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Employment Law Update Speakers: HR NETwork, Inc. Audrianne Adams Lee TLD Law Shannon Jenkins Employment Law Update Speakers: HR NETwork, Inc. Audrianne Adams Lee TLD Law Shannon Jenkins

AUDRIANNE ADAMS LEE President/CEO HR NETwork, Inc. AUDRIANNE ADAMS LEE President/CEO HR NETwork, Inc.

A Brief Look Back at 2016 and Impact to 2017 l Digital Enterprise – A Brief Look Back at 2016 and Impact to 2017 l Digital Enterprise – – – l The Employee Experience – – l Digital by Design Digital Marketplace Digital Workforce Company Culture Branding Presidential Election / Political Climate

CA Bills Vetoed SB 654 Parental Leave - created a new protected LOA for CA Bills Vetoed SB 654 Parental Leave - created a new protected LOA for employers with 20/more EE’s by adding another six weeks of leave for the same EE (totaling 5+ months of protected leave) l SB 406 expanded CA’s paid family leave (PFL) to apply to employers with 25/more EE’s (rather than the current 50 EE’s) l AB 676 prohibited employers from asking applicants to disclose their employment status l AB 1017 prohibited employers from basing current pay on previous pay l AB 465 prohibited employers from requiring workers to use binding arbitration as a condition of employment Review Additional l

SB 3 State Minimum Wage Increase Schedule Date January 1, 2017 January 1, 2018 SB 3 State Minimum Wage Increase Schedule Date January 1, 2017 January 1, 2018 January 1, 2019 January 1, 2020 January 1, 2021 January 1, 2022 January 1, 2023 Minimum Wage for Employers with 25 Employees or Less $10. 00/hour $10. 50/hour $11. 00/hour $12. 00/hour $13. 00/hour $14. 00/hour $15. 00/hour • Review Headcount Q&A’s Minimum Wage for Employers with 26 Employees or More $10. 50/hour $11. 00/hour $12. 00/hour $13. 00/hour $14. 00/hour $15. 00/hour

SB 3 - CA Minimum Wage Impact l l l l Overtime Rate Piece-Rate SB 3 - CA Minimum Wage Impact l l l l Overtime Rate Piece-Rate Employees Exempt/Nonexempt Draws Against Commissions Notice Requirements Tools/Equipment Meals and Lodging

FED DOL: FLSA OT Rule Injunction l l The U. S. DOL adopted a FED DOL: FLSA OT Rule Injunction l l The U. S. DOL adopted a regulation to increase the federal minimum exempt salary to $47, 476/year. On November 22, 2016, a federal court district judge granted an injunction that stopped this increase from going into effect.

CA Exempt Employees - Salary Basis Test Increases in 2017 Exempt* employees will need CA Exempt Employees - Salary Basis Test Increases in 2017 Exempt* employees will need to receive: l l A monthly salary of $3, 640 (was $3, 467) An annual salary of $43, 680 (was $41, 600) *Executive, Professional, Administrative

2017 Exemption Rates for Computer Professionals Effective January 1, 2017 The DIR has adjusted 2017 Exemption Rates for Computer Professionals Effective January 1, 2017 The DIR has adjusted the computer software employee’s minimum exemption rate to: l l l The minimum hourly rate of pay increases to $42. 35 (from $41. 85 - 1. 2% increase). The minimum monthly salary increases to $7, 352. 62. The minimum annual salary increases to $88, 231. 36. Note: Licensed Physicians & Surgeons Rate increases to $77. 15 per hour

AB 1066 Eliminates OT Exemption for Agricultural Workers Ensures CA farmworkers earn OT pay AB 1066 Eliminates OT Exemption for Agricultural Workers Ensures CA farmworkers earn OT pay at the same standard as other workers: after 8 hours/day or 40 hours/week

 Eff. 2019 SB 1015 Regulates Hours and Overtime Rights of Domestic Workers l Eff. 2019 SB 1015 Regulates Hours and Overtime Rights of Domestic Workers l Extends Domestic Workers Bill of Rights l Domestic workers earn OT >9 hours in one workday or >45 hours in any workweek

