Coverage and Eligibility

Job Protections

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.

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.

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. 

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.

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.

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

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.

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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.

Every employee must get this brochure upon hire.

Every employee must get this brochure upon hire.

Every employee must get this brochure upon hire.

Every employee must get this brochure upon hire.

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.

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.

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