12.11.24

Labor Law Updates for 2025

HR Headliner

It’s hard to believe that 2025 is just around the corner! The year ahead will bring a variety of changes to California employment laws, impacting your HR policies and company procedures. We know it’s challenging to keep up with all of the new requirements while staying focused on your business, and Sierra HR is here to help! Below is a summary of key legislative changes and action steps you can take to ensure your company remains compliant and well-prepared.

California Minimum Wage: Effective January 1, 2025, our statewide minimum wage will increase to $16.50 per hour. This means the new minimum salary for an exempt employee must be at least $68,640 per year. (Employers in the healthcare industry or cities/counties with minimum wage ordinances may have higher requirements.)

Action Step: Review all employees’ wage rates to ensure compliance. If any exempt employees’ salaries will no longer meet the minimum requirement, consider either increasing the salary or transitioning the employee to non-exempt (hourly) status.

Senate Bill 1100 – Driver’s License Discrimination: This law prohibits employers from requiring an employee to have a driver’s license as a job qualification, unless the job duties will include driving. The employer must also be able to show that allowing those duties to be done through other means of transportation, such as riding a bicycle or using a ride share service, would not be comparable in travel time or cost to the employer.

Action Step: Review your job descriptions and job announcements to identify any positions that include a driver’s license as a required qualification. Consider whether driving is actually a necessary part of each position, and make appropriate edits. Sierra HR Partners is available to help you analyze job requirements, if desired.

Assembly Bill 2123 – Required Use of Vacation Benefits Before Paid Family Leave: Current law allows employers to require the use of up to two weeks’ vacation/PTO before an employee may claim Paid Family Leave benefits through the EDD. Effective January 1, 2025, this law will prohibit employers from making this requirement. Employees may elect to use accrued vacation/PTO to coordinate with PFL payments received from the state during a leave of absence.

Action Step: Review your Employee Handbook policies and Leave of Absence notices to ensure compliance. Be sure to share this change with supervisors to ensure consistency in employee communications.

Assembly Bill 2499 – Protections for Victims of Crime: Existing state law provides leave entitlements and on-the-job protections for employees who are victims of domestic violence and other specified crimes. The new law expands eligibility to include employees who are victims of “qualifying acts of violence” and adds protections for employees whose family members are crime victims. There will also be a new posting requirement, with a form available from the Civil Rights Department by July 1, 2025.

Action Step: Review your Employee Handbook policies and company procedures regarding leaves and protections for victims of crime to ensure compliance. Train supervisors to recognize employee cues of the need for leave or accommodations, and engage in an interactive process with employees who may need support.

Senate Bill 1137: Discrimination Claims, Combination of Characteristics: This law adopts the concept of “intersectionality” as an analytical framework which claims that different forms of inequality operate together, exacerbate each other, and can result in amplified forms of prejudice and harm. The Unruh Civil Rights Act and the Fair Employment and Housing Act prohibit discrimination based upon the combination of any two or more protected bases.

Action Step: Continue to maintain a workplace that is characterized by professionalism and respect, and train supervisors and employees to avoid conduct that is, or could be perceived to be, hostile or discriminatory on the basis of any protected characteristic, of combination of them.

Senate Bill 399 – Worker Freedom from Employer Intimidation: This law prohibits employers from taking adverse action against employees who decline to attend mandatory meetings or read employer communications on religious or political matters. An employee who is working at the time of a meeting but elects not to attend must be paid for his/her entire schedule.

Action Step: We feel like this should go without saying, but don’t conduct mandatory employee meetings on political or religious topics. If a related subject is particularly important to the company and an employee meeting is deemed beneficial, be sure employees understand that attendance is voluntary and avoid retaliatory actions against any employee who chooses not to attend.

 


10.03.24

UPDATE: Healthcare Minimum Wage Increase Effective October 16, 2024

HR Headliner

On October 1, we let you know that California’s increasing minimum wage for healthcare workers was likely to become effective in the near future… and we didn’t have to wait long for the announcement to be made.

Later that day, the California Department of Health Care Services notified the Joint Legislative Budget Committee that it had initiated the process of data retrieval relating to hospital quality assurance fees. According to state law, the increased minimum wage rates become effective 15 days from this notification, which will be October 16.