AAL LA County*/City Minimum Wage Effective: l July 2016 $10. 50 l July 2017 AAL LA County*/City Minimum Wage Effective: l July 2016 $10. 50 l July 2017 $12. 00 l July 2018 $13. 25 $14. 25 $15. 00 l July 2019 l 2020 * Unincorporated Areas

Local Laws/Ordinances City Ordinance LA City of Los Angeles – Ban the Box Ordinance Local Laws/Ordinances City Ordinance LA City of Los Angeles – Ban the Box Ordinance LA LA* Paid Sick Leave Minimum Wage Ordinance San Jose San Fran San Jose Initiative San Fran Paid Parental Leave Ordinance * Also Cities of Long Beach, Pasadena, Santa Monica, San Diego

2017 IRS Mileage Rate Decreases Again! Effective 01/01/17 Reimbursement rate for business mileage: l 2017 IRS Mileage Rate Decreases Again! Effective 01/01/17 Reimbursement rate for business mileage: l l l 53. 5 cents per mile for business miles (down 0. 5 cents) 17 cents per mile for medical or moving purposes (down 2 cents) 14 cents per mile for charitable organizations (no change)

DIR: Labor Commissioner Launch Online System for Reporting Labor Law Violations l l DIR DIR: Labor Commissioner Launch Online System for Reporting Labor Law Violations l l DIR launches an online system for reporting labor law violations Made simple to use and enable the Labor Commissioner to receive real time leads on noncompliant businesses

AB 2899 Posting Bond Challenging a Wage Claim l Requires employer, before appealing a AB 2899 Posting Bond Challenging a Wage Claim l Requires employer, before appealing a decision by the Labor Commissioner, file a bond - in favor of the unpaid employee that covers the total amount of any minimum wages, liquidated damages, and overtime compensation owed. l The bond is forfeited to the EE if the employer fails to pay the amounts owed within 10 days from the conclusion of the proceedings

 Eff. 10/25/2016 Fair Pay and Safe Workplaces Executive Order (FPSW EO) l l Eff. 10/25/2016 Fair Pay and Safe Workplaces Executive Order (FPSW EO) l l Final Rule and Guidance Key changes - most significant compliance challenges facing federal contractors and subcontractors

FED: Fair Pay Rule/ Blacklisting Rule Temp Injunction The blacklisting rule requires that federal FED: Fair Pay Rule/ Blacklisting Rule Temp Injunction The blacklisting rule requires that federal contractors report all violations of 14 different labor laws, plus similar state laws, to the federal government, including violations that have not been fully litigated in court, even if they still are being contested or have been settled. Under the rule, the government then determines whether a contractor is responsible enough to be awarded more contracts.

Proposed FED HR 6030 - Bans Salary History Questions (and Ban the Box) Pay Proposed FED HR 6030 - Bans Salary History Questions (and Ban the Box) Pay Equity for All Act of 2016 Makes it unlawful for employer to: l l l Screen prospective EE’s based on their previous wages or salary histories Seek previous wages or salary history of any prospective EE Discharge or retaliate against any current/prospective for complaining, testifying, assisting, or participating in an investigation relating to any such act or practice

AB 1843 Juvenile Criminal History in Employment Applications l Prohibits employers from asking or AB 1843 Juvenile Criminal History in Employment Applications l Prohibits employers from asking or taking into consideration juvenile convictions Also AB 1289 Background Checks for Drivers

 Eff. 3/1/2017 AB 1732 Single User Restrooms All single-user toilet facilities in any Eff. 3/1/2017 AB 1732 Single User Restrooms All single-user toilet facilities in any business establishment, place of public accommodation or government agency must be identified as “all-gender” restroom

 Eff. 6/9/2016 ABX 2 -7 Smoking in the Workplace • Eliminates most existing Eff. 6/9/2016 ABX 2 -7 Smoking in the Workplace • Eliminates most existing exemptions that permitted smoking in certain work environments, such as bars, hotel lobbies, warehouse facilities and employer-designated smoking break rooms • Considers e-cigarettes and vaping devices that contain nicotine as “smoking” • Eliminates exception for employers with 5/less EE’s • Raise the minimum smoking age from 18 to 21, except for active military personnel

