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Coronavirus (Covid-19) Information
Covid-19 Leave Information

Emergency Paid Sick Leave

Families First Act requires many employers to provide paid sick leave to their employees for qualifying reasons related to COVID-19

Coverage and Eligibility

Employers with fewer than 500 employees will be required to provide full-time employees with an additional 80 hours of paid sick leave, or, for part-time employees, the number of hours equal to the hours worked during an average two-week period.

Reasons for Leave

Employers must provide this emergency paid sick time when the employee is unable to work (or telework) because the employee is:

  1. Subject to a federal, state or local quarantine or isolation order related to COVID-19;
  2. Advised by a health care provider to self-quarantine due to concerns related to COVID-19;
  3. Experiencing symptoms of COVID-19 and seeking a medical diagnosis;
  4. Caring for an individual who is subject to a government quarantine or a self-quarantine advised by a health care provider (reasons 1 and 2 above);
  5. Caring for their child if the child’s school or place of care has been closed, or the child-care provider is unavailable due to COVID-19 precautions; or
  6. Experiencing any other “substantially similar condition” specified by the Secretary of Health and Human Services.

Rate of Pay

Employees must be paid at their regular rate for reasons No. 1 through No. 3 above, except that pay cannot exceed $511 per day and $5,110 total. When employees take paid sick leave to care for someone else, or the employee is experiencing any other “substantially similar condition,” i.e., reasons No. 4 through No. 6 above, then employers can pay employees two-thirds their regular rate, except that pay cannot exceed $200 per day and $2,000 in the aggregate in those circumstances.

The Emergency Paid Sick Leave program took effect on April 1, 2020, and remains in effect until December 31, 2020.

Emergency Family and Medical Leave Expansion

The Families First Act also temporarily provides emergency FMLA leave for a “qualified need related to public health emergency.”

Coverage and Eligibility

For specified COVID-19-related reasons, the current employee threshold for coverage is changed from covering employers with 50 or more employees to covering any workplace with fewer than 500 employees. Employee eligibility requirements for emergency FMLA are also lowered. Instead of working 1,250 hours in the preceding 12 months, the emergency FMLA provisions apply to any employee who has been employed for at least 30 days.

Reason for Leave

The employee may only take emergency FMLA leave when the employee is unable to work (or telework/remote work) due to a need to care for the employee’s child under 18 years of age if the school or place of care has been closed or the child care provider is unavailable due to a public health emergency related to COVID-19.

Paid Leave

Unlike standard FMLA leave, a significant portion of the emergency FMLA leave must be paid. The first 10 days of emergency FMLA leave may be unpaid, so employees may elect to substitute vacation, personal leave or paid sick leave during that time. After the first 10 days, the employer must pay full-time employees at a rate of no less than two-thirds of their regular rate of pay for the hours normally scheduled.

Job Protections

As with standard FMLA leave, the emergency leave is protected, meaning an employer must return the employee to the same or an equivalent position upon their return

The Emergency FMLA expansion program took effect on April 1, 2020, and remains in effect until December 31, 2020.


Below are some useful links and guidance about Covid-19.

Center for Disease Control

Occupational Safety and Health Administration

California Covid website

California Department of Industrial Relations

 
What to do if you feel sick

What to do if you are caring for someone

How to cope with stress

After I have been exposed, when can I return to work?  First, talk to your physician.  These are the CDC recommendations.



New Employment Laws for 2020
Below are the most relevant new employment laws for 2020.

Minimum Wage Chart
California's minimum wage will increase to $12.00 per hour for employers with 26 employees or more. For employers with 25 employees and less the minimum wage will be $11.00 per hour.  The increases will be as follows:              
                26 employees and more        Less than 26 employees
  • 2020        $13.00                                     $12.00
  • 2021        $14.00                                     $13.00
  • 2022        $15.00                                     $14.00
  • 2023                                                        $15.00

San Francisco's minimum wage increased to $15.59 per hour effective July 1, 2019.

Berkeley's minimum wage increased to $15.59 per hour effective July 1, 2019.

Oakland's minimum wage increased to $14.14 per hour effective
January 1, 2020.

