Newsletter

February 2021

Stay Current Newsletter

2021 Compliance Posters

2021 posters have started being distributed! Have you reserved yours yet? Reach out to our team to ensure you are in compliance for the new year.  

IRS Updates FAQ’s on Employer Tax Credits for FFCRA Leave

New Guidance Addresses Credit Extension for Leave Granted Voluntarily

On Jan. 29, 2021, the IRS updated its frequently asked questions (FAQs) on tax credits available to employers for providing paid employee leave under the Families First Coronavirus Response Act (FFCRA). While the paid sick and family leave requirements of the FFCRA expired on Dec. 31, 2020, the law’s tax credits were extended for employers that voluntarily provide the leave to employees through March 31, 2021. The FAQ updates address this extension.

The FFCRA tax credits cover certain costs of the employee leave required by the law: employee wages, health plan expenses allocable to those wages, and the employer’s portion of the Medicare tax related to the wages.
Eligible employers may claim the credits on their federal employment tax returns (e.g., Form 941, Employer's Quarterly Federal Tax Return), but they can benefit more quickly from the credits by reducing their federal employment tax deposits.

Article republished with permission from HR360.

OSHA 300A Form Posting Requirements

Most employers are required to post the OSHA Form 300A from February 1 – April 30 every year. Employers that are classified with a low-hazard Standard Industrial Classification code or have 10 or fewer employees are exempt from posting.

If there were no recordable incidences in the previous year, the summary form must still be posted with zeros. The form should be posted in an area frequented by employees, usually close to the compliance postings.

Reminder: New Leave Requirements for California Employers

Last year, Governor Newsom signed a historic piece of legislation that expands the California Family Rights Act (CFRA) and brings changes to almost every employer in the state. Employees that work for a company with five or more employees may now be entitled to up to 12 weeks of job protected leave for their own personal medical condition or to care for a family member with a serious medical condition. Known as SB 1383, this legislation took effect January 1, 2021. 

Click here to read more about the requirements. 

Question of the Month: COVID-19 Testing

As an employer, what are my obligations regarding COVID-19 testing for my employees?


Under the Cal/OSHA Emergency Temporary Standard (ETS), employers must provide testing in three scenarios. 

If there is a potential work-related exposure, employers must offer testing to the employee at no cost during working hours. If any costs are incurred by the employee (mileage, fees for testing) those amounts should be reimbursed by the employer. 
If there is an outbreak (three or more positive cases within 14 days at a worksite), employers must provide testing to all exposed employees TWICE: immediately, then again one week later. With this tight turnaround timeframe, employers should have a plan in place to take immediate action in the event of an outbreak.

If there is a major outbreak at a worksite (20 or more positive cases within 30 days), employers must offer testing twice a week to “all employees present at the exposed workplace during the relevant 30-day period” and any employee who remains at the workplace. 

We continue to monitor the guidelines. Contact the HR consulting team with questions. 

January 2021

Stay Current Newsletter

New COVID-19 Relief Bill: Highlights for Employers

On December 27, 2020, President Trump signed into law the much-anticipated COVID-19 relief bill (the “Bill”), which was approved by Congress a week earlier. The Bill, a follow-up to the March 2020 CARES Act, provides a second round of stimulus dollars and economic relief measures; it also contains several provisions of particular importance to employers.
Temporary Provisions for Flexible Spending AccountsThe Bill includes a number of temporary relief measures for Flexible Spending Accounts (“FSAs”). These measures are permissible, not mandatory. Employers who wish to incorporate some or all of these relief measures must make appropriate plan amendments no later than the last day of the calendar year following the plan year in which the change is effective. 

  • Balance Carryovers: For 2020 and 2021 plan years only, participants may be permitted to carry over unused balances of any amount in both a Health and Dependent Care FSA. This means that carryover amounts are unrestricted going into plan years 2021 and 2022. Note that ordinarily, Dependent Care FSAs cannot offer a carryover feature. 
  • Grace Periods: Health and Dependent Care FSAs that do not incorporate a carryover feature can provide a grace period of up to 12 months for plan years ending in 2020 and 2021. The extended grace period will allow participants additional time to incur eligible expenses.
  • Election Changes: The mid-year election change rules for Health and Dependent Care FSAs may be relaxed to permit employees to make prospective changes to election amounts absent a qualifying event. This relaxation of the election change rules is similar to the relief previously provided for cafeteria plans in 2020 (Benefits Bulletin: IRS Provides Temporary Flexibility for Cafeteria Plans, Health FSAs, and DCAPs) and is available through plan years ending in 2021.
  • Eligible Dependent Age: Dependent Care FSAs may temporarily increase the age of eligible dependents by one year (from 13 up to age 14).
  • Terminated Employees: Participants in a Health FSA who terminate employment in 2020 or 2021 may spend down their account balances through the end of the plan year in which the termination occurs.

Extension of FFCRA Tax Credits
While the paid sick and family leave mandate under the Families First Coronavirus Response Act (“FFCRA”) expires on December 31, 2020, the associated tax credits available to employers who provide this leave will remain available through March 31, 2021. Thus, employers who voluntarily continue to provide FFCRA leave may also take advantage of the available tax credits through the first quarter of 2021.

Continuation of the Employee Retention Tax Credit
Originally set to expire on December 31, 2020, the Bill authorizes a continuation of the Employee Retention Tax Credit through June 30, 2021. This tax credit allows businesses to claim a refundable payroll tax credit for up to 70% of qualified wages paid to employees (an increase from the previous cap of 50%). Despite the increase in percentage of qualified wages, the wage dollar limit remains $10,000 per employee per quarter. This limits the per-employee credit amount to no more than $7,000 per quarter.

Reauthorization of the Paycheck Protection Program
Finally, the Bill allocates additional funding for the Paycheck Protection Program (the “PPP”). This new round of funding means that businesses will have another opportunity to apply for and receive PPP funds – even those that received funding during the first round of PPP – in order to retain employees and cover basic operating expenses. The Bill also expands the list of expenses that are considered forgivable.

Next Steps
For provisions relating to FSAs, employers should carefully consider which measures, if any, it wishes to incorporate, and should then coordinate with third-party administrators to make timely plan amendments and distribute necessary participant communications such as Summaries of Material Modifications (“SMMs”). For provisions relating to tax credits and lending programs, employers should reach out to their tax advisor to determine how best to tap into the available assistance.

Additional resources: 
• Consolidated Appropriations Act, 2021 (the Bill)
• FFCRA Tax Credits
• Employee Retention Tax Credit
• Paycheck Protection Program

Minimum Pay Increases for 2021

Effective January 1, 2021, minimum wage in California increased. The chart below lists the new minimum pay requires for both exempt and non-exempt employees based on your company size. If you had employees right at the threshold for last year, now is the time to ensure their pay has been increased to meet the current requirement. 

Minimum Wage (Employers with 25 or fewer employees)$13 per hour
Minimum Wage (Employers with 26 or fewer employees)$14 per hour
Exemption Salary Threshold (Employers with 25 or fewer employees)$54,080 annually
Exemption Salary Threshold (Employers with 26 or fewer employees)$58,240 annually

2021 Compliance Posters

January is already more than halfway over. Have you reserved your compliance poster yet? Reach out to our team to ensure you are in compliance for the new year. 

Due to the high number of new laws, changes, and updates, the 2021 compliance posters are delayed. We will reach out to our pre-order clients once the posters have been released for printing.  

Employers Subject to EEO-1 Reporting Should Begin Preparing 2019 and 2020 EEO-1 Component 1 Data

On Jan. 12, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it will open four equal employment opportunity (EEO) data collections in 2021. The agency had previously delayed EEO collections in May 2020 due to the coronavirus pandemic.

According to the announcement, EEO reporting will now resume according to the following schedule:

April 2021: Private employers and federal contractors will be required to file 2019 and 2020 EEO-1 Component 1 data.July 2021: Certain public elementary and secondary school districts will be required to file 2020 EEO-5 data.August 2021: Certain unions will be required to file 2020 EEO-3 data.October 2021: State and local governments will be required to file 2021 EEO-4 data.

This article has been reprinted with approval from HR360.

Cal/OSHA Emergency Temporary Standard expanded FAQ released

The Department of Industrial Relations (DIR) released additional FAQ’s about the Cal/OSHA Emergency Temporary Standard (ETS). 

Important new information is included in the following sections:
  • Pay for employees excluded from the workplace
  • How exclusion pay coordinates with other benefits offered (workers’ compensation, state disability, paid sick leave)
  • Recommendations for reducing the spread of COVID-19 in your workplace
  • Guidance on when an employee may return to the workplace and what information may be required by employers
Your consulting team is available to help guide you through the new information and discuss a plan for implementation. 

December 2020

Stay Current Newsletter

COVID-19 Reporting Requirements for California Employers

A new Emergency Temporary Standard (ETS) was adopted by the Cal/OSHA Standards Board and signed into immediate effect on November 30. This new ETS will apply to almost every employer in the state of California and supersedes certain previous COVID-19 requirements. 
Missed our post? Read it here.

Vaccines in the Workplace: Can you Require Them?

The first vaccines were distributed in the U.S. on Monday, December 14, 2020. This is a major turning point in the global pandemic. As the rollout of vaccines expands, employers may wonder “Can I require my employees to be vaccinated?” 

As of the date of this article, employers cannot require employees to receive vaccinations (with certain exceptions based on industry). Although unconfirmed, there is speculation that there may be a new ruling soon, permitting employers to require employees to receive a vaccine. If an employer does require a vaccine, they will need to be prepared for employees to request exemptions for personal, medical, disability, religious, or other reasons. 

However, employers can encourage employees to get a vaccine. This allows employees the opportunity to decline the vaccine without the employer needing to enter into the interactive process to determine if an accommodation is reasonable. 

The Equal Employment Opportunity Commission (EEOC) released guidance about vaccines in the workplace on December 16, 2020. The new information can be found by clicking here and scrolling to section K. 
There is no simple answer or approach to vaccines in the workplace. Your consulting team is available to assist you with navigating your role as an employer. 

Harassment Prevention Training Deadline is 12/31

Employers with five or more employees must complete harassment prevention training for all employees by December 31, 2020. While employers were hopeful an additional extension would be granted, that is not the case. Ask a member of your consulting team for session requirements and methods to complete the training virtually.

Final Forms and Instructions for 2020 ACA Reporting Released

2020 ACA Reporting is Due in Early 2021

The IRS has released final 2020 forms and instructions for use in early 2021 to report under IRS Code Sections 6055 and 6056 for the 2020 calendar year. 

  • 2020 Form 1094-B and Form 1095-B (and related instructions) will be used by providers of minimum essential coverage (MEC), including self-insured plan sponsors that are not ALEs, to report under Section 6055.
  • 2020 Form 1094-C and Form 1095-C (and related instructions) will be used by applicable large employers (ALEs) to report under Section 6056, as well as for combined Section 6055 and 6056 reporting by ALEs who sponsor self-insured plans. 

The forms and instructions include a number of changes and clarifications related to 2020 reporting. 

  • The deadline for furnishing statements to individuals under Sections 6055 and 6056 has been extended to March 2, 2021.
  • Good faith relief from penalties for reporting incorrect or incomplete information has been extended to 2020 reporting.
  • The IRS has extended relief from penalties for reporting entities that furnish individual statements under Section 6055 only upon request for 2020 calendar year reporting.
  • The “Plan Start Month” box on Form 1095-C is now required for 2020 reporting.
  • Certain additions were made to the 2020 Forms 1095-B and 1095-C related to individual coverage HRAs (ICHRAs). Form 1095-B includes a new code G to be used on line 8, Origin of the Health Coverage, to identify coverage under an ICHRA. In addition, Form 1095-C includes new codes in Code Series 1 for reporting offers of ICHRAs, as well as new lines for reporting required information. 

Employers should become familiar with these forms and instructions for reporting for the 2020 calendar year. Individual statements must be furnished by March 2, 2021, and IRS returns must be filed by Feb. 28, 2021 (March 31, 2021, if filed electronically).

This article has been reprinted with approval from HR360.

Expanded Pay Reporting Requirements Effective January 1

SB 973 will require employers with 100 or more employees to provide certain pay information to the state of California on an annual basis. The first report is due on March 31, 2021 for calendar year 2020. The Department of Fair Employment and Housing (DFEH) is expected to release a secure, online reporting portal in advance of the filing deadline.
Many employers with 100 or more employees are familiar with the federally required EEO-1 report about representation of males versus females in ethnic groups in nine occupational classifications or job categories. In 2017 and 2018, employers had to begin including pay data information with this report, also known as EEO Component-2 data. Due to the pandemic, this reporting has been federally postponed with no known revival date. 

In response to this, California has created their own pay reporting requirement. The report will include information including number of employees by race, ethnicity, and sex based on 10 job categories. These employees will be separated into pay bands as established by the US Bureau of Labor and Statistics Occupational Employment Statistics Survey. The report will also include the total hours worked by each employee in each pay band. 

This will not be an easy or quick task. Employers who must report should start planning now. Until the online portal is released, updates and information can be found here

Question of the Month: Do I Need Compliance Postings if my Employees are Remote?

Maybe. Employees that are working remote 100% of the time and do not set foot in an office location should have the compliance posters mailed to them in a hard copy. Hard copies are suggested to comply with the specific font and document size requirements. Employees that periodically visit a work location with postings do not need copies mailed. 

Your consulting team is available to assist you with the best strategy to remain compliant. If you need to place your order for a 2021 poster, contact us here.

Holiday Office Closures

Our offices will be closed Thursday, December 24 through Friday, January 1, 2021 in observance of the Christmas and New Year holidays. We will respond to all emails and voicemails when normal business hours resume on Monday, January 4, 2021.

November 2020

Stay Current Newsletter

COVID-19 & the Americans with Disabilities Act: What is the connection?

COVID-19 cases are on the rise across California. Just this week, many counties in Northern California were moved back into a more restrictive status tier per the Blueprint for a Safer Economy. This increase in cases has required employers to navigate the process of a potential exposure of a communicable disease in their workplace. What may not be on top of mind during this time is an employer's obligation under the Americans with Disabilities Act (ADA).

Missed our post? Read it here

Reminder: Harassment Prevention Training Deadline is 12/31

COVID-19 has been dominating much of the spotlight lately. However, it is important to remember that employers with five or more employees much complete harassment prevention training for all employees by December 31, 2020. Ask a member of your consulting team for session requirements and methods to complete the training virtually.

Join Us: What You Need to Know for 2021

To say 2020 has been a busy year would be an understatement. HR Done Right has partnered with Alden Parker, Regional Managing Partner at Fisher Phillips, to provide our clients with the "must know" employment related information heading into the new year.

Topics will include all things COVID-19, job protected leave expansion, and other significant employment laws that will impact every employer in 2021.

While this is a virtual event, space is limited. Click here to reserve your seat!

No Changes to Retirement Plan Contribution Maximums for 2021

The maximum contribution amounts for 401(k) plans and IRAs have been announced for 2021. The following contribution maximums remain unchanged for the new year:

  • $19,500 for employee contributions to 401(k) plans. If you are over 50 years of age, the maximum catch-up contribution holds at $6,500.
  • $6,000 for employee contributions to IRAs. If you are over 50 years of age, the maximum catch-up contribution holds at $1,000.
  • SIMPLE IRAs and SIMPLE 401(k) plans hold at a maximum contribution of $13,500.

Health FSA Contribution Limit for 2021

There will be no change to the maximum contribution limit for health flexible spending accounts for 2021. The maximum contribution was set at $2,750 in 2020 and will remain unchanged in 2021.

What Does a Biden Presidency Mean to Employers?

