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

 

Oregon Employers To Begin Withholding Statewide Transit Tax July 1, 2018

On July 1, 2018, employers must start withholding its Statewide Transit Tax (one-tenth of 1%) from the wages of Oregon residents (regardless of where the work is performed) and nonresidents who perform services in Oregon.

Oregon has released the following forms for employers regarding its new tax:

Click here for additional forms and resources, including transit tax guides and calendars.

Oregon employers are responsible for withholding the tax from employees’ wages; reporting taxes withheld on a quarterly or annual return; remitting taxes withheld quarterly or annually; and reconciling quarterly or annual reports on the annual reconciliation return. Click here for specific details and deadlines.

Massachusetts Pregnant Workers Fairness Act Takes Effect April 1, 2018

The Pregnant Workers Fairness Act amends the current statute prohibiting discrimination in employment, G.L. c. 151B, §4, enforced by the Massachusetts Commission Against Discrimination (MCAD).

The Act, effective on April 1, 2018, expressly prohibits employment discrimination on the
basis of pregnancy and pregnancy-related conditions, such as lactation or the need to express breast milk for a nursing child. It also describes employers’ obligations to employees that are pregnant or lactating and the protections these employees are entitled to receive. Generally, employers may not treat employees or job applicants less favorably than other employees based on pregnancy or pregnancy-related conditions and have an obligation to accommodate pregnant workers.

Under the Act:

  • Upon request for an accommodation, the employer has an obligation to communicate with the employee in order to determine a reasonable accommodation for the pregnancy or pregnancy-related condition. This is called an “interactive process,” and it must be done in good faith. A reasonable accommodation is a modification or adjustment that allows the employee or job applicant to perform the essential functions of the job while pregnant or experiencing a pregnancy-related condition, without undue hardship to the employer.
  • An employer must accommodate conditions related to pregnancy, including post-pregnancy conditions such as the need to express breast milk for a nursing child, unless doing so would pose an undue hardship on the employer. “Undue hardship” means that providing the accommodation would cause the employer significant difficulty or expense.
  • An employer cannot require a pregnant employee to accept a particular accommodation, or to begin disability or parental leave if another reasonable accommodation would enable the employee to perform the essential functions of the job without undue hardship to the employer.
  • An employer cannot refuse to hire a pregnant job applicant or applicant with a pregnancy-related condition, because of the pregnancy or the pregnancy-related condition, if an applicant is capable of performing the essential functions of the position with a reasonable accommodation.
  • An employer cannot deny an employment opportunity or take adverse action against an employee because of the employee’s request for or use of a reasonable accommodation for a pregnancy or pregnancy-related condition.
  • An employer cannot require medical documentation about the need for an accommodation if the accommodation requested is for: (i) more frequent restroom, food or water breaks; (ii) seating; (iii) limits on lifting no more than 20 pounds; and (iv) private, non-bathroom space for expressing breast milk. An employer, may, owever, request medical documentation for other accommodations.
  • Employers must provide written notice to employees of the right to be free from discrimination due to pregnancy or a condition related to pregnancy, including the right to reasonable accommodations for conditions related to pregnancy, in a handbook, pamphlet, or other means of notice no later than April 1, 2018.
  • Employers must also provide written notice of employees’ rights under the Act: (1) to new employees at or prior to the start of employment; and (2) to an employee who notifies the employer of a pregnancy or a pregnancy-related condition, no more than 10 days after such notification.

As of today, there has not been any mandatory posters associated with this update that will be included in our posters. All in One Poster Company will continued to monitor this labor law update.

The foregoing is a synopsis of the requirements under the Act, and both employees and employers are encouraged to read the full text of the law available on the General Court’s website here:
https://malegislature.gov/Laws/SessionLaws/Acts/2017/Chapter54.

If you believe you have been discriminated against on the basis of pregnancy or a pregnancy-related condition, you may file a formal complaint with the MCAD. You may also have the right to file a complaint with the Equal Employment Opportunity Commission if the conduct violates the Pregnancy Discrimination Act, which amended Title VII of the Civil Rights Act of 1964. Both agencies require the formal complaint to be filed within 300 days of the discriminatory act.

Originally published by MCAD

Beware of Scam Targeting Small Businesses through Mailers and “Inspectors”

All In One Poster Company

Inspector and Mailer Heading PhotoAll in One Poster Company, Inc would like to warn its customers as well as other small business owners to avoid mass mailer scams informing them that their labor law posters are outdated while pressuring them to purchase an overpriced product for their employee and business.

These mailers are false, misleading, deceptive and even threatening. As a part of this scam, business owners are demanded to pay varying amounts that range from $65 to $285 or face fines up to $17,000.