Employment Applications
The California Consumer Privacy Act (CCPA) changed the laws around collecting people's information and that includes employment applications.  If you use an employment application, let ALB resources review it to make sure it it doesn't use any language that violates the law.
Reporting Time Pay
Under Wage Order 7 (section 5 in the order), if an employee calls in to see if there is work, and arrives at work, and there is no work available, the employer will have to pay 1/2 of the shifts wages.  If the employee's shift is 8 hours and the employer send the employee home, the employee will be paid for 4 hours of work. 
Paid Family Leave

Beginning July 1, 2020, the Paid Family Leave program will be extended from 6 weeks to 8 weeks duration. All covered San Francisco employers will be required to extend their Paid Parental Leave compensation from six to eight weeks as well.

Independent Contractor vs. Employee
Beginning January 1, 2020, the EDD will be using the ABC Test to determine if an individual is an employee unless the hiring entity can establish that the worker is 1) free from the control and direction of the hiring entity in connection with the performance of the work; 2) the worker performs work that is outside the usual course of the hiring entity's business; and 3) the worker is customarily engaged in an independently established trade, occupation or business of the same nature as that involved in the work performed. Some individuals will still require the use of the old "Borello" multifactor test to determine the status.  If you need assistance determining if an individual is an employee or an independent contractor, contact ALB resources.

Flexible Spending Plans (FSA)

Employers are required to notify employees with Flexible Spending Plans (FSA) of any deadlines to withdraw funds before the plan year's end in two different ways: email, text, in-person, mail, or telephone.
Registered Domestic Partners

Opposite sex adult couples may now be domestic partners starting at over age 18 years old in California.

Lactation Accommodation

Beginning January 1, 2020, employers must meet additional criteria to the current lactation accommodation law.  The lactation room must be safe, clean and free of toxic or hazardous materials.  Must contain a surface to place a breast pump and other personal items.  Must contain seating and have access to electricity or alternative devices (such as extension cords or charging stations) allowing operation or an electric or battery-powered breast pump.  There must be access to a sink with running water and a refrigerator suitable for storing breast milk close to the employee's work space.

Organ and Bone Marrow Donation

California employers with 15 or more employees must provide paid leave of up to 30 business days per year of paid leave for organ donors.  That leave now includes an additional 30 business days of unpaid leave per year.  Bone marrow donors must be provided a paid leave of five business days per year.

Natural Hairstyles
Effective January 1, 2020, law prohibits discrimination against employees and students based on their natural hairstyles. This new law specifically includes braids, locks and twists.  If you need assistance reviewing your employee handbook, ALB resources is here to help.
Sexual Harassment
By January 1, 20121, all employers with five employees or more must  provide one hour of sexual harassment training to non-supervisory employees and two hours of training to supervisors.  Training must take place within 6 months of hire and promotions and every two years thereafter. Also seasonal and temporary employees who work less than 6 months within 30 days or 100 hours. The training must be interactive.  The trainer must be: a qualified attorney, HR professional or harassment prevention consultant with a minimum of 2 years of practical experience or a professor or instructor with 20 hours or two or more years experience teaching employment law.


Resources

CompassPoint Nonprofit Services

CompassPoint Nonprofit Services is a consulting, research, and training organization providing nonprofits with management tools, strategies, and resources to lead change in their communities.

Employment Development Department

The Employment Development Department (EDD) oversees three departments: unemployment, disability insurance and paid family leave.
 

Posters

Federal Minimum Wage Poster Effective July 24, 2009

Download, print and post the current Federal minimum wage poster.

California Minimum Wage Poster Effective January 1, 2019

Download, print and post the current California minimum wage poster.

San Francisco Minimum Wage Poster Effective July 1, 2019

Download, print and post the current San Francisco minimum wage poster.

San Francisco Paid Sick Leave Ordinance Updated Poster Effective 2018

Download, print and post the current San Francisco Paid Sick Leave poster.

San Francisco Healthcare Security Ordinance Updated Poster Effective 2020

Download, print and post the current San Francisco Health Security Ordinance poster.

San Francisco Family-Friendly Workplace Ordinance Effective January 1, 2014

Download, print and post the current San Francisco Family-Friendly Workplace Ordinance poster.


Download, print and post the current San Francisco Fair Chance Ordinance poster.


San Francisco Paid Parental Leave Ordinance Poster Effective January 1, 2018

Download, print and post the current San Francisco Paid Parental Leave Ordinance poster.


San Francisco Consideration of Salary History Effective January 1, 2018

Download, print and post the current San Francisco Consideration of Salary History poster.