Former Vice President Joe Biden will be inaugurated as the 46th President of the United States on January 20, 2021. Many priorities top his list, including items that will affect employers nationwide. While this is not an all-encompassing list, these are the items we feel are the most relevant at this time.

Workplace Safety
COVID-19 has pushed safety to the top of this list. President-elect Biden will likely focus on ramping up the Occupational Safety and Health Administration (OSHA). OSHA is responsible for workplace safety and protecting employees in the workplace. Under the Trump administration, we saw a decline in OSHA inspectors from around 1,000 to roughly 761. Biden will be expected to increase this number soon after he takes office. This will likely result in increased workplace inspections to ensure employers are doing everything they can to protect their employees.

Employee Benefits & the ACA
With the legality of the Affordable Care Act (ACA) in question atain, a Biden presidency will be focused on protecting those with pre-existing conditions and the affordability of health insurance. President-elect Biden has also stated he will look to expand the ACA, giving more options for coverage, reducing costs, and improving access to care.

Increase in Minimum Wage and Other Wage and Hour Items
President-elect Biden may enact additional protections for employees, including wage theft prevention requirements. These efforts could include notice as well as recordkeeping requirements. Some states, like California, already have wage theft protection measures in place. It is unclear how new federal requirements would affect current requirements.

An early Biden campaign promise was an increase to the federal minimum wage. He has pushed for an increase to $15 per hour, up from the current rate of $7.25 per hour, by 2026. This initiative may be halted in Congress, so expect states and local governments to continue their own measures if not passed on the federal level.

Employee Leaves of Absence
President-elect Biden has a past record of supporting family and medical leaves, though he may not be as drastic as some of the progressive lawmakers would like him to be. Biden has stated "...we need to go further (than 12 weeks of job-protected, unpaid leave) -- I believe the United States should guarantee 12 weeks of paid sick and family leave for workers. American workers deserve to know they can keep their families afloat if they have to take care of a sick family member."

Other opponents in the primary, including Vice President-elect and former Presidential candidate Kamala Harris, were pushing for more than 12 weeks of leave. President-elect Biden has also stopped short of supporting paid family leave on a broader list of situations. Only time will tell where his final decision will fall.

In Conclusion
A new President always brings about change. The biggest take away so far is even if President Biden is restricted by a Republican-led Senate, we can still expect states to move his agenda items forward. Your consulting team is standing by and monitoring critical updates as they happen.

Holiday Office Closures

Our offices will be closed Thursday, November 26 and Friday, November 27 in observance of Thanksgiving holiday.

Our offices will also be closed Thursday, December 24 through Friday, January 1, 2021 in observance of the Christmas and New Year holidays. We will respond to all emails and voicemails when normal business hours resume on Monday, January 4, 2021.

October 2020

Stay Current Newsletter

Blog Post: Employer Tips for Managing Election Season in the Workplace

Election season is upon us, and this race is unlike any other. Our country is under the pressure of a global pandemic, civil unrest, a recession, and a polarizing race for the Presidency. Many employers have questions about what they can and cannot prevent in the workplace regarding free speech, political apparel, and even email signatures. What can you do to protect your company and your employees?

Missed our post? Read it here

California Eases Sexual Harassment Training Requirements for Previously Trained New Employees

New Employees Who Already Received the Required Training May Be Placed on Two-Year Schedule from Date of Last Training

Effective Sept. 28, 2020, California has amended its law that requires employers with five or more employees to provide sexual harassment prevention training to all new employees within six months of assuming a new position. 

Under the changes, an employee who has received the required training within the prior two years from a current, prior, alternate or a joint employer is not required to receive the training again until two years after the date of the prior training, as long as certain other requirements are met. These requirements include providing the employee with a copy of the employer’s written anti-harassment policy, obtaining acknowledgment of receipt from the employee, and placing the employee on a training schedule that ensures he or she receives the training two years after the prior training date.

Article republished with permission from HR360.

Tips for a Smooth Open Enrollment

December 1 is just around the corner. The BDR team is working in advance to ensure we are able to complete all processing in a timely fashion. The following reminders will help you and your employees know what to anticipate regarding billing, scheduling appointments, verifying coverage and other changes.

We have attached a PDF that can be distributed to your employees.

Click here to download.

Holiday Parties During a Pandemic

For many companies, early fall is when the planning starts for a year-end holiday celebration. While you may think that holiday parties are out of the question entirely, think again! 2020 has been a year of firsts and unknowns; how great would it be to end on a positive note? 

If you are going to host an in-person celebration, consider hosting it outdoors. Whether hosting a daytime picnic or evening dinner, select an open-air location that allows for physical distancing. Outdoor heaters and fire pits can be a great way to stay warm. Substitute the usual meat and cheese platter for individual bites pre-placed at each person’s seat. Bundle hand sanitizer wipes with the silverware. It can still be festive while being COVID-friendly. 

An alternate option in lieu of an in-person gathering is to allow your employees to take a paid day off to volunteer in the community. Employees can even partner up and make a day of it. This is a way for employees to feel appreciated, give back to their community, and stay safe during COVID-19.

Other options include virtual parties, providing restaurant gift cards for your employees to enjoy a meal with a partner, or a festive holiday card exchange. Reach out to the consulting team for other creative ideas for your year-end celebration. 

New Bill Expands Job Protected Leave to Small Employers

On September 17, Governor Newsom signed a historic piece of legislation that expands the California Family Rights Act (CFRA) and brings changes to almost every employer in the state – SB 1383. Employees that work for a company with five or more employees may now be entitled to up to 12 weeks of job protected leave for their own personal medical condition or to care for a family member with a serious medical condition. SB 1383 will take effect on January 1, 2021 which means employers must take swift action to educate themselves and make policy and practice adjustments by the end of the year.

Read the full article here.  

Workers’ Compensation Presumption for COVID-19 cases

SB 1159 was enacted on September 17, 2020 and takes effect immediately. The Department of Industrial Relations (DIR) states that the bill codifies the COVID-19 workers’ compensation presumption. It provides “two new rebuttable presumptions that an employee’s illness related to coronavirus is an occupational injury and therefore eligible for workers’ compensation benefits if specified criteria are met.” This means that employees who are working on behalf of a company outside of their home will be eligible to receive workers’ compensation benefits when they are home sick with presumed COVID-19. 

The rebuttable presumption means employers may attempt to prove that the employee did NOT contract COVID-19 while working on behalf of the company. Under SB 1159, the burden of proof shifts from the employee to the employer. 

This new bill is an expansion of the previous workers’ compensation executive order N-62-20, which expired on July 5, 2020. SB 1159 applies retroactively to applicable cases since July 6, 2020. If you have employees who have been working outside of their home and have contracted COVID since July 6, contact your workers’ compensation carrier immediately for guidance. 

September 2020

Stay Current Newsletter

HRDR Updates

It’s that time of the year - the Governor is reviewing bills, with signed bills typically effective January 1, 2021. However, certain bills have urgency clauses which mean they are effective immediately. We discuss two of those urgent bills in this newsletter. Stay tuned for other changes that may impact your business.

Unemployment Insurance Fraud: Could It Happen to You?

We are now six months into the COVID-19 global pandemic and Unemployment Insurance (UI) claims have hit record highs. The California Employment Development Department (EDD) has processed historical levels of Unemployment Insurance (UI) claims in that time, totaling approximately $59.8 billion in UI benefits. With this level of payout comes an increased risk for fraudulent claims.

Missed our blog post? Read it here.

ACA Affordability Contribution Rate Set for 2021

New Figure Marks Slight Increase from 2020

Under the Affordable Care Act’s employer shared responsibility (pay or play) rules, applicable large employers—generally those who have 50 or more full-time employees (including full-time equivalent employees)—may be subject to a penalty if they do not offer affordable health insurance coverage that provides minimum value to their full-time employees and their dependents.

For plan years beginning in 2021, the Internal Revenue Service has announced that coverage will generally be considered affordable if the employee's required contribution for the lowest-cost self-only health plan offered is 9.83% or less of his or her household income for the taxable year. For plan years beginning in 2020, the applicable percentage is 9.78%.

Given that employers are unlikely to know an employee's household income, they may use a number of safe harbors to determine affordability, including reliance on Form W-2 wages.

Article republished with permission from HR360.

Harassment Prevention Training Deadline is 12/31

COVID-19 has been dominating much of the spotlight lately. However, it is important to remember that employers with five or more employees must complete harassment prevention training for all employees by December 31, 2020. Ask a member of your consulting team for session requirements and methods to complete the training virtually.

Independent Contractor Exemptions Expanded

Governor Newsom signed AB 2257 on September 4, 2020 which provides additional exemptions and clarifications to the initial independent contractor bill, AB 5. AB 2257 not only expands the list of exemptions, it also amends the business to business, referral agency, and freelance writer exemptions.

The industries that have new exemptions are:

  • Recording artists, songwriters, lyricists, composers and related occupations;
  • Musicians (for single-engagement live performance event);
  • Individual performance artists;
  • Licensed landscape architects;
  • Freelance translators;
  • Registered professional foresters;
  • Home inspectors and persons who provide underwriting inspections, premium audits, risk management or loss-control work for the insurance industry;
  • Manufactured housing salespersons;
  • Persons engaged in conducting international and cultural exchange visitor programs;
  • Competition judges with specialized skill sets;
  • Digital content aggregators who serve as licensing intermediaries for digital content;
  • Specialized performers hired to teach a master class for no more than one week; and
  • Feedback aggregators.

The full bill with details about the amendments can be found here. Contact a member of your consulting team or your employment attorney for guidance.

COVID-19 Resource: Equal Employment Opportunity Commission FAQ

The US Equal Employment Opportunity Commission (EEOC) has another trusted resource for employers to assist with navigating COVID-19 related issues. The EEOC has published an extensive FAQ, organized by topic, that provides guidance on specific situations employers may, or already have, encountered. The answers are updated as new information is released. We recommend you bookmark and monitor for updates.

August 2020

Stay Current Newsletter

HRDR Blog: Wellness Reminders During COVID-19

It has been five months since California declared a shelter in place order for all non-essential employees. The past five months have been full of constant change and adjusting to the “new normal”. How can we keep ourselves and our employees mentally and physically well during this time?

Missed our post? Read it here.

Navigating Employee Travel During a Global Pandemic

As California continues to lift restrictions, more and more people are thinking about summer vacations. As employers, it is important to know what you can and cannot ask your employees about their planned trips. While you cannot restrict where your employees travel on their personal time, you may ask them certain questions and take appropriate action.

While employees still have a right to privacy, employers may ask certain questions of their vacation. Permitted inquiries include asking if they are traveling to a Centers for Disease Control (CDC) hotspot and their method of travel. Make sure you are not discouraging your employee from traveling as this could encourage employees to not disclose their travel plans and open your workplace to risk of exposure.

Employees should give as much advanced notice as possible when planning trips so necessary steps can be taken. If the employee is required to self-quarantine after traveling, they would most likely not qualify for Emergency Paid Sick leave under the Families First Coronavirus Response Act (FFCRA) unless instructed to quarantine by a doctor. While employees working remote would not be covered by this travel policy, it would apply to employees who work remote but still visit the office occasionally.

Once a travel policy is implemented, it is important that it is enforced consistently throughout the company. All employees should be held to the same requirements to avoid potential unfair employment claims. Reach out to your consultant for assistance with creating a COVID vacation policy.

Reminder: Harassment Prevention Training Deadline is 12/31

COVID-19 has been dominating much of the spotlight lately. However, it is important to remember that employers with five or more employees must complete harassment prevention training for all employees by December 31, 2020. Ask a member of your consulting team for session requirements and methods to complete the training virtually.

Implementing a Remote Work Policy

Remember back to mid-March when we were informed of the new shelter-in-place restrictions? Many employers found themselves coordinating technology, phone systems, and other infrastructure in brand new ways. A remote work policy may not have been at the top of your list. As this pandemic shows no signs of going away anytime soon, now is a great time to implement a policy.

Regardless of the remote arrangement being long term or short term, there are items that should be covered in all remote work policies. Set clear, defined expectations for communication and response times.

Work Location
While your employees may be allowed to work away from the office, employers are able to set designated work locations such as restricting the work location to the employee’s home address. This is important for employees who must visit the office periodically on short notice or to ensure employees are always using safe, secure internet.

Non-Exempt Employees
Non-exempt employees are still held to the same wage and hour requirements as if they were in the office. Meal and rest breaks need to be taken at the proper time and all overtime should be recorded. There are many items to consider when non-exempt employees are working from home, including meal and rest breaks and proper payment of overtime.

Expense Reimbursement
Per the California Labor Code, all employees are entitled to be reimbursed “for all necessary expenditures or losses incurred by the employee…” This is true especially when working away from the office. Employees may be entitled to reimbursement for Wi-Fi, electricity, cell phone usage, or other necessities. To avoid the administrative burden of tracking these items and usage individually, a best practice is to assign a flat monthly amount that you believe reasonably covers an employee’s expenses.

In Summary
Having a remote work policy in place is important. A policy can help your employees understand what is expected of them and communication requirements. Your consulting team is available to assist you with a tailored policy for your organization.

Healthy Student Guidance Released by Kaiser

Kaiser has released a playbook to offer useful tools to help maintain the health of students during this time. While schools are still relying on local health officials to determine to reopening requirements, this playbook can offer guidance whether you are returning virtually, in-person, or a hybrid. The full playbook can be found here.

HR Action Items: Updated FMLA Forms

The Department of Labor has released updated Family and Medical Leave Act (FMLA) forms. While the updated DOL forms can be found here, it is important to remember that federal forms are not always California compliant. Reach out to a member of the HRDR team for guidance on the proper forms.

Holiday Office Closure

Our offices will be closed Monday, September 7, 2020 in observance of the Labor Day holiday. We will respond to all emails and voicemails when normal business hours resume September 8.

July 2020

Stay Current Newsletter

Blog Post: California Rolls Back Re-Opening Plan

On July 12, 2020, Governor Newsom announced that California would institute an order of additional stay at home restrictions. The only thing that is certain is that things will remain ever-changing.

Now is the time for employers to be focused on the safety of their employees as well as staying connected to those who may be working remote.

Missed our post? Read it here.

FFCRA Compensation Reporting on Form W2

The IRS and US Treasury Department has released guidance on compensation earned under the Families First Coronavirus Relief Act (FFCRA). Employers will be required to report wages paid to employees in either Box 14 on the employees Form W2 or another statement provided with the Form W2.

The guidance also provides those that are self-employed and an employee with information that is required to be able to claim the tax credits related to their self-employment.

EEO Reporting Extension

Employers that are required to submit Equal Employment Opportunity (EEO) reporting will not be required to do so in 2020. The US Equal Employment Opportunity Commission (EEOC) announced that the following reports have been delayed:

  • The 2019 EEO-1 Component 1 (private employers with 100+ employees and certain federal contractors)
  • The 2020 EEO-3 (local referral unions with 100+ members)
  • The 2020 EEO-5 (public elementary and secondary school districts with 100+ employees)

New dates will be announced with an expected open date of early 2021.

Trump Administration Doubles Down on Religious Exemption

On July 8, 2020, the Supreme Court upheld the expanded exemptions related to contraceptive coverage. Under the Affordable Care Act (ACA), health plans are required to provide coverage for “additional preventive care and screenings” without passing along any cost to the insured. This includes birth control and contraceptives.

The US Department of Health and Human Services (HHS) previously allowed certain exemptions under the Obama administration for religious institutions and non-profits. Under the current administration, the eligibility for the exemption has greatly expanded to include private employers who have a moral or religious objection.

What does this mean exactly? If an employer has a strong religious or moral objection to the use of birth control and contraceptives, they may now opt out of providing the ACA’s mandated contraceptive coverage.