Healthcare employers who are covered by this law should finalize their plans to implement necessary wage increases effective on October 16. If you’re uncertain whether the increased wages apply to your business, we recommend seeking attorney guidance in order to make a confident decision.

 


10.01.24

UPDATE: Healthcare Minimum Wage Increase Effective Soon (We Think)

HR Headliner

UPDATE: Healthcare Minimum Wage Increase Effective Soon (We Think)

If you’re in the healthcare field or your company is at all connected to the healthcare industry, you’ve been following the status of California’s rising minimum wage for healthcare workers. The increase was supposed to be effective on June 1, 2024, but was delayed to July 1, and then delayed again to possibly October 15.

With this date quickly approaching, healthcare employers should be prepared for two possible announcements that would trigger the higher wage requirements.

The first trigger has to do with 3rd quarter cash receipts (taxes received) reported by the California Department of Finance. If that amount is at least 3% higher than what was projected in the state’s 2024 budget, the minimum wage will go into effect on October 15. If this is the case, we will be notified by the State Director of Finance sometime after the close of the 3rd quarter, meaning on or after October 1, 2024. This will leave, at most, 14 days for employers to implement the necessary wage increases.

The second trigger has to do with data retrieval related to hospital quality assurance fees. These fees could potentially offset the costs associated with minimum wage increases. Once this data retrieval process is initiated, the State Department of Health Care Services will notify the Legislature. The minimum wage increase would then go into effect 15 days later but no later than January 1, 2025. Again, this leaves just 15 days for employers to be notified before the change goes into effect. Currently, there is no known legislative effort to delay the minimum wage increases further beyond January 1, 2025.

We know these updates are complex – if you click on either of the links above, your head may be spinning from the list of subparagraphs and subdivisions that indicate how decisions will be made. Healthcare employers are encouraged to review their compensation plans and be prepared for notification that the wage increases could go into effect as soon as October 15. Sierra HR Partners will keep you informed of any news on this topic.


08.15.24

California’s Minimum Wage Is On The Rise Again

HR Headliner

California’s Minimum Wage Is On The Rise Again

The end of the year is approaching, and your business may be budgeting for minimum wage increases. Do you know how much you will be paying on January 1, 2025? Unfortunately, due to a ballot measure planned for this November, the answer is not yet certain.

CPI-Based Increases

Regardless of what happens with the ballot measure, you should be planning on an increase (if you’re not in an industry that’s already had hourly wages increased beyond $16). With the passage of Senate Bill 3 in 2016, California’s minimum wage started a climb to $15/hour. That law, Labor Code 1182.12, includes a provision to continue with increases beyond $15. On or before August 1 of each year, the state Director of Finance must issue an adjustment to the state minimum wage based on the Consumer Prince Index. This is the provision that led to increases to $15.50 in 2023 and $16 in 2024. Earlier this month, on August 1, the Director of Finance officially certified and announced that starting January 1, 2025, the minimum wage for all employers will increase to $16.50. Consequently, the minimum salary for an exempt employee will be $68,640.

Proposition 32

Does this mean that employers not already covered by fast food or healthcare minimum wage requirements can plan on paying $16.50 starting January 1? Not necessarily! As we wrote in August of last year, Proposition 32 – which failed to qualify for the ballot in 2022 – will be up for a vote on this November’s ballot. If passed, it would adjust Labor Code 1182.12 to increase the minimum wage even more. What’s more, these increases would happen suddenly, given that the proposition was not adjusted to account for its failure to qualify in 2022.

For employers of 26 or more, the passage of Proposition 32 would immediately raise the minimum wage to $17, and then to $18 on January 1, 2025. For employers of fewer than 26, the minimum wage would increase to $17 on January 1, 2025, and then to $18 on January 1, 2026. Starting in 2027, like now, the state Director of Finance would be empowered to make annual increases according to changes in the Consumer Price Index. A minimum wage of $17 corresponds to a minimum exempt salary of $70,720, and a minimum wage of $18 corresponds to a minimum exempt salary of $74,880.

