California July 2018 Labor Law Updates

With ever-changing labor law posting requirements, and with the constant addition of new local ordinances that also require posters, we understand the difficulty in keeping up with the trend. For your convenience, All In One Posters has dedicated a page on our website that lists some of the major additional required notices arranged by state. Some are available for purchase, but most are downloadable at no cost to you. Click on the link below for further details:

http://www.allinoneposters.com/Specific-City-and-Industry-Notices *

*Updated with the latest changes that will take effect July 1st 2018 for certain California localities.

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.

 

Rhode Island: Mandated Short Term Disability Rates Increase

Weekly Maximum and Minimum Benefit Rates Increase

Rhode Island has announced that its weekly maximum and minimum short term disability rates have increased.

Background
Rhode Island’s temporary disability insurance program provides income support to individuals who are out of work because of a non-work related illness or injury. To be eligible, an individual must meet certain earnings requirements and be medically certified by a qualified health care provider as unable to work.

An individual’s weekly benefit rate will be equal to 4.62% of the wages paid in the highest quarter of his or her base period.

Updated Rates
For claims with a “Benefit Year Begin Date” of July 3, 2016 or later,$89.00 is the minimum benefit rate and $817.00 is the maximum benefit rate. This does not include dependency allowance. The weekly benefit rate remains the same throughout the entire benefit year.

Click here for more information on Rhode Island’s temporary disability program.

Originally Published by HR 360, Inc.

PHILADELPHIA’S WAGE THEFT ORDINANCE: WHAT YOU NEED TO KNOW

wagetheft-864x486

PHILADELPHIA – July 6, 2016 – Passed last fall by City Council, Philadelphia’s new ordinance to provide means and procedures for wage theft complaints took effect on July 1, 2016. Employees can now file official wage theft complaints with the City’s Wage Theft Coordinator.

wage-theft-poster-page-001-232x300

Please click here to know about the new ordinance.

 

San Francisco: Minimum Wage Rises to $13.00 Per Hour on July 1, 2016

As a reminder, the San Francisco minimum wage will rise to $13.00 per hour san-francisco-ordinances-non-laminated-minimum-wage-paid-sick-hcso-fair-chance-family-friendly-imagebeginning July 1, 2016. A new poster reflecting the updated rate (in multiple languages) is now available by clicking here.

Future Minimum Wage Increases in San Francisco
Additional raises are expected according to the following schedule:

  • $14.00 per hour beginning on July 1, 2017;
  • $15.00 per hour beginning on July 1, 2018; and
  • Increased annually by an amount corresponding to the prior year’s increase (if any) in the Consumer Price Index beginning on July 1, 2019.

Click here for more information.

ORIGINALLY POSTED BY HR360

Univ. of California system raises minimum wage to $13 an hour

University of California CollageThe first phase of a law that will eventually boost the minimum wage of all University of California employees to $15 an hour went into effect on Thursday.

The UC system is the first in the country to voluntarily create a plan for a $15 minimum wage, according to a university statement emailed on Thursday.Now, all university employees working 20 or more hours per week will earn at least $13 an hour. That wage is expected to increase to $14 an hour on Oct. 1 of 2016 and reach its target of $15 an hour on Oct. 1 the following year.

According to the UC website, the system employs 190,000 workers, though only a small fraction of workers will benefit from the program as the program only impacts those workers receiving an hourly wage.

According to NPR, the full policy is set to affect 3,200 employees in the University of California system. However, the total number affected could actually be higher, as any third party contracted by UC for services will earn the required wage, also according to the system’s website.

LOS ANGELES, CA - JULY 15:  University of California employees represented by the Union Coalition demonstrate in front of UCLA Ronald Reagan Medical Center to call on University of California executives take a pay cut instead of reducing services to patients, cutting employee hours and increasing student tuition on July 15, 2009 in the Westwood area of Los Angeles, California. As California continues to make history drastic cuts to state funds to get a handle on the state budget crises, union officials say that UC administrators have declined to give them budget information that shows reduced hours and services are needed. Pending reductions in work hours and services may affect as many as 150,000 public employees at all 10 University of California campuses.   (Photo by David McNew/Getty Images)

