02 Mar 2016
March 2, 2016
March 2, 2016
MINIMUM WAGE GOES UP!!
Minimum wage has increased from $9.00 per hour to $10.00 per hour! Effective January 1st.
FAIR PAY ACT
The new law attempts to bridge the gap in pay between the sexes by requiring employers to pay the same wages/salary to men and women in the same or similar positions. Employers may only justify a difference in pay between a man and woman based on a seniority system, a merit system, or some other system that measures quality or quantity of work. These strict requirements will make it easier for employees to bring gender discrimination claims. Employers must also keep records longer than before (from 2 years to 3). Lastly, employees will be able to inquire about co-workers pay, and prevents employers from retaliating against employees for doing so. Effective January 1st.
RESTRICTIONS ON E-VERIFY USE
E-Verify may only be used to check the eligibility status of job applicants who have been extended a job offer, but have yet to begin work. Also, if the E-Verify system doesn’t confirm whether the applicant is authorized to work in the U.S., the employer must notify the applicant promptly. Effective January 1st.
EMPLOYERS NOW HAVE OPPORTUNITY TO CURE PAYROLL ISSUES BEFORE BEING ISSUED PENALTIES
When an employer fails to include the start and end date of a pay period, as well as the employer’s proper name and address on payroll records, they now have an opportunity to cure the problem before having to pay penalties. Effective as of October 2nd, 2015.
EXPANSION OF PERSONAL LIABILITY FOR WAGE VIOLATIONS
This law expands the Labor Commissioner’s power to enforce judgments for wage violations. The Commissioner will have the power to conduct hearings to determine whether a “person acting on behalf of of an employer” should be held personally liable for the employer’s wage violations. Also, the Labor Commissioner will be able to levy those individuals’ bank accounts and properties to enforce a judgment. Effective January 1st.
CHANGES FOR EMPLOYEES WHO ARE PAID BY “PIECE RATE”
Many compensation and wage and hour issues arise for employers who pay employees by piece rates. This new law requires employers to pay employees falling under this category for rest periods and “other non-productive time”, no matter how high the piece rate is. Effective January 1st.
FEHA EXPANDS PROTECTIONS
FEHA now protects someone who makes an accommodation request for religious or disability reasons from any adverse action. Effective January 1st.
AMENDMENTS TO FAMILY SCHOOL PARTNERSHIP ACT AND TO KIN CARE LEAVE
This law applies to employers with 25 or more employees and allows employees to use up to 40 hours of unpaid time (limited to 8 hours in any calendar month) per year to participate in school or child care related activities. It is now expanding to include taking time off to address child care provider or school emergencies. Effective January 1st.
CALL OUR OFFICE TO MAKE SURE YOUR BUSINESS COMPLIES WITH THE NEW LAWS!!
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