Pasadena California Gets Minimum Wage Increase This July 1, 2018

Beginning July 1, 2018, employers with 26 or more employees must pay wages of not less than $13.25 per hour (in addition to any tips received) to each employee. For employers with 25 or less employees, the minimum wage is $12.00 per hour.

The official posters must be posted in a conspicuous place, accessible to all employees, where the other state and federal labor law posters are also posted. They can be downloaded below:

Pasadena 25 or less

25 or less employees

Pasadena 26 or more

26 or more employees

The minimum wage requirement set forth in the Pasadena Minimum Wage Ordinance applies to adult and minor employees who work two (2) or more hours per week in Pasadena.

Under the Ordinance, employees who assert their rights to receive the City’s minimum wage are protected from retaliation. Employees may file a civil lawsuit against their employers for any violation of the Ordinance or may file a complaint with the City’s Department of Planning and Community Development. The City will investigate possible violations and, where appropriate, will obtain payroll records as provided by law, and will enforce violations of the minimum wage requirements by ordering reinstatement of employees, payment of back wages unlawfully withheld, and penalties. In addition, any business that violates the provisions of the Pasadena Minimum Wage Ordinance is subject to criminal prosecution.

 

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City of Emeryville CA Minimum Wage Increase Takes Effect July 1, 2018

New Rates for Small and Large Employers

Effective July 1, 2018, the minimum wage in Emeryville, California will rise to $15.00 per hour for small businesses (55 or fewer employees) and to $15.69 per hour for large businesses (56 or more employees). Paid sick leave requirements will remain the same.

Click here for more information.

Maine Sexual Harassment Training Guide Now Available

Maine has released a sexual harassment training checklist, which certain employers must use to develop a sexual harassment training program.

Checklist
In accordance with a previous law, Maine has developed a compliance checklist covering the sexual harassment training requirements noted below in the “Background” section. Covered employers must use the checklist to develop a sexual harassment training program, and must keep a record of the training (including a record of employees who have received the required training) for at least 3 years. These requirements are currently in effect.

Background
In workplaces with 15 or more employees, employers must conduct a sexual harassment education and training program for all new employees within one year of commencement of employment that includes certain information. Employers must also conduct additional training for supervisory and managerial employees within one year of commencement of employment that includes specific information. Click here (§ 3) for more details.

Originally posted by HR360

New York To Develop Its Own Sexual Harassment Policy and Poster by Oct 2018

California for a long time has had its own Sexual Harassment Policy Training and Posting Requirement. This was discussed in a previous article. New York State and New York City is now following suit.

Background

In response to the tsunami of sexual harassment allegations that have swept the nation in late 2017, Senator Murphy has partnered with Senator Catherine Young and Senator Elaine Phillips to help pass milestone legislation to combat all forms of sexual harassment. The Sexual Harassment Accountability and Protection Act will ban confidential sexual harassment settlements, prohibit mandatory arbitration of sexual harassment complaints, and expand protections for independent contractors. For the first time, this legislation would also write a definition of sexual harassment in state law.

The state legislature also passed The state budget bill for the 2019 fiscal year approved by the New York State Legislature on March 31 and signed into law by Governor Andrew Cuomo on April 12 contains a host of significant provisions to strengthen the state’s sexual harassment laws.

The budget bill contains significant new obligations for private and public employers, aimed at curtailing sexual harassment in the workplace. Specifically, the bill requires employers in New York to adopt a sexual harassment policy and training program that meet certain standards. Details of the new requirements are presented below.

Model Policy
The state is expected to create and publish a model sexual harassment prevention guidance document and sexual harassment prevention policy. A basic outline of the model policy is available by clicking here (§ 201-g(1)(a)).

The model sexual harassment prevention policy must include the following:

  • a statement prohibiting sexual harassment;
  • examples of prohibited conduct that would constitute sexual harassment;
  • information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims, along with a statement that there may be additional applicable local laws;
  • a standard complaint form;
  • the procedure for the timely and confidential investigation of complaints;
  • a statement informing employees of their rights of redress and all available forums for adjudicating sexual harassment complaints administratively and judicially;
  • a statement that sexual harassment is a form of employee misconduct, and that sanctions will be enforced against individuals engaging in sexual harassment and managers and supervisory personnel who knowingly allow such behavior to continue; and
  • a statement that retaliation against individuals reporting sexual harassment or who testify or assist in any proceeding is unlawful.

Every employer must adopt the model sexual harassment prevention policy or establish a policy that equals or exceeds the minimum standards provided by the state’s policy. The policy must be provided to all employees in writing.

