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Form I-9 Document Inspection Flexibility Extended into 2022  

When hiring new employees, employers are required by federal law to use the Form I-9, Employment Eligibility Verification to verify employment eligibility — and to physically examine each original Section 2 document the employee presents “to determine if the document reasonably appears to be genuine and relates to the person presenting it” within three business …

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New Year Equals New Employment Posters — Remember Your Physical Posting Obligations!

Whether it’s planning for applicable state and local minimum wage increases and exempt employee salary increases; updating employee handbooks; or making sure employees complete their sexual harassment prevention training, there are several things employers must do to remain in compliance as we head into the new year — another of which is updating and displaying employment law posters. …

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Allowing Use of Sick Time for Vacation Could Prove Costly for Employer

My employee wants to take a few days off to take a trip with her family, but she is out of vacation time. Can I let her use her sick leave instead? Many employers see no harm in allowing an employee to use their paid sick leave (PSL) as a substitute for vacation time, but …

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How to Handle Paystub Listing for COVID Supplemental Paid Sick Leave

I read that the California COVID Supplemental Paid Sick Leave expired on Sept. 30, but I haven’t seen anything about the requirement to list the hours on the employee’s paystub. Do I still need to list the hours of the supplemental paid sick leave after Sept. 30, 2021? You are correct that California’s 2021 COVID-19 …

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OSHA Pauses Vaccine Standard Activities Pending Litigation, Creating Uncertainty in California

As previously reported, on November 5, 2021, the federal Occupational Safety and Health Administration (OSHA) published an emergency temporary standard in the Federal Register which required employers with 100 or more employees nationwide to implement a written workplace COVID-19 vaccination policy that complied with the rules set forth in the standard. The emergency temporary standard …

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Employers Take Note: Increased Enforcement of California’s Fair Chance Act

On October 20, 2021, the California Department of Fair Employment and Housing (DFEH) announced a new effort to identify and correct violations of California’s Fair Chance Act in employer job postings and recruitment materials. The Fair Chance Act, also known as the “Ban-the-Box” law, generally prohibits employers with five or more employees from requesting or considering an applicant’s criminal history prior to making …

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New DOL-Issued Final Rule Updates ‘Regular Rate’ of Pay

For decades, the U.S. Department of Labor (DOL) has grappled with compensation rules for tipped workers when they perform tasks that are incidental to their regular work, such as maintenance as well as preparatory and closing duties that don’t usually result in tips for tipped workers. This is known as the “dual jobs” concept, where …

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EEOC COVID-19 Vaccines, Accommodations Guidance Updated

The U.S. Equal Employment Opportunity Commission (EEOC) recently updated and expanded guidance related to the COVID-19 pandemic, addressing questions about objections to employer COVID-19 vaccine requirements. As previously reported, both the EEOC and the California Department of Fair Employment and Housing (DFEH) have stated that private employers may implement a mandatory vaccine policy, so long as they don’t …

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New 2022 California Employment Laws

This year’s legislative session officially ended with Governor Newsom signing the last batch of bills over the weekend. The COVID-19 pandemic was still challenging for the California Legislature, but that didn’t stop it from sending several hundred bills to the Governor, many of which impact California employers. Here’s a quick look at some of the …

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Applicants’ Workers’ Comp Claim History Can’t Be Used for Screening

We work in an industry that is at a higher risk for workplace injury. In an effort to keep our workers’ compensation costs lower, can we ask if applicants for employment have an active workers’ compensation claim or if they have ever filed for workers’ compensation benefits? Workers’ compensation laws are complex and uniquely different …

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