June 2020

Stay Current Newsletter

Respect in the Workplace

There has been a surge in conversations about race, policing, politics, and justice since the death of George Floyd on May 30. While the death of George Floyd sparked the current movement, names such as Breonna Taylor, Ahmaud Arbery and Trayvon Martin have also been center stage in the media. How does this impact the workplace? Click here to read the full article.

Updated Model COBRA Notices

The US Department of Labor issued updates to the model COBRA notice on May 1, 2020. Group Health plans should use the updated notice to comply with required COBRA notifications. The updates aim to assist beneficiaries in having a better understanding of the relationship between COBRA and Medicare. Additional information can be found on the DOL’s FAQ.

Supreme Court Passes Landmark Title VII Ruling

On Monday, June 15, 2020, the Supreme Court of the United States ruled that “an employer who fired an individual merely for being gay or transgender defies the law,” according to Justice Neil M. Gorsuch. This ruling stems from the definition of “sex” under Title VII of the Civil Rights Act of 1964. Gorsuch added “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex.”

Missed our post? Read it here.

Paycheck Protection Program Amendments

On June 5, President Trump signed the Paycheck Protection Program Flexibility Act (PPPFA) which allows employers greater flexibility when using Paycheck Protection Program (PPP) funds. While the initial plan was passed in March 2020, employers have given feedback that the requirements for forgiveness would be tough to meet. The intention behind the PPP was to assist small employers (those with less than 500 employees) with keeping their employees on payroll.

Employers who received PPP funds will now have 24 weeks or until December 31 to use their funds. This is a drastic change from the previous eight-week requirement. The amount that needs to be spent on payroll costs is now down to 60% from 75%.

Examples of payroll costs would be:

  • Employee wages including salaries, tips, or commissions
  • Employee benefits which covers insurance premiums, paid leave, and retirement benefits
  • State and local taxes on pay

The remaining 40% of funds may be used on items like rent, utilities, or interest on mortgage payments. You should speak with your CPA, accounting professional, or banking representative for more detailed information.

Employers now have until December 31 to re-hire employees who were laid off instead of the previous June 30 deadline. Exceptions may apply and are determined based on employee availability. The PPPFA also allows borrowers the ability to defer payroll taxes while remaining eligible for forgiveness.

While this is a high-level summary of the new PPPFA, this is not all-encompassing. Please reach out to your lender for questions, clarification, or additional information.

Local Minimum Wage Increases Effective July 1

Thirteen California localities have minimum wage increases effective July 1, 2020. Employees who are paid minimum wage should receive an increase. The localities are:

  • Alameda
  • Berkley
  • Emeryville
  • Fremont
  • LA City
  • LA County
  • Malibu
  • Milpitas
  • Novato
  • Pasadena
  • San Francisco
  • San Leandro
  • Santa Monica
  • Santa Rosa

Important note: Salary requirements for exempt employees is calculated using the state minimum wage, not the local rate. Despite the increase on July 1, the salary requirement is still $49,920 annually for employers with 25 or fewer employees and $54,080 annually for employers with 26 or more employees.

Office Closures

We will be closed Friday, June 26 for our annual Done Right team appreciation day. We will be back to normal business hours Monday, June 29.

We will also be closed Friday, July 3 in observance of the Independence Day holiday. We will respond to emails and voicemails when normal business hours resume July 6.

May 2020

Stay Current Newsletter

Returning to Work Post-Coronavirus

With the first phase of easing the stay at home order underway this week, slowly but surely, California is getting back to work.

Overall, the safety and health of your employees, and assuring them you are ready to comply with any requirements specific to your industry and local ordinance is imperative. Have your ordered appropriate PPE? Masks, hand sanitizer, disinfecting wipes and gloves are a few of the recommended or required items to have on hand and available.

Social distancing should also be enforced. This may include moving desks, rotating employees into workstations, or even staggering employees working from home when possible. If there is a shared break room or lunch area, consider removing seating to limit the amount of people that can congregate at the same time.

Employees should prepare themselves that when they return to work, it will not be “business as usual” for some time. Employers may find it beneficial to schedule a virtual training or town hall meeting to discuss the changes and new protocols prior to re-opening. Topics to cover may include a staggered re-opening plan, new cleaning requirements, a change in operating hours, social distancing reminders and other specific steps your company is taking to make the transition back to work a smooth one.

We have included some of the most frequently asked questions to date regarding returning to work. If you have a question that is not addressed, please reach out to a member of the consulting team for guidance.

Question: What sort of plan or policy do I need to have in place before I start bringing my employees back to work?

Answer: An exposure control plan should be defined and in place prior to bringing your employees back or as close to the return date as possible. Items that should be included in this plan are protocols for sending employees home, contact tracing in case an employee becomes sick with COVID-19, and cleaning requirements through the work area. This is not an exhaustive list. Please speak with a member of the consulting team to determine what should be covered in your specific exposure control plan.

Question: When we re-open and bring our employees back, do they need to be put through our regular new hire process?

Answer: Maybe. If the employee remained on your payroll, they may just need to be re-activated in your system. A change in status form should be used to document the return date in the personnel file.

If the employment relationship was terminated and the employee was removed from payroll, you may need to go through your usual new hire process with the employee. Depending on how long the employee was gone, this may include a background check, new Form I-9, or benefits enrollment. Reach out to your consulting team for guidance on which scenario works best.

Question: Can I require my employees to wear masks?

Answer: Yes. However, if you require masks, you must be prepared to provide them to your employees or reimburse them for their own purchase. Also be alert to specific ordinances which may require masks, regardless of employer preference.

Question: What happens if one of my employees requests an accommodation to not wear a mask?

Answer: Some employees may have a medical or religious purpose to not wear a mask. If an employee requests an accommodation, employers should enter into the interactive process with the employee to determine if an accommodation can be made.

Question: Can I take the temperatures of my employees before they enter the workplace?

Answer: Yes. Until further guidance is issued, employees can be required to have their temperatures taken before they begin work. Non-exempt employees must be compensated for this time. If an employee has a high temperature and is sent home, reporting time ray rules would apply.

It is important to note that California employers may be subject to the California Consumer Privacy Act (CCPA). If this is the case, you are required to provide your employees with a compliant notice prior to or at the time of the collection of data. Reach out to your consulting team for this resource.

Question: Are employees able to refuse to return to work, even after the order is lifted?

Answer: An employee may refuse to return to work only if they believe they are in imminent and immediate danger. The Occupational Safety and Health Act (OSHA) states that an imminent danger is “any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this Act.” Additional information about the requirements to meet an “imminent threat” can be found here.

Question: We have called our employees back into the office. One of our employees still has a child at home due to a school closure. Would they qualify for any type of leave?

Answer: Potentially, yes. If your company is required to comply with the Families First Coronavirus Relief Act (FFCRA) and their child meets the criteria listed, they may be able to take up to 12 weeks of Emergency FMLA (EFMLA). However, if you have under 50 employees and meet the qualifications for the small business exemption, your employee may not qualify for EFMLA.

While the first two weeks of EFMLA are unpaid, the employee can elect to use Emergency Paid Sick Leave (EPSL) during this time. Using these benefits concurrently would entitle the employee to 12 weeks of leave paid at two-thirds their regular rate.

Question: If an employee contracts COVID-19 and claims they were exposed at work, can they file a workers’ compensation (WC) claim?

Answer: Yes. Workers compensation benefits are available to employees who become ill while performing services at their workplace. An employee that contracts COVID-19 and that meets the following criteria will most likely be eligible for WC benefits:

  • The employee tested positive for or was diagnosed with COVID19 within 14 days after a day that the employee performed labor or services at the employee’s place of employment at the employer’s direction;
  • The day referenced above was on or after March 19, 2020;
  • The employee was not working from home;
  • A test confirms the diagnosis within 30 days of initial diagnosis.

*BREAKING NEWS:Governor Newsom issued Executive Order N-62-20 on May 6, 2020. This order states that workers’ compensation benefits are available to employees who become ill with COVID-19, under certain circumstances. We will continue to monitor this order and bring you updates as they are released.

In Conclusion

While these questions are all pressing, it is also important to continue to think ahead. What happens if there is a resurgence? Do you have the resources and a plan to prepare for another business closure?

As has been the case throughout this pandemic, there are frequent and rapid changes. Contact us with your questions and be on the lookout for our next return to work resource.

April 2020

Stay Current Newsletter

Health Insurance Carriers Position Regarding Cost Sharing for COVID-19

Major health insurance carriers have released updated information regarding costs associated with COVID-19. As has been previously communicated, all health plans must provide no-cost coverage for COVID-19 testing. However, major carriers are extending that benefit and will waive co-pays or other costs associated with medical treatment, even if the member has to stay in the hospital.

Anthem Blue Cross: Anthem will expand coverage, effective April 1, for members in its affiliated health plans undergoing treatment related to a COVID-19 diagnosis. The expansion covers the waiver of cost share for COVID-19 treatment received through May 31, 2020. Click here to learn more.

Blue Shield of California: Blue Shield has announced that it will cover members’ coinsurance, copayments, and deductibles for COVID-19 medical treatments through May 31, 2020. Click here to learn more.

Kaiser: Kaiser Permanente is waiving member out-of-pocket costs for inpatient and outpatient services when treating COVID-19. Click here to learn more.

UnitedHealthcare (UHC): UHC is waiving member cost-share for the treatment of COVID-19. Click here to learn more.

Sutter: No update available regarding treatment. Sutter Health Plan will not collect patient cost shares in advance of providing services for medically necessary COVID-19 screening and testing in advance. Click here to learn more.

Western Health Advantage: No update available regarding treatment. Waived all cost-sharing for medically necessary screening and testing for COVID-19 only. No further details at this time. Click here to learn more.

The list is current as of today and is not all-inclusive. Please contact your benefits team for information about additional carriers.

HRDR Corner – Keeping Connected in a Remote Workplace

COVID-19, aka the coronavirus, has had an impact on just about every single person in the world. Most importantly, your employees. Now, more than ever, engaging your employees will be critical for the health of your people and your organization.

Some of your workforce may be used to working remotely already. For others, this may be brand new. While the allure of working in your slippers is initially strong, the transition to working at home can be a challenge. It may lead to general disengagement, reduced productivity and an overall decline in motivation. How can managers prevent this from happening to their employees?

Missed our post? Read it here.

UPDATED – FFCRA Flow Chart and Benefit Eligibility

As new information about the Families First Coronavirus Response Act (FFCRA) is being released, we will continue to keep you informed of changes. Click here to access reference charts that have recently been revised. Contact the HR team if you have questions.

CARES Act Expands Use of Flexible-Use Dollars

Good news! The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) has expanded the use of Health Saving Account (HSA) and Health Flexible Spending Account (Health FSA) dollars to include certain medical expenses and over-the-counter medicines without a prescription. This is a reversal of the Affordable Care Act’s (ACA) restrictions on the use of these funds.

Employees will now be able to purchase items such as pain relievers, antacids, allergy medication, feminine hygiene, and even acne treatments without a prescription. It is important to note that vitamins and supplements will most likely still require a prescription or letter of medical necessity stating that they are being used to treat a diagnosed medical condition.

The most convenient change is that employees will now be able to use their HSA debit cards to make these purchases. This means that you can go to Target and purchase your favorite allergy medication with your HSA card as opposed to filing for reimbursement after you incur the expense and without a prescription.

While this change was retroactive to January 1, 2020, stores will need time to implement this change in their point-of-sale systems. If you attempt to make a qualified purchase but your HSA card is declined, you will be required to use another form of payment and submit for reimbursement afterwards. These system updates could take until the end of May.

New Posting Requirement for Restaurant Industry

Executive Order N-51-20 ("COVID-19 Supplemental Paid Sick Leave") signed by Governor Newsom has expanded paid sick leave to food industry employees who work for a company with 500 or more employees nationwide. The Department of Industrial Relations says covered employees range from "farmworkers to those workers who work in the retail food supply chain, including pick-up, delivery, supply, packaging, retail, or preparation."

Covered employees are required to provide a new notice to their employees that can be found here. This can be included alongside your 2020 compliance poster.

Additional information can be found here.

Returning to Work Post-Coronavirus

As we watch other states start to re-open their doors, we are working diligently to compile the most accurate data for California employers. We will continue to update you as new information is made available. Keep an eye out for our “return to work” publication, coming soon! You can also reach out to a member of the HR consulting team as questions arise.

Mental Health & Wellness Resources

May is Mental Health Awareness month. As we enter into a month focused on the mental health of one another, it is important to highlight the resources that may be available. Mental health is of great importance as we navigate the impact of COVID-19. People may be working remotely for the first time, dealing with feelings of isolation, along with the concerns over finances and childcare and their own general health.

An Employee Assistance Program (EAP) is a voluntary, work-based program that offers assessments, counseling, and other services to employees who may have personal or work-related concerns. If you already have an EAP, your carrier may offer expanded benefits as a result of COVID-19.

In addition to an EAP, your medical plan carrier may offer additional resources for members covering wellness, mental health, stress management and more. Reach out to the benefits team for specifics on your plan.

If you are looking for other resources regarding mental health support and self care for your workforce, contact the HR team for guidance. In addition, the state has launched special content with an array health and wellness resources. You can find those here.

Office Closure: Memorial Day

Benefits Done Right and HR Done Right will be closed Monday, May 25, 2020 in observance of the Memorial Day holiday. We will respond to all emails and voicemails when normal business hours resume on Tuesday, May 26, 2020.

COVID-19 updates from the Done Right team

The amount of information that has been released over the past weeks related to COVID-19 is immense. Today we highlight the most recent clarifications from the Department of Labor (DOL) as it relates to Emergency Paid Sick Leave, Emergency Family Medical Leave and what businesses may qualify for an exemption. For the backstory, refer to our earlier communications. You can also reference the updated DOL FAQ’s for details not included here. If you, like so many, find the DOL pages overwhelming, please reach out to your consulting team.

Q: If my business operations are shut down, do I need to provide the Emergency Paid Sick Leave (EPSL) and/or Emergency Family Medical Leave Act (EFMLA) to my employees?
A: No. If your business is no longer operating due to lack of business or because of a federal, state, or local order, you are not required to pay these benefits. Employees that have been sent home and are no longer being paid are not eligible. Your employees should file for unemployment in this scenario.

Q: I own a small business. Am I exempt from providing EFMLA and/or EPSL to my employees?
A: Maybe. While there was speculation that small businesses with less than 50 employees would be able to claim an exemption from providing both of these leaves, this is no longer the case. The very narrow exemption only applies to employers with a proven hardship that allows you to not pay EPSL or EFMLA only due to a child being at home because a school or place of care is closed. You would also need to prove that providing these leaves would be detrimental to your business's continued operations.

If this is the case, you should document your reasoning for each criteria and be prepared to submit the information for approval. This process is still being determined. Further clarification is expected later this week.

The DOL has determined that an employer may claim this exemption if an authorized business official has determined that:

  • The provision of paid sick leave or expanded family and medical leave would result in the small business’s expenses and financial obligations exceeding available business revenues and cause the small business to cease operating at a minimal capacity; or
  • The absence of the employee or employees requesting paid sick leave or expanded family and medical leave would entail a substantial risk to the financial health or operational capabilities of the small business because of their specialized skills, knowledge of the business, or responsibilities; or
  • There are not sufficient workers who are able, willing, and qualified, and who will be available at the time and place needed, to perform the labor or services provided by the employee or employees requesting paid sick leave or expanded family and medical leave, and these labor or services are needed for the small business to operate at a minimal capacity.

A company may decide to claim an exemption if the following criteria are met:

  • employer employs fewer than 50 employees; and
  • leave is requested because the child’s school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons; and
  • an authorized officer of the business has determined that at least one of the three conditions described in the previous section is met.

As the employer, you are encouraged to work with your employees to determine the best solution for ensuring safety and maintaining business operations.