Prop 64: Legalizing Recreational Marijuana (impact to Drug Free Workplace Policy) l Legalizes possession Prop 64: Legalizing Recreational Marijuana (impact to Drug Free Workplace Policy) l Legalizes possession and recreational use of up to 28. 5 grams of marijuana and up to 8 grams of concentrated marijuana for adults 21+ Does Proposition 64 Limit an Employer’s Power to Prohibit Marijuana?

 Eff. 1/1/2017 SB 1234: State-Run Retirement Plan for Private-Sector (Secure Choice) California Secure Eff. 1/1/2017 SB 1234: State-Run Retirement Plan for Private-Sector (Secure Choice) California Secure Choice Making Workplace Retirement Savings Possible for Millions of Californians http: //www. treasurer. ca. gov/scib/

 Eff. March 2018 New EEO-1 Form Requires Companies to Report Pay Data Employers Eff. March 2018 New EEO-1 Form Requires Companies to Report Pay Data Employers with 100/more EE’s l To begin submitting wage info starting March 2018

AB 2535 Itemized Wage Statements Clarification Paystub must include: 1. 2. 3. 4. 5. AB 2535 Itemized Wage Statements Clarification Paystub must include: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Gross wages Total hours worked All hourly rates in effect Piece-rate units Deductions Net wages Inclusive dates of pay period Last four digits of EE ssn Employer’s name & address PSL available (or PTO) Exemptions from Requirement of Stating Total Work Hours: • • • Outside salespersons Executive, administrative or professional exempt EE’s Immediate family members Computer software exempt EE’s in certain live-in substance abuse rehab programs EE’s in certain national service programs

AB 1847 Employers to Notify Eligible Employees of FED Earned Income Tax Credit l AB 1847 Employers to Notify Eligible Employees of FED Earned Income Tax Credit l If employer required to notify EE’s eligible for the federal earned income tax credit (EITC), must also notify same EE’s of eligibility for state EITC under the same conditions

 Eff. 7/1/2017 AB 2337 Domestic Violence, Sexual Assault, or Stalking Victim Protection 25 Eff. 7/1/2017 AB 2337 Domestic Violence, Sexual Assault, or Stalking Victim Protection 25 or more l l Must provide EE’s with written notice of rights of victims of domestic violence, sexual assault and stalking to take protected time off for medical treatment or legal proceedings The Labor Commissioner to develop a required form on/before July 1, 2017

AB 1661/ 1978 Harassment Prevention Training l AB 1161 Requires local agency officials, including AB 1661/ 1978 Harassment Prevention Training l AB 1161 Requires local agency officials, including local elected officials, to receive sexual harassment prevention training and education l AB 1978 Requires in-person sexual violence and harassment prevention training for janitorial workers (by January 1, 2019)

SB 1001 Immigration Documents (I -9) l l l Under federal law, it is SB 1001 Immigration Documents (I -9) l l l Under federal law, it is unlawful for employers to ask for more or different docs than required by Form I-9, or refuse to accept docs that appear genuine on their face, or engage in other types of document abuse Now unlawful in CA also Violators subject to a penalty of up to $10, 000

SB 287 CA Health and Safety Code: AEDs Required in New Construction l Requires SB 287 CA Health and Safety Code: AEDs Required in New Construction l Requires AEDs in all new commercial construction from January 2017 l No Common Law Requirement for AED

 Eff. 03/1/2017 AB 1676/SB 1063 - Wage Discrimination/ Differential & Application to Race/Ethnicity Eff. 03/1/2017 AB 1676/SB 1063 - Wage Discrimination/ Differential & Application to Race/Ethnicity l AB 1676 establishes that an employee’s prior salary cannot, by itself, justify any disparity in pay l SB 1063 prohibits wage differentials based on an employee’s race or ethnicity for substantially similar work

