Are you ready to stay in compliance?

Preorder your labor law posters now to comply with the 2019 new regulations. Below is a list of the state updates:

STATE NOTICE Revision
AK Minimum Wage Minimum wage goes up from $9.84 to $9.89 effective January 1, 2019.
AR Minimum Wage
AZ Minimum Wage Minimum wage goes up from $10.50 to $11.00 effective January 1, 2019.
CA Family Care and Medical Leave and Pregnancy Disability Leave The DFEH is considering changes to the CFRA Act to add New Parental Leave Act.
Discrimination and Harassment SB 1343 requires employers with five or more employees to provide antiharassment training to
nonsupervisory employees as well as supervisors. Previously the training requirement applied to
employers with at least 50 employees,
Minimum Wage Minimum wage goes up from $10.50 to $11 for 1-25 employees and $11 to $12 for 26+ employees effective January 1, 2019.
IWC Wage Orders (Separate Poster) The Wage Orders will be updated to reflect the new minimum wage rate.
CO Minimum Wage Minimum wage goes up from $10.20 to $11.10 effective January 1, 2019.
DE Minimum Wage Minimum wage goes up from $8.25 to $8.75 effective January 1, 2019.
FL Minimum Wage Minimum wage goes up from $8.25to $8.46 effective January 1, 2019.
HI Discrimination SB 2351 amends Hawaii’s discrimination statute to prohibit employers from asking applicants about salary history.
IL ISERRA Illinois Service Member Employment & Reemployment Rights Act which “clarifies and strengthens” existing laws to ensure
service members’ employment and rights protection while fulfilling military requirements.
LA Earned Income Credit The income limit information will be updated for 2019.
MA Minimum Wage Minimum wage goes up from $11 to $12 effective January 1, 2019.
ME Minimum Wage Minimum wage goes up from $10 to $11 effective January 1, 2019.
MI Minimum Wage Minimum wage goes up from $9.25 to $10 effective January 1, 2019.
MN Minimum Wage Minimum wage goes up from $8.31 to $9.30 effective January 1, 2019.
MO Minimum Wage Minimum wage goes up from $7.85 to $8.60 effective January 1, 2019.
MT Minimum Wage Minimum wage goes up from $8.30 to $8.50 effective January 1, 2019.
NE Unemployment Changes to the state’s Unemployment Insurance law may bring a mandatory poster change.
NJ Minimum Wage Minimum wage goes up from $8.60 to $8.85 effective January 1, 2019.
NY Minimum Wage Minimum wage goes up from $10.40 to $11.10 effective December 31, 2018.
OH Minimum Wage Minimum wage goes up from $8.30 to $8.55 effective January 1, 2019.
RI Minimum Wage Minimum wage goes up from $10.10 to $10.50 effective January 1, 2019.
SD Minimum Wage Minimum wage goes up from $8.85 to $9.10 effective January 1, 2019.
VT Minimum Wage Minimum wage goes up from $10.50 to $10.78 effective January 1, 2019.
WA Minimum Wage Minimum wage goes up from $11.50 to $12 effective January 1, 2019.

Wordpress Blog 2019

Cal/OSHA Emergency Regulation Approved: Certain Employers Must Electronically Submit Form 300A on Occupational Injuries and Illnesses

News Release No.: 2018-90                                             Date: November 6, 2018

Oakland—Cal/OSHA’s emergency regulations requiring certain employers in California to electronically submit each year their Form 300A summaries of work-related injuries and illnesses to federal OSHA have been approved by the Office of Administrative Law (OAL).

The following employers must submit online the Form 300A covering calendar year 2017 by December 31, 2018:

  • All employers with 250 or more employees, unless specifically exempted by section 2 of Title 8 of the California Code of Regulations.
  • Employers with 20 to 249 employees in the specific industries listed in Appendix H of the emergency regulations.

Employers described above that are now required to submit their 300A summaries online each year should follow the instructions on federal OSHA’s Injury Tracking Application webpage.