Q: My employees are still able to work their regularly scheduled hours by telecommuting but require an adjusted schedule. Am I required to pay them EPSL or EFMLA?
A: Not necessarily. If an employee is able to complete their regularly scheduled work within the same hours allotment, they would not be eligible for these benefits.

If an employee with a qualifying reason is unable to telecommute or perform their regular work, the employee would be eligible to receive EPSL.

If an employee is unable to telecommute or complete the required working hours due to a child being at home whose school or day care has been closed, they would be eligible to receive EFMLA benefits.

Note: Documentation is required from the employee when requesting leave. Please contact your consultant for additional details.

This is a lot of information to digest and more is expected as we get further down the road. If you have specific questions or would like clarification on how to handle your workforce, please reach out to a consultant.

March 2020

Stay Current Newsletter

Sutter Health – Anthem Blue Cross Negotiation Update

Anthem notified Sutter’s HMO patients that they will be reassigned to a non-Sutter doctor effective April 1, 2019, unless a new agreement is reached before that date. Patients enrolled in Anthem’s PPO plans that include Sutter affiliated providers will continue to have access to the Sutter network at in-network benefit levels through June 30, 2019. Click here for the list of Sutter hospitals and medical foundations. We will provide additional updates as negotiations continue. Regular updates are also available at www.SutterHealth.org/Anthem.

February 2020

Stay Current Newsletter

New Form I-9 Released

The U.S. Citizen and Immigration Services (USCIS) released the new version of the Form I-9 on January 31, 2020. The previous version expired in August, but employers were advised to continue using this version until the new form was released. All employers must begin using the new form by May 1, 2020.

While the paper version of the form did not change, the electronic version saw minor updates. A list of the changes can be found here.

HRDR Corner – Is Direct Deposit Putting You at Risk?

"It\'s my money and I need it now!" Perhaps you recognize this phrase from a popular television commercial. Instant gratification is something that many people feel on a regular basis, especially on pay day. The idea of picking up a paper paycheck on a Friday, driving to the bank, then waiting 3 days for the funds to clear is a thing of the past. Direct deposit has become the new normal.

Missed our post? Read it here.

Harassment Prevention Training – Registration is Open!

Governor Brown expanded the harassment prevention training requirement to employers with five or more employees effective in 2019. These employers are now required to provide training to all employees. An extension has been granted by Governor Newsom, giving employers until January 1, 2021.

Our next manager/supervisor session will be held on March 18. Click here to register.

Our next non-supervisory session will be held on April 29. Click here to register.

Want more information on how to comply with training requirements? Interested in custom onsite training? Contact us here.

OSHA 300A Form Posting Requirements

Most employers are required to post the OSHA Form 300A from February 1 – April 30 every year. Employers that are classified with a low-hazard Standard Industrial Classification code or have 10 or fewer employees are exempt from posting.

If there were no recordable incidences in the previous year, the summary form must still be posted with zeros. The form should be posted in an area frequented by employees, usually close to the compliance postings

Thank You for Attending!

We had the honor and pleasure of hosting a 2020 legal update on Wednesday, January 29 in Sacramento. Thank you to all who were able to join us.

If you have any ideas or topics that you would like us to discuss in our future events, we would love to hear from you. Plans for our next event are already underway. Stay tuned for more information!

Holiday Office Closure

Benefits Done Right and HR Done Right will be closed Monday, February 17 in observance of the Presidents' Day holiday. We will return to the office on Tuesday, February 18.

January 2020

Stay Current Newsletter

You’re Invited: Employment Law Update Event 2020

2019 was a busy year for the California legislature. Join us on January 29 as we recap what you need to know as a California employer. Alden Parker, Regional Managing Partner - Fisher Phillips, will speak to the most important changes that will impact almost every company, regardless of size, throughout the state.

Registration will fill up fast. Click here to reserve your seat today.

HRDR Blog – Introductory Period vs. Probationary Period of Employment in California

Upon hire, many employers have a defined period of time where the employee is able to learn how to perform the job on a regular basis. The terms “introductory period” or “probationary period” may be used. What’s the difference between these terms, and how should a California employer classify this period?

Missed our post? Read it here.

Updates to Required Notices

With the new year comes updates to many of the California required documents. Employers are required to give these notices upon hire, termination, or other employment changes such as a leave of absence. Your HR team is available to guide you on which notices to use in each scenario.

While many of the updates are included with a 2020 compliance poster, some are standalone pamphlets or notices.

Still have pamphlets from last year? Check the date of the document before you toss them out. If there is a newer version, the old versions should be destroyed and replaced immediately.

Contact your HR team if you have questions on the updates or need to order your 2020 compliance poster.

Decrease to the IRS Standard Mileage Rate

The IRS standard mileage reimbursement rate for business travel saw a decrease in 2020 compared to 2019. Effective January 1, 2020, the standard rate is 57.5 cents, down from the 2019 rate of 58 cents. This rate should be used when calculating the reimbursement to an employee for miles driven for business purposes.

December 2019

Stay Current Newsletter

Save the Date: Employment Law Update Event 2020

Join us for an employment law event in Sacramento, January 29. Alden Parker, Regional Managing Partner from Fisher Phillips will highlight the most important changes for employers in 2020. Mark your calendar, this is not one to miss! Registration will open soon.

HR Corner: Are You Prepared for 2020?

This is the time of year when many people reflect on the year and revisit personal goals and tasks they planned to accomplish. The same is true with business. Legislative bills signed by the governor this year will take effect in January. There are new laws regarding independent contractors, lactation accommodation, organ donor leave, paid family leave (effective 7/1/2020), and harassment prevention training, just to name a few.

Missed our blog post? Read it here.

Extended Deadline for Furnishing (But Not Filing) 2019 ACA Form 1095-B and Form 1095-C

On December 2, 2019, the IRS issued Notice 2019-63, which extends the due date for certain Affordable Care Act (ACA) information reporting requirements for insurers, self-insured plan sponsors, and “applicable large employers.” Specifically, the IRS is extending the deadline for furnishing 2019 Form 1095-B and 2019 Form 1095-C to individuals by 30 days—from January 31, 2020 to March 2, 2020.

Notice 2019-63 does not, however, extend the deadline for filing the 2019 forms with the IRS. The IRS filing deadline remains March 31, 2020 if filing electronically (or February 28, 2020 if filing by paper).

Despite the extension, the IRS is encouraging reporting entities to furnish Form 1095-B and 1095-C statements as soon as they are able.

“Good Faith” Compliance Standard Extended to 2019 In addition to extending the due date for furnishing forms to individuals, Notice 2019-63 also extends the “good faith” transition relief from penalties to 2019 reporting. Under the transition relief, employers and other reporting entities will not be penalized for providing incorrect or incomplete information on the 2019 forms if they can demonstrate that they have made good faith efforts to comply with the reporting requirements.

In determining whether a reporting entity reported in “good faith,” the IRS will take into account whether the reporting entity made reasonable efforts to prepare for reporting (such as gathering and transmitting the necessary data to an agent to prepare the data for submission to the IRS, or testing its ability to transmit to the IRS). The IRS will also take into account whether the reporting entity is taking steps to ensure that it will be able to comply with the reporting requirements for 2020.

Impact on Individual Taxpayers The IRS recognizes that taxpayers may not receive their Form 1095-B or Form 1095-C by the time they are ready to file their 2019 income tax returns due to the deadline extension. Like last year, taxpayers do not need to wait to receive their Form 1095-B and/or 1095-C in order to file their tax returns.

Even though the individual mandate penalty was reduced to $0 in 2019, taxpayers will need to attest on their tax returns as to whether they were eligible for a Marketplace subsidy. Instead of waiting for the Form 1095-B or form 1095-C, they may rely on other information received from their employer. They do not need to send their Form 1095-B, 1095-C or any information they relied upon in completing their 2019 tax return to the IRS, but should keep that information with their tax records.

States with an individual mandate (i.e., Massachusetts – 2006, New Jersey – 2019 and California – 2020) remain in effect despite the elimination of the ACA's individual mandate.

Have questions about how this impacts your company? Contact a member of the account management team today.

2020 Compliance Posters: Order Today

2020 will be here before we know it. Contact your HR Done Right team today if you would like to order updated compliance posters.

Office Closure

Our offices will be closed December 24 through Friday, December 27 and Monday, December 30 through Wednesday, January 1 in observance of the Christmas and New Year holidays. Normal business hours will resume on Thursday, January 2, 2020.

October 2019

Stay Current Newsletter

Updates to Required Notices

California has another update to labor law posters effective April 1, 2019. The “Family Care and Medical Leave and Pregnancy Disability Leave” notice has an updated title and includes information about the New Parent Leave Act (NPLA) that went into effect last year. In addition to the labor law poster, two California pamphlets have also been updated: the Paid Family Leave pamphlet and the Disability Insurance pamphlet.

Welcome Karen Drew!

We are happy to announce and welcome Karen Drew, SPHR, PHRca, SHRM-SCP, to our consulting team. Karen brings 23+ years’ private sector HR experience within the Sacramento region to HR Done Right. She’s worn many hats from Generalist to Manager to Consultant. She received her bachelor’s degree in Organizational Communications and Minor in Business Administration from California State University, Sacramento. Originally from the bay area, Karen enjoys spending her spare time at the coast with her family and their Havanese, Baxter.

Susan can be reached at 888-805-5421 x248 or kdrew@hrdoneright.com.

HRDR Blog – Salary Threshold Increase for 2020

Last week, the US Department of Labor announced an increase to the federal salary threshold for the “white-collar” exemptions from overtime pay. As of January 1, 2020, the weekly salary threshold increases from $455 to $684. If an employee does not meet the exemption requirements, they are eligible for overtime. As 2020 approaches, now is the time to review your exemption classifications and make changes, if necessary.

Missed our blog post? Read it here.

Final Session for 2020 – Harassment Prevention Training

Governor Brown expanded the harassment prevention training requirement to employers with five or more employees effective in 2019. These employers are now required to provide training to all employees. An extension has been granted by Governor Newsom, giving employers until January 1, 2021.

Our final session of the year for managers/supervisors will be held on November 6. Click here to register.

Question of the Month: Should I Host a Holiday Party for My Employees?

Sometimes it’s a challenge to please everyone. As we approach the holiday season, many companies like to host events for employees to wrap up the year and say “thank you” for all of their efforts. Many employees view this as a perk and look forward to this festive time spent with their work families. It speaks to the company culture and can positively contribute to employee retention and morale. It’s a fine line between having a “boring” party that employees feel obligated to attend and a morale booster that the team will always remember.

Decisions should be made about the event, such as if it will be held during working hours or after hours, location and whether or not alcoholic beverages will be offered. There is always an element of risk that should be evaluated by organizations when making these decisions. Remember, even if the event is held offsite and/or after working hours, it is still considered a company sponsored event.

No matter what type of event an organization chooses to host, a good rule of thumb is to spell out the expectations for employees in advance. Providing a reminder of the dress code and behavioral guidelines is a good idea. The goal is for all to enjoy the company function, while remembering that they are socializing with co-workers.

If you have a scenario not addressed in this article, contact a consultant for guidance.

HRDR Out & About – 2019 Best Places to Work

Thank you to the Sacramento Business Journal for hosting a great event on October 10. Karen Drew and Kimberly Parker enjoyed networking with the honorees and other attendees.

August 2019

Stay Current Newsletter

HRDR Blog – Pre-Tax vs Post-Tax: Are You Deducting Properly?

To be pre-tax or to be post-tax, that is the question. At least, that is the question when it comes to payroll deductions. While every payroll deduction can be classified as either pre- or post- tax, how does an employer correctly classify these deductions? While several are classified by IRS regulations, other deductions are a matter of choice.

Missed our blog post? Read it here.

Harassment Prevention Training

Governor Brown passed SB 1343 which expands the requirements for harassment prevention training for California employers. Employers with five or more employees are required to provide training to all employees by January 1, 2020.

Our next manager/supervisor session will be held on September 11. Click here to register.

Our next non-supervisory session will be held on October 16. Click here to register.

Legal Update: Definition of Race Expanded to Include Hairstyles

Governor Gavin Newsom signed SB 188 prohibiting discrimination based on natural hairstyles associated with race. California is the first state to adopt this law. SB 188, also referred to as the CROWN Act (Create a Respectful and Open Workplace for Natural hair), expands the definition of race under California’s Fair Employment and Housing Act (FEHA) to state “inclusive of traits historically associated with race, including but not limited to, hair texture and protective hairstyles.” Protective hairstyles include but are not limited to afros, braids, or dreadlocks.

SB 188 goes into effect on January 1, 2020. Now is the time for employers to review their personal appearance policies to ensure they are up to date.

A consultant is available to assist you with a review.

Office Closure

HR Done Right will be closed Monday, September 2 in observance of the Labor Day holiday. Normal business hours will resume at 8:00am on Tuesday, September 3.

July 2019

Stay Current Newsletter

HRDR Blog – Mid Year Spot Check

As we enter the second half of 2019, now is the perfect time for a mid-year checkup of changes that may affect your business. Our July blog post covers the updated EEO reporting requirements, July minimum wage increases, EEO training and more.

Missed our blog post? Read it here.

Harassment Prevention Training

Governor Brown passed SB 1343 which expands the requirements for harassment prevention training for California employers. Employers with five or more employees are required to provide training to all employees by January 1, 2020.

Our next supervisor session will be held on August 20. Click here to register.
Our next employee session will be held on October 16. Click here to register.

Interested in customized training options at your company location? Contact us for a quote.

Question of the Month

Question: What am I required to pay my employee upon separation from the company?

Answer: All earned but unpaid wages are due to the employee when their employment ends. This includes accrued but unused vacation or paid time off (PTO). Vacation or PTO includes any float days or personal holidays that are vested, which means a “use it or lose it” policy would not apply. Final paychecks must be made available to the employee at the time and place of termination. If the employee has outstanding expenses to be reimbursed by the company, the payment may be made on the next regularly scheduled reimbursement date.

Be cautious when deducting from an employee’s final paycheck. While the regular, reoccurring deductions are permitted, anything else may be called into question. An employer cannot deduct for any unpaid balance of debt from the employee, even if a written agreement is in place. Examples include negative vacation or PTO balances, the balance of an outstanding loan, or additional unpaid medical premiums. An employer also cannot deduct for the breakage or loss of equipment unless a dishonest act or gross negligence can be proven.

If you have a scenario not addressed in this article, contact a consultant for guidance.

June 2019

Stay Current Newsletter

HRDR Blog – Pets in the Workplace: Benefit or Pitfall?

How do you feel leaving your dog at home when you go to work in the morning? Does your dog stare at you with sad eyes and beg you to stay with just one look? What if you were able to bring your dog with you to work? What if you allowed your employees to bring their animals to work?

Employers in a variety of industries have adopted policies that allow their employees to bring their fur babies to work. However, there are many factors to consider prior to offering this unique benefit.

Missed our blog post? Read it here.

EEO & Harassment Prevention Training

Governor Brown passed SB 1343 which expands the requirements for harassment prevention training for California employers. Employers with five or more employees are required to provide training to all employees by January 1, 2020.

Our next supervisor session will be held on July 17. Click here to register.

Interested in customized training options at your company location? Contact us for a quote.

Protecting Your Employees in the California Heat

Employees who work outside or in high temperate environments are beginning to feel the effects of the changing weather as summer weather is upon us. Now is the time review your heat illness prevention policy and ensure your employees know how to prevent and respond to heat stress or heat stroke.