Training Program
The state is also expected to produce a model sexual harassment prevention training program. The program will be interactive and will contain certain required content (§ 201-g(2)).

Basically, the model sexual harassment prevention training must be interactive and include the following:

  • an explanation of sexual harassment;
  • examples of conduct that would constitute unlawful sexual harassment;
  • information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims; and
  • information concerning employees’ rights of redress and all available forums for adjudicating complaints.

The model training must also include information addressing conduct by supervisors and additional responsibilities for supervisory personnel.

Every employer must utilize the state’s model sexual harassment prevention training program or establish a training program that equals or exceeds the minimum standards provided by the state’s model training. The training must be provided annually to all employees.

These new requirements take effect October 9, 2018. The law also contains provisions on sexual harassment relating to non-employees (e.g., contractors). Click here (Subparts E and F) to read the law.

Following this, the New York City Council passed a package of bills this week aimed at addressing sexual harassment at work. The new training rule will apply to any private employer with more than 15 people on its payroll. Managers and supervisors will also be required to complete training, according to the bill’s text. The legislation, called the Stop Sexual Harassment in NYC Act, taps the city’s commission on human rights to develop an “online interactive” program that can be used to satisfy the training requirement.

US Department of Labor Says Cooks & Dishwashers Can Now Participate in Certain Tip Pools

The U.S. Department of Labor (DOL) has released guidance clarifying federal law on tip pooling. The guidance was issued in response to a federal law that amended the federal Fair Labor Standards Act’s (FLSA) tip pooling rules. The DOL guidance states that:

  1. Employers are prohibited from keeping tips received by their employees, regardless of whether the employer takes a tip credit against the minimum wage for its employees.
  2. Federal regulations no longer prohibit tip pooling when employers pay tipped employees at least the full federal minimum wage and do not claim a tip credit.
  3. Employers who pay at least the full federal minimum wage are no longer prohibited from allowing employees who are not customarily and regularly tipped—such as cooks and dishwashers—to participate in tip pools. However, managers and supervisors are prohibited from participating in tip pools.

However, employers should remember that some states have different rules concerning tip pools and tip credits. When there are differences between state and federal laws in this area, the law more favorable to the employee generally applies.

Click here to read the DOL guidance.

Originally posted by HR360.com

Cal/OSHA Cites Roofing Contractor for Repeat Fall Hazard Violations

San Diego—Cal/OSHA cited California Premier Roofscapes, Inc. for repeat violations
of fall protection safety orders and proposed $134,454 in penalties. The Escondido based
company was investigated and cited on six different occasions over the past four years for putting its workers at risk of fatal falls.

Cal/OSHA opened the most recent inspection in August of 2017 after receiving a report
that workers were not wearing proper fall protection while installing tiles on the roof of a three-story Chula Vista home. Inspectors found that California Premier Roofscapes
failed to ensure their workers were wearing safety harnesses and other personal fall
protection. Employees were not properly trained on fall protection and roof work
hazards.

  • “California Premier Roofscapes has repeatedly put its workers at risk of potentially
    deadly falls from heights, disregarding basic safety requirements to protect its
    employees,” said Cal/OSHA Chief Juliann Sum.

Cal/OSHA issued citations to California Premier Roofscapes for four violations
including:

  • One repeat-serious violation for failing to ensure that workers were wearing fall
    protection.
  • One repeat general violation for failing to effectively implement and maintain a
    written Injury and Illness Prevention Program.
  • Two general violations for not inspecting equipment prior to each use and inadequate training on fall hazards and protection.

The first inspection with California Premier Roofscapes was opened in October 2014
after Cal/OSHA received a complaint that employees were working on an Irvine roof
with no fall protection. Cal/OSHA inspected a California Premier Roofscapes’ residential
construction site in Azusa the following day after receiving a complaint involving an
unsafe portable ladder. The following month, Cal/OSHA investigated an accident
involving a worker who suffered serious head and knee injuries after falling 15 feet from
a ladder attached to scaffolding at a Carlsbad residential construction site.

In June 2015, Cal/OSHA opened an inspection and cited California Premier Roofscapes
for a repeat serious violation after workers with no fall protection were reported on the
roof of an Irvine construction site. In March of the following year, Cal/OSHA inspected a
report that California Premier Roofscapes’ workers wore harnesses but were not
properly tied off to prevent falls from the roof of a Tustin construction site. California
Premier Roofscapes was cited for two repeat violations, one serious and one general
category.

Falls are the leading cause of death in construction nationwide. In California’s roofing
industry, falls have caused nine deaths and 162 serious injuries since 2014.

