On October 6, 2015, Governor Brown signed into law Senate Bill (SB) 358, referred to as the Fair Pay Act. The Act amends Labor Code Section 1197.5 to require that employers prove wage disparities among men and women are not gender based. The Act also penalizes employers for preventing employees from discussing wages. Finally, it increases recordkeeping requirements. These requirements apply both to California employers and companies with employees in California. Although the changes become effective January 1, 2016, employers need to prepare for the effects the changes will create. Additionally, the Act may lead to increased litigation, because the hurdles are being lowered for plaintiffs to bring lawsuits. It may also be a gateway for new class action lawsuits, because attorneys will likely be looking for systemic gender wage disparity within individual companies.
https://www.managease.com/wp-content/uploads/2019/06/ManagEase-Logo-Trans.png00ManagEasehttps://www.managease.com/wp-content/uploads/2019/06/ManagEase-Logo-Trans.pngManagEase2015-10-08 16:40:452015-10-08 16:40:45California Takes the Lead in Enhancing Protections for Gender Wage Equality & Wage Transparency
With the recent National Labor Relations Board (NLRB) ruling redefining joint employer status, more employers may have to be conscious of the changing regulations regarding collective bargaining procedures. Throughout 2015, the NLRB has issued some updates to the rules governing union elections and petitions. Companies that may now be categorized as a joint employer, and therefore potentially subject to union activity of the shared workforce, should review these updated rules, summarized below.
https://www.managease.com/wp-content/uploads/2019/06/ManagEase-Logo-Trans.png00ManagEasehttps://www.managease.com/wp-content/uploads/2019/06/ManagEase-Logo-Trans.pngManagEase2015-09-15 10:00:362015-09-25 18:54:31Regulation Changes With Regard to Unions
In a 3-2 decision involving Browning-Ferris Industries of California, the National Labor Relations Board revised its standard for determining joint-employer status last Thursday, August 27, 2015.
Specifically, the Board defined an employment relationship as one where the employer either exercises control or has the right to exercise control over the work of the employee. The latter is an added factor meant to bring NLRB standards in line with existing law. Thus, in determining joint employer status, where a “user employer reserves a contractual right to set a specific term or condition of employment for a supplier employer’s workers, it retains the ultimate authority” over the employee and “legal consequences may follow from this choice.”
The misclassification of workers as independent contractors has been an ongoing challenge for employers and workers alike. Due to the fact that contractors lack many workplace protections—such as minimum wage or workers’ compensation rights—and that misclassification results in lower tax revenues for the government, the U.S. Dept. of Labor (“DOL”) recently released Administrator’s Interpretation No. 2015-1. This interpretation, published on July 15, 2015, provides guidance on the existing rules for classifying employees.
After a months-long wait, the U.S. Department of Labor has published a Notice of Proposed Rulemaking (NPRM) regarding amendments to the Fair Labor Standards Act (FLSA) white collar overtime exemption rules. The NPRM was released on July 6, 2015, and outlines new exempt eligibility requirements.
On June 26, 2015, the closing of Obergefell v. Hodges resulted in a landmark decision by the U.S Supreme Court: same-sex marriages must be licensed and recognized by all states in the nation. Although 37 states had previously legalized same-sex marriage, the Supreme Court’s 5-4 decision will now have significant impact on the 13 states where same-sex marriage was not previously recognized.
There are a number of laws setting down rules on the length and timing of employee meal breaks. Thanks to a suit brought by three healthcare workers in Orange County, California, the provisions of Wage Order 5, set forth by the Industrial Welfare Commission (IWC), have been invalidated by the CA Labor Code Sections 512(a) and 516.
https://www.managease.com/wp-content/uploads/2019/06/ManagEase-Logo-Trans.png00ManagEasehttps://www.managease.com/wp-content/uploads/2019/06/ManagEase-Logo-Trans.pngManagEase2015-06-15 10:00:552015-09-24 17:20:20Labor Code Trumps Wage Order 5, Prompting Change in California Meal Periods
On July 1, 2015, the “Joint Notice for Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave” notice becomes effective. California employers with over 50 employees must post this notice in a visibly conspicuous area on company property. Published by the California Dept. of Fair Employment and Housing, this new “Joint Notice” effectively acts as an update to the “Notice B” poster released in November of 2012.
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Many employers are aware that California’s new mandatory paid sick leave requires changes in their practices, but are not quite sure of the full extent of the requirements they must meet to be compliant with the law. With the July 1, 2015 deadline for employers to begin providing paid sick leave benefits fast approaching, employers should be aware of the regulations regarding posting, notice, and recordkeeping.
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The U.S. Equal Employment Opportunity Commission published a Notice of Proposed Rulemaking (NPRM) on April 20, 2015, effecting the application of the landmark Americans with Disabilities Act (ADA) to employer wellness programs.
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California Takes the Lead in Enhancing Protections for Gender Wage Equality & Wage Transparency
/in HR AlertsAPPLIES TO
All California Employers and Employees
EFFECTIVE
January 1, 2016
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On October 6, 2015, Governor Brown signed into law Senate Bill (SB) 358, referred to as the Fair Pay Act. The Act amends Labor Code Section 1197.5 to require that employers prove wage disparities among men and women are not gender based. The Act also penalizes employers for preventing employees from discussing wages. Finally, it increases recordkeeping requirements. These requirements apply both to California employers and companies with employees in California. Although the changes become effective January 1, 2016, employers need to prepare for the effects the changes will create. Additionally, the Act may lead to increased litigation, because the hurdles are being lowered for plaintiffs to bring lawsuits. It may also be a gateway for new class action lawsuits, because attorneys will likely be looking for systemic gender wage disparity within individual companies.