LOS ANGELES, CA – JULY 15: University of California employees represented by the Union Coalition demonstrate in front of UCLA Ronald Reagan Medical Center to call on University of California executives take a pay cut instead of reducing services to patients, cutting employee hours and increasing student tuition on July 15, 2009 in the Westwood area of Los Angeles, California. As California continues to make history drastic cuts to state funds to get a handle on the state budget crises, union officials say that UC administrators have declined to give them budget information that shows reduced hours and services are needed. Pending reductions in work hours and services may affect as many as 150,000 public employees at all 10 University of California campuses. (Photo by David McNew/Getty Images)

“This is the right thing to do — for our workers and their families, for our mission and values, and to enhance UC’s leadership role by becoming the first public university in the United States to voluntarily establish a minimum wage of 15 dollars,” UC President Janet Napolitano said when the plan was first announced.

The UC system’s website states the school will fund the cost of the extra wages through “non-core funds, including sales and revenue,” which will not include tuition or state resources. Employees can report wage or working conditions via a hotline, an online complaint system or periodic and annual audits.

The move comes in the midst of a national debate about the value of a minimum wage increase.

Michael Schramm is a student at the University of Michigan and USA TODAY College breaking news correspondent.

San Jose Minimum Wage Not Going Up In 2016 Due To Consumer Price Index Drop

SAN JOSE (KPIX 5) – Thousands of people who in San Jose who earn minimum wage thought they would be getting a raise on January 1st. But a lower Consumer Price Index means their wages will stay at $10.30 an hour next year.
//geo.moatads.com/n.js?ud=4&up=0&qa=1920&qb=1080&qc=953&qd=77&qf=958&qe=962&qh=974&qg=1047&qi=1920&qj=1040&qk=0&ql=7%5BLy)rXXRG%3A%3AJMhSA%5DB&qm=420&qn=6OZw%3DoHB%2CEF%3FKC1I%3Cq.bWoCSV2W0Su*TDXlCfX2iR2%25(GyHN%3DI(%2C%3Ba15lK1t!9ZpAH..4iwM%25z4mc4djG%3D_11%5Dz(m3%7CuK9~P%5DDohjO%7BcEKHD%40%404KrD(KA.E%24C%23I%3BC%2FVKw(%24Y4%5D%2B)%60K%3A%3A%2FAwJ_%5B%259%5BHhUKF%5EhcIR%23%250R_AkgM%3DKB.WeMBC.F%5BNVfBB2%2B%7BLT6UB*SC%7Dq.U%3DKc%2C%5BH%3C!%2F%40Ek8R44lEZ%2F%7B!MVoId9IUjDux1bWumA8p5pb%25F3%2FNdLlDP2%2Fh%7C%3FW390UYcRW!_vvWUuR%2320*8bj(GNK%3AaooxD.(%3DN4kl%2FNEXo*XsVv%5E%258Ks.%3E%24b_oui3%25yBOy7jmPTg%26BT%23p!V%25m9%3Fi%3C%3FdKHapzrIw(%60*MVu%2Fs1S*qks!o%7B25jAbj19SUF%60(a~M%3Ai%60K%25_9.rV0%2F%60E%60%60vp%24%26x%5EF.bjF%3D%3C1.(ekO2m%2F%26u~q%60RP%3CG.ce%5Dv2%2B4YejI%3Def%25.YeG&qo=0&qp=00001&qq=000001000011&qr=0&qt=0&na=c%3CdEAkT%23s1Zt%3DN%7BQe%3FSF2i2!7IA.kk%7CQz%22%3DN%7BQe%3FSF2i2!7IY&callback=MoatSuperV10.gna5838

Emma Sanchez is among those earning minimum wage in San Jose. When asked how she tries to make ends meet, Sanchez said, “Stretch it out. It’s really hard.”

The mother of four said she is sometimes unable to pay her bills. “It’s , extra hours extra shifts,” Sanchez said. “You know, pulling ends here and there to do what you got to do just to make ends meet.”

San Jose voters passed an ordinance two years ago that allows for a jump in minimum wage if the Price Index goes up. But in the last 12 months, the CPI went down, because gas prices took a drop in August.

Although Sanchez lives in one of the most expensive cities in the country, the CPI is a U.S. city average.

“It’s not fair,” Sanchez said. “It’s getting harder and harder and minimum wage is not going to cut it anymore.”

Mayor Sam Liccardo said, “The mechanical of the existing ordinance is not helping.”

Liccardo said he wants to see an increase in minimum wage throughout Santa Clara County.