One mailer is marked with the company name “Corporate Compliance Services” and labeled “Labor Law Compliance Request Form.” Several businesses who receive these notices are just starting up and have yet to have any employees, and therefore are not required to post such information. Even when posting is required, the individual notices are provided at no charge by the U.S. Department of Labor as well as various agencies within…

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State Minimum Wages Set to Increase for 2017

New State Minimum Wages

The minimum wage will rise in a number of states next year. Unless otherwise noted, the following minimum wage rates (per hour) are scheduled to become effective on January 1, 2017:

  • Alaska: $9.80
  • Arizona: $10.00
  • Arkansas: $8.50
  • California: $10.50 for employers with 26 or more employees (for smaller employers, the rate remains $10.00)
  • Colorado: $9.30
  • Connecticut: $10.10
  • District of Columbia: $12.50, beginning July 1, 2017 ($3.33 for tipped employees)
  • Florida: $8.10 ($5.08 for tipped employees)
  • Hawaii: $9.25
  • Maine: $9.00
  • Maryland: $9.25, beginning July 1, 2017
  • Massachusetts: $11.00 ($3.75 for tipped employees)
  • Michigan: $8.90 ($3.38 for tipped employees)
  • Missouri: $7.70 ($3.85 for tipped employees)
  • Montana: $8.15
  • New Jersey: $8.44
  • New York: $9.70, beginning December 31, 2016 ($11.00 for employers in NYC with 11 or more employees; $10.50 for employers in NYC with 10 or fewer employees; $10.00 for Long Island & Westchester; $10.75 for fast food employees outside of NYC; $12.00 for fast food employees within NYC)
  • Ohio: $8.15 ($7.25 for employees at certain smaller companies, and for 14- and 15-year-olds; the wage rises to $4.08 for tipped employees)
  • Oregon: $10.25, beginning July 1, 2017 ($11.25 for employees working within the urban growth boundary of a metropolitan service district; $10.00 in nonurban counties)
  • Rhode Island: $3.89 for tipped employees (for non-tipped employees, the $9.60 minimum wage rate remains unchanged)
  • South Dakota: $8.65 ($4.325 for tipped employees)
  • Vermont: $10.00
  • Washington: $11.00

Be sure to comply with any city or other local wage requirements (which may be higher than the state or federal minimum wage) that may apply to your business.

ORIGINALLY POSTED BY HR360.COM

Washington Voters Approve Minimum Wage Increases and Paid Sick Leave

Minimum Wage Increases Begin January 1, 2017

Voters in Washington State have approved a ballot initiative that raises the state minimum wage and requires paid sick leave.

Minimum Wage
Under the initiative, the minimum wage will rise as follows:

  • Beginning January 1, 2017: $11.00 per hour.
  • Beginning January 1, 2018: $11.50 per hour.
  • Beginning January 1, 2019: $12.00 per hour.
  • Beginning January 1, 2020: $13.50 per hour.
  • Beginning January 1, 2021 (and each following January 1st), the minimum wage will be adjusted for inflation.

Note: An employer must pay to its employees all tips and gratuities and all service charges (except those that are itemized as not being payable to the employee(s) servicing the customer). Tips and service charges paid to an employee are in addition to (and may not count towards) the employee’s hourly minimum wage.

Paid Sick Leave
Beginning January 1, 2018, every employer must provide each of its employees paid sick leave (at the greater of the newly increased minimum wage or the employee’s normal wage). Highlights of the law are presented below:

  • An employee will accrue at least one hour of paid sick leave for every 40 hours worked.
  • An employer may provide paid sick leave in advance of accrual, provided that such front-loading meets or exceeds the requirements of the law for accrual, use, and carryover of paid sick leave.
  • An employee is authorized to use paid sick leave for (among other things) an absence resulting from the employee’s mental or physical illness, injury, or health condition, or to allow the employee to provide care for a family member with a mental or physical illness, injury, or health condition.
  • Unused paid sick leave carries over to the following year, except that an employer is not required to allow an employee to carry over paid sick leave in excess of 40 hours.
  • The initiative generally does not require an employer to provide financial or other reimbursement for accrued and unused paid sick leave to any employee upon his or her termination, resignation, retirement, or other separation from employment.

Click here to read the initiative.

ORIGINALLY POSTED BY HR360.COM

Colorado Voters Approve Minimum Wage Increases

Increases Begin January 1, 2017

Voters in Colorado have approved an initiative that raises the state minimum wage. Under the initiative, Colorado’s minimum wage is increased to $9.30 per hour (from $8.31 per hour), effective January 1, 2017.

Additionally, the minimum wage is increased annually by $0.90 each January 1 until it reaches $12.00 per hour (effective January 2020). After that, the minimum wage is adjusted annually for cost of living increases.

Note: No more than $3.02 per hour in tip income may be used to offset the minimum wage of employees who regularly receive tips.

Click here to read the initiative.

ORIGINALLY POSTED BY HR360.COM