A serious violation is cited when there is a realistic possibility that death or serious harm
could result from the actual hazardous condition. A repeat violation is cited when the
employer was previously cited for the same or a very similar violation and the earlier
citation became final within the past 5 years.

All employers in California are required to have an effective written injury and illness
prevention program, a safety program to identify, assess and control hazards in the
workplace. Cal/OSHA has online tools and publications to guide employers on how to
establish an effective safety program. Cal/OSHA’s resources on fall protection include
safety and health factsheets, residential fall protection training and a construction safety
pocket guide.

Cal/OSHA helps protect workers from health and safety hazards on the job in almost
every workplace in California. Cal/OSHA’s Consultation Services Branch provides free
and voluntary assistance to employers to improve their health and safety programs.
Employers should call (800) 963-9424 for assistance from Cal/OSHA Consultation
Services.

Employees with work-related questions or complaints may contact DIR’s Call Center in
English or Spanish at 844-LABOR-DIR (844-522-6734). The California Workers’
Information line at 866-924-9757 provides recorded information in English and Spanish
on a variety of work-related topics. Complaints can also be filed confidentially with
Cal/OSHA district offices.

Source: https://www.dir.ca.gov/DIRNews/2018/2018-28.pdf

San Francisco Employers Annual Reporting Form Due April 30, 2018

Employers covered by San Francisco’s Health Care Security Ordinance (HCSO) and/or the Fair Chance Ordinance (FCO) are required to submit the 2017 Employer Annual Reporting Form to the Office of Labor Standards Enforcement by April 30, 2018.

Coverage
Employers may determine whether they are required to submit the form by filling out this survey. Employers who were not covered by the HCSO or the FCO in 2017 will be directed to a page indicating that they do not need to submit the form. Covered employers will be directed to the appropriate online form.

Covered employers should review the instructions before beginning the online form. A PDF preview of the form is also available.

Click here for additional resources on the reporting requirement.

For more information on the HCSO and FCO, employers may visit the city’s website.

Originally Posted by HR360

California Immigrant Worker Protection Act (AB 450) Template Now Available

California – Assembly Bill 450, signed by Jerry Brown on October 5, took effect January 1, 2018 and adds new provisions to the Government Code. To help employers comply with the notification and posting requirement, the bill required the Labor Commissioner to create a template by July 1, 2018 and is now available. Click HERE, then click on California to view and download the Notice of Inspection of I-9 Employment Eligibility Verification Forms.

What Employers Need to Know

1.) Beginning January 1, 2018, both public and private employers (and their agents) are prohibited from providing voluntary consent to an immigration enforcement agent to enter nonpublic areas of a place of labor unless the agent provides a judicial warrant.

2.) The law also prohibits employers (or their agents) from providing voluntary consent to an immigration enforcement agent to access, review, or obtain the employer’s employee records without a subpoena or court order.

Employers Must Post New Notice on July 1, 2018

3.) Employers will have to post to current employees a notice of inspection of Form I-9 (and any other employment records) by an immigration agency within 72 hours of receiving the federal notice of inspection, in the language the employer normally uses to communicate employment information.

4.) Employers, upon reasonable request, must also provide an affected employee (employees identified by the immigration agency as ones who may lack work authorization) with a copy of the notice of inspection of Form I-9s.

Immigration Inspection Deficiency Notice

5.) After an inspection, employers will have to provide the affected employee and the employee’s authorized representative a copy of the written immigration agency notice (the “Notice of Suspect Documents” or NSD) within 72 hours of receipt, including the result of such inspection if an employee is impacted, and obligations of the employee and employer as a result. This notice must be hand-delivered if possible, otherwise by mail and email, and should contain:

  • A description of any deficiencies identified in the notice;
  • The time period for correcting deficiencies;
  • The time and date of any meeting with the employer to correct deficiencies;
  • Notice that the employee has the right to representation during any meeting scheduled with the employer.

Violation Citation and Fines

6.) The California Labor Commissioner or Attorney General has the exclusive authority to enforce these provisions and can impose penalties of $2,000 up to $5,000 for a first violation, and $5,000 up to $10,000 for each subsequent violation under the law.

For a list of Frequently Asked Questions, visit https://www.dir.ca.gov/dlse/AB_450_QA.pdf

Oregon Law That Imposes Scheduling and Working Hours Obligations on Employers Takes Effect July 1, 2018

Senate Bill 828, enacted by the 2017 Legislative Assembly, establishes work scheduling standards for certain employers in retail, hospitality, or food services industries that have at least 500 employees worldwide. The majority of the bill becomes effective July 1, 2018.
 
