California implemented a new mandatory law requiring all companies with more than five employees to offer a retirement plan to their workers by June 30, 2022. Companies that don’t will be required to enroll in CalSavers, the state-sponsored individual retirement account (IRA). Participating employees would elect an amount to save as part of their payroll deductions. Business…

The Supreme Court held that individual claims arising under California’s Labor Code Private Attorneys General Act (“PAGA”) can be compelled to arbitrate. Background: PAGA permits an employee to sue their employer for Labor Code violations on behalf of the State of California and share in the recovery. Moriana, an employee of Viking River Cruises, signed…

There are two primary purposes of the I-9 Employment Eligibility Verification Form. 1) To verify the identity of an employee and 2) to verify their eligibility to be employed. During COVID, the Department of Homeland Security allowed employers to use expired List B identity documents for I-9 purposes. However, as of May 1, 2022, employers…

The Fair Labor Standards Act establishes guidelines for documenting work hours and rules for paying exempt and non-exempt employees. The FLSA provides a minimum wage and overtime exemption for employees in the following fields/positions: Executive Administrative Professional Outside Sales Computer-related occupations However, job titles alone do not determine exempt status. The employee’s specific job duties and salary…

Under California law, businesses are required to provide employees with the following leaves of absence: Sick Leave: All employees are eligible. Employees earn a minimum of 1 hour of sick pay for every 30 hours worked. Employees get 24 hours of sick leave per year. California Pregnancy Disability Leave: Employees are eligible if Employer has 5…

REMINDER TO EMPLOYERS: Back in 2016, California passed legislation that created a state-run retirement program. The program later became known as CalSavers. In order to comply with California’s law, employers have two options: Employers may sponsor their own retirement programs, such as a 401(k). Otherwise, Employers are required to participate in CalSavers, California’s state-run retirement…

If you do not use some type of background check, you are exposing yourself to a potential negligent hiring claim, theft, workplace violence, or drug abuse. But doing it wrong could get you in a world of trouble. The Fair Credit Reporting Act requires employers who obtain a consumer report on a job applicant to…

California Enacts New FEHA Regulations for Pre-Employment Practices Starting on July 1, 2020, FEHA (Fair Employment and Housing Act) regulations will specify what pre-employment practices (i.e. pre-employment inquiries, job applications, and advertisements) constitute age, disability, medical condition, and religious discrimination.  Pre-Employment Inquiries and Job Applications Employers cannot request scheduling information to ascertain an applicants religious…

Self-Certification Leave Request When an employee requests for emergency paid sick leave or emergency family and medical leave, you should require them to complete a form detailing their eligibility. Additionally, Employers may also require their Employees to use any existing PTO to supplement their emergency family and medical leave. PPP – Notice of Reinstatement For…