Read more
Regulation Changes With Regard to Unions
/in HR AlertsAPPLIES TO
All Employers
EFFECTIVE
April 13, 2015
and
September 1, 2015
QUESTIONS?
Contact HR On-Call
(888) 378-2456
With the recent National Labor Relations Board (NLRB) ruling redefining joint employer status, more employers may have to be conscious of the changing regulations regarding collective bargaining procedures. Throughout 2015, the NLRB has issued some updates to the rules governing union elections and petitions. Companies that may now be categorized as a joint employer, and therefore potentially subject to union activity of the shared workforce, should review these updated rules, summarized below.
Read more
NLRB Issues Controversial Decision Redefining Joint Employer Status
/in HR AlertsAPPLIES TO
All Employers
EFFECTIVE
August 27, 2015
QUESTIONS?
Contact HR On-Call
(888) 378-2456
In a 3-2 decision involving Browning-Ferris Industries of California, the National Labor Relations Board revised its standard for determining joint-employer status last Thursday, August 27, 2015.
Specifically, the Board defined an employment relationship as one where the employer either exercises control or has the right to exercise control over the work of the employee. The latter is an added factor meant to bring NLRB standards in line with existing law. Thus, in determining joint employer status, where a “user employer reserves a contractual right to set a specific term or condition of employment for a supplier employer’s workers, it retains the ultimate authority” over the employee and “legal consequences may follow from this choice.”
Read more
U.S. DOL Issues Administrator’s Interpretation on Employee Misclassification
/in HR AlertsAPPLIES TO
All Employers
EFFECTIVE
Immediately
QUESTIONS?
Contact HR On-Call
(888) 378-2456
The misclassification of workers as independent contractors has been an ongoing challenge for employers and workers alike. Due to the fact that contractors lack many workplace protections—such as minimum wage or workers’ compensation rights—and that misclassification results in lower tax revenues for the government, the U.S. Dept. of Labor (“DOL”) recently released Administrator’s Interpretation No. 2015-1. This interpretation, published on July 15, 2015, provides guidance on the existing rules for classifying employees.
Read more
U.S. Dept. of Labor Publishes Proposed Revisions to FLSA Overtime Rules
/in HR AlertsAPPLIES TO
All Employers
EFFECTIVE
July 6, 2015
QUESTIONS?
Contact HR On-Call
(888) 378-2456
After a months-long wait, the U.S. Department of Labor has published a Notice of Proposed Rulemaking (NPRM) regarding amendments to the Fair Labor Standards Act (FLSA) white collar overtime exemption rules. The NPRM was released on July 6, 2015, and outlines new exempt eligibility requirements.
Read more
How the Supreme Court’s Same-Sex Marriage Ruling Impacts Employers
/in HR AlertsAPPLIES TO
All Employers
EFFECTIVE
June 26, 2015
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On June 26, 2015, the closing of Obergefell v. Hodges resulted in a landmark decision by the U.S Supreme Court: same-sex marriages must be licensed and recognized by all states in the nation. Although 37 states had previously legalized same-sex marriage, the Supreme Court’s 5-4 decision will now have significant impact on the 13 states where same-sex marriage was not previously recognized.
Read more
Labor Code Trumps Wage Order 5, Prompting Change in California Meal Periods
/in HR AlertsAPPLIES TO
All California Employers
EFFECTIVE
February 10, 2015
QUESTIONS?
Contact HR On-Call
(888) 378-2456
There are a number of laws setting down rules on the length and timing of employee meal breaks. Thanks to a suit brought by three healthcare workers in Orange County, California, the provisions of Wage Order 5, set forth by the Industrial Welfare Commission (IWC), have been invalidated by the CA Labor Code Sections 512(a) and 516.
Read more
Deadline for California Employers to Update CFRA “Notice B” Approaching
/in HR AlertsAPPLIES TO
California Employers with 50 or more Employees
EFFECTIVE
July 1, 2015
QUESTIONS?
Contact HR On-Call
(888) 378-2456
On July 1, 2015, the “Joint Notice for Family Care and Medical Leave (CFRA Leave) and Pregnancy Disability Leave” notice becomes effective. California employers with over 50 employees must post this notice in a visibly conspicuous area on company property. Published by the California Dept. of Fair Employment and Housing, this new “Joint Notice” effectively acts as an update to the “Notice B” poster released in November of 2012.
Read more
Preparing for New Paid Sick Leave Law – Notice and Record Requirements
/in HR AlertsAPPLIES TO
All California Employers
EFFECTIVE
June 10, 2015
QUESTIONS?
Contact HR On-Call
(888) 378-2456
Many employers are aware that California’s new mandatory paid sick leave requires changes in their practices, but are not quite sure of the full extent of the requirements they must meet to be compliant with the law. With the July 1, 2015 deadline for employers to begin providing paid sick leave benefits fast approaching, employers should be aware of the regulations regarding posting, notice, and recordkeeping.
Read more
EEOC Proposes Rule on Interpretation of ADA for Employer Wellness Programs
/in HR AlertsAPPLIES TO
All employers
EFFECTIVE
April 20, 2015
QUESTIONS?
Contact HR On-Call
(888) 378-2456
The U.S. Equal Employment Opportunity Commission published a Notice of Proposed Rulemaking (NPRM) on April 20, 2015, effecting the application of the landmark Americans with Disabilities Act (ADA) to employer wellness programs.
Read more