Cal/OSHA will proceed with the formal rulemaking process to make the emergency regulations permanent by submitting the required documentation to OAL. The rulemaking process will include a public comment period and public hearing. The dates for the comment period and public hearing will be posted on Cal/OSHA’s proposed regulation page.

The California Division of Occupational Safety and Health, or Cal/OSHA, is the division within the Department of Industrial Relations (DIR) that helps protect California’s workers from health and safety hazards on the job in almost every workplace.

Cal/OSHA’s Consultation Services Branch provides free and voluntary assistance to employers to improve their safety and health 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). Complaints can also be filed confidentially with Cal/OSHA district offices.

 

ORIGINALLY POSTED BY DIR. CA.GOV

PREORDER YOUR 2019 LABOR LAW POSTERS

All In One Poster Company will begin taking pre-orders for 2019 labor law posters starting today, November 1st, 2018.

Orders placed on or after November 1st will automatically be on hold. Actual poster shipment will vary by state and can range between December to January based on when the state releases the update.

Our State & Federal Combination poster consists of both State aNew York 2006 FedOSHAnd Federal required notices with the exception of specific industries/cities notices which you can purchase separately. You may opt to purchase the Stand Alone posters which does not include any replacement poster for future updates or you may purchase our subscription plans.

Our State and Federal Combination Poster Subscription Plan was developed to cater to time-constrained Human Resource professionals interested in hassle-free compliance good for one, two or three years. During the entirety of the subscription plan, companies and individuals will automatically receive a BRAND NEW updated Combination Poster (not a sticker, printout, or email) when a mandatory change occurs in either the State or Federal laws. Only the initial shipping cost is billed to you whether you choos

e to go with a 1, 2 or 3 year program, which makes the 3-year option the most cost effective. The plan will commence on the date of purchase and will expire exactly 1, 2, or 3 years from that date.

Enrollment in our Compliance Program subscription

plans works like insurance. It is a prepaid plan. We cannot guarantee that mandatory changes will occur within the duration of any enrollment period, but the plan does guarantee that you receive a replacement poster when they do occur, regardless of how often they occur. Absolutely no refunds will be given after 30 days of purchase.

The pricing you see is for one (1) poster + compliance program only. The pricing is already inclusive of the initial poster. There is no need to purchase a separate standalone poster. If you require a Spanish version, you will need to purchase this separately.

If you are a Federal Contractor, we also offer posters with your additional posting requirements. Our Federal Contractor Package is a 2 part-poster panel that was created especially for Federal Contractors and Sub-Contractors to fulfill compliance posting requirements for both the State and Federal laws

Contact us to purchase your compliance posters at 714-521-7720 or you may go to our website at www.allinoneposters.com

 

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

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

DOL Replaces Guidance on Employee Classification

The U.S. Department of Labor (DOL) has withdrawn its 2014 guidance regarding the meaning and scope of the term “employment relationship” under the federal Fair Labor Standards Act (FLSA) and replaced it with its guidance from 2008. As a result of this move, the DOL no longer advises that “most workers are employees.”

Withdrawn 2014 Guidance
In 2014, the DOL issued guidance on how to determine whether an employment or independent contractor relationship exists for purposes of the federal FLSA. The guidance stated, among other things, “Applying the FLSA’s definition [of “employ”], workers who are economically dependent on the business of the employer, regardless of skill level, are considered to be employees, and most workers are employees.” Effective immediately, this guidance has been withdrawn.

2008 Guidance Once Again Effective
The 2014 guidance has been replaced by guidance from 2008. The 2008 guidance does not contain the guidance that “most workers are employees.” However, this guidance does include the same “economic realities” test present in the 2014 guidance, under which determination of employee status is made by considering the following factors:

  • Whether the work performed is an integral part of the employer’s business.
  • Whether the worker’s managerial skill affects the worker’s opportunities for profit or loss.
  • The worker’s relative investment compared to the employer’s investment.
  • Whether work performed requires special business skills, judgment, and initiative.
  • Whether the worker-employer relationship is permanent or indefinite.
  • The nature and degree of the employer’s control of the work.
Originally posted by HR360