|
|
“I’m so confused about all the rules out there for COVID. Can you simplify it for me?”
Your HR Survival Tip
Don’t feel like you’re alone. You’re confused because the laws and regulations are piling on top of each other instead of business owners receiving one clear message. While we will try to provide a few tips and insights here, this topic has moved into OSHA’s (Occupational Safety and Health Administration) domain rather than employment law (our specialty). Therefore, we strongly recommend you talk with your Safety Manager or outsourced safety company.
Cal/OSHA is California’s version of OSHA but with a few additions to the Federal rules. On 11/30/2020, Cal/OSHA approved new regulations that went into effect immediately. Some of those regulations are contrary to what the CDC (Centers for Disease Control) uses but we must follow Cal/OSHA rules until they update them. The best thing about these regs were the definitions provided:
A COVID-19 “case” is defined as someone who has tested positive, with or without symptoms, employee or non-employee.“Close contact” is defined as being within six (6) feet of someone for, or more than, 15 minutes total in a 24-hour period regardless of wearing masks.The “exposure period” [click to read more …]
ORDER YOUR NEW LABOR LAW POSTER NOW
Just so you know, this is my favorite site for ordering employment law posters. The reason is… they offer both the poster and update service for less than most places charge just for the poster.
It’s been years since we were able to put off getting posters each year. With new laws added so frequently, you really need a new poster each and every year. Keep your business compliant and avoid hefty fines and employee lawsuits with the new All-In-One Labor Law Poster with Update Service:
All-In-One State and Federal Labor Law Poster is fully laminated and attorney-approved.Continued compliance throughout the year with the 1-Year E-Update Service that provides updated postings via email with every mandatory federal & state change.$25,000 ‘We-Pay-The-Fine’ Guarantee protects your business against costly fines and imposed penalties.
If you haven’t already ordered your posters, do it now because the new year is here! Get the special discounted price currently available by using the code “DEAL” when ordering.
[click to read more …]
We have a few hard deadlines ahead of us that require action. Start scheduling now to ensure everything is ready and/or done by the deadline.
By 12/31/2020 — Sexual Harassment Prevention Training
If your company has 5+ employees anywhere, including owners, all your California employees must complete their sexual harassment prevention training by 12/31 of this year. This is paid time for the employees so schedule it accordingly. We have had two years to get this training completed so it’s highly unlikely the state will accept any excuses for not meeting the deadline. There are several resources for this training available online, including our training.
On 1/1/2021 — New Minimum Wage
On January 1st, the CA minimum wage increases again for non-exempt (hourly) employees. Companies with 25 or fewer employees must pay $13/hour, while companies with 26 or more employees must pay $14/hour. These numbers will continue to increase by $1 for the next two years. Please check the law in your area because most have a higher minimum wage. For example, the city of San Diego’s minimum wage will be $14/hour on 1/1 for companies of any size.
On 1/1/2021 — New Minimum Salary
Whenever the state’s minimum wage [click to read more …]
“I’ve heard my workers’ compensation insurance is now going to be hit when employees get COVID. Will this make my rates go up?”
Your HR Survival Tip
We aren’t yet sure just how SB1159 will affect workers’ compensation insurance rates, if at all. Regardless, we have no choice but to implement the changes required by this new law. Originally, there was a short-term law in place from 7/6-9/17/2020, that presumed anyone working for you might have caught COVID while working and was eligible under your workers’ comp. The new law made this presumption official and extends the time period for more than 2 years…to January 1st, 2023.
If at any time between 9/18/2020 and 1/1/2023 you can answer yes to all the below questions, you must file certain paperwork:
Your company has 5 or more employees (including owners, etc.).An employee tested positive for COVID within 14 days of working at your facility or job site.The employee provided you a positive test result.
If you did (or do in the future) answer yes to the above, provide your employee with a DWC1 workers’ comp claim form. Then ask your employee for more details so you can complete Form 5020. Now you have 3 business [click to read more …]
“Our admin will run errands for us on occasion. I just heard she received a DUI last month. Should I have any concerns?”
Your HR Survival Tip
Yes, you should definitely be concerned. Whenever you allow an employee to drive for any reason related to their work or your company, you are taking a risk. If anything happens while an employee is driving, it’s your company that will be sued.
Companies don’t always consider someone running errands as an actual driver for the company, but you should. Even a quick, one-time run for sandwiches for the boss’ lunch is considered work time and puts the company at risk. It doesn’t matter if they are using their own vehicle or yours, it’s the activity that will count against you.
Before allowing any employee to drive on company time for any reason, you really need to do your due diligence:
Do you get a copy of their personal auto insurance for your files?Do you get a copy of their driving record from DMV on a regular basis?Do you do post-offer drug/alcohol testing?Do you have a policy about driving for the company that mentions safe driving, the need to report any [click to read more …]
We often see little pieces of information that may affect you. This is just a quick summary of some of those items.
