Washington Paid Sick Leave Notification Form Now Available

Originally posted by HR360

Model Notice Now Available

Washington has released an employee paid sick leave notification form (“notice”) that is compliant with the state paid sick leave rules.

Notice Requirements
Employers must provide employees with a notice regarding their rights under the sick leave law. The notice may be provided in written or electronic form, and its contents must be made readily available to all employees.

For existing employees (already working before January 1, 2018), the notice must be provided no later than March 1, 2018. For new employees (hired on or after January 1, 2018), the notice must be provided no later than the commencement of employment.

Background
An employer generally must provide each of its employees paid sick leave at the greater of the increased minimum wageor the employee’s normal wage. An employee accrues at least one hour of paid sick leave for every 40 hours workedand may use paid sick leave for certain purposes.

Click here for additional paid sick leave information and resources (e.g., sample policies and FAQs). Additional notice requirements are available by clicking here.

What Is My California Wage Order?

The California Industrial Welfare Commission (IWC) Wage Orders regulate wages, hours, and working conditions.  Employers must comply with the IWC Wage Order and California and Federal labor laws applicable to their business or industry.

For example, IWC Wage Order 1 applies to the manufacturing industry; Wage Order 4 applies to professional, technical, clerical, mechanical and similar occupations; Wage Order 7 applies to the mercantile industry; Wage Order 9 applies to the transportation industry; Wage Order 12 applies to the motion picture industry; Wage Order 14 applies to agricultural occupations; Wage Order 15 applies to household occupations; and Wage Order 16 applies to occupations in the construction, drilling, logging and mining industries.

Here are several things you need to know about the IWC Wage Order:

  • It is required for ALL employers in California to post a copy of the correct IWC Wage Order Poster under Labor Code 1183(d);
  • It is enforced by the California Labor Commissioner’s Office/Division of Labor Standards Enforcement (DLSE);
  • It is the number one required poster on the state’s list of required notices, listed even before the contents of our California and Federal Combination Poster;
  • It states at the very top of the California Minimum Wage notice, “Please post next to your IWC Industry or Occupation Order”.

The California Labor Commissioner’s Office, also known as the Division of Labor Standards Enforcement or DLSE, has created a pamphlet called “WHICH IWC ORDER?  Classifications” to assists employers and employees in determining which IWC Wage Order applies to a business or employee (available at http://www.dir.ca.gov/dlse/WhichIWCOrderClassifications.PDF).

Each California Wage Order covers regulations on topics such as:

  • Administrative, executive and professional exemptions;
  • Overtime wages;
  • Alternative workweeks;
  • Minimum wages;
  • Reporting time pay;
  • Records retention;
  • Cash shortage and breakage;
  • Uniforms and equipment;
  • Meals and lodging;
  • Meal periods;
  • Rest periods; and
  • Required posting of the order.

The Industrial Welfare Commission (IWC) provides 17 different California Wage Orders. However, the DLSE has not made a determination as to who is classified under the 17th Wage Order – Miscellaneous Employees. Every California employer should know the applicable Wage Order for her/his/its business and employees and the regulations regarding wages, hours and working conditions contained therein.

Here is a list of the 16 different IWC Wage Orders, excluding the one for miscellaneous employees.

(1) Manufacturing Industry (9) Transportation Industry
(2) Personal Services
(gyms, hair and nail salons, massage parlor, etc)
(10) Amusement & Recreation Industry (Amusement Parks, Bowling Alleys, Golf Courses, Ski Resorts, etc.)
(3) Canning, Freezing & Preserving Industry (11) Broadcasting Industry
(Broadcasting and Taping, TV and Radio Broadcasting)
(4) Professional, Technical, Clerical, Mechanical, and Similar Occupations
Teachers, Engineers, Real Estate Brokerage, Financial Firms, Legal Firms, Professional Firms, Travel Agencies, Non-Profit, Government Employees, etc.)
(12) Motion Picture Industry
(Film, TV, Video Production, Advertising Films, Casting, Wardrobe and Property Rental for Production, etc.)
(5) Public Housekeeping Industry (Restaurants, Hotels, Hospitals, Nursing Homes, Public Storage, Grounds and Property Maintenance, Schools with Dormitories, etc) (13) Agricultural Products for Market, On The Farm
(packing, processing, slaughtering, nut hulling/shelling/cracking, etc. when done on grower’s own land and product)
(6) Laundry, Linen Supply, Dry Cleaning and Dyeing Industry (14) Agricultural Occupations
(Field Workers, Fish Hatcheries, Wranglers, Cowboys/Cowgirls, etc.)
(7) Mercantile Industry
(purchasing, selling, or distributing goods or commodities at retail or Wholesale, or renting goods or commodities)
(15) Household Occupations
(Day Workers, Employees of private households)
(8) Industries handling products after harvest (not on the farm) (16) On-Site Construction, Mining, Drilling, Landscaping Industry

For the convenience of our valued customers, All In One Poster Company has created an all-in-one version of the California IWC Wage Order Poster, available in a 24″ x 39″ laminated poster format that can be purchased by itself, or as part of our California Packages that include a California & Federal Combination Poster.

Note: California employers must also comply with additional applicable local requirements, which might include city-specific minimum wage requirements that may be higher than the state minimum wage. All in One Posters has created this page that lists some of the major local posting requirements.

