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Pregnancy Leave – Part 2

Part 1 of this article covered pregnancy-related leaves to the delivery and medically-related disability period. Part 2 will discuss the options for the employee once the doctor has released her from the medical disability (usually with 8 weeks from the date of birth).

Your HR Survival Tip

Once the medical disability period is over, additional leave is considered baby bonding time off. Baby bonding is time off for either parent to bond with the baby within the first 12 months from the date of birth. All leaves available for baby bonding are unpaid time off and availability and job protection is dependent on the size of the company.

Many people believe Paid Family Leave is a leave to which they are entitled but that’s not true. This is actually a supplemental pay plan that is available ONLY IF the company or a law allows the employee to have baby bonding time off. The employee must qualify for a leave of absence before Paid Family Leave is available.

Leaves in companies with less than 20 employees — The only leave available in companies of this size is a personal leave of absence. The company is not required to offer [click to read more …]

New Independent Contractor Ruling

“I have a bookkeeping company and use independent contractors to service my clients. These are usually part-time people working from home. Does the new court decision change how I do this?”

Your HR Survival Tip

The California Superior Court recently issued a ruling about a delivery company’s truck drivers who were classified as independent contractors. This court ruling was specific to these drivers being eligible as part of a class action lawsuit but it may be the start of changing the qualifiers for independent contractors in general.

In the past, the Borello test was used and looked at numerous factors when EDD was deciding if someone was an independent contractor (IC). This new ruling used only three items in their test. These aren’t new but it does add focus:

The worker is free from the control and direction of the hiring company in connection with the performance of the work. — Often a company wants to provide training, lock down work hours, or have other forms of control that aren’t allowed when using ICs. The worker performs work that is outside the usual course of your business. — If you have a bookkeeping company, you can’t use ICs to provide [click to read more …]

Potential New Laws

We know how much you enjoy hearing about what the California legislature has been considering that would affect your business or employees. The following is a sampling of the bills currently being discussed but have not (yet) passed:

Your HR Survival Tip

General:

AB2841 — increases the state paid sick leave from 3 to 5 days. AB1938 — prohibits inquiries regarding familial status. (Basically, this will be about who an employee can take time off for… and you probably won’t be able to ask the relationship.) AB2482 / AB2484 — authorizes scheduling flexibility through increased access to “compensatory time off,” and allow for individual “alternative workweek schedules.” (I believe this would be a very useful set of laws.) AB1976 / SB937 — updates and expands workplace lactation accommodation requirements. AB2478 — enables employers to assist employees with student loan repayments. (This may be related to expensing that help instead of showing it as compensation to the employee.) AB2069 — amends the FEHA (Fair Employment and Housing Act) to regarding “discrimination” against medicinal marijuana users. SB1038 — amends the FEHA to impose individual liability upon employees who engage in post-complaint retaliation. (If an employee can be personally sued for retaliation [click to read more …]

Timely Payment

“I’m not sure I have enough money available to make payroll next week. Can I pay my employees later, after a client pays a big invoice?”

Your HR Survival Tip

No! Absolutely not! If you don’t think you’ll be able to pay them completely AND on time, have them stop working immediately.

California is very clear and very protective about employees being paid in full and at exactly the same time every pay period. Of course there are laws about this:

The employee must receive their pay within 7 days of the time worked. For example, if you are paying every 2 weeks, you only have 7 calendar days after that 2-week period ends to get a check in their hand. If you are using semi-monthly pay periods (twice per month) of 1-15 and 16-last day, the latest you can pay is the 26th and 10th, respectively. If your semi-monthly pay periods are on another schedule, such as 10-26 and 27-9, you must pay within 7 calendar days. You must post your pay day and the rules about it. If the pay day falls on a Saturday, Sunday, or holiday, you may pay the next business day. However, you need [click to read more …]

Scratches

Species

Pregnancy Leave – Part 2

New Independent Contractor Ruling

Potential New Laws

Timely Payment