AB 488 Definition of an Employee Revises the definition of employee under CA Fair AB 488 Definition of an Employee Revises the definition of employee under CA Fair Employment and Housing Act (FEHA) to include individuals employed under a special license in a nonprofit sheltered workshop or rehabilitation facility

 Eff. 01/1/2018 AB 908 Paid Family Leave Benefits l l Increases the amount Eff. 01/1/2018 AB 908 Paid Family Leave Benefits l l Increases the amount of paid family leave (PFL) benefits from 55% of earnings to 6070%, depending on EE’s income. No longer a 7 -day waiting period to receive benefits. Also: AB 2393 Expands Coverage/Benefits of Paid Parental Leave K-12 school districts and county offices of education

AB 1785 Amends Use of Wireless Devices while Driving Amends existing law to authorize AB 1785 Amends Use of Wireless Devices while Driving Amends existing law to authorize drivers to use their hand to activate or deactivate a feature or function of the device with a single swipe or tap, as long as the device is mounted so as not to hinder the driver’s view of the road

AB 2068 Talent Services Strengthens protection for an artist’s information or image to include AB 2068 Talent Services Strengthens protection for an artist’s information or image to include information posted on: – – An online service Online application Mobile application, or Website

 Eff. 11/1/2016 OSHA Drug and Alcohol Testing l Drug testing for work-related injury/illness Eff. 11/1/2016 OSHA Drug and Alcohol Testing l Drug testing for work-related injury/illness only provided there is an objectively reasonable basis for testing Employer had a reasonable basis for believing that drug use by the reporting employee could have contributed to the injury or illness l

 Eff. 07/01/17 Correction OSHA: On-Line Tracking of Workplace Injuries and Illnesses (IIPP) l Eff. 07/01/17 Correction OSHA: On-Line Tracking of Workplace Injuries and Illnesses (IIPP) l Requires employers (in certain industries) to electronically submit to OSHA injury and illness data, to be posted on a publicly accessible Web site. l Requires employers to inform EE’s of their rights l Implicit requirement that an employer's procedure for reporting work-related injuries and illnesses must be reasonable and not deter or discourage EE’s from reporting

 Eff. 08/10/2016 Add’l OSHA Final Rules l Incentive Programs l New Retaliation Rules Eff. 08/10/2016 Add’l OSHA Final Rules l Incentive Programs l New Retaliation Rules

 Eff. 01/1/2019 SB 1167 Cal OSHA: Heat Illness Rules for Indoor Workplaces Creates Eff. 01/1/2019 SB 1167 Cal OSHA: Heat Illness Rules for Indoor Workplaces Creates a heat illness and injury prevention standard applicable to indoor places of employment (based on environmental temperatures, work activity levels, and other factors)

Workers’ Compensation Law Changes • SB 1160/AB 2503: Utilization review process occurring on or Workers’ Compensation Law Changes • SB 1160/AB 2503: Utilization review process occurring on or after January 1, 2018 • AB 1244 suspensions of physicians, practitioners or providers from the workers’ compensation system • AB 2883 clarifies Officers /Directors Exclusion • SB 914 Deletes Authorization to use ACO&EM as Standard for Independent Medical Reviews • SB 1175 Requires Providers to Submit Bills to Employer within 1 year of the Date of Service • AB 1643 Limitations on apportionment for pregnancy, menopause, osteoporosis, carpal tunnel syndrome

Legal Cases and Trends Shannon Jenkins, Partner Legal Cases and Trends Shannon Jenkins, Partner

CA Supreme Court: On-Call Rest Breaks Are Not Permissible 12/22/16 Augustus v. ABM Security CA Supreme Court: On-Call Rest Breaks Are Not Permissible 12/22/16 Augustus v. ABM Security Services, Inc. l Employers cannot require employees to remain “on-call” during rest breaks, even though these short breaks are part of the employees’ paid hours worked