Q. What is a covered employer?
 
A.  Covered employers include employers and successor employers in retail, hospitality, or food services establishments that employ 500 or more employees worldwide, including chains and integrated enterprises.
 
To determine the number of employees employed by an employer, the calculation is based on the average number of employees employed on each work day during each of 20 or more workweeks in the current calendar year or immediately preceding calendar year.
 
Q. Who is a covered employee?
 
A. An employee who is employed in a retail establishment, a hospitality establishment, or a food service establishment that provides services related to retail trade, hotels and motels, or food services.
 
Q. Are any employees not covered?
 
A. Yes. Salaried employees who are exempt from minimum wage, workers supplied by a worker leasing company,and employees of a business that provides services to or on behalf of an employer, are not covered by this law.
 
Q. What does the law require?
 
A. Good faith estimate of work schedule.  Employers must provide a new employee a written good faith estimate of the work schedule at the time of hire that:
·       States the median number of hours the employee is expected to work in an average month;
·       Explains the voluntary standby list;
·       Explains whether the employee who is not on a standby list may expect to work on-call shifts, and if so, sets forth an objective standard for when an employee may be expected to work on-call shifts if the employee is not on the standby list; and
·       May be based on prior year schedule if it is a good-faith estimate of seasonal or episodic work.
 
Voluntary standby list. Employers may maintain a voluntary standby list of employees willing to work additional hours due to unanticipated customer needs or unexpected absences if listed employees have requested or agreed in writing and the employer notifies each employee, in writing:
·       That the list is voluntary and lays out how to be removed from the list;
·       How the employer will notify standby list employees of additional hours and how to accept the additional hours;
·       That the employee is not required to accept the additional hours offered; and
·       That an employee on the standby list is not eligible for additional compensation for changes to the employee’s written work schedule resulting from acceptance of additional hours as a result of being on the list.
 
Advance notice of work schedule. The employer must provide an employee with a work schedule, in writing, at least seven calendar days before the first day on the schedule (14 days on and after July 1, 2020). The work schedule must be posted in a conspicuous and accessible location.
 
The employer must provide a written work schedule that runs through the last date of the posted schedule to:
·       A new employee on or before first day of work; or
·       An existing employee on the first day of work after a leave of absence.
 
The written work schedule must include all work shifts and on-call shifts for the work period.
If the employer requests changes to the written work schedule after the advance notice is given:
 
·       Employer must provide the employee with timely notice of the change; and
·       The employee may decline any work shifts not included in the employee’s written work schedule.
 
At any time after the advance notice has been given, an employee may request in writing that the employer add the employee to work shifts or on-call shifts without penalty to employer.
 
Right to rest between shifts. Unless the employee requests or consents to work such hours, the employer may not schedule or require an employee to work during:
·       The first 10 hours following the end of a previous calendar day’s work or on-call shift; or
·       The first 10 hours following the end of a work or on-call shift that spanned two calendar days.
 
If an employee works during the first 10-hour periods as listed above, the employer must compensate the employee for each hour or portion of an hour that the employee works at the rate of one and one-half times the employee’s regular rate of pay. This premium pay provision does not apply to any hour or portion of an hour worked during which the employee is providing offsite repair assistance to a motorist with a disabled vehicle (roadside assistance).
 
Right to input into work schedule. At time of hire and during employment, an employee may identify any limitations or changes in work schedule availability and may also request not to be scheduled for work shifts during certain times or at certain work locations. While an employer may not retaliate against an employee for making such a request, the employer is under no obligation to grant the employee’s request.
 
Compensation for work schedule changes. An employer is required to provide compensation to an employee for each employer-requested change that occurs to a written work schedule without advance notice (seven days effective July 1, 2018; 14 days starting July 1, 2020), as follows:                                         
·         One hour at the regular rate of pay, in addition to wages earned when the employer:
o   Adds more than 30 minutes of work to the employee’s shift;
 
o   Changes the date or start time or end time of the employee’s work shift with no loss of hours; or
 
o   Schedules the employee for an additional work or on-call shift.
 
·         One-half times the employee’s regular rate of pay, per hour, for each scheduled hour that the employee does not work when the employer:
 
o   Subtracts hours from the employee’s work shift before or after the employee reports for duty;
 
o   Changes the date or start time or end time of the employee’s shift, resulting in a loss of work shift hours;
 
o   Cancels the employee’s work shift; or
 
o   Does not ask the employee to perform work when the employee is scheduled for an on-call shift.
 