A heat illness prevention policy is not only for employers with outdoor workers. Cal/OSHA states that an “outdoor place of employment is best thought of as one that is not an indoor workplace.” A shed, vehicle with no air conditioning, or a structure with one or more open sides may be considered an outdoor structure. Employers with employees working anywhere other than an indoor environment should implement a heat illness prevention policy. Cal/OSHA defines an indoor environment as “a building that provides sufficient ventilation and cooling, either by natural or mechanical means, and blocks temporary exposure to sunlight.”

Hydration is key. While remaining hydrated on and off the job is important, employees should be drinking up to four cups of water every hour while working in high temperatures. Water breaks should be taken as often as every 15-20 minutes.

Meal and rest breaks should be taken in shaded areas or inside, when possible. Employees should eat during their breaks to replenish lost electrolytes.

Light-colored, loose-fitting, breathable fabric can help your employees maintain a safe body temperature. Consider providing employees with added cooling methods including cold towels, mist stations, or cooling vests.

Office Closure

HR Done Right will be closed Thursday, July 4 in observance of the Independence Day holiday. Normal business hours will resume at 8:00 AM on Friday, July 5.

May 2019

Stay Current Newsletter

EEO-1 Pay Data – Reporting Deadline

As of Friday May 3, the deadline to submit pay data for EEO-1 reporting from 2017 and 2018 is September 30, 2019. This new reporting requirement has been titled “Component 2” data. The US Equal Employment Opportunity Commission (EEOC) will begin accepting data in mid-July, though no specific date has been announced yet.

What is an EEO-1 report?
The EEO-1 report must be filed by employers with 100 or more employees and contractors subject to Executive Order 11246. Typically, this report includes information about employee demographics categorized by race/ethnicity, gender and job category. This information has been titled “Component 1” data.

While the deadline to submit the Component 1 EEO-1 report has historically been March 30 of the following year, the deadline for 2018 data was postponed until May 31, 2019 due to the government shutdown. This deadline remains firm with only Component 2 reporting deadline extended to September 30, 2019.

What does this recent ruling mean?
The announcement of the inclusion of pay data comes after much anticipation surrounding the lawsuit National Women’s Law Center v. Office of Management and Budget. In summary, the plaintiff argued the OMB should have been collecting this information for the past several years. To rectify this, the EEOC was ordered to collect pay data (“Component 2 data”) for 2017 and 2018 by September 30, 2019. While an appeal has already been filed, the EEOC has stated that the appeal does not alter the current requirement of submitting the data by the September deadline.

EEO & Harassment Prevention Training

Governor Brown passed SB 1343 which expands the requirements for harassment prevention training for California employers. Employers with five or more employees are required to provide training to all employees by January 1, 2020.

Our next non-supervisory session will be held on June 19. Click here to register.

Our next supervisor session will be held on July 17. Click here to register.

Interested in customized training options at your company location? Contact us for a quote.

Summer Dress Code Standards

With the hot summer months approaching, we wanted to include a previous article we published regarding summer dress in the workplace.

A California summer means one thing...heat! Employees would rather be sitting by the pool instead of sitting in their office. To combat the summer blues, many employers have adopted a summer dress code policy. Whether you already have one or you are looking to implement one, there are a few key factors to consider.

Safety should be the first priority. While summer sandals are fun to wear, they may not be compatible with your work environment. Loose clothing can also be a hazard when working around machinery. Having specific items that are prohibited listed in your policy can help alleviate questions that may arise.

While jeans and a tank top might be acceptable for some employees, those in a client or customer facing role might have different standards. It is important for your policy to state that employees should dress appropriately for their day.

While summer in California can seem like it lasts all year, we recommend including applicable dates for your summer dress code. Many employers use Memorial Day to Labor Day as a general practice.

Your consultant is available to assist you with drafting a summer dress code policy.

Office Closure

HR Done Right will be closed Monday, May 27 in observance of the Memorial Day holiday. Normal business hours will resume at 8:00 AM on Tuesday, May 28.

April 2019

Stay Current Newsletter

EEO & Harassment Prevention Training

Governor Brown passed SB 1343 which expands the requirements for harassment prevention training for California employers. Employers with five or more employees are required to provide training to all employees by January 1, 2020. Our next in person session for supervisors and managers is now open for registration. Click here to register.

Interested in customized training options at your company location? Contact us for a quote.

Good People Know Good People – Employee Referral Programs

In today’s job market, finding good candidates can be a challenge. The federal unemployment rate has been holding steady at 3.8% for the past two months and the California unemployment rate was only 4.2% in February. Implementing an employee referral program is a positive way to financially incentivize employees to spread the word about open positions.

Clear guidelines and expectations are important aspects of a successful referral program. Employees should know who is eligible to participate and what they can expect if they successfully refer someone. According to a survey completed at Human Capital Institute (HCI), 78% of companies provide the same financial reward for all positions. This can reduce the risk of one job seeming more important than another.

Arm your employees with key information about the position that they can then share with their potential referral. This may include salary range, desired traits, specific certifications or education, as well as previous work experience. Another way to incentivize your employees is to provide “instant gratification.” Instead of dispersing the full reward after a designated amount of time after hire, employers may want to consider providing half of the reward upon hire and the remaining balance upon completion of an introductory period.

Implementing a structured referral program can turn your employees into recruiting machines! A consultant is available to assist you with creating and implementing an employee referral program for your company.

March 2019

Stay Current Newsletter

Office Closure

Our offices are in the final stages of renovation. We will be closed on Friday, March 15 for new paint and carpet installation. We will be back in business Monday, March 18. Thank you for your patience through this process. We look forward to sharing our updated space in the future!

Harassment Prevention Training

Governor Brown passed SB 1343 which expands the requirements for harassment prevention training for California employers. Employers with five or more employees are required to provide training to all employees by January 1, 2020.

Click here to register for our next manager/supervisor session on May 15. Click here to register for our next employee session on June 19. Interested in customized training options at your company location? Contact us for a quote.

HR News: Reporting Time Pay Rules May Apply to On-Call Employees Who Don’t Report to Work

A recent court decision in Ward V Tilly’s Inc. (CA Court of Appeal, 2nd district) on February 4, 2019 puts an interesting spin on the meaning of “reporting time pay” and how “on-call” employees must be compensated. If you have on-call employees, it is important to examine your practices to ensure you will not be on the hook for additional wages when they are not given work.

“Reporting time pay” is required in California when an employee shows up to work for a shift and is sent home before working at least one-half of the scheduled day’s work. When this occurs, the employee is owed one-half of their usual or scheduled shift, but no less than two hours and no more than four hours. Until the Ward v. Tilly’s decision, reporting time pay has been applied to employees who physically show up to their shifts.

Typically, “on-call” employees are given a time frame when they are waiting to be called into work and/or required to respond to a call. When they are called into a shift and/or the work is performed, they are paid for the hours worked. In this case, applied to Wage Order 7-2001 (Mercantile Industry), the court ruled that employees must be given “reporting time pay” when required to call in two hours before a shift to learn whether they were needed for work, and then were told that no work was available (and not to come in for the day.) The court’s reasoning was that an employee who was required to call in two hours before a shift could not schedule personal activities and did not fully have use of this personal time. Therefore, the requirement to call in was a form of “reporting time”.

Even though this is the only published appellate decision in California addressing this specific issue, California employers are now bound by the Ward decision. The ruling applies to all Wage Orders, not just Wage Order 7-2001. We recommend that you review and revise your reporting policies and on-call procedures accordingly to avoid liability.

February 2019

Stay Current Newsletter

Please Pardon Our Dust and Office Closure

Please pardon our dust as our office space will be getting an update! We will be closing early to accommodate the general contractor as follows:

Friday, February 15 Closing at noon
Friday, February 22 Closing at noon

We will also be closed for the Presidents’ Day Holiday Monday, February 18. Our team will respond promptly when business hours resume.

IRS Deadline Fast Approaching

The IRS deadlines for filing and furnishing Forms 1094 and 1095 are fast approaching. As a reminder:
  1. Employers with 50 or more full-time employees (including full-time equivalent employees) generally must furnish a Form 1095-C to all full-time employees no later than March 4, 2019.
  2. Self-insured employers with fewer than 50 or more full-time employees (including full-time equivalent employees) generally must furnish a Form 1095-B to all responsible individuals—typically the primary insured, an employee or former employee, or other related person named on the application for insurance—no later than March 4, 2019.
  3. All Forms 1094 and 1095 must be filed with the IRS no later than February 28, 2019 (or April 1, 2019, if filing electronically).
  Article republished with permission from HR360.

Register Now: Harassment Prevention Training

Governor Brown passed SB 1343 which expands the requirements for harassment prevention training for California employers. Employers with five or more employees are required to provide training to all employees by January 1, 2020. Our next in person session for supervisors and managers is now open for registration. Click here to register.

Interested in customized training options at your company location? Contact us for a quote.

HR Corner: Introductory Period vs. Probationary Period of Employment in California

Upon hire, many employers have a defined period of time where the employee is able to learn how to perform the job on a regular basis. The terms “introductory period” or “probationary period” may be used. What’s the difference between these terms, and how should a California employer classify this period?

As an at-will state, an employee or the employer may end the employment relationship at any time. A probationary period may unintentionally imply that there is a promise of continued employment upon satisfactory completion of this period. This could lead to potential claims of wrongful termination if an employee feels an agreement was broken.

Instead of a probationary period, an employer can implement an introductory period. This is a period of time where the employer can determine if the employee can perform the job duties satisfactorily as well as if the employee is a cultural fit for the company. Your company policy should include verbiage stating that a successful completion of an introductory period does not supersede the at-will employment status. Interested in implementing an introductory period, but want to be compliant? Contact your HR consulting team for guidance.

January 2019

Stay Current Newsletter

UPDATE – 2019 Compliance Posters

The Department of Fair Employment and Housing (DFEH) has just released updated language to the “Discrimination and Harassment” posting. If you order compliance posters from your payroll company or a similar vendor, contact them to request a new poster.

You may also contact us to order updated compliance posters. We will continue to keep you updated if there are additional revisions.

2019 Training Program

The HR Done Right team will be offering expanded training sessions in 2019 at our Sacramento office. Governor Brown passed SB 1343 which expands the requirements for harassment prevention training for California employers. Employers with five or more employees will be required to provide training to all employees by January 1, 2020.

A two-hour supervisory session will be held on February 5, 2019 beginning at 8:30am. There are a few seats remaining. Click here to register.

A one-hour employee session will be held on February 27, 2019 at 8:30am. Click here to register.

Interested in customized training options at your company location? Contact us for a quote.

HRDR Blog: Have You Reviewed Your Leave Policies for 2019?

A change to the use of paid time off while taking a leave that falls under Family and Medical Leave (FMLA) or California Family Rights Act (CFRA) regulations means employers should review and update their applicable leave policies.

Missed our post? Read it here.

OSHA Form 300A Requirement

Most employers are required to post the OSHA Form 300A from February 1 – April 30 every year. Employers that are classified with a low-hazard Standard Industrial Classification code or have 10 or fewer employees are exempt from posting.

If there were no recordable incidences in the previous year, the summary form must still be posted with zeros. The form should be posted in an area frequented by employees, usually close to the compliance postings.

Office Closure

HR Done Right will be closed Monday, February 18 in observance of the Presidents’ Day holiday. Normal business hours will resume at 8:00 AM on Tuesday, February 19.

December 2018

Stay Current Newsletter

2019 Compliance Posters

2019 is around the corner. Contact your HR Done Right Team today if you would like to order updated compliance posters.

Updated IRS Standard Mileage Rate

The IRS standard mileage reimbursement rate for business travel will see a substantial increase in 2019 compared to prior years. Effective January 1, 2019, the standard rate will increase to 58 cents from the 2018 rate of 54.5 cents. This rate should be used when calculating the reimbursement to an employee for miles driven for business purposes.

HRDR Blog: California Minimum Wage Increases—The Impact to Hourly and Exempt Employees

The California minimum wage will reach $15.00 an hour for all employers by January 1, 2023. Until then, Californians will see incremental increases of one dollar per year. Effective January 1, 2019, the minimum wage for employers with 26 or more employees increases to $12.00 per hour and $11.00 per hour for employers with 25 or fewer employees. Even if all your employees make more than minimum wage, there still may be action required.

Missed our post? Read it here.

2019 Training Program

The HR Done Right team will be offering expanded training sessions in 2019 at our Sacramento office. Governor Brown passed SB 1343 which expands the requirements for harassment prevention training for California employers. Employers with five or more employees will be required to provide training to all employees by January 1, 2020.

A two-hour supervisory session will be held on February 5, 2019 beginning at 9:00am. A one-hour employee session will be held on February 27, 2019 at 9:00am. Registration will open soon.

Interested in customized training options at your company location? Contact us for a quote.

HRDR’s Julie Worley Board Appointment

Julie Worley has accepted a volunteer position on the CalSHRM board. CalSHRM is the statewide affiliate for the Society for Human Resource Management. Julie will serve as the Professional Development Director for two years starting January 1, 2019. Congratulations, Julie!

Office Closure

HR Done Right will be closed Tuesday, December 25 through Friday, December 28 and Monday, December 31, 2018 - January 1, 2019 in observance of the Christmas and New Year holiday. Normal business hours will resume at 8:00 AM on Wednesday, January 2, 2019.

November 2018

Stay Current Newsletter

Welcome HR Consultant, Susan Breslauer!

HR Done Right is happy to announce and welcome Susan Breslauer, SPHR, PHRca to the HR consulting team. She brings more than 30 years’ HR experience in both the private and public sectors, with the past 15 years in an HR consulting role. Much of Susan’s work has focused on compliance, benefits, compensation, payroll and HR information systems. She holds a BS from the University of California, Berkeley in Social Science with an emphasis in Human Resources Management.

Susan can be reached at 888-805-5421 x248 or sbreslauer@hrdoneright.com.

HRDR Blog: Are You Compliant with Expanded Accommodation Requirements?

Current California law states that all employers must make reasonable efforts to provide employees with a room to express breast milk, “other than a toilet stall.” This room must be private and near the employee’s work area. Employers must also provide a reasonable amount of time for the employee to express milk.

Missed our post? Read it here.

2019 Training Program

The HR Done Right team will be offering expanded training sessions in 2019 at our Sacramento office. Governor Brown passed SB 1343 which expands the requirements for harassment prevention training for California employers. Employers with five or more employees will be required to provide training to all employees by January 1, 2020.

A two-hour supervisory session will be held on February 5, 2019 beginning at 9:00am. A one-hour employee session will be held on February 27, 2019 at 9:00am. Registration will open soon.

Interested in customized training options at your company location? Contact us for a quote.

Office Closure

HR Done Right will be closed Thursday, November 22 and Friday, November 23 in observance of the Thanksgiving holiday. Normal business hours will resume at 8:00 AM on Monday, November 26.

October 2018

Stay Current Newsletter

Thank You for Attending the Fall Employer Seminar

HR Done Right and Benefits Done Right had the honor and pleasure of hosting the Fall Employer Seminar on Wednesday, October 3 at Piatti. Thank you to all who were able to join us. If there are topics you would like us to consider for future events, we would love to hear from you. Plans for our next event are already underway. Stay tuned for more information!.

2019 Compliance Posters

2019 is around the corner. Contact your HR Done Right Team today if you would like to pre-order updated compliance posters.

The “#MeToo Effect” on California Legislation

The #MeToo movement was born soon after the explosive New York Times feature exposing extensive allegations of sexual harassment against Harry Weinstein. Since then, we have seen many other public figures brought into the spotlight including actors, politicians, TV personalities and comedians.

Missed our post? Read it here.

Expanded Training Requirements Coming Soon!

Governor Brown passed SB 1343 which expands the requirements for harassment prevention training for California employers. Employers with 5 or more employees will be required to provide training to all employees by January 1, 2020.