 Eff. 1/1/2017 SB 836: Amends the Private Attorneys General Act of 2004 (PAGA) Eff. 1/1/2017 SB 836: Amends the Private Attorneys General Act of 2004 (PAGA) Gives the California Labor and Workforce Development Agency: 1. 2. 3. More time to investigate and issue citations for California Labor Code violations; More oversight over PAGA actions; An opportunity to object to proposed PAGA settlements as insufficient; and More funds to investigate and issue citations for California Labor Code violations (due to the new filing fee requirement)

 Eff. 1/1/2017 SB 1241: Choice of Law and Forum in Employment Contracts Employer Eff. 1/1/2017 SB 1241: Choice of Law and Forum in Employment Contracts Employer cannot require an employee who primarily works and resides in CA to agree to: Adjudicate a claim in another state when the claim arises in CA l (prohibiting choice of forum) Apply another state’s law to a controversy that arises in CA (prohibiting choice of law) l

Cases to Watch l l l Alvarado v. Dart Container Corp. of California Dynamex Cases to Watch l l l Alvarado v. Dart Container Corp. of California Dynamex Operations West, Inc. v. Superior Court Mendoza v. Nordstrom Troester v. Starbucks Corp. Williams v. Superior Court

Back to AAL Avoiding Age Discrimination of Older Workers l l Technology Job Postings Back to AAL Avoiding Age Discrimination of Older Workers l l Technology Job Postings Interviews Company Events

NEW EEOC Publication for Workers with Mental Conditions EEOC Publication Depression, PTSD, & Other NEW EEOC Publication for Workers with Mental Conditions EEOC Publication Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights https: //www. eeoc. gov/eeoc/publications/mental_health. cfm

Experts Predict ACA Repeal-and-Replace Forecasted: l Likely the GOP House enact in stages l Experts Predict ACA Repeal-and-Replace Forecasted: l Likely the GOP House enact in stages l Repeal and Replace will be piecemeal l A Road Map by April

Top HR Trends in 2017 Millennials Are No Longer The Newbies l Culture And Top HR Trends in 2017 Millennials Are No Longer The Newbies l Culture And Ethics Get A Much-Needed Refresh l Performance Management Getting an Overhaul l Contingent Workforce Rising l See Training Modules List

Annual Merit Increases are Giving Way to Variable Pay Annual Pay Raise Becoming Obsolete Annual Merit Increases are Giving Way to Variable Pay Annual Pay Raise Becoming Obsolete l Keeping—but Refining— Merit Raises l – – – Setting different expectations for meritbased pay raises Improving goal setting Mixing salary increase and lump sums

AAL Recommendations for 2017 l l l l l Employer Branding Hiring Procedures LOA AAL Recommendations for 2017 l l l l l Employer Branding Hiring Procedures LOA policy/procedures/forms Written bonus/commission plans Managing Multiple Generations Diversity Training Focus on Safety Supervisor Training on Policies Issues, Employee Relations, Handling Complaints, What do to when Accidents Happen Equal Pay Issues – conduct a payroll audit Return to Work Agreements/Light Duty Policies/ Accommodations Wellness Programs

2017 Handbook Changes l Major Changes: – – – l Policy Against Harassment Cell 2017 Handbook Changes l Major Changes: – – – l Policy Against Harassment Cell Phone Use/Safe Driver Policy Weapons Policy Drug Testing Policy CA Final Wages Update and Roll-Out Plan: – – Addendum Sent in January Addendum folded into HB for New Hires

 Eff. 08/01/16 (DOL) Poster Changes / Posting Options FEDERAL l DOL issued two Eff. 08/01/16 (DOL) Poster Changes / Posting Options FEDERAL l DOL issued two mandatory posting changes: – – l FLSA poster EPPA poster OSHA mandatory notification requirement l STATE (CA) Minimum Wage

Audrianne Adams Lee, SPHR HR NETwork, Inc. Phone: 714. 799. 1115 www. hrnetworkinc. com Audrianne Adams Lee, SPHR HR NETwork, Inc. Phone: 714. 799. 1115 www. hrnetworkinc. com Shannon M. Jenkins, Partner Tredway Lumsdaine & Doyle LLP 949. 756. 0684 http: //www. tldlaw. com/attorneys/shannonjenkins/