How likely is Proposition 32 to pass? The idea of increasing the minimum wage is popular. In January, a USC Dornsife/Price Center for Urban Politics and Policy poll found that 59% of likely voters supported an increase to the minimum wage.

Other Industries and Municipalities

Other industries have already seen minimum wage increases. Fast food workers must earn at least $20/hour, and the healthcare minimum wage increases are currently planned for between October 15 and January 1 after a delay earlier this year, depending on the health of the state budget. Additionally, almost 40 different municipalities in California have set their own minimum wage.

Next Steps

Regardless of what happens with Proposition 32 in November, plan for a minimum wage increase to at least $16.50/hour and a corresponding increase to the exempt employee salary minimum to $68,640/year. At the same time, consider what changes may be required for both your minimum wage employees and your exempt employees should Proposition 32 pass in November. Additionally, even if you already pay above minimum wage, these increases might make it harder to compete for entry-level employees.

If you’re not sure about minimum wage increases or whether you’re in a municipality with its own minimum wage, contact one of our Consultants. We’re here to help!


08.08.24

COVID-19 Cases Are on the Rise: Reminders for Keeping Your Employees Safe and Complying with California’s Guidelines

COVID-19

With COVID-19 cases back on the rise in the San Joaquin Valley, we wanted to remind you of California’s current guidelines on COVID-19 in the workplace. The California Department of Industrial Relations Division of Occupational Safety & Health Publication Unit released these guidelines on January 9, 2024.

Infectious Period

The infectious period for symptomatic COVID-19 cases begins when symptoms appear. Individuals with symptoms can return to work if they have been fever-free for 24 hours and their symptoms are either mild or improving.

For asymptomatic COVID-19 cases, there is no designated infectious period for exclusion or isolation. If symptoms do emerge, the same criteria as for symptomatic cases apply. This represents a notable change from the earlier definition, which considered the infectious period to span from two days before symptom onset to ten days after symptoms first appeared, given that the person has been fever-free for 24 hours and symptoms have improved.

Isolation

Asymptomatic COVID-19 cases are no longer required to isolate for five days. Instead, they should wear a mask for 10 days and avoid close contact with individuals at high risk for severe COVID-19 for the same period. Symptomatic COVID-19 cases should be excluded for 24 hours and can return once they have been fever-free for 24 hours and their symptoms are mild or improving.

Testing

The CDPH now advises against testing all close contacts of those infected with COVID-19. Instead, testing is recommended only if a close contact (1) exhibits new COVID-19 symptoms, (2) is at higher risk of severe illness, or (3) has contact with individuals at higher risk of severe illness. However, employers must still provide free COVID-19 testing during paid time for employees who have experienced close contact, except for those who are asymptomatic and have recently recovered from COVID-19.

Although testing requirements have become less stringent since 2020, employers are still mandated to test all close contacts during an outbreak and everyone in the exposed group during a major outbreak (three or more employee COVID-19 cases in an “exposed group” within a 14-day period). In such situations, employees showing symptoms who refuse to be tested must be excluded from work for at least 24 hours from the onset of their symptoms. They can only return to work once their symptoms are mild or improving and they have been fever-free for at least 24 hours without using fever-reducing medications.

Prevention Policies

Employers are still required to address COVID-19 as a workplace hazard. They should ensure their COVID-19 prevention programs are updated and do not contain outdated information regarding isolation and exclusion requirements.

Provide Notice

Although some notice requirements expired on January 1, employers are still obligated to inform employees and independent contractors who had close contact with a COVID-19 case within one business day. This notice should include information on COVID-19-related benefits available under federal, state, or local laws. For instance, employees who test positive, are unable to work due to COVID-19 and believe they contracted it at work should be given information on how to file workers’ compensation or disability insurance claims.

Face Coverings

Employers must continue to provide face coverings and ensure their use as required by CDPH. For example, symptomatic COVID-19 cases returning to work must wear a face covering until 10 days have passed since symptoms began. Asymptomatic COVID-19 cases must wear face coverings for 10 days from the date of their first positive test.

Have Questions? Give us a call at 559-431-8090 or e-mail us at consultants@sierrahr.com

We’re here to help!