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Stay Abreast on Employment Laws That May Impact Your Organization

Marcel D. Furnace
Guest Contributor

Stay Abreast on Employment Laws That May Impact Your Organization

 

  1.  Required notice to employees- If you have 25 or more employees, you now must provide new employees with a written notice about the rights of victims of domestic violence, sexual assault and stalking to take protected time off for medical treatment or legal proceedings. The notice also contains information on victims’ rights to accommodation and protections against discrimination.
  2.  Did you know? – California Releases Regulations Concerning Transgender Identity and Expression. The California Fair Employment and Housing Council has released final regulations, effective July 1, 2017, regarding transgender identity and expression under the state Fair Employment and Housing Act.
  3.  Did you know? HIPAA Permits Certain Disclosures for Workers’ Compensation Purposes. Various Disclosures Permitted without Individual Authorization – employers are reminded that the federal Health Insurance Portability and Accountability Act (HIPAA) permits disclosures of an individual’s health information for workers’ compensation purposes.  Most notably, HIPAA permits covered entities–including health care providers and their business associates–to disclose the health information of an individual to workers’ compensation insurers, employers, state administrators, and other persons or entities involved in workers’ compensation systems, without the authorization of the individual.
  4.  Did you know? – California Proposes Rule on Heat Illness Prevention in Indoor Places of Employment – the California Division of Occupational Safety and Health (Cal/OSHA) has released a proposed rule that would generally affect all indoor places of employment where the “dry bulb” temperature equals or exceeds 85°F.
  5.  Los Angeles: employers that are located or doing business in Los Angeles, and that employ 10 or more employees—limits employers’ consideration of applicants’ criminal history. The ordinance contains provisions regarding (among other things) employment application procedures, employer assessment of criminal history, notice, posting requirements, and recordkeeping.
  6.  California Revises Sexual Harassment Brochure for Distribution to Employees – All employers—regardless of the number of employees—are covered by the harassment provisions of California law. Each employer must distribute a sexual harassment information sheet (provided by the state) to its employees—unless the employer provides equivalent information to its employees that contains, at a minimum, certain components (§ 12950(b)). State law also requires employers to take reasonable steps to prevent harassment and promptly correct discriminatory and harassing conduct, and to create a workplace free from harassment.
  7.  California Occupational Safety and Health Administration (Cal/OSHA) Log 300 reporting requirements stand apart from other record keeping and reporting related to workers’ compensation If you are required to record incidents on Log 300, you must also file a summary Form 300A at the end of each year.
  8. Reminder: Current Drug Use Not Protected Under ADAA – recent federal court decision is a good reminder that applicants or employees who currently use illegal drugs or marijuana or abuse alcohol are not protected under the Americans with Disabilities Act (ADA) or the Fair Employment and Housing Act (FEHA). Conduct is key: The disease of addiction may be protected but misconduct is not (Scott v. Harrah’s LLC. (D. Nev. 2017)).
  9.  California’s Minimum Wage Hike Brings Many Changes– in 2016, Governor Brown signed SB 3, a bill that will increase the minimum wage in California to $15 per hour by 2022. The governor’s action makes California the first state in the nation to commit to raising the minimum wage to $15 per hour statewide. Large businesses with 26 or more employees begin complying January 1, 2017 and will reach $15 per hour in 2022. Small businesses with 25 or fewer employees are not required to begin the scheduled increases until 2018 and will have until 2023 to reach the $15-per-hour rate.
  10. Five Independent Contractor Myths That Can Hurt You:

a) He wanted to be classified that way

b) We have a written agreement with her

c) He meets the IRS test, so we are OK

d) She did a great job, so let’s use her again

e) It’s Ok to have my independent contractor use a timesheet

 

Marcel D. Furnace
Guest Contributor

Marcel Furnace has over 10 years of experience in both Operations and Human Resources and is currently a Human Resources Generalist with Paychex HR Services. Mr. Furnace is also a Veteran of the United States Army and an active member within several HR professional organizations. His educational background includes: a Master of Science Degree in Human Resources, a Bachelor of Arts in Business Administration with a minor in Organizational Management, an Associate of Arts in Administration of Justice, a Paralegal Certificate and a certificate in Mediation Conflict & Alternative Dispute Resolution. Marcel is proficient in leading the following Human Resources Operations: Recruitment, Selection, Benefits, Compensation, Labor Management, Employee Relations, Diversity, Safety, Security, Organization & Employee Development and HR Technology Systems.

 

 

 

PKC Kuebler, APC is a full-service public accounting firm registered and licensed to practice as an accountancy corporation by the California Board of Accountancy . The information provided is intended for general tax and accounting needs. Articles are written for informational purposes only and should not be seen as any kind of advice. Content is accurate and true to the best of our knowledge, however, there may be omissions, errors or mistakes and it is advised you contact your CPA before taking any financial action. The opinions expressed in our articles do not reflect the opinions of any organizations in which we are affiliated with.

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