California Paid Sick Leave.

California Assembly Bill 1522 to
Amend Section 2810.5 California Paid Sick Leave.

 California Assembly Bill No. 1522 to Amend Section 2810.5 California Paid Sick Leave:

• An employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days to be accrued at a rate of no less than one hour for every 30 hours worked.
• Paid sick days will carry over to following year but an employer can limit use of paid sick days to 24 hours or 3 days in each year of employment.
• The bill would prohibit an employer form discriminating or retaliating against an employee who requests paid sick days.
• The bill would require employers to satisfy specified posting notice in a conspicuous place and civil penalties will apply for violation of posting requirements.
• Three (3) year record-keeping requirements.
• Employees are entitled to paid sick leave after 90 days of employment.
• Exempt employees are covered and deemed to work 40 hours a week for the purposes of this Section.

Paid sick days extends to care of employee health, to caring for a biological or otherwise child regardless of age or dependency status, a biological or otherwise parent or guardian, a spouse, a registered domestic partner, a grandparent, a grandchild, or a sibling.

Excluded are employees covered by a valid collective bargaining agreement if the agreement expressly provides for paid sick days or paid leave or paid time off policy. Special exclusion provisions apply to employees in the construction industry and in home supportive services, air carrier employees subject to Title II of the federal Railway Labor Act (45 U.S.C. 181 et seq.)

Both Civil and Administrative Penalties apply for any violation of the act not to exceed an aggregate of $4,000.00 for each violation including reinstatement, back pay, the payment of sick days unlawfully withheld, as liquidated damages in the amount of fifty dollars ($50) to each employee or person whose rights under this article were violated for each day or portion thereof that the violation occurred or continued, plus, if the employer has unlawfully withheld paid sick days to an employee, the dollar amount of paid sick days withheld from the employee multiplied by three; or two hundred fifty dollars ($250), which ever amount is greater; and reinstatement in employment or injunctive relief, and further shall be awarded reasonable attorney’s fees and cost , provided, however, that any or entity enforcing this article on behalf of the public as provided for under applicable state law shall, upon prevailing, be entitled only to equitable, injunctive, or restitutionary relief and reasonable attorney’s fees and costs.

NEW JERSEY

In determining employment/independent contractor status for unemployment insurance and disability entitlement purposes, New Jersey imposes, what is widely referred to as the three part, ABC Test. Unlike the common law test, the ABC Test has generally become more difficult for many employers to meet when defending independent contractor models. The “Right to Control Test”, used by yet another New Jersey agency that enforces the wage and hour laws is now compelled to also use the ABC Test for employers that utilize independent contractors. Therefore employers should be aware that this TEST will be applied in instances where independent contractors file wage claims as well as when wage and hour audits are performed. This is a rigorous test that represents the many challenges that lie ahead.

THE US DEPARTMENT OF LABOR is responsible for enforcement of the Federal Labor Standard Act (FLSA) and over the past several months they have been active in conducting field audits in the transportation industry and those industries that traditionally use independent contractors. The relevant questions that employers should be prepared for are: * Note that the factors as listed are not all inclusive.

• Does alleged employer have required Federal and State Posters posted in conspicuous area?
• Is the worker economically dependent on alleged employer’s business?
• What level of skill does worker possess?
• Is there a relative degree of investments by worker and not merely worker’s investment in equipment to perform the work for the alleged employer?
• Is worker competitively marketing him or herself?
• Is the worker relationship continuous/permanent with alleged employer?
• To what degree does alleged employer exercise direction and control?

Lastly, we are proud to announce that Consultech has agreed to form an affiliate relationship, with Richard Polsinello, a former Director with the New York State Department of Labor, the Labor Standards Division that enforces the wage and hour laws. After well over 30 years with the NYS DOL, Richard remains active in representing employers both pro-actively as well as representation on both wage hour claims and wage hour audits before the New York State Department of Labor. Here are some collective TIPS.

• Upon audit request DOL representative show ID.
• Be cordial and cooperate with DOL representative upon audit.
• Develop or keep current employee Job Descriptions.
• Keep Employee Handbooks current.
• Maintain accurate wage and hour records for six (6) years.
• Document all employee job separations/terminations.
• Have Progressive Disciplinary procedures in place.
• At time of hire under WTPA, employers are required to give written notice of pay rates.
• Utilize knowledgeable professionals to assist during an audit, i.e. Accountant, Attorney, or Labor Consultant.

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