This article is intended as a guide in determining the classifications of businesses and occupations under the Industrial Welfare Commission Orders. These guidelines and classifications of employees are general in nature and the existence of specific facts and circumstances of the employment relationship and operations of a particular employer may require a different determination of proper classification that the general one set forth herein. As new types of businesses and occupations are constantly coming
into existence, there undoubtedly are businesses and occupations that have not been included on the state’s classification index. Additionally, as industry practices and business structures evolve, circumstances may dictate the change in classification of a particular occupation from one wage order to another wage order.

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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New Hampshire Law Prohibits Retaliation Based on Flexible Work Schedule Requests

Law Effective September 1, 2016

Under a new law in New Hampshire, an employer may not retaliate against an employee solely because he or she requests a flexible work schedule.

The law does not require an employer to accommodate a flexible work schedule, nor does it create a cause of action for failure to provide a flexible work schedule at an employee’s request.

Note: Employers may have related obligations under other federal, state, and/or local laws, such as the reasonable accommodation requirements of the federal Americans with Disabilities Act or the leave requirements of the federal Family and Medical Leave Act.

The new law is effective September 1, 2016. Click here to read the text of the law.

ORIGINALLY POSTED BY HR360

Rhode Island Law Prohibits Certain Wage Deductions Without Employee Approval

Approval May Be Written or Electronic

Under a new law in Rhode Island, an employer may not deduct or withhold any monies not authorized by federal or state law or by court order from an employee’s wages, without first getting written or electronic approval from the employee.

Permissible Deductions
State law permits employers to make certain deductions from employee wages, including (among other things):

  • Trade union or craft dues or other obligations imposed by a collective bargaining contract;
  • Contributions to a pension plan in which the employee is a participant not required by a collective bargaining agreement entered into between the authorized collective bargaining representative of an employee and his or her employer;
  • Contributions to or for insurance or under an insurance plan for accident, health, or life coverage not required by a collective bargaining agreement entered into between the authorized collective bargaining representative of an employee and his or her employer; or
  • Amounts to be credited to a share, deposit, or loan account in any credit union.

The deductions listed above must be made in accordance with awritten request by the individual employee (see § 28-14-10).

Note: Guidance regarding certain deductions from wages under the federal Fair Labor Standards Act (FLSA) is also available, along with specific guidance on exempt employees. Remember that when state laws differ from the federal FLSA, an employer must comply with the standard most protective to employees (that is, the one that provides the greater benefit to employees).

New Law
Under the new law, an employer may not deduct or withhold any monies not authorized by federal or state law or by court order from an employee’s wages, without first getting written or electronic approval from the employee.

The law is effective as of July 20, 2016. Click here to read the text of the law.

ORIGINALLY POSTED BY HR360

Louisiana: Hotels Required to Display Human Trafficking Poster

Louisiana: Hotels Required to Display Human Trafficking Poster

Law Effective as of August 1, 2016

Under a new law in Louisiana, effective August 1, 2016, each hotel must post information regarding the National Human Trafficking Resource Center hotline in the same location where other employee notices required by state or federal law are posted.

Background 
All of the following establishments are also required to post information regarding the National Human Trafficking Resource Center hotline:

New Law 

  • Each hotel mustpost the information in the same location where other employee notices required by state or federal law are posted.
    • “Hotel” means and includes any establishment (both public and private) engaged in the business of furnishing or providing rooms and overnight camping facilities intended or designed for dwelling, lodging, or sleeping purposes to transient guests.
      • Note: The new law doesnot encompass any hospital, convalescent or nursing home or sanitarium, or any hotel-like facility operated by or in connection with a hospital or medical clinic providing rooms exclusively for patients and their families, nor does it include bed and breakfasts (lodging facility having no more than ten guest rooms where transient guests are fed and lodged for pay) or certain other facilities.
    • Such posting must be no smaller than 8 and 1/2 inches X 11 inches and must contain the following wording in bold typed print of not less than 14-point font: “If you or someone you know is being forced to engage in any activity and cannot leave, whether it is commercial sex, housework, farm work, or any other activity, call the National Human Trafficking Resource Center hotline at 1-888-373-7888 to access help and services.”

Click here to download the poster. Additional requirements are listed in the text of the law.

ORIGINALLY POSTED BY HR360

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.

DOL Revises Federal Minimum Wage and Employee Polygraph Workplace Posters

2016 Federal Banner for Blog
Revised Posters Must Be Posted as of August 1, 2016

The U.S. Department of Labor (DOL) has recently updated its Fair Labor Standards Act and Employee Polygraph Protection Act posters. The new versions are now included in our State & Federal Combination Posters, as well as various versions of our Federal All-In-One Posters.

Background
The federal Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards. Covered nonexempt workers are entitled to at least the federal minimum wage, and overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.

Note: Employers may also have certain obligations under state and/or local laws, including minimum wage and overtime pay requirements. When both the FLSA and a state law apply, the employee is entitled to the most favorable provisions of each law.

The federal Employee Polygraph Protection Act (EPPA) prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test.

Revised Posters
Every employer of employees subject to the FLSA’s minimum wage provisions must post (and keep posted) a notice explaining the law in a conspicuous place in all of their establishments so as to permit employees to readily read it.

Additionally, every employer subject to the EPPA must post (and keep posted) on its premises a notice explaining the law. The notice must be posted in a prominent and conspicuous place in every establishment of the employer where it can readily be observed by employees and applicants for employment.

As of August 1, 2016, employers must post these revised versions. All In One Poster Company has revised all posters containing these notices as of July 29, 2016.