The decision to terminate an employee is often a difficult one.  Whether due to finding a replacement, the stress and aggravation the employee situation has become, or due to the potential exposure and liability you could face if the separation is not handled correctly.  However, by ensuring that you have taken into consideration 5 important issues when making the termination decision, you can proceed with the separation, in a fair and consistent manner which best protects your organization.  Is the Decision Justified and Not A surprise to the employee? To protect the organization as well as to avoid turnover whenever... READ MORE

Every California employer is required to display current California and Federal Labor Law postings at each company facility; physically posted in conspicuous places in the workplace, such as break rooms or other common areas, where employees can easily read them. Remote Employees: In addition to physical postings at the company facility, employers with remote employees who work entirely from home, must mail hard copies of the required employment notices to the employees homes where they can be posted. If the remote workers periodically report to a physical location, notices must also be posted and visible in that location.  Employers have... READ MORE

The Governor has signed into law several new pieces of legislation effective January 1, 2022.   Here are the changes that impact your business. Minimum Wage Increase in California Minimum wage for California workers of Employers with 26 or more employees will increase to $15.00 per hour.  For employers with 25 or fewer employees, minimum wage will be $14.00 per hour. Note that for the City of Los Angeles, minimum wage is $15.00 per hour regardless of the employer’s size. (Related Article: Be sure to read about required California and Federal Labor Law Postings and how it includes remote employees... READ MORE

The EEOC (Equal Employment Opportunity Commission) has provided guidance on handling employee requests for exemptions from the Covid-19 vaccination mandate noting that employees must inform their employer of their request for exemption if there is a conflict between their “sincerely held religious belief” and the employer’s Covid-19 vaccination requirement.  Employers should provide information to employees about the application procedures and who to contact to request religious accommodation. Employers should assume that such a request is based on a sincerely held religious belief, but if an objective basis is held for questioning the sincerity of the request or belief, employers may... READ MORE

Based on the current laws in place, it’s critical that employers are properly classifying individuals providing services as either employees or independent contractors. Generally speaking, if the business has the right to control the details of how the worker’s services are performed or when and how they will be done, that individual is considered an employee. Whereas, an independent contractor is typically an individual in an independent business, profession or trade who offers their services to the public.  The relationship between the worker and the business can be established by looking at the following categories:  Does the company control or... READ MORE

The Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) issued a safe harbor allowing employers to exclude certain items from their gross receipts solely for determining eligibility for the Employee Retention Credit (ERC). The ERC is a refundable payroll tax credit available to eligible employers whose operations were fully or partially suspended due to a COVID-19 shutdown. Employers may be eligible for the ERC if its gross receipts for a calendar quarter decline by a certain percentage when compared to a prior calendar quarter. This safe harbor permits employers to exclude certain stimulus proceeds from gross receipts... READ MORE

Paid sick and family leave tax credits under the American Rescue Plan Act of 2021 (ARP) are available to eligible employers for providing leave to employees to accompany a family member, household member or certain other individuals to obtain or recover from the COVID-19 immunization. Eligible employers can tax credits for the cost of providing paid sick and family leave for reasons related to COVID-19 including qualified leave wages and certain other wage-related expenses (such as health plan expenses and certain collectively bargained benefits). The ARP tax credits are available to eligible employers that pay sick and family leave for... READ MORE

In the face of the recent upswing of Covid-19 cases related to the Delta variant, many employers have elected to require all of their workers be vaccinated. But what is an employer to do if an employee refuses to be vaccinated? As a preliminary matter, the California Department of Fair Employment and Housing (“DFEH”) has issued an opinion that California employers may mandate Covid-19 vaccinations for its employees. However, the employer must engage in an interactive dialogue with employees who have a disability-related or religious reason for refusing an FDA-approved vaccine. Note however, an employee who doesn't "trust that the... READ MORE

Cal/OSHA has enacted a standard detailing notification and reporting requirements for when there is a COVID-19 case in the workplace. Per the standard, a COVID-19 case is defined as someone who: Has a positive COVID-19 test;Has a positive COVID-19 diagnosis from a licensed healthcare provider;Is subject to a COVID-19-related order to isolate issued by a local or state health official; orHas died due to COVID-19, in the determination of a local health department or per inclusion in the COVID-19 statistics of the country. Under Cal/OSHA’s standard, when the employer knows or should have known there is a COVID-19 case in... READ MORE

Employers face substantial risks due to misclassification of their workers and not abiding by the myriad of California wage and hour laws. These landmines for unaware employers, have enormous, business-breaking ramifications due to the substantial penalties that could quickly compound and potentially be a million-dollar liability for an organization. By understanding the applicable requirements and their penalties, employers will better understand their exposure and ensure they take necessary proactive steps to avoid them. What are the most common issues that arise when facing a wage-related claim? Overtime: Unpaid overtime for all work performed in excess of 8 hours in a... READ MORE