8/24/2016

1

Tips & Trends Employment Law for

Private Clubs in California

8/24/2016

2

Do I Really Need HR?

• Skimping on HR Now Can Cost More Later

Tips and Trends

• Confidential Settlement Agreements

• Wage and Hour Exposure

• Minimum Wage & Paid Sick Leave Changes

• Managing Protected Leaves

• Aging Workforce

• Cal OSHA Visits

• Homeland Security Visits

• Upcoming Items

8/24/2016

3

Confidential Settlement Agreements

Tips and Trends

• Confidential Settlement Agreements • Increasing Presence

• Payroll Time Records

• Overtime Calculations

• Meal & Rest Period Violations

• Pay Stubs

• Subpoena up to 4 years of payroll & employee file

8/24/2016

4

Wage & Hour

Tips and Trends

• Wage and Hour Exposure • EPLI- Wage & Hour Usually Excluded

• Policy and Procedure

• Enforcement By Managers – Use Discipline if Necessary

• Penalties

• Documentation

• My Rock Star Could Get Me In Trouble

8/24/2016

5

Min Wage & Paid Sick Changes

Tips and Trends • Minimum Wage & Paid Sick Leave Changes • Below is a summary of changes to the law set to occur on July 1, 2016:

• Los Angeles City: Employers with 26 or more employees will be required to pay a minimum wage of $10.50 for all work performed within the city limits. Employers with 25 or fewer employees will receive a one-year delay from the increase to July 1, 2017. Certain non-profit corporations with 26 or more employees may also apply for deferral of the increased minimum wage until July 1, 2017.

• Also, starting July 1, 2016, employers with 26 or more employees will be required to provide paid sick leave beyond the requirements of state law. Employers with 25 or fewer employees also receive a one-year delay from compliance and must begin providing enhanced sick leave benefits on July 1, 2017. More information on the Los Angeles Sick Leave Ordinance is available here.

• Los Angeles County – Unincorporated Areas: For each hour worked within the unincorporated areas of the County, an employer with twenty-six (26) or more employees shall pay a wage of no less than $10.50 beginning July 1, 2016. An employer with twenty-five (25) or fewer employees receives a one year delay to pay the increased minimum wage until July 1, 2017.

• More information on the Los Angeles County minimum wage is available here. The County lists unincorporated areas of the County here.

8/24/2016

6

• Minimum Wage & Paid Sick Leave Changes

• El Cerrito: $11.60 beginning July 1, 2016.

• Emeryville: Beginning July 1, 2016, the minimum wage will increase to $14.82 for employers with fifty-six (56) or more employees. For employers with fifty-five (55) or fewer employees, the minimum wage will be set at $13.00 starting July 1, 2016.

• Santa Monica: For each hour worked within the city limits, an employer with 26 or more employees shall pay a wage of no less than $10.50 beginning July 1, 2016. Businesses with 25 or fewer employees will receive a one year delay from the wage increase to July 1, 2017.

• Pasadena: $10.50 beginning July 1, 2016.

• San Francisco: $13.00 beginning July 1, 2016.

• Sunnyvale: $11.00 beginning July 1, 2016.

• San Diego: The Earned Sick Leave and Minimum Wage Ordinance is effective as of July 11, 2016. All employers must pay to each employee who performs at least two (2) hours of work within the geographic boundaries of San Diego, wages not less than $10.50 per hour and provide paid sick leave.

Tips and Trends

Tips and Trends

• Managing Protected Leaves • 22 Different Protected Leaves in CA

• Proper forms and notices

• Timeliness

• Proper Documentation

• Educate Managers

8/24/2016

7

Tips and Trends

• Aging Workforce • Physical Requirements

• Repetitive Motion

• Planning for Retirement

• Financial Wellness

• Cumulative Trauma WC Claims

• Age Discrimination

• Open Discussion and Dialogue with Employee

8/24/2016

8

Tips and Trends

• Prepare for a Cal OSHA Visits

Tips and Trends

8/24/2016

9

Tips and Trends

Homeland Security Audits

8/24/2016

10

Tips and Trends

• Homeland Security Visits • Fines increased as of Aug 2016

• Increased Activity and Audits

• Have 2 Files (1 for Active and 1 for In-Active Employees)

• Monitor Expiration Dates on Work Permits

• Make Sure Dates are Correct (in 3 areas)

• Technical Errors Pose the Greatest $$ Fines for Employers

New and Upcoming

8/24/2016

11

Tips and Trends

• New or Upcoming Items

• CA DFEH Discrimination and Harassment Definitions

• DOL FLSA Exemption Classifications

• CA Fair Pay Act- Wage Discrimination

• EEO-1 Will Now Require W-2 Information

• CA DLSE Individual Liability Wage & Hour Claims (LC Sec 98(a) 558.1)

Recommendations

8/24/2016

12

Tips and Trends - Recommendations

• Audit your Wage & Hour Practices

• Update All Policies and Procedures (as needed and distribute)

• Train all Managers on Policies and Procedures (consistency is key)

• Train all Employees on required Items

• Annual Compliance Survey – “Silver Bullet”

• Job Descriptions- hire, interview, orientation, physical requirements,

disabilities, WC, classifications, terminations, etc.

• Employee Hotline- complaints, issues, questions

• Self Audit – I-9 forms, Cal OSHA logs, ACA Compliance, ERISA Documents

• Have an Active and Present HR Professional (Bi-lingual highly recommended)

• Take Your Time Hiring

• Post hire, pre- start date tests (physical, criminal, drug/alcohol, credit, aptitude,

personality)

• Look at Every Situation and Figure Out the Best Course of Action (No Emotions)

Tips and Trends - Recommendations

8/24/2016

13

Tips and Trends - Recommendations

“We Do More Than Your Average Insurance Broker- We Protect Our

Clients and Their Bottom Line.”

Information presented is for illustration purposes and should not be considered legal advise. ISU S&K Financial and Insurance and it's employees do not practice law or provide legal service. ISU S&K does not engage in the practice of law, accounting or tax consulting. ISU S&K encourages everyone to consult with their own attorney, certified public accountant and tax professional on any issues involving specific facts, persons, circumstances or situations.