The HR Done Right team will be offering expanded training sessions in 2019 at our Sacramento office. Contact us if you have questions regarding the new training requirements or to request sessions delivered at your company location.

HRDR Out & About – 2018 Best Places to Work

Thank you to the Sacramento Business Journal for hosting a great event on October 11. We were proud to support an event honoring our region’s top workplaces.

Pictured at our exhibitor table is HR Consultant, Julie Worley and founder, Laurie Rood.

September 2018

Stay Current Newsletter

Have You Reserved Your Seat? Employer Seminar 2018

Join us for a critical conversation. Our seminar will address violence prevention and mental health in the workplace. We have consulted with employers on these issues all year and hope you will join us October 3 – our speakers will share their insights and offer practical guidance on how to be prepared for, prevent and address these modern day business challenges. Then, stay after and enjoy happy hour with our presenters and other attendees.

Additional details and registration can be found here.

Managing Overtime in California

California’s wage and hour laws are unlike any other state, which can make them a challenge to correctly interpret. In recent weeks, two northern California employers have been named in separate class action lawsuits regarding failing to properly pay overtime. What does this mean for employers across California? A clear, well-defined and consistently followed policy is essential.

In California, an employee earns one-and-one-half times their regular rate of pay when they work over eight hours in a day and during the first eight hours of their seventh consecutive day in a defined work week. Employee’s earn double their regular rate of pay when they work 12 hours or more in a day or more than eight hours on their seventh consecutive day in a defined work week. Employers should also consider any applicable federal overtime laws and industry specific requirements.

The employee’s regular rate of pay is used when calculating overtime as opposed to their normal hourly rate of pay. An employee’s regular rate of pay may include their base rate of pay plus commissions, bonus or piece work earnings.

Two critical components to a company’s practice and policy should include language stating that “off the clock” work or not reporting direct time worked is a violation of company policy. An employee who shows up early for their shift or stays late after their shift should not be clocked in if they are not performing work on behalf of the company.

Employers can and should require employees to approve their time sheets at the end of each pay period. This ensures the employee has acknowledged they were given their meal and rest breaks as well as stating that any overtime worked was approved. This can help decrease future claims of unpaid overtime or missed breaks.

Some employers opt to make employees “salaried”, in an effort to avoid being subject to timekeeping and overtime requirements. We will address this approach in a future post.

Now is the time to review your time tracking and overtime policy. A consultant is available to review your current policy or assist in the creation of a new policy.

Through Wind and Rain, Your Employees Must Be Paid

With the wildfires in California and now Hurricane Florence, many employers have experienced business closures, lack of power, and limited access to technology. How do these events affect business operations and compensating your employees?

Exempt vs Nonexempt
During a natural disaster, exempt employees that perform any work during the work week are entitled to be paid their full salary. If an employer decides to shut down operations early and exempt employees work a partial day, no deductions should be made from their regular salary.

Nonexempt employees must be paid for all time worked, whether at the work site or remote. In regular incidences, if a nonexempt employee reports to work and is sent home prior to the end of their shift, they must be paid for half of their scheduled shift, no less than two hours but no more than four hours. This is not required when there is a natural disaster in which the employer has no control.

Travel Time
While an employee’s typical commute may be extended due to a natural disaster, the commute to and from work is generally not considered compensable time. If the employee is driving during work hours and is under the direction of their employer, this time is compensable and must be paid even if above and beyond what is typical.

Late Wage Payments
If an employer is unable to process payroll on time, they are required to provide written notice to their employees with pay date changes. This notification should be done as quickly as possible.

In Closing
There are many factors to consider when dealing with a natural disaster. A consultant is available to help make sure your employees are taken care of.

August 2018

Stay Current Newsletter

Every Second Counts in California – Troester v. Starbucks

Locking up. Taking out the garbage. Setting the alarm. All of these may be expected of an employee after they have clocked out and are at the end of a workday. Last month, the California Supreme Court ruled that de minimis time can no longer be unpaid. De minimis is something so small or trivial that it is too difficult or cumbersome to track.

The Court ruled that because de minimis time is stated in federal law but not expressly stated in the California labor code, employees were entitled to be paid for these small periods of time. The Court stated that California has not expressly adopted the federally held de minimis rule in applicable wage orders or the labor code. The de minimis rule also contradicts California labor law that states employees must be paid for all hours worked. With this ruling, California employers must ensure all employees are being paid for every minute they are performing work or under the control of the employer.

While not every specific situation has been addressed, employers should review timekeeping practices and ensure all employees know to report any time worked that was not recorded. Train your managers and supervisors to not allow employees to perform any work while ‘off the clock’, even if they volunteer. A consultant is available to review your policy and timekeeping practices.

A Few Seats Left – Harassment Prevention Training

Join us in Sacramento for our next in person harassment prevention training session August 22. This session is almost full. Click here to reserve your seat today!

HRDR Blog: What – Unlimited Paid Time Off?!

Unlimited paid time off (PTO) has gained momentum, with household names like Netflix, Honeywell, Dropbox and GE offering unlimited time off to many, and in some cases all of their employees. While these large employers may have started the trend, many smaller companies are also offering this unique benefit. Regardless of your headcount, there are many factors to consider prior to implementing an unlimited time off policy.

Missed our post? Read it here.

Immigration Update – Temporary or Permanent?

California employers are now able to grant Immigration and Customs Enforcement (ICE) access to the worksite and employee personnel records without a subpoena or judicial warrant. A recent ruling has changed the terms of AB 450 also known as the Immigrant Worker Protection Act. Effective January 1, 2018, this bill sought to protect California employees from ICE inspections and raids.

The Department of Justice sued the state of California earlier this year and a US District Court Judge ruled that California’s law directly challenged the US Constitution Supremacy Clause. This clause prohibits states from administering legislation that conflicts with federal law.

Subpoenas and/or warrants are not required for worksite inspections, for now. There is a strong likelihood that this ruling will be appealed by California. Employers are still required to notify employees of an inspection as well as provide the results to employees after the inspection. A consultant is available to help you implement a notification policy that is efficient and compliant.

Save the Date: HRDR Education Event

HR Done Right will be hosting an educational event in Sacramento, October 3. You will learn about violence prevention and addressing mental health in the workplace straight from the experts. Mark your calendars, this is not one to miss. Look for registration information later this month.

July 2018

Stay Current Newsletter

Reserve Your Seat – Harassment Prevention Training

Join us in Sacramento for our next in person harassment prevention training session August 22. Seats will fill up quickly. Click here to reserve your seat today!

HRDR Blog: Time Off Policies – Should You Follow the Trend?

In a recent study by Mercer, it was discovered that combined paid time off (PTO) policies have skyrocketed to over 63%, up from just 38% in 2010. To remain competitive, many employers are shifting how they structure their traditional sick and vacation policies in favor of a combined PTO policy.
Miss our post? Read it here.

Updated Protections Under FEHA – Are You Covered?

July 1, 2018 brought a new wave of legal changes to California. Though most of the changes occurred in certain regions, an update to FEHA will affect employers statewide. The California Fair Employment and Housing Act (FEHA) requires employers with 5 or more employees to refrain from employment discrimination for a myriad of reasons. The most recent update was to discrimination based on national origin. National origin discrimination covers a wide range of protected activities including English-only language policies, English proficiency and accents.

The change expanded the national origin regulations to include protection based on actual or perceived association with “indigenous or ethnic groups”. A summary of the new regulations can be found here.

Question of the Month: “Are there required details that must be included on my employee’s wage statement/pay stub?”

Yes, and while most payroll companies include standard details, employers want to ensure their wage statements comply with California requirements. Refer to this checklist when doing a spot check of your wage statements.

  • Full name and address of the employer’s legal entity
  • Name of the employee and employee ID number (can also be last four digits of the employee’s social security number)
  • Pay period start and end date
  • Gross wages earned in the pay period
  • Total hours worked in the pay period (non-exempt)
  • All deductions
  • Net wages earned
  • All applicable hourly rates during the pay period, and the hours that correspond to each rate
  • If applicable, the number of piece-rate units produced and applicable rate of pay

Though not required to be on the wage statement, it is recommended to include all applicable time off hours such as paid sick leave, sick, vacation or paid time off.

Talk to a consultant for more information regarding recommended and required details on your wage statements.

June 2018

Stay Current Newsletter

Critical Conversations: Mental Health in the Workplace

It’s headlining the morning news show. It’s all over social media. It’s being talked about at the water cooler. The suicides of public figures Kate Spade and Anthony Bourdain have catapulted mental health into the spotlight and shined a light on a topic that can sometimes be difficult to discuss. The World Health Organization found that suicide was one of the top 20 leading causes of death in 2015 and was the leading cause of death of people between the ages of 15-29.Americans with a full-time job work an average of 47 hours per week, which means a large portion of our waking hours are spent around those we work with. If you observe a change in behavior in someone, don’t be afraid to start a conversation. By starting with "I wanted to check in, you haven’t seemed like yourself lately," you are giving them the opportunity to open up and ask for help if they need it. These conversations are not always the easiest to start, but do not shy away from it. There are resources that can help identify warning signs of mental illness or other changes in behavior.

An Employee Assistance Program (EAP) can also be a beneficial resource. Employers can direct their employees to services covered in their EAP to continue the recovery process. By providing an EAP, you can help reduce the effect untreated mental illness can have on your company.

The conversation about mental health in the workplace is not going away. Employers have an opportunity to help their employees receive the help that is needed. Your consultant is available to provide guidance on starting these conversations.

RDR Blog: Hire Right by Identifying Soft Skills

The country is buzzing about the current unemployment rate. In May 2018, the national unemployment rate hit an almost record-breaking 3.8%. In the past we have discussed retaining and recruiting your employees, but what happens when the talent pool is a fraction of what it used to be?

Soft skills have become essential to hiring the best candidate. But what exactly are soft skills? How can you identify them in an interview? Why is this so important with the current state of the talent pool?

Missed our post? Read it here.

Summer Heat = Dress Code?

A California summer means one thing...heat! Employees would rather be sitting by the pool instead of sitting in their office. To combat the summer blues, many employers have adopted a summer dress code policy. Whether you already have one or you are looking to implement one, there are a few key factors to consider.

Safety should be the first priority. While summer sandals are fun to wear, they may not be compatible with your work environment. Loose clothing can also be a hazard when working around machinery. Having specific items that are prohibited listed in your policy can help alleviate questions that may arise.

While jeans and a tank top might be acceptable for some employees, those in a client or customer facing role might have different standards. It is important for your policy to state that employees should dress appropriately for their day.

While summer in California can seem like it lasts all year, we recommend including applicable dates for your summer dress code. Many employers use Memorial Day to Labor Day as a general practice.

Office Closure: Independence Day

HR Done Right will be closed Wednesday, July 4, 2018 in observance of the Independence Day holiday. We will respond to all email and voicemails when normal business hours resume at 8:00 AM Thursday, July, 5, 2018.

May 2018

Stay Current Newsletter

ABC… Not Always As Easy As 123

The independent contractor versus employee topic has always been a highly debated subject. Misclassification can get employers into hot water faster than you can say "PAGA." The Private Attorneys General Act (PAGA) has given disgruntled former employees the outlet to file suits and recover civil penalties on behalf of themselves and others for labor code violations. Therefore, the new California ruling that changes the classification requirements has the potential to shake up many employers workforces and attract attention from plaintiffs attorneys.

Previously, the general rule was "whether the person to whom service is rendered (the employer or principal) has control or the right to control the worker both as to the work done and the manner and means in which it is performed," they were considered an employee. This is no longer the case. The April 30 ruling by the California Supreme Court has introduced the ABC test in California, a method that many states have previously adopted.

The new ABC test is a three-part test. Each worker much fall under each of the three categories, not just one. The three parts are:

  • Part A: The worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of the work and in fact;
  • Part B: The worker performs work that is outside the usual course of the hiring companys business; and
  • Part C: The worker is "customarily engaged in an independently established trade, occupation, or business of the same nature" as the work performed for the hiring entity.

In summary, the worker must be free to perform the work when and how they choose. The worker also must be performing work that is not aligned with the main business purpose of the company. Finally, the worker is more likely to be classified as an independent contractor if they have gone into business for themselves. A plumber, a bookkeeper and an IT professional are all examples of workers that are commonly correctly classified as independent contractors.

Misclassifying a worker as an independent contractor can open employers up to potential claims of wage and hour violations. The burden is on the employer to prove why their workers have been classified as independent contractors. This is the time to review your practices and ensure your independent contractors still fall under the ABC test requirements. Your HR team and legal counsel is available to provide guidance on classifying your employees.

HRDR Blog: Millennials In The Workforce

In 2017, Millennials were the highest demographic in the workforce at a staggering 35%. It is estimated that Millennials will represent 75% of the workforce by 2025. In recent posts, we have discussed how to recruit and retain your employees. But what about these Millennials?

Missed our post? Read it here.

EEO-1 Report Deadline Extension

The Equal Employment Opportunity Commission (EEOC) has extended the deadline to file 2017 EEO-1 reports to June 1 from March 31. Private employers with more than 100 employees are required to file this report on an annual basis through an online filing application. Additional information on who needs to file or how to file can be found here.

Office Closure: Memorial Day

HR Done Right will be closed Monday, May 28, 2018 in observance of the Memorial Day holiday. We will respond to all email and voicemails promptly when normal business hours resume at 8:00 AM Tuesday, May, 29, 2018.

April 2018

Stay Current Newsletter

Q & A: Employee Terminations

We receive calls weekly, sometimes daily with questions from clients regarding how to handle employee terminations. In this newsletter, we will feature the answer to the most frequently asked questions.

Q1: I want to terminate my employee today. What do I need to provide them?
A: Assuming the reasons for termination are lawful, you must provide the employee with the required paperwork along with their final paycheck on their last day of work. Required paperwork in California includes an acknowledgement of final pay, HIPP Notice in their preferred language, change in relationship form, and Form DE 2320 from the EDD regarding unemployment benefits.

Q2: My employee just told me today would be their last day! What do I do now?
A: In this scenario, the employee is the "moving party." If no advanced notice was given, the employer has 72 hours to provide the employee with their final check and required documents (for list of required documents, see question 1).

Q3: My employee has been late on numerous occasions, despite several verbal warnings. Can I let them go today?
A: The short answer here is yes. The follow up would be, "let\s have a conversation." While there are many scenarios that can play into an employee being late, in this particular scenario, the key is documentation. Do you have dates and other supporting details? If you\ve met with the employee, have you documented these meetings in their personnel file? A record of the tardies as well as any verbal warnings should be documented and kept in the personnel file.
It is important to identify the reason the employee is late. Are they 5 minutes late or 30 minutes late? What steps are they taking to improve their timeliness? Do they require some form of reasonable accommodation? These conversations are important because despite California being an at-will state, each termination must be for lawful cause.
This is just a snapshot of the questions our team receives regarding terminating an employee. Keep an eye out for our next Q & A topic!

HRDR Blog: Recruiting Strategies During Low Unemployment

Many employers are struggling to find the talent they need in today\s job market. The Employment Development Department (EDD) reported a 4.5% unemployment rate in California, and some northern California counties have unemployment rates below 3%. Last month we discussed how increasing employee engagement can help to reduce turnover. A strong recruiting strategy is equally vital in your arsenal, therefore our topic of this month\s post.

Missed our post? Read it here.

Managing Leave Laws In California

The alphabet soup of leave laws in California can be a complex process. FMLA, CFRA, PDL, PFL, PSL -keeping abreast of these and the many other types of leaves, in addition to knowing how they interact with each other can be a challenge to navigate.

Certain leave laws in California run concurrently while others may be taken in subsequent order. While some leaves provide supplemental wages and job protection, others may provide one but not the other. Whether an employer is subject to compliance with a particular law is typically determined by the number of employees in a company or the number of employees within a certain geographic area.