  Q. What are the notice and posting requirements?
A. Employers must display a poster, which is developed by the Bureau of Labor and Industries, giving notice of the rights and responsibilities of this law. The poster must be posted in a conspicuous place at the workplace or provided on an individual basis if displaying the poster is not feasible. To access the poster, you may click on our LIST OF ADDITIONAL POSTING REQUIREMENTS then click on your state. All In One Poster Company has provided this list of downloadable notices that may be posted alongside our Oregon and Federal Combination Poster
 
Also, the employer is required to post the written work schedule in a conspicuous and accessible place, in English and in the language the employer typically uses to communicate with the employees.
 
Employers are required to provide employees on a standby list notice of additional hours by:
 
·       In-person conversation;
   
·       Telephone call;
  
·       Email;
  
·       Text message; or
  
·       Other electronic or written format.
   
Q. What if an employee wants to work extra shifts?
 
A. At any time after the advance notice of written work schedule is made, an employee may request in writing that the employer add the employee to more shifts. Changes to the written work schedule resulting from these written requests are not subject to the advance notice requirements of this law.
 
Q. What if an employee asks not to be scheduled?
 
A. An employee may decline any work shifts not included in the employee’s written work schedule and may request, in writing, to be added to one or more work shifts or on-call work shifts. In addition, an employee may request not to be scheduled for work shifts during certain times or at certain locations, but an employer may require the employee to provide reasonable verification of the need for such a request. An employer may not retaliate against an employee for making a request to not be scheduled, but is under no obligation to grant the employee’s request to be taken off shifts.

Final Rule Issued to Improve Tracking of Workplace Injuries and Illnesses

Why is OSHA issuing this rule?

This simple change in OSHA’s rulemaking requirements will improve safety for workers across the country. One important reason stems from our understanding of human behavior and motivation. Behavioral economics tells us that making injury information publicly available will “nudge” employers to focus on safety. And, as we have seen in many examples, more attention to safety will save the lives and limbs of many workers, and will ultimately help the employer’s bottom line as well. Finally, this regulation will improve the accuracy of this data by ensuring that workers will not fear retaliation for reporting injuries or illnesses.

What does the rule require?

The new rule, which takes effect Jan. 1, 2017, requires certain employers to electronically submit injury and illness data that they are already required to record on their onsite OSHA Injury and Illness forms. Analysis of this data will enable OSHA to use its enforcement and compliance assistance resources more efficiently. Some of the data will also be posted to the OSHA website. OSHA believes that public disclosure will encourage employers to improve workplace safety and provide valuable information to workers, job seekers, customers, researchers and the general public. The amount of data submitted will vary depending on the size of company and type of industry.

UPDATED: How will electronic submission work?

OSHA has provided a secure website that offers three options for data submission. First, users are able to manually enter data into a webform. Second, users are able to upload a CSV file to process single or multiple establishments at the same time. Last, users of automated recordkeeping systems will have the ability to transmit data electronically via an API (application programming interface). The Injury Tracking Application (ITA) is accessible from the ITA launch page, where you are able to provide the Agency your 2017 OSHA Form 300A information. The date by which certain employers are required to submit to OSHA the information from their completed 2017 Form 300A is July 1, 2018.

Anti-retaliation protections

The rule also prohibits employers from discouraging workers from reporting an injury or illness. The final rule requires employers to inform employees of their right to report work-related injuries and illnesses free from retaliation, which can be satisfied by posting the already-required OSHA workplace poster. It also clarifies the existing implicit requirement that an employer’s procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage employees from reporting; and incorporates the existing statutory prohibition on retaliating against employees for reporting work-related injuries or illnesses. These provisions become effective August 10, 2016, but OSHA has delayed their enforcement until Dec. 1, 2016.

Compliance schedule

The new reporting requirements will be phased in over two years:

The anti-retaliation provisions become effective August 10, 2016, but OSHA delayed their enforcement until Dec. 1, 2016.

Covered establishments with 250 or more employees are only required to provide their 2017 Form 300A summary data. OSHA is not accepting Form 300 and 301 information at this time. OSHA announced that it will issue a notice of proposed rulemaking (NPRM) to reconsider, revise, or remove provisions of the “Improve Tracking of Workplace Injuries and Illnesses” final rule, including the collection of the Forms 300/301 data. The Agency is currently drafting that NPRM and will seek comment on those provisions.

Establishments with 20-249 employees in certain high-risk industries must submit information from their 2017 Form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2.

See answers to more frequently asked questions on the rule.

Source: http://www.osha.gov (recordkeeping)