Berkeley Minimum Wage Poster Effective October 1, 2018

Download, print and post the current Berkeley minimum wage poster.

Oakland Minimum Wage and Paid Sick Leave Poster Effective January 1, 2020

Download, print and post the current Oakland minimum wage and Paid Sick Leave poster.


Forms

For Employees

I-9 Form

All employees (citizens and noncitizens) hired after November 6, 1986, and working in the United States must complete Form I-9.  The purpose of this form is to document that each new employee is authorized to work in the United States.  Be sure you are using the form that expires on 8/31/2019 for all new employees.


W-4 Form 2020

Form W-4 is used so that employers can withhold the correct federal income tax from employees pay. Consider having employees complete a new Form W-4 each year and when personal or financial situations change.
Notice to Employee

The Notice to Employee form is used for new hires and for all rate changes after hire.  One copy of the form goes to the employee and one copy gets put in the employee personnel file.

DE-34 Form
Federal law requires all employers to report all newly hired or rehired workers to EDD within 20 days of their start-of-work date. State and county agencies use this information to assist them in locating parents who are delinquent in their child support obligations.  An individual is considered a new hire on the first day in which he/she performs services for wages. An individual is considered a rehire if the employer/employee relationship has ended and the returning individual is required to submit a W-4 form to the employer.

California Paid Family Leave Brochure
Provides eligible workers partial wage replacement when taking time off work to care for parents, children, spouses, and registered domestic partners or to bond with a new minor child.  Every employee must get this brochure upon hire.

California Sexual Harassment Brochure
Every employee must get this brochure upon hire.

California Rights of Victims of Domestic Violence, Sexual Assault and Stalking Brochure
Every employee must get this brochure upon hire.

California Disability Insurance Brochure
Every employee must get this brochure upon hire.

California Worker's Compensation Brochure
Every employee must get this brochure upon hire.

Family Medical Leave Act
Family Medical Leave Act (FMLA) entitles employees who have worked 12 consecutive months and 1250 hours to take unpaid, job-protected leave for specific family and medical reasons with continued group health insurance coverage under the same terms and conditions as it the employee had not taken leave.  Employees are entitled to 12 workweeks of leave in a 12-month period for a birth, adoption, foster care of a child, to care for one's spouse, child, or parent with a serious health condition, to care for the employee's own health condition, any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty", or 26 workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness who is the spouse, son, daughter, parent, or next of kin to the employee (military caregiver leave).  Here is a link to all the forms.

  • Certification of Health Care Provider for Employee's Serious Health Condition WH-380-E
  • Certification of Health Care Provider for Family Member's Serious Health Condition WH-380-F
  • Notice of Eligibility and Rights & Responsibilities WH-381
  • Designation Notice WH-382
  • Certification of Qualifying Exigency for Military Family Leave WH-384
  • Certification for Serious Injury or Illness of Covered Servicemember - For Military Family Leave WH-385


For Independent Contractors

DE-542 Form

Any business or government entity that is required to file a Federal Form 1099-MISC for service performed by an independent contractor must file the Report of Independent Contractors (DE-542). You must report to the Employment Development Department within twenty (20) days of EITHER making payments of $600 or more OR entering into a contract for $600 or more with an independent contractor in any calendar year, whichever is earlier. This information is used to assist state and county agencies in locating parents who are delinquent in their child support obligations.

W-9 Form

As an employer you are required to file an information return with the IRS and must use a W-9 form to obtain the independent contractor’s correct taxpayer identification number (TIN) to report income paid.


Independent Contractor Questionnaire (Borello Multifactor Test)

It is critical that you, the business owner, correctly determine whether the individuals providing services are employees or independent contractors. Generally, you must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee. You do not generally have to withhold or pay any taxes on payments to independent contractors. Businesses must weigh all these factors when determining whether a worker is an employee or independent contractor. Some factors may indicate that the worker is an employee, while other factors indicate that the worker is an independent contractor. There is no “magic” or set number of factors that “makes” the worker an employee or an independent contractor, and no one factor stands alone in making this determination.

Employment Resources

Flu Season Resources

The flu season may be particularly disruptive this year. Find out what HR can and should do now to start preparing for the flu season, in order to keep your workforce safe and minimize disruption to your business operations.
ALB resources
Post Office Box 14812
San Francisco, CA 94114-0812  USA
(415) 864-4222
Fax (415) 520-0516
info@albresources.net
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