“There’s no question that the minimum wage at its current level is not enough to enable anyone to survive in this valley,” the mayor told KPIX 5.

For thousands like Sanchez, every penny counts when you’re making minimum wage. She said any increase in pay would help.

“It would help. It would extremely help not only me as a single mother but a lot of people it would help,” Sanchez said.

This is the first time since the ordinance was passed that the minimum wage has not gone up.

ORIGINALLY POSTED BY CBS SAN FRANCISCO

Palo Alto prepares to raise minimum wage

City Council to consider plan to set local rate at $11 per hour, with a view toward $15 in 2018

Palo Alto is a relative latecomer when it comes to establishing a minimum wage, but a new proposal that the City Council is set to discuss Monday, Aug. 24, looks to place the city ahead of the regional pack.

The council will consider a proposal that would set the local minimum wage at $11 an hour starting in 2016 and put the city on a path to see the figure rise to $15 by 2018. The plan, which was crafted and unanimously endorsed by the council’s Policy and Services Committee in April, would align the city with a broader push across the state to raise the minimum wage.

The California minimum wage is set to rise from $9 to $10 per hour in January 2016, though cities from across the state are moving ahead with their own local laws that go beyond this standard.

San Jose voters led the way by adopting a minimum-wage ordinance in 2013, with the hourly rate currently set at $10.30 and tied to consumer price index (CPI) increases. San Francisco followed suit last November with an even more aggressive proposal, one that increased the wage to $12.25 on May 1 and that gradually raises to $15 by July 2018.

Berkeley, Emeryville, Richmond, Oakland, San Diego, Los Angeles and San Diego have all adopted minimum-wage ordinances in recent years, with varying amounts and adjustment mechanisms. In Santa Clara County, the cities of Campbell, Morgan Hill and Santa Clara are now considering such ordinances.

Palo Alto’s new law is modeled in many ways after those of its neighbors, namely Mountain View and Sunnyvale. Councils in both cities adopted ordinances last October that set the minimum wage at $10.30, effective July 1 of this year. The ordinances also call for annual adjustments in the minimum wage, based on the CPI.

Mountain View, like San Francisco, has also embarked on the “$15 by ’18” path, which Palo Alto also plans to follow.

Though Palo Alto has only recently started exploring a local minimum-wage ordinance, it is moving fast. The topic came up during a debate before last November’s council election, with just about every candidate enthusiastically endorsing a higher minimum wage. In February, four council members formally sparked the move in a colleague’s memo that proposed a local minimum wage.

Councilmen Marc Berman, Pat Burt, Tom DuBois and Cory Wolbach cited the high cost of living in Palo Alto and noted that if the minimum wages were adjusted based on local cost of living, they “would be considerably higher in Palo Alto and the Peninsula than most elsewhere in the state.” The memo called the proposed minimum-wage ordinance “a modest but constructive step toward providing adequate income for all workers.”

“Our lowest wage workers perform valued services in Palo Alto and often have to work multiple jobs with long commutes to barely make ends meet,” the memo states. “A local minimum wage would be a modest step in supporting these workers who are vital to maintaining the services we value and that are essential to our local economy. In addition, the strength of our community and society relies on maintaining a level of economic fairness and opportunity for all.”

While most cities are focusing on their own particular minimum-wage ordinances, others are building coalitions and calling for more coordination. In June, the mayors of Mountain View and Sunnyvale co-wrote a letter to their counterparts in Palo Alto and Campbell (which is also pursuing a minimum-wage ordinance) urging a “joint approach” to reaching the $15-per-hour standard.

“Raising the minimum wage to $15 by 2018 will … help lift working families out of poverty,” Mountain View Mayor John McAlister and Sunnyvale Mayor Jim Griffith wrote in the letter. “With more income, minimum-wage workers would have more spending power and inject more money into the local economy, which would benefit businesses through increased sales and local governments through increased sales-tax revenue.”

McAlister also serves on the Cities Association of Santa Clara County subcommittee that focused on the minimum wage and that in June released a report calling for better regional coordination of these efforts.

“A lack of consistency in minimum wage rates creates serious problems for jurisdictions, locations, and employers,” the subcommittee wrote, noting that differences in minimum-wage requirements can affect the city’s economic competitiveness. “Additionally, jurisdictions have already received reports from employers in Santa Clara County stating that cities without an increased minimum wage are losing quality employees to opportunities in cities with higher minimum wages.”

