, the court has held that the Dynamex decision is retroactive, opening up California businesses to millions of dollars of liability. In Dynamex Operations West, Inc. v. Superior Court, …

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HR WEEKLY TIP

Report COVID-19 Positive Test Result to Workers’ Comp Carrier As those who have been following AB 5 know well, in April 2018, the California Supreme Court issued a monumental decision related to independent contractor classification. Now, the court has held that the Dynamex decision is retroactive, opening up California businesses to millions of dollars of …

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Cal/OSHA Revises Guidance on COVID-19 Emergency Temporary Standards

Last year, California’s Division of Occupational Safety and Health (Cal/OSHA) approved emergency COVID-19 temporary standards, which became effective and enforceable on November 30, 2020. Under the standards, employers needed to take certain actions to safeguard the workplace from COVID-19, like creating and implementing a written COVID-19 prevention plan, planning to address and combat outbreaks, and …

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New Federal COVID Law Includes Option to Offer Paid Sick Leave

I remember reading that the Families First Coronavirus Response Act (FFCRA) was scheduled to expire on December 31, 2020. Do I need to pay anything to my employees who get sick with COVID 19 after the first of the year? The Emergency Paid Sick Leave (EPSL) and the Expanded Family Medical Leave (EFMLA) that were …

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California’s New Series of COVID-19 Reporting Requirements

One of my employees just reported that they tested positive for COVID-19. Do I have to report this positive case? During the 2020 California legislative session, COVID-19 forced lawmakers to pivot from their routine business to addressing the growing pandemic. In response, the Legislature enacted SB 1159 and AB 685 that created certain reporting requirements …

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Congress Declines to Extend FFCRA Mandate

On December 27, 2020, President Donald Trump signed a second stimulus package addressing the economy and the COVID-19 pandemic. Among the many issues resolved in the new stimulus package, Congress didn’t extend the Families First Coronavirus Response Act (FFCRA) leave mandate, so employers are no longer required to provide leave under the FFCRA starting January …

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Remote Working on Holidays Surges

As the COVID-19 pandemic continues and employees who previously worked in an office environment now work remotely, reports show that Americans have been putting in extra work hours not only during normal workdays but also on national holidays. Business virtual private networks (VPNs) allow employees to access their company’s networks remotely, and on Thanksgiving and …

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Value of Holiday Gift Card May Be Factor in Calculating Pay Rate

As the COVID-19 pandemic continues and employees who previously worked in an office environment now work remotely, reports show that Americans have been putting in extra work hours not only during normal workdays but also on national holidays. Business virtual private networks (VPNs) allow employees to access their company’s networks remotely, and on Thanksgiving and …

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2021 IRS Mileage Rates

On December 22, 2020, the Internal Revenue Service (IRS) issued the 2021 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes. Beginning January 1, 2021, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be: …

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Expanded Regulations to The California Family Rights Act (CFRA), Taking Effect January 1

Although businesses may want to expand, many employers are hesitant hire 50 or more employees because they do not want to be subject to the Family and Medical Leave of Absence (FMLA) and all it entails. Although having an employee count below 50 still avoids FMLA requirements, if you have more than five employees in …

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