Company policies should include the legally required leaves offered as well as any other types of leave provided by the company. These policies should be reviewed on an annual basis to ensure they are up to date and in compliance with current law. Contact our HR consulting team if you need guidance on policy review or compliance with the leave laws applicable to your company.

March 2018

Stay Current Newsletter

Keep Your Employees Informed – New Form W-4

The Internal Revenue Service (IRS) has released the 2018 version for Form W4, Employee's Withholding Allowance Certificate. Many employees have questions surrounding new tax laws and how their pay is impacted.

Click here for a summary to help walk your employee through the changes.

HRDR Blog: Employee Retention Strategies

Employers in California are feeling the effects of the low unemployment rate. According to the Employment Development Department (EDD), the unemployment rate for California in January 2018 was 4.6%. While this is not the lowest it has been in the recent past, it certainly is affecting the retention strategies of many employers across the state.

Missed our post? Read it here.

Employee Handbooks: Should You Or Shouldn’t You?

One size no longer fits all when it comes to employee handbooks. Gone are the days of simply "implementing a new employee handbook." This raises an important question, who really needs an employee handbook?Contrary to popular belief, there is no state or federal law that requires employers to have a handbook. Should an employer decide to have a handbook, they are then legally required to provide certain policies in the handbook and keep it updated regularly. Also, multi-state employers should have handbooks that are compliant with each state's specific laws.

Alden Parker, Regional Managing Partner of employment law firm Fisher Phillips, shared his opinion on why all employers should have a handbook. "A good handbook is worth its weight in gold. It acts as a guide for managers and employees to set and understand expectations. Rather than having a confusing patchwork of policies, a handbook helps guide the employment relationship in a cohesive, efficient manner. Ultimately, as a litigator who meets many employers during their darkest hours, facing a lawsuit by a former employee, those employers without a handbook are at a far greater risk than those with a set of policies laid out in a handbook that are consistently and fairly applied."

While being compliant is something every employer strives to be, a handbook might not be immediately feasible for employers with 15 or fewer employees. If this is the case, having a set of key policies that is distributed and consistently applied company-wide is crucial. Eli Makus, an employment law attorney at Ellis Buehler Makus, said the following about why small employers might decide not to implement a handbook: "While it's common practice to adopt an employee handbook, it's not a legal requirement. Small employers may be able to achieve their legal obligations with key policies and thoughtful, consistent practices. Handbooks can be expensive and time consuming, which may not be worth the investment for a small employer."

Uncertain what direction is best for your company? Contact HR Done Right today.

Large Employers and Contractors Must File EEO-1 Report

As a reminder, certain employers must submit their 2017 EEO-1 reports to the U.S. Equal Employment Opportunity Commission (EEOC) no later than March 31, 2018.

Background and Reporting Requirements
The EEO-1 report is a compliance survey that requires private employers with 100 or more employees and federal government contractors or first-tier subcontractors with 50 or more employees and a contract/subcontract of $50,000 or more to categorize their employment data by race/ethnicity, gender, and job category.

A sample copy of the EEO-1 form and instructions are available here. EEOC's EEO-1 website contains additional resources on the requirement.

Reprinted with permission from HR360.com

February 2018

Stay Current Newsletter

Register Today – Harassment Prevention Training

Some California employers are required to complete mandatory training under California AB1825. This interactive, in person training session will be facilitated by HR Done Right's certified harassment prevention trainer, Julie Worley. This training meets AB1825 compliance requirements. Whether or not your business must comply with AB1825, this program is beneficial for all business owners, supervisors and HR professionals.

Click here to register, seats will fill up quickly!

Workplace Security – What To Do & How To Do It

Workplace violence is something every HR professional and business owner hopes they will never have to experience in their career. Unfortunately, more and more incidents of violence in the workplace are being reported every year. The recent shooting at a high school in Florida brings to light an important question many people may be reflecting on, "Am I doing everything I can to keep my people safe?"

HR Done Right reached out to well-known security expert Hector Alvarez, CTM, for his insight. Hector's article can be found here.

HRDR Blog: ICE raids in Northern California

US Immigration and Customs Enforcement (ICE) is a federal government law enforcement agency that is responsible for identifying and eliminating various security vulnerabilities in the United States. This government agency kicked off 2018 by raiding one hundred 7-11 stores throughout the US. On February 2, more than 75 businesses were visited by ICE, all in Northern California.

Missed our post? Read it here.

Is Direct Deposit Putting You at Risk?

"It's my money and I need it now!" Perhaps you recognize this phrase from a popular television commercial. Instant gratification is something that many people feel on a regular basis, especially on pay day. The idea of picking up a paper paycheck on a Friday, driving to the bank, then waiting 3 days for the funds to clear is a thing of the past. Direct deposit has become the new normal.

Why this is important

So, employers should mandate their employees to have direct deposit then, right? Wrong. Though employers might prefer, or even expect that every employee will sign up for direct deposit, employees have every right to request a paper paycheck. Employers cannot urge or require that an employee enrolls in direct deposit.

California employers must provide easily accessible wage statements every pay cycle. What exactly does "easily accessible" mean? Employees should be able to download from a secure website and print previous wage statements at any time with no cost to them. The wage statements should be accessible from a work computer or a personal computer. For companies that do not have online access, printed copies are also acceptable.

A bit more about wage statements

Each wage statement, whether downloaded online or hand delivered, must include 9 specific pieces of information to be compliant with Labor Code 226. The Healthy Workplace Healthy Family Act of 2014 also requires employers to provide employees with their sick leave balance on each pay day, frequently included on the wage statement.

As part of our onsite HR practices review, we examine current wage statements for compliance. If you have questions, please call the HR Done Right office at (888) 805-5421.

January 2018

Stay Current Newsletter

You’re Invited – What to Expect in 2018: Are You Prepared?

HR Done Right has teamed up with Fisher Phillips for this exciting event o n Thursday January 25, 2018. You will hear the highlights from 2017 that wi ll have an impact on 2018, and what you should be doing now as a California employer. Speakers: Alden Parker - Regional Managing Partner, Fisher Phillips & Julie  Worley - HR Consultant, HR Done Right.


Click here to register. Seats are filling up quickly!

HRDR Blog: What Proposition 64 Means for Employers

The legalization of marijuana has been one of the most talked about topics in California thus far in 2018. Proposition 64 has caused some employers to question if they should continue drug testing their employees.

Missed our post? Read it here.

Reminder: Post OSHA Form 300A Starting February 1

Certain Employers Subject to OSH Act Must Post Form Until April 30.
Employers subject to the recordkeeping requirements of the federal Occupational Safety and Health Act (OSH Act) are reminded to post their 2017 OSHA Form 300A, Summary of Work-Related Injuries and Illnesses, from February 1-April 30, 2018.

OSHA Form 300A lists the total number of job-related injuries and illnesses that occurred during the previous year, and must be posted even if no work-related injuries or illnesses occurred during the year. It should be displayed in a common area where notices to employees are usually posted so that employees are aware of the injuries and illnesses occurring in the workplace. In addition, a company executive must certify that he or she has examined the employer's OSHA Form 300, Log of Work-Related Injuries and Illnesses, and that he or she reasonably believes-based on his or her knowledge of the process by which the information was recorded-that the OSHA Form 300A is correct and complete.

For more information, please click here.

Article reprinted with permission from HR360.com

Save the Date: Harassment Prevention Training

Some California employers are required to complete mandatory training under California AB1825. This interactive, in person training session will be facilitated by HR Done Right's certified harassment prevention trainer, Julie Worley. This training meets AB1825 compliance requirements. Whether or not your business must comply with AB1825, this program is beneficial for all business owners, supervisors and HR professionals.

Click here to register!

December 2017

Stay Current Newsletter

Holiday Bonuses – What You Need To Know

This time of year, many employers reward employees with a holiday bonus. While this is a generous employee perk, employers should be aware of the compliance implications when paying bonuses.

Discretionary or non-discretionary. Discretionary bonuses are typically not announced beforehand and there are no specific metrics tied to "earning" the bonus. A non-discretionary bonus is the opposite - it is often defined, communicated in advance and there are criteria associated with the awarded amount, or potential amount. Why does the basis for determining a bonus matter? Because if it is non-discretionary, the bonus amount needs to be factored into overtime rate of pay calculations.

Taxable or non-taxable. Cash benefits are taxable income to your employee. The IRS classifies fringe benefits as non-cash items valued at $100 or less to be non-taxable items. Yes, those gift cards at your local grocery store are taxable to your employee, even if they are valued at less than $100. If you want to award non-cash items that are not viewed as income, we have several ideas: offer to make a coffee-run to the favorite coffee shop near your office, s tock the break room with everyone's favorite snacks, host a pizza party, or purchase personalized gifts that are under that $100 threshold.

Don't let the rules and regulations discourage you from giving bonuses if that is your practice. Talk to your HR consultant for more guidance.

Welcome New HRDR Team Member

The Done Right family is growing! We are excited to welcome Kimberly Parker, HR Specialist to HR Done Right. Kimberly started her human resource career in recruiting, and comes to us after working for a global manufacturing company. She is a northern California native, having graduated from Chico State with her Bachelor's degree in Business Administration - Human Resources  with a minor in Project Management. She presently holds her Associate Professional in Human Resources™(aPHR™) from the HR Certification Institute. In addition to providing direct client support, Kimberly also assists with marketing and business development. Welcome, Kimberly! 

Are You Ready for the New Laws Impacting California Employers in 2018?

This is the time of year when many people reflect on the year and revisit personal goals and tasks they planned to accomplish. The same is true with business. Legislative bills signed by the governor this year will take effect in January. 

  
Missed our post?  Read it here.

Save the Date: Legal Update Event

Mark your calendar! In partnership with the Sacramento office of Fisher Phillips, LLP we will host an HR update event for employers Thursday, January 25, 2018 in Sacramento. Registration and additional details
will follow.

Holiday Office Closure

HR Done Right will be closed Monday, December 25, 2017 through Friday, December 29, 2017 and Monday, January 1, 2018 in observance of the Christmas and New Year holiday. Normal business hours will resume at 7:30 AM on Tuesday, January 2, 2018.

November 2017

Stay Current Newsletter

Employee Retention Strategies in a Competitive Job Market

According to the Bureau of Labor Statistics, the national unemployment rate dropped to 4.1 percent in October. Job gains occurred in food services and drinking establishments, professional and business services, manufacturing and health care. When the unemployment rate is low, employers often find themselves competing to retain and attract talent.

Missed our post? Read it here.

Harassment – From Hollywood to Washington to Your Workplace

It has seemingly become the norm to turn on your TV or mobile device and hear about yet another member in the public eye being accused of, or confessing to sexual harassment. Politicians, actors, judges - the list goes on. This heightened awareness is causing employers to take notice.

Missed our post? Read it here.

BDR Blog: New ACA Rating Methodology Effective January 1

As of January 1, 2018 the ACA age band structure will be adjusted to expand the number of single age bands for dependent children in the 0-20 age segment. Additionally, the definition of the 3:1 ratio rule has been adjusted.

Click here for full details on the BDR blog.

Select Cities to Raise Minimum Wages in 2018

New Rates Effective January 1, 2018

The cities of Mountain View, Richmond, and Santa Clara will raise their respective minimum wage rates for 2018.

Mountain View
On January 1, 2018, the Mountain View minimum wage will rise to $15.00 per hour (from $13.00 per hour) for eligible  employees . Covered employees are entitled to these rights regardless of immigration status.

An employer may not use an employee's tips or fringe benefits (e.g., health insurance, vacation, or sick leave) as a credit towards the employer's obligation to pay the local minimum wage.

Richmond
On January 1, 2018, the Richmond minimum wage will rise to $13.41 per hour (from $12.30 per hour) for eligible  employees . Employers may generally deduct $1.50 per hour from the local minimum wage if they pay at least that amount for the employee's medical benefits plan.

Santa Clara 
On January 1, 2018, the Santa Clara minimum wage will rise to $13.00 per hour (from $11.10 per hour) for eligible  employees.  Covered employees are entitled to these rights regardless of immigration status.

Generally, employers are not able to use an employee's tips or fringe benefits (e.g., health insurance, vacation, or sick leave) as a credit towards the employer's obligation to pay the local minimum wage. (However,  click here  for special rules concerning commissions and guaranteed gratuities.)

Article reprinted with permission from HR360.com

Office Closure: Thanksgiving Holiday

HR Done Right will be closed Thursday, November 23, 2017 and Friday, November 24, 2017 in observance of the Thanksgiving holiday.

We will process and respond to all email and voicemails promptly when normal business hours resume at 7:30 AM on Monday, November 27, 2017.

October 2017

Stay Current Newsletter

New Laws Impacting California Employers in 2018

HR Done Right has been following several employment legislative bills over the last few months that have now been signed by the Governor. 

Missed our post? Read it here.

BDR Blog: President Trump Issues Executive Order on Healthcare

On October 12, 2017, President Trump issued an executive order on healthcare. The operative provisions of the order relate to association health plans (AHPs), short-term limited duration insurance (STLDI) and health reimbursement arrangements (HRAs). While the order does not have any immediate impact on existing law or regulations, it directs the federal regulatory agencies (the Departments of Treasury, Labor and Health and Human Services) to consider drafting new regulations that could ultimately have significant impact on health insurance markets.
 
Click here for full details on our BDR blog.

The Human Side of Catastrophes – What to Do?

As business owners and HR professionals , protecting the assets of the organization is a priority - this includes protecting our human capital. In recent weeks, we've witnessed devastating hurricanes, uncontrolled flooding, wildfires and mass shootings. These events may affect job performance and an individual's mental and emotional well-being, all of which impacts the workplace.


What can a business do when this happens? Missed our post? Read it here.

Computer Software Exemption Update

California Division of Labor Standards Enforcement (DLSE) increases the computer software exemption minimum salary level to $43.58 hourly, $7,565.85 monthly and $90,790.07 annually.

Employers with employees who work under the computer software exemption should implement the new salary requirement by January 1.

September 2017

Stay Current Newsletter

Department of Labor’s Overtime Ruling Update

Last December, the federal minimum salary for exempt employees was set to increase from $23,660 to $47,476. You may have heard that the U.S. District Court for the Eastern District of Texas just struck down the ruling.

Missed our post? Read it here.

Harassment Prevention Training

Some California employers are required to complete mandatory training under California AB1825. This interactive, in person training session will be facilitated by HR Done Right's certified harassment prevention trainer, Julie Worley. This training meets AB1825 compliance requirements. Whether or not your business must comply with AB1825, this program is beneficial for all business owners, supervisors and HR professionals.

Wednesday October 18, 2017

8:15 AM Registration
8:30- 10:30 AM Training

Register today - this popular class will fill up quickly!

IRS Offers Guidance to Prepare for Hurricanes, Floods, and Other Disasters

September is National Preparedness Month

For September's National Preparedness Month, the IRS is offering the following guidance to those who may be affected by storms, fires, floods, or other disasters:

  • Create electronic copies of key documents. Keep a duplicate set of key documents (e.g., bank statements and tax returns) in a safe place. Much financial information is available online, and electronic documents can be downloaded to a storage device such as an external hard drive or USB flash drive, or burned to a CD or DVD. Even if original documents are only provided on paper, these can be scanned into an electronic format.
  • Document valuables. Documenting valuables (such as by photographing or videotaping) ahead of time will make it easier to quickly claim any available insurance and tax benefits after a disaster strikes. Photos should be stored outside the disaster area.
  • Check on fiduciary bonds. Employers who use payroll service providers should ask the provider if it has a fiduciary bond in place. The bond could protect the employer in the event of default by the payroll service provider.
  • Update emergency plans. Because a disaster can strike at any time, be sure to review emergency plans annually. When employers hire new employees or when a company or organization changes functions, emergency plans should be updated accordingly, and employees should be informed of the changes.
  • How to Contact the IRS. In the case of a federally declared disaster, an affected business can call 1-866-562-5227 to speak with an IRS specialist trained to handle disaster-related issues. Back copies of previously-filed tax returns and all attachments, including Forms W-2, can be requested by filing Form 4506Request for Copy of Tax Return.

