Change Afoot: New Federal Overtime Rules Taking Effect in December

With all of the new employment laws coming along, it is good to stay on top of changes that are happening.  One of the big changes coming at the Federal level is regarding overtime pay.  Last week the Department of Labor announced final regulations on overtime pay.  This regulation will go into effect December 1, 2016.  As an employer, all exempt positions that are paying less than $913 per week should be reviewed and possibly reclassified as hourly positions.  With hourly positions employers need to be aware of requirements for unpaid meal and rest breaks and tracking of hours.

For more complete information about this, please refer to this update prepared by Attorney Barbara Cotter of Cook Brown LLP, an employment law firm here in Sacramento.

Two new employment laws in effect in California

With the new year brings new employment laws.  Recently I attended the Cook Brown LLP law firm's legislative update where they discussed two new updates effective in 2015.  Cook Brown LLP Partner Barbara Cotter gave me a quick summary of these below:

Governor Brown signed two pieces of legislation last year that will have a major impact on nearly all California employers.  One deals with the common use of temporary agency or staffing agency employees.  The other deals with paid sick leave.  The first law, now found at Labor Code Section 2810.3,  provides that an employer who obtains workers from a staffing or temporary agency will be held responsible for all wages and worker�s compensation coverage due those workers, even if they are formally hired, supervised and paid by the agency.   This dramatically changes the risk of hiring temporary workers.  Previously, an employer could only be held responsible for agency employees where the employer actually controlled the work performed by the employees and provided hands-on instruction on how the work was to be accomplished.  This new law totally supersedes those prior rules.  Now, an employer can be held strictly responsible even if the employer has never met the staffing agency employees, never dealt with them directly and does  not dictate how they perform the work.  Two key exceptions apply however:  In order to be subject to this law, the employer must have at least 25 workers (including those supplied by the agency); and must utilize more than five agency workers.  This law is effective January 1, 2015.

The second law, known as the �Healthy Workplaces, Healthy Families Act of 2014,� requires that on July 1, 2015, an employee who works for thirty or more days for an employer is entitled to paid sick days to be accrued at a rate of no less than one hour for every thirty hours worked.  An employee is entitled to use sick pay after on or after the ninetieth day of employment.  The sick pay can be capped at three days per year.  Limited exceptions apply to employees subject to collective bargaining agreements and in certain industries, such as in-home care.  The employer must provide a report on the sick pay accrued and used, along with the employee�s paystub.  Employers are required to post a notice of this new law.  The Department of Industrial Relations has published a sample notice on its website at www.dir.ca.gov.

Healthy Workplaces/Healthy Families Act of 2014: Paid Sick Leave

Last week I attended Cook Brown, LLP's employment law seminar about employment law changes coming up in 2015.  One big change for employers is the new law requiring paid sick leave for all employees.  To learn more about this legislature, and what it may mean to your business, visit the legal brief here.

Starting at the beginning of next year, make sure you have this poster displayed where employees can easily read it.  

Breakfast Seminar: Ten Steps to Navigate the Muddy Waters of the Affordable Care Act

For those of you looking for information on how to respond to the Affordable Care Act, this could be a very informative seminar to attend. Barbara Cotter of Sacramento law firm Cook Brown will be presenting a step by step guide for employers.  If you can make it, I'll see you there.

Ten Steps to Navigate the

of the

Affordable Care Act

A Sacramento Breakfast Forum Presented by Attorney Barbara Cotter

Employers are increasingly uncertain about the Affordable Care Act (ACA) and its numerous obligations.   With California's insurance exchange set to open October 1, 2013, now is the ideal time to address those concerns.  Cook Brown has prepared a step by step guide to help employers master the nation's new insurance requirements.   This forum will highlight critical deadlines and provide concrete compliance tips for employers, supervisors, and HR staff.     

WHEN:     Thursday, September 26, 2013

                   8:30 a.m. - 9:00 a.m.  

           (Registration & Continental Breakfast)

                   9:00 a.m. - 10:15 a.m.  

(Program)

WHERE:  The Firehouse Restaurant

                  1112 2nd Street

                  (Old) Sacramento, CA 95814
                  Telephone: (916) 442-4772

Click Here To Register

WineTalent's Upcoming Webinar: WAGES & WINE: Making sure your blend of pay practices complies with California law.

Next week WineTalent will be teaming up with Attorney Barbara Cotter, Partner of the employment law firm Cook Brown LLP to present a webinar about pay practices in the wine industry.  We will be presenting an overview of roles in the wine industry, discussing classifications of employment (salary, hourly, executive, management, consultant, contractor) and providing some case studies from real world situations.  If you are hiring or managing employees or consultants in the wine industry this webinar will provide you with useful information.  Stay on top of employment issues and up to date on new legislation.  We will also be having a question and answer session at the end in case you have specific issues you need addressed.    I hope you can join us.

WAGES & WINE: Making sure your blend of pay practices complies with California law.

Join us for a webinar on May 15, 2013 at 9:00 AM PDT.

Register now!  https://attendee.gotowebinar.com/register/655674317569408512

COOK BROWN LLP TEAMS UP WITH WINETALENT FOR A "RATE YOUR PAY PRACTICES" WEBINAR

Attorney and Cook Brown LLP partner Barbara Cotter teams up with wine industry recruiter and WineTalent President Amy Gardner in discussing compensation issues confronting the wine industry employer. Attendees will be provided with a convenient checklist, a primer on wage and hour law for the wine industry, and a common sense guide that will answer a multitude of questions such as:

1. How do you classify employees correctly under California law?
2. What happens to an employer when an employee is misclassified?
3. What constitutes a salaried position? An hourly position?

After registering, you will receive a confirmation email containing information about joining the webinar.