If the Palo Alto City Council embraces the specific recommendations from its committee, the city’s minimum wage would hit the $11 mark in January, exceeding the $10.30 levels in Mountain View and the state threshold of $10.

It would be adjusted every year based on cost of living and it would cover employers who are either subject to the city’s business registry requirements, conduct business in Palo Alto or maintain a business facility in the city, according to a new report from the Office of the City Attorney. The city also plans to enter into an agreement with the City of San Jose Office of Equality Assurance to enforce the local ordinance, a similar arrangement to the one that the office enjoys with Mountain View and Sunnyvale.

Palo Alto’s proposed ordinance also expressly prohibits retaliation against employees who complain about an employer who doesn’t comply with the law. Violators could face an daily fine, an administrative compliance order or, in the most extreme cases, a civil action launched by the city for injunctive relief.

In the lead-up to the final decision, the city is surveying local residents and businesses to get their thoughts on raising the minimum wage (the survey can be accessed at here). The city also asked residents on its online forum, Open City Hall, what they think about the proposal and received 52 responses, with about two-thirds saying they are in favor of the proposal.

Those supporting the change cited the high cost of living in Palo Alto and the need to support people who work here. Barron Park resident Joel Davidson wrote on the forum that at least a $15 wage is “necessary in this area of opulence and high rents and prices.” Alexandra Acker-Lyons of Palo Verde concurred and said living in Palo Alto or anywhere near the city is “prohibitively expensive.”

Opponents characterized the plan as well-meaning but ultimately misguided. Darryl Fenwith of Downtown North wrote on the city’s forum that while it would be nice to find a way to help low-skilled workers live in high-priced areas like Palo Alto, raising the minimum wage could actually hurt workers by “denying them employment opportunities, reducing work hours, or being dismissed from employment.” While raising the minimum wage may hurt some, it would hurt others, Fenwith wrote.

“And really, these conclusions make sense — employers react to price signals,” Fenwith wrote. In essence, they see a raise in minimum wage as equivalent to a tax on low-skilled workers.”

by Gennady Sheyner / Palo Alto Weekly

New York City Enacts Ban-the-Box Legislation

New York City has adopted an ordinance restricting when employer inquiries about applicants’ criminal histories may be made during the application process and imposing significant obligations on employers who intend to take action based on such information.

The Fair Chance Act ordinance will become effective on October 27, 2015, 120 days after Mayor Bill de Blasio signed the bill on June 29.

Similar to other ban-the-box laws, the ordinance generally prohibits an employer with at least four employees from making an inquiry about an applicant’s pending arrest or criminal conviction record until after a conditional offer of employment has been extended. Limited exceptions are provided.

Under the ordinance’s definition of inquiry, employers are prohibited not only from asking an applicant prohibited questions — verbally or in writing — but also are prohibited from searching publicly available sources to obtain information about an applicant’s criminal history.

Exceptions

The main exception applies when an employer, under applicable federal, state, or local law, is required to conduct criminal background checks for employment purposes or to bar employment in a particular position based on criminal history.

Other exceptions remove prospective police officers, peace officers, and law enforcement agency and other law-enforcement-related employees from coverage. Therefore, these are unlikely to affect positions and employers in the private sector.

Notification Process

Employers who make inquiries into an applicant’s criminal history after a conditional offer of employment has been extended and determine that the information warrants an adverse employment action must follow a rigorous process. Specifically, employers must:

  1. Provide the applicant with a “written copy of the inquiry” which complies with the City’s Commission on Human Rights’s required (but not-yet-issued) format;

  2. Perform the analysis required by Article 23(a) of the New York Correction Law, “Licensure and Employment of Persons Previously Convicted of One or More Criminal Offenses”;

  3. Provide the applicant with a copy of its analysis, also in a manner which complies with the Commission’s required format, which includes supporting documents and an explanation of the employer’s decision to take an adverse employment action; and

  4. Allow the applicant at least three business days to respond to the written analysis by holding the position open during this time.

Of course, for employers who conduct background checks through consumer reporting agencies, if such information is obtained from a background check, the above process must be integrated with the Fair Credit Reporting Act (FCRA) pre-adverse action requirements.

Originally posted by The National Law Review

CITY OF PHILADELPHIA PAID SICK LEAVE