Click here to learn more.

Article reprinted with permission from HR360.com

August 2017

Stay Current Newsletter

Revised Form I-9

U.S. Citizenship and Immigration Services (USCIS) has released a new version of Form I-9, Employment Eligibility Verification. Employers must begin using the form, with a revision date of July 17, 2017 by September 18, 2017. All U.S. employers must complete a Form I-9 for each person they hire for employment, including citizens and non-citizens. 

The new Form I-9 can be downloaded here.

California Court of Appeal: Employers May Provide Waiting Periods Before Employees Become Eligible to Earn Vacation 

Decision May Impact Workplace Policies and Practices

The California Court of Appeal (Fourth Appellate District) has released an opinion stating that employers may provide waiting periods before employees become eligible to earn vacation.

According to the opinion, an employer may provide a waiting period before an employee becomes eligible to earn vacation, and if the employer's policy is clearly stated, the waiting period policy is enforceable. If vacation pay is not earned, it is not vested, and therefore there is no entitlement to vacation pay at the termination of the employment relationship.

An employer may lawfully decide it will not provide paid vacation. An employer can also provide paid vacation after a specified waiting period. According to the court, this is similar to an employer's authority to limit the amount of vacation pay that may be earned.

Under state law, whenever an employer policy (or contract of employment) provides for paid vacations, and an employee is terminated without having taken off his or her vested vacation time, all vested vacation generally must be paid as wages at his or her final rate in accordance with such policy (or contract) respecting eligibility or time served. An employer policy (or employment contract) may not provide for forfeiture of vested vacation time upon termination. Vested vacation pay cannot be taken away and all vacation pay is vested when earned. However, there is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time.

Click here to read the opinion. Do you have questions about how the decision may impact your workplace practices? Contact HR Done Right, or your legal counsel. 

Article reprinted with permission from HR360.com

Did You Know? Resource for Employers 

In 2015, California's Department of Fair Employment and Housing (DFEH) received 4,822 sexual harassment claims.

In 2016 the Equal Employment Opportunity Commission (EEOC) received 6,758 charges alleging sexual harassment.

While California law mandates that employers with 50 or more employees must provide sexual harassment prevention training, these staggering figures indicate all employers should consider training for supervisors.

Registration for our September class will be opening soon. Email info@hrdoneright.com to reserve your spot.

Click here for registration details.

DOL Seeks Input on Federal Minimum Wage and Overtime Pay Exemptions

Employers Can Submit Comments through September 25, 2017

The U.S. Department of Labor (DOL) has published a request for information (RFI) seeking input on its 2016 final rule which adjusted the salary thresholds for executive, administrative, and professional employees to be exempt from federal minimum wage and overtime pay requirements.

What Was in the 2016 Final Rule? The 2016 final rule  updated the federal minimum wage and overtime pay exemptions for executive, administrative, and professional employees by:

  • Raising the salary threshold from $455 a week to $913 per week (or $47,476 annually) for a full-year worker;
  • Setting the highly compensated employee total annual compensation level at $134,004 annually;
  • Generally allowing employers to use nondiscretionary bonuses, incentives, and commissions to satisfy up to 10%of the new standard salary level; and
  • Establishing a mechanism for automatically updating the salary and compensation thresholds every 3 years, beginning in 2020.

Enforcement of the 2016 final rule was halted by a federal judge in December 2016, and remains the subject of litigation.

On What Issues is the DOL Requesting Input? Among other issues, the DOL is requesting input on whether:

  • The $455 per week threshold should be increased based on the rate of inflation.
  • Salary thresholds should be set based on state, metropolitan area, or the size of the employer.
  • Different salary thresholds should be set for the executive, administrative, and professional employee exemptions.
  • Salary thresholds and the highly compensated employee total annual compensation level should be automatically updated on a periodic basis.

For additional information on the RFI,  click here.

How Do Employers Submit Comments? Employers have through September 25, 2017 to submit comments to the DOL regarding its RFI at www.regulations.gov, using the Regulatory Information Number (RIN) 1235-AA20.

Article reprinted with permission from HR360.com

July 2017

Stay Current Newsletter

Mid-year Check Up

Wage Order Updates

The California Department of Industrial Relations (DIR) has updated most of the Wage Orders. It is important to have the correct Wage Order available and posted for employees.

Each of the 17 Wage Orders is specific to the industry or occupations regarding:

  • Hours and days of work
  • Minimum wages
  • Overtime
  • Alternative workweeks
  • Meal periods and rest breaks
  • Meals and lodging
  • Change rooms and resting facilities

While each Wage Order contains similar information, pay close attention to some of the hidden provisions of the Wage Order that applies to your industry. Click here to access the Wage Orders.

Revised Department of Fair Employment and Housing Notices

The Department of Fair Employment and Housing (DFEH) recently made changes to notices listed below. All California employers must post the updated notices.

Notices for Victims of Domestic Violence, Sexual Assault and Stalking

Employers with 25 or more employees must now provide each new employee or other workers who ask for information on their rights as a victim of domestic violence, sexual assault and stalking as of July 1, 2017. Click here for the required notice.

HR TIP: Remember to check your local municipality for any updates to local ordinances. Especially if you have employees in the Bay Area!

Lessons Learned from Employers Violating Pregnancy Workplace Laws

Pregnancy discrimination involves treating a woman (either an applicant or employee) unfavorably because of pregnancy, childbirth or a medical condition related to pregnancy or childbirth.

Two recent cases highlight the consequences for employers who are found in violation of pregnancy workplace laws. 

Missed our post? Read it here.

Healthcare Legislation Update from Benefits Done Right

Our affiliated company, Benefits Done Right Insurance Agency actively monitors healthcare reform and the possible impact to employers. While nothing has been passed, bills have been presented by the House and Senate as alternatives to the Affordable Care Act. 

It is expected in the coming days that the Senate will now take up a vote to repeal the ACA. While we do not know what, if anything will ultimately replace the ACA, we get an indication from what has been presented thus far by the House and Senate. Refer to the attached chart for a comparison of the Affordable Care Act, the American Health Care and the Better Care Reconciliation Act.   

We will continue to monitor events and will keep you informed. If you would like to receive direct updates on this topic, email info@benefitsdoneright.com to be included in our breaking news updates.

Harassment Prevention Training

Some California employers are required to complete mandatory training under California AB1825. This interactive, in person training session will be facilitated by HR Done Right's certified harassment prevention trainer, Julie Worley. This training meets AB1825 compliance requirements. Whether or not your business must comply with AB1825, this program is beneficial for all business owners, supervisors and HR professionals.

Wednesday August 16, 2017

8:15 AM Registration 
8:30- 10:30 AM Training

Register today- this popular class will fill up quickly!

HR Done Right Office Closure

HR Done Right will be closed Friday, August 11, 2017, as we recognize the hard work of our team at our annual Done Right Team Appreciation Day.

We will process and respond to all email and voicemails promptly when normal business hours resume on Monday, August 14, 2017.

June 2017

Stay Current Newsletter

Keeping You Informed

Have you read our latest post? We regularly publish articles to keep you informed, and share them via our blog. Click here to be directed to our blog page. If you have an HR question or suggestion, please send them to info@hrdoneright.com. Your question may be featured in a future post!

Harassment Prevention Training

Some California employers are required to complete mandatory training under California AB1825. This interactive, in person training session will be facilitated by HR Done Right's certified harassment prevention trainer, Julie Worley. This training meets AB1825 compliance requirements. Whether or not your business must comply with AB1825, this program is beneficial for all business owners, supervisors and HR professionals.

Wednesday August 16, 2017

8:15 AM Registration 
8:30- 10:30 AM Training

Register today- this popular class will fill up quickly!

Heat Illness Prevention Reminders

With temperatures on the rise, employers have a duty to keep their employees safe when working indoors and outdoors. Heat is the number one weather-related killer in the United States. It is critical that employers identify the hazards of working in hot conditions and take steps to reduce the risk to their employees.

All employers who have employees working outside in high temperature conditions are advised to:

  • Provide access to plenty of free, cool, fresh drinking water, and remind employees to remain hydrated
  • Provide access to shade and maintain regular communication to ensure their safety
  • Observe employees for signs and symptoms of heat illness (decreased consciousness, staggering, vomiting, irrational behavior or convulsions)
  • If a supervisor observes, or an employee reports, signs or symptoms of heat illness, the supervisor must take immediate and appropriate action
  • Train employees and supervisors on your company's heat illness prevention plan

There is no limit on how often a preventive cool-down rest period can be taken should an employee begin to experience signs of heat illness. For more information, you can also visit Cal/OSHA's Heat Illness Prevention website.

New Workplace Regulations in California effective July 1, 2017

The California Fair Employment and Housing Council (FEHC) finalized two new regulations employers should be aware of and understand under the California Fair Employment and Housing Act (FEHA). These new rules impact criminal history and transgender discrimination.
 
Use of Criminal History Information
 
Effective July 1, employers may not consider any non-felony convictions related to marijuana possession that is more than two years old. Employers are also prohibited from using criminal history information that has an "adverse impact" on employees based on a protected class (e.g. race, national origin) unless the information is job-related and consistent with business necessity. The FEHC developed new standards that employers must meet and a complex procedural process that must be followed when considering criminal convictions in hiring.
This rule applies to all employment decisions. Employers will want to review their pre-employment practices to ensure they are in compliance with this new regulation.
 
Transgender Identity and Expression
 
The FEHC expanded the current definitions of the terms "gender expression" and "gender identity" in its final regulations, effective July 1. The expanded protection now includes the "perception" of an individual's gender expression or gender identity. The regulations add a new definition of "transitioning" to mean a process some transgender people go through to begin living as the gender with which they identify, rather than the sex assigned to them at birth. The transition process may include changes in name and pronoun usage, facility usage, participation in employer-sponsored activities, or undergoing hormone therapy, surgeries, or other medical procedures.
 
Employers are prohibited from discriminating against employees who are transitioning or have transitioned their birth gender. The new rules specify that employers must respect an employee's request to be identified by a preferred gender, name or pronoun, including gender-neutral pronouns. An employer can be held liable for a FEHA violation if the employer fails to abide by the employee's stated preference.
 
Employers must also provide equal access to facilities without regard to the sex of the employee. As of March 1, 2017, California required all employers to use all-gender signage for single-user toilet facilities in any business establishment.
HR TIP: The regulations are complex. Review your employment practices and internal company policies.

HR Done Right Office Closure

HR Done Right will be closed Monday, July 3 and Tuesday, July 4 for Independence Day. We will respond to all email and voicemails promptly when normal business hours resume Wednesday, July 5, 2017.

Human Resources. Made Simple. Done Right.

Welcome to the inaugural newsletter of HR Done Right! This newsletter will focus on the latest HR news, and common questions that are raised by our clients that may be applicable to other employers. Have a question or topic you would like us to discuss in a future newsletter? Email us at info@hrdoneright.com and you just might see your question in our next edition!

Who is HR Done Right?

We help employers protect their business while taking care of their greatest assets, their people. Our services include: on-site, outsourced HR, capacity building for existing HR teams, HR assessments, special projects and legal counsel. Whether you want us to be your HR team, or help your existing HR team – we’ve got you covered.

Let us take care of you like family. Call 888-805-5421 today!

Proprietary & Confidential

You know what they say about people who assume. When it comes to a company’s intellectual property, never assume anything. Just because you think something is proprietary and confidential doesn’t mean that it is, or that someone else will feel the same way you do. That’s why it’s a good idea to always err on the side of caution and make sure any documents that are part of a company’s intellectual property are labeled as such, password protected if necessary, and mentioned in the employee handbook as such. This may not keep them from getting stolen, but it will help a company should it need to file suit.

On Society for Human Resource Managment an article titled,
Identify Your Trade Secrets to Prevail in IP Theft Litigation, lists a case where information was taken and used by a former employee because it wasn’t properly labeled as proprietary and confidential. Furthermore, it wasn’t identified in the employee handbook as a trade secret, nor was the employee required to sign a noncompete agreement. The issue at hand was a list of people, including their names, addresses, phone numbers, etc., held by the company. An employee took that list and used it for a competing business. The argument was that everyone within the company understood that the list was only for business purposes and was not publicly known, nor available to the public. The court, however, disagreed and ruled that the list was not a trade secret or confidential and proprietary information. The list was available to all staff and to the people on the list, so the company wasn’t trying to guard the secrecy of the information. Furthermore, most of the information was available in the public domain.

So, what is the lesson here for employers? Regardless of what the information may be, what technologies it may contain, or who has access to it, make sure everyone knows that it’s part of the company’s intellectual property and put in place safeguards that ensure this.

What kinds of safeguards are necessary? According to the article, as long as a company takes reasonable precautions by taking time to set up a system to protect information believed to be important, confidential, or proprietary, the system doesn’t have to be perfect.

So by limiting access to the information, keeping it secure, informing everyone who has access that the information is confidential, and designating the information as such in the employee handbook. It’s also a good idea, according to the article, to remind departing employees during their exit interview about any confidentiality obligations.

If something is worth protecting, then it’s worth the extra time and effort needed to ensure its security. Proprietary and confidential mean just that, and these terms should be taken seriously and not applied haphazardly.

E-Verify Program Extended to September 30, 2016
Employers Still Required to Complete Form I-9

Recent legislation (§ 572) extends the federal E-Verify program to September 30, 2016. The E-Verify program will require further authorization from the federal government in order to continue beyond the date set forth in the law.

E-Verify is an Internet-based system that allows an employer, using information reported on an employee’s Form I-9, to determine the eligibility of that employee to work in the United States. While participation in E-Verify is voluntary for most businesses, some companies may be required by state law or federal regulation to use E-Verify. The program is mandatory for employers with certain federal contracts or subcontracts that contain the Federal Acquisition Regulation E-Verify clause. There is no charge to employers to use E-Verify.

Note that E-Verify does not replace the legal requirement to complete and retain Form I-9Employment Eligibility Verification. Federal law requires all employers to verify the identity and employment authorization of each person they hire by completing and retaining Form I-9. E-Verify verifies the employment authorization of new hires based on the information provided on Form I-9. Form I-9 must still be retained and stored in either paper, electronic, or microfilm/microfiche format.

© HR360, January 8, 2016

IRS Provides Major Delay in 6055 and 6056 Reporting
A Relief for Small Business

In late December 2015, the IRS issued Notice 2016-4 delaying the reporting deadlines for Sections 6055 and 6056 of the Affordable Care Act. The 1094-C, 1095-C, 1094-B, and 1095-B were originally due to the IRS by the end of February if filling by paper and the end of March if filing electronically. The 1095-C and 1095-B forms were due to employees by the end of January, but business now have until late May if filing by paper, and the end of June if filling electronically.

Read our blog post about the delay and what it means to you.

Read the Blog

Join us as we celebrate the launch of HR Done Right!

February 17, 2016
4:30pm at Piatti on Fair Oaks Blvd.

You are invited to HR Done Right’s educational event, Three Things Employers and HR Leaders Need to Know in the New Year followed by our company launch party. Employment attorney Eli Makus will discuss social media privacy, the Equal Pay Act and new considerations for working with contractors. Refreshments and networking to follow. Please RSVP to 888-805-5421 or info@hrdoneright.com.

HR Done Right, Inc.
hrdoneright.com
info@hrdoneright.com | 888-805-5421

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