2012 - New Laws for Employers

Hello!

As 2011draws to a close, it is time to start preparing for the New Year!

New laws going into effect January 1^st will require employers to make some changes. As a Wateridge client you have access to the resources of the American Consulting Group, a HR, safety and labor consulting firm. ACG’s attorneys have put together the following update on the new laws that you need to be aware of and appropriate measures to consider:

22 New Employment Laws Will Impact California Businesses in 2012

Beginning January 1, 2012, a variety of new laws will take effect that will impact the employment practices of companies doing business in California.  The American Consulting Group is strongly recommending that all companies begin revising their employment policies and making modifications to employee handbooks in order to conform to the new legislation. 

Recommended Action Items for Employers

• Conduct an audit of wage and hour practices to insure exempt employees and independent contractors qualify for that status.  New Labor Code Section 226.8 mandates stiff penalties ($5000 to $15000 per violation) for misclassifying employees as independent contractors.
• Modify your company’s workers' compensation postings to include the website address and contact information that employees may use to obtain further information about the workers' compensation claims process and an injured employee's rights and obligations, including the location and telephone number of the nearest information and assistance officer.
• Confirm that employee payroll records are retained for at least three years vs. two years (Amended Labor Code section 1174).
• Consider adding an affirmative confirmation on every hourly, non-exempt employee's time sheet, verifying that the hours entered accurately state all of the employee's hours worked during the period covered by the time sheet or record.
• Prepare to provide each employee with a written notice, at the time of hiring, that specifies all of the information required by new Labor Code section 2810.5.
• Begin preparing written commission agreements for employees who receive commissions to prepare for compliance with AB 1396, which requires such written agreements to be in place by 2013.
• Review your leave and benefit policies and make revisions to comply with changes to Pregnancy Disability Leave rights (SB 299).
• Add a Social Media policy to your employee handbook that addresses recent National Labor Relations Board (NLRB) rulings respective to protected concerted activities and rights of employee to disclose information. Additionally, modify company’s electronics within the workplace, confidentiality and conflicts policies to bring current with recent NLRB rulings.
• Review all of your company’s written safety policy programs to ensure the following: 1.) That only the programs that a company is REQUIRED to adhere to are noted in any documentation, 2.) that any “borrowed” or vendor-provided documents are reviewed first by a specialist before implementing and to check that each actually meets YOUR SPECIFIC company’s requirements, 3.) Review all safety programs to ensure that all policies included are actually operational, 4.) Review your company’s system for appeals respective to any government issued citations is functional.

Please feel free to contact me with any questions or assistance.

Have a wonderful and safe New Years!

Carol