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In The News


New Employment Laws for 2019
Below are the most relevant new employment laws for 2019.

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
  • 2019        $11.00                                     $12.00
  • 2020        $12.00                                     $13.00
  • 2021        $13.00                                     $14.00
  • 2022        $14.00                                     $15.00
  • 2023        $15.00

San Francisco's minimum wage increased to $15.00 per hour effective July 1, 2018.

Berkeley's minimum wage increased to $15.00 per hour effective October 1, 2018.


Oakland's minimum wage increased to $13.23 per hour effective
January 1, 2018.

California Paid Family Leave (PFL) Changes
SB 1123 will all employees to collect PFL benefits starting January 1, 2021 to take time off for covered active duty status of their spouse, registered domestic partner, child or parent who is a member of the military.  This is called "qualifying exigencies".  Such things as military ceremonies, briefings, counselings, spending time with service members during rest and recuperation leave, etc.  PFL does not provide leave, FMLA provides 12 weeks of protected leave.
California Lactation Accommodation changes
Starting January 1, 2019, AB 1976 requires CA employers to provide a private location in close proximity to the employee's work area, other than a toilet stall, for an employee to express breast milk.  
California Salary History update

Last year's update banning inquiries about salary history and requiring employers to provide pay scales to applicants upon request (AB 2282) has been updated.  1) Employers may ask about an applicants salary expectations.  2) Only external applicants are due the pay scales upon request after completing initial interview.  3) Pay scales need only include salary or hourly wage ranges.

California Criminal Background Checks update
SB 1412 will limit an employer's ability to examine sealed or expunged convictions to only those circumstances where a certain conviction would legally prohibit someone from keeping/having that job.

California Harassment - Defamation Protection

Employers and sexual harassment victims will be protected from liability for defamation by an alleged harasser when a complaint of sexual harassment has been made.  AB 2770 states: 1) Employees reporting with evidence (without malice)  will not be liable for injury to the alleged harasser's reputation. 2) Communications between employer and victims/witnesses is protected.  3) Employers will be permitted to reveal in a job reference if an individual is not eligible for rehire because of sexual harassment.
California Confidentiality Clauses in Settlement Agreements

SB 820 prohibits any settlement agreement where sexual harassment, assault or discrimination has been alleged that includes a confidentiality provision that prohibits disclosure of factual information regarding the claim; not including the claimants identity.

California Sexual Harassment
SB 1300 makes changes to California's Fair Employment and Housing Act (FEHA) and workplace harassment claims.  Employers will be prohibited from requiring employees from agreeing not to sue or bring a claim against the employer under FEHA or sign a non-disparagement agreement preventing the employee from disclosing information in exchange for a raise or bonus or as a condition of employment.
California Sexual Harassment Training Update

Beginning January 1, 2020, SB 1343 will take effect where all employers with five or more employee will be required to provide two hours of sexual harassment training to supervisors and one hour to nonsupervisorial employees within six months of hire or promotion, and every two years after that. Temporary and seasonal employees will be trained within 30 days of hire or 100 hours worked whichever is earlier.

California Gender Representation on Boards of Directors

SB 826 states any publicly held corporation with principal executive offices in California will be required to place at least one female director on its Board by December 31, 2019.

California Workplace Health/Safety and Worker's Compensation
AB 2334 will extend employer's liability for workplace injury reporting violation penalties will be extended from six months to five years.
San Francisco Paid Parental Leave Ordinance
Employers with 20 employees or more are covered by the Paid Parental Leave Ordinance.  The employee must have worked 180 days, work at least 8 hours per week, 40% of time worked in San Francisco and eligible for Paid Family Leave.  Employers will supply supplemental wage compensation that equals 100% of the employees compensation.


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, 2018

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

San Francisco Minimum Wage Poster Effective July 1, 2018

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 2018

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.

San Francisco Fair Chance Ordinance Effective October 1, 2018

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, 2018

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

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). 


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

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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