FFCRA Back to School Options
It’s possible the Families First Coronavirus Response Act (FFCRA) has more frequently asked questions (FAQs) and answers than anything we’ve seen in years. As always, the emergency Family Medical Leave (FMLA) component is available to employees who are unable to work or telework because of childcare issues. Now that schools have reopened in one format or another, more explanations were in order. The newest additions are FAQ #98, 99, and 100. Some schools now or in the upcoming months will offer in-person classes. The FFCRA monies will only be available if the school is not offering in-person classes, forcing the employee to stay home with their child due to remote learning. However, keep in mind the original qualification…the employee also cannot be able to work OR telework due to childcare issues.
FFCRA Revisions
Based on a court decision in New York, a few things have changed with how the FFCRA is generally applied by companies.
If someone is still officially your employee, they may be eligible for FFCRA monies even if [click to read more …]
“I haven’t been paying furloughed employees the emergency paid sick leave but just heard I might need to do it. Am I in trouble?”
Your HR Survival Tip
We have been subjected to ever-changing opinions and rules about COVID-19 since February…and now we have more. Most of these changes have not been backdated so you shouldn’t get in trouble for following the guidance current at that time. The latest changes include:
FFCRA for Non-Working Employees — Originally, only employees actively working were eligible to receive the FFCRA (Families First/CARES) money for emergency paid sick leave or emergency paid childcare leave. Now, anyone still in your employ may qualify for FFCRA money even if there is no available work for them (e.g., furloughed or sitting employees). Note: We don’t believe this applies to employees on a leave of absence.
FFCRA Documentation — You may not require documentation for a COVID-related leave PRIOR to the employee starting the leave. The employees will still need to provide documentation but they may begin the leave and then provide backup as soon as it’s practicable.
CDC Quarantine — The CDC is now only recommending a quarantine of 10 days after a positive test (rather than the original [click to read more …]
“I’ve always provided the tools my field employees need. Then an employee told me a previous employer made employees use their own tools. How can I implement that?”
Your HR Survival Tip
As you may have noticed, there seem to be laws or lawsuits for nearly everything employment-related in California. There are three things to consider when you have employees who use or need tools in the field:
Employer-provided tools — You provide all the tools, including maintaining and replacing them. You are not able to charge employees for the replacement of lost tools so consider a check-out/check-in system to track your tools.Employee’s tools — In California, you are only able to require employees to use their own tools on the job if you are paying those employees at least twice the state minimum wage (currently $24 or $26 per hour, depending on company size). If you have employees earning less than that, you are responsible for the tools.Paid commute — If you have employees carrying your company tools in their personal vehicle every day, there is the possibility you may be responsible for their commute time and costs. Current lawsuits haven’t yet been settled but it appears a paid [click to read more …]
“What do I need to track for COVID and what do I do with the information?”
Your HR Survival Tip
Running a business has become increasingly difficult as COVID rules and responsibilities keep changing. The one thing we all know is to send an employee home (or tell them not to come to work) when they have symptoms and/or test positive for COVID. But what then?
1) You follow your protocol, which should include finding and notifying those potentially exposed, cleaning the work area of the person who tested positive, etc. When warning about the exposure, you only say “someone you work with has tested positive.” While the employees may figure out who it is, the name can’t come from you due to privacy laws.
2) The next step is to notify your local health department to inform them of a positive case.
3) The last step is determining if this positive test must be reported on your Cal/OSHA Log 300 (that is posted February 1 to April 30 each year). You must list this incident if the employee misses work, is diagnosed by a doctor, has medical treatment beyond first aid, etc. These are the primary things that happen when [click to read more …]
“I don’t know how to handle all the possible exposures I’m hearing about from employees. Nothing seems to work for both the employee and my company.”
Your HR Survival Tip
Not surprisingly, companies are receiving more and more reports of employees who may have been exposed. We don’t know of any single solution that will work for everyone but we can tell you what some companies are doing.
It’s important to remember that without COVID symptoms, there is no financial help for the employee from the government. The employee must have symptoms AND be talking with a doctor or getting tested to qualify for the Families First money (emergency paid sick leave for 2 weeks).
There are three primary exposure solutions we’re hearing about but each has a negative:
Super Safe — You have an employee who was “possibly exposed” go into self-quarantine for 2 weeks. Give some thought about how many of your employees may be potentially exposed at any one time and that those employees won’t be paid during the quarantine period since they don’t have symptoms. The negative is the employee is unpaid for two weeks and you’re low on headcount that could affect your [click to read more …]
|
|
