Paid Sick Leave (effective July 1, 2015) Part II of II

AB 1522 requires California employers to pay up to three days sick pay per year effective July 1, 2015.   Sick leave may be used for diagnosis, treatment, or preventative care for an employee or that employee’s family members.  Family members include parents-in-law, grandparents, grandchildren, and siblings.  Sick leave may also be used for victims of domestic violence, sexual assault or stalking.

Unused hours must carry over year to year with a permissible cap of 48 hours or six days.  However, if employees are given the total amount of sick days that may be used at the beginning of the year, no accrual or carryover is required.  Employers are not required to pay employees for accrued unused sick pay at the time of separation from employment.

Employers must provide employees with an itemized statement setting forth available sick leave on the employee’s itemized wage statement or separate form each payday.  Employers must also display a poster informing employees of their rights in a conspicuous location.

Source for Employment notes: New California Employment Laws for 2015 by: Laura K. Sitar, Shareholder at Wroten & Associates


Paid Sick Leave (effective July 1, 2015) Part I of II

AB 1522 requires California employers to pay up to three days sick pay per year effective July 1, 2015.  Employers must permit employees to accrue paid sick leave at a rate of at least one hour of paid sick leave for every 30 hours worked.  Exempt employees are deemed to work 40 hours, unless the employees work week is less than 40 hours.

The employer may limit the use of paid sick days to 24 hours or three days in each year of employment.  Employees who work 30 or more days within a year from commencement of employment are entitled to accrue sick days and entitled to use accrued sick leave beginning the 90th day of employment.  Employers may set a minimum increment of sick hours to be used at one time, but that minimum cannot be more than two hours.

Source for Employment notes: New California Employment Laws for 2015 by: Laura K. Sitar, Shareholder at Wroten & Associates.


Protecting Workers in the New Subcontracted Society

We are half way through 2015. Are you following the employment laws that went into effect January 1, 2015?

 Protecting Workers in the New Subcontracted Society
AB 1897 requires a client employer to share all civil legal responsibility and civil liability for the payment of wages and the failure to obtain valid workers’ compensation coverage for all workers supplied by certain labor contractors.  It amends existing law which prohibits a person or entity from entering into a contract for labor or services with a construction, farm labor, garment, janitorial, security guard, or warehouse contractor if the person or entity knows or should know that the contract or agreement does not include sufficient funds for the contractor to comply with laws or regulations governing the labor or services provided.

Source for Employment notes: New California Employment Laws for 2015 by: Laura K. Sitar, Shareholder at Wroten & Associates.


Prohibition Against Discrimination Based on Driver’s License for Undocumented Workers

We are half way through 2015. Are you following the employment laws that went into effect January 1, 2015?

 Prohibition Against Discrimination Based on Driver’s License for Undocumented Workers
AB 1600 extends current anti-discrimination and harassment provisions of the FEHA because the individual holds a driver’s license that indicates that he or she is undocumented.  It further prohibits any employer from requiring that an applicant or employee present a driver’s license unless having a driver’s license is a requirement of the job.

Source for Employment notes: New California Employment Laws for 2015 by: Laura K. Sitar, Shareholder at Wroten & Associates.


Mandatory Reporting to OSHA

We are half way through 2015. Are you following the employment laws that went into effect January 1, 2015?

Mandatory Reporting to OSHA
AB 326 amends current law requiring a company to immediately report a severe occupational injury, illness or death to the Division of Occupational Safety and Health Administration (OSHA) by phone or telegraph.  The bill very simply replaces the ability to report by telegraph with email.  An employer who violates the immediate reporting requirement may be assessed a civil penalty of not less than $5,000.  Employers continue to be required to report any occupational injury or illness which results in lost time beyond the date of injury or illness, or which requires medical treatment beyond first aid, within 5 days after the employer learns of the injury or illness.

Source for Employment notes: New California Employment Laws for 2015 by: Laura K. Sitar, Shareholder at Wroten & Associates .

 



CVS to Spend $10.4 in cash on drug distributor Omnicare

[Los Angeles Times, May 21, 2015] CVS Health will spend more than $10 billion to buy pharmacy services provider Omnicare and tap a growing target for prescription drug distribution: care for the elderly. The deal announced Thursday will give one of the nation’s biggest pharmacy benefits managers national reach in dispensing prescription drugs to assisted living and skilled nursing homes, long-term care facilities, hospitals and other health care providers. Omnicare’s long-term care business operates in 47 states and the District of Columbia.


What to Do When a Resident Refuses Transfer or Discharge (30 Day Notice Residential Care)

A thirty-day notice for a residential care facility for the elderly must state the following:

  • The reasons relied upon for the eviction, with specific facts to permit determination of the date, place, witness, and circumstances concerning those reasons.
  • The effective date of the eviction.
  • Information about resources available to assist the resident in identifying alternative housing and care options.
  • Information about the resident’s right to file a complaint with the California Department of Social Services regarding the eviction with the contact information for the nearest community care licensing office and State Ombudsman.
  • The following statement: “In order to evict a resident who remains in the facility after the effective date of the eviction, the residential care facility for the elderly must file an unlawful detainer action in superior court and receive a written judgment signed by the judge.  If the facility pursues the unlawful detainer action, you must be served with a summons and complaint.  You have the right to contest the eviction in writing and through a hearing.”

Source for Discharge Notes: What to Do When a Resident Refuses Transfer or Discharge by: Andrea R. Sitar,  Attorney at Wroten & Associates.