2023 Employment Law Updates
Welcome to 2023. New Year, New You, New California Employment Laws! Here is a quick overview of the most significant new laws that went into effect on January 1, 2023. This is not an exhaustive list but one that will apply to most small to medium-sized business owners in California. PRACTICAL TIP: Make sure your documents reflect that you are implementing changes that are applicable to your business. For example, update your written notice to employees of the terms of their employment to reflect the new hourly rate if you have employees who make minimum wage. Update the language in your employee handbooks to reflect the ability to designate non-family members for CFRA and paid sick leave. PAY Minimum Wage Increases/Exempt Pay Increases The California state minimum wage in 2023 is now $15.50 per hour for all employees, regardless of the employer’s size. However, some cities and counties have even higher local minimum wage requirements. Employers should check the minimum wage requirements for all cities and counties where their employees work. Some cities with higher minimum wage requirements include Los … Continue reading
Paid Sick Leave Under FFCRA Expired – Now What?
The Families First Coronavirus Response Act’s (FFCRA) paid sick leave and expanded family and medical leave requirements expired on December 31, 2020. Thus, employers are no longer obligated to provide paid sick leave to employees who are unable to work due to a Covid-19 related illness, the need to quarantine because of exposure, to care for a family member who is ill due to Covid-19, or to care for a child because of school closure related to Covid-19. However, employers may voluntarily choose to provide paid sick leave to employees for Covid-19 related reasons. The Consolidated Appropriations Act, 2021, extended the employer tax credits for paid sick leave and expanded family and medical leave voluntarily provided to employees until March 31, 2021. To voluntarily provide paid sick leave, or not to pay, that is the question. The Pros of Extending Paid Sick Leave Covid-19 infection rates continue to rise and the need remains. Paid leave slows the spread. Providing leave to employees who test positive or exhibit symptoms will slow the spread of the disease generally and within your workplace. … Continue reading
Families First Coronavirus Response Act (H.R. 6201) Signed Into Law
Yesterday, the Families First Coronavirus Response Act (H.R. 6201) was passed into law and goes into effect on April 1, 2020, and stays in effect until December 31, 2020. If you are an employer with less than 500 employees, please read because this will apply to you. Employers, check out our COVID-19 Resource Guide. The Act: requires private insurance plans to provide free COVID-19 testing; requires employers to provide emergency paid sick leave to workers affected by COVID-19 and expands family and medical leave; and provides increased funding for state unemployment insurance programs, food stamp and nutritional programs and others. This post will focus on the emergency family and medical leave and emergency sick leave aspects of the Act, which will affect the vast majority of employers and employees across the country. There are two provisions providing paid leave to employees forced to miss work because of the COVID-19 outbreak: an emergency expansion of the Family Medical Leave Act (FMLA) and a new federal paid sick leave law. Emergency Family and Medical Leave Expansion Act FMLA Coverage is Expanded to Include Most Employers – The Act … Continue reading
COVID-19 Resource Guide for Employers
Please keep in mind that the situation is ever-developing and information and guidelines will constantly change. That being said, as of today, there are many programs available to you both on the state and federal level. Where can I get help if my business is facing financial strain due to COVID-19? The United States Small Business Administration (SBA) provides small business owners with low-interest disaster relief loans if their business is in a state and county that has been declared an “Eligible Disaster Area” by the SBA. In California, as of March 16, the following counties have been declared as eligible: Alameda, Calaveras, Contra Costa, Los Angeles, Sacramento, San Diego, San Francisco, San Mateo, Sonoma, Tuolumne, Alpine, Amador, El Dorado, Imperial, Kern, Lake, Madera, Marin, Mariposa, Mendocino, Merced, Mono, Napa, Orange, Placer, Riverside, San Bernardino, San Joaquin, Santa Clara, Santa Cruz, Solano, Stanislaus, Sutter, Ventura and Yolo. If your business is located in an Eligible Disaster Area, you may qualify for an Economic Injury Disaster Loan (EIDL) from the SBA. To qualify, an applicant must have an acceptable credit history, … Continue reading
California Paid Sick Leave Law Clarified
The new California paid sick leave law went into effect on July 1, 2015. The law was so confusing that it was clarified with a new bill soon after. Is your policy in compliance? Here are the basics: Who gets leave: Employees who work for an employer for more than 30 days within a year is entitled to paid sick days. Accrual: At least 1 hour for every 30 hours worked. Accrual may be at a different rate if it is accrued regularly and the employee accrues 24 hours or 3 days of leave by the 120th day of work. Employers may cap accrual at 48 hours or 6 days per year. Carry-over: Accrued but unused sick days must carry over into the next year, unless you give the employees 3 days of paid sick leave at the beginning of each year. Use: Employee may start using accrued paid sick days beginning on the 90th day of employment. Employers may limit use to 24 hours or 3 days in each year of employment, calendar year, or 12 month period. Written notice: Employers … Continue reading