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Employee Benefits/HR News

2016

  • New Employment Laws for 2017

    Posted on: October 27th, 2016

    Governor Jerry Brown has signed into law almost 900 of the bills passed by California’s extremely progressive Legislature in 2016. This newsletter provides brief summaries of the new employment laws most likely to affect the clients of Holden Law Group. The laws described will be effective January 1, 2017, unless otherwise noted. Full copies of the laws can be viewed by clicking on the links provided. Please contact us if you need further explanation on how a particular bill may […]

  • Minimum Wage–What Was Once Simple, Is No Longer

    Posted on: September 27th, 2016

    Written by Steve Holden, Esq., Holden Law Group

    Many California employers lament the ever increasing complexity of employment regulations. What was once simple is no longer. Nowhere is that more evident than with the minimum wage. While both state and federal minimums have applied since 1938, in recent decades California’s was always higher and the federal rate could be largely ignored. Moreover, the minimum wage rate changed infrequently, and not automatically. Employers could simply set it, and forget it. It is […]

  • Mishandling of Employee Meal & Rest Breaks

    Posted on: February 23rd, 2016

    Authored by: Holden Law Group

    The mishandling of meal and rest breaks continues to be a widespread problem. Despite the massive number of lawsuits and administrative claims over the past 15 years on the subject, many employers still have their heads in the sand. For those who don’t, a large number still fail to account for all the details required to achieve full compliance with the law. Unfortunately, full compliance is the only way to avoid the high cost of meal […]

  • Do An Annual Human Resource Audit

    Posted on: January 23rd, 2016

    Authored by: Holden Law Group

    Each year we all have the opportunity for a fresh start; at least to some degree. If you run an organization with employees, part of the fresh start should be an audit of your personnel policies and practices. You are very likely to find at least one policy or practice that needs correction to avoid violating one of the thousands of employment regulations. Finding it before a disgruntled employee or his plaintiffs’ attorney could save you […]

2015

  • AB 304: The Cure for Paid Sick Leave?

    Posted on: July 23rd, 2015

    Authored by: Adrian Hoppes, Esq., Holden Law Group

    In attempt to address complications employers faced in implementing the new paid sick leave law (officially known as the Healthy Workplaces, Healthy Families Act of 2014 or AB 1522), Governor Brown signed AB 304 on July 13, 2015. AB 304 amends the paid sick leave law and takes effect immediately. We have highlighted the noteworthy changes but encourage employers to read the full bill text.

    Eligibility

    The amendment clarifies that to be eligible for sick […]

  • How to Hire Safe People

    Posted on: April 10th, 2015

    Authored by: Steve Holden, Holden Law Group

    Workplace accidents and injuries are costly. They drive up workers’ compensation insurance premiums and create liability exposure for Cal-OSHA citations and third-party lawsuits. Many organizations devote significant time and money on implementing employee safety programs and conducting safety training to reduce the cost and exposure. But, employers should go one step further and implement practices designed to identify safe workers during the hiring process.

    Precisely which practices you should adopt and how far you go […]

2014

  • Paid Sick Leave for All – An Initial Analysis and Report on AB 1522

    Posted on: November 6th, 2014

    Authored by: Steve Holden, Holden Law Group

    Paid sick leave for everyone! It’s celebration time in California; unless you are an employer. California employers have once again been saddled with the task of understanding and complying with a new and complex employment law. Below you will find an outline of the key elements of the “Healthy Workplaces, Healthy Families Act of 2014.” The outline is designed as a starting point for understanding the new law and how it may impact your […]

  • New Employment Laws in 2015

    Posted on: October 22nd, 2014

    It was a busy year for new employment-related laws and an activist Legislature. Below are brief summaries of the new employment-related laws most likely to affect employers generally. In some cases the new laws are considerably more complex than can be fully discussed in these brief summaries. Future newsletters will likely focus on the new laws of greatest interest to our clients. Unless indicated otherwise, these laws will go into effect January 1, 2015. For a full copy of the […]

  • Hire Smart. Do Background Checks.

    Posted on: August 1st, 2014

    Authored by: Steve Holden, Holden Law Group

    Hiring an employee can cost a fortune. Advertising and headhunter fees can be huge. Even absent such fees, the time invested to review applications and interview candidates is a significant cost. The cost might also materialize with a bad hiring decision. The new employee is unproductive, offends customers, steals from the inventory, etc.

    So, hire smart! Every employer has heard those words of wisdom. But, what does it mean and how is it done? The […]

  • Don’t Forget – California Changes Effective July 1, 2014

    Posted on: May 1st, 2014

    Authored by: Steve Holden, Holden Law Group

    Minimum Wage Increase

    It is no secret that California minimum wage increases to $9.00 per hour.  Keep in mind the change affects more than the base rate for minimum wage employees.  It may have other impact on your payroll, employee classifications and business practices.

    1. Overtime Rate Increase.  Obviously, the minimum wage rate increase will increase the overtime rate for minimum wage earners.  That begs the question of what is the correct overtime rate for non-exempt […]

  • Take a Positive View of Maternity Leaves

    Posted on: February 7th, 2014

    Authored by: Steve Holden, Holden Law Group

    “We just hired her two months ago.  Now she is telling us that she is pregnant and will need three months off for the birth and for bonding with the child.  Didn’t she have to tell us she was pregnant when we interviewed her?  How are we supposed to run a business this way?”  These sentiments of frustration are fairly common for employers in California, particularly those with fewer employees and less frequent encounters […]

  • Retaliation Protection for Employees Expands and New “Unfair Immigration-Related Practices” Created

    Posted on: February 7th, 2014

    Authored by: Steve Holden, Holden Law Group

    AB 263

    The California Legislature passed and the Governor signed more than 25 new employment laws which take effect on January 1st.  They include raising the minimum wage, expanding employee rights to take leaves of absence, new domestic worker overtime rules, and numerous changes to prevailing wage law. While many of these new laws will increase the cost and burden of doing business in California, one may have the […]

2013

  • New Employment Laws. Are you Ready?

    Posted on: October 29th, 2013

    Authored by: Steve Holden, Holden Law Group

    The Governor has signed the last of this year’s legislation. It was a busy year for new employment-related laws and an activist Legislature. Below are brief summaries of the new laws most likely to affect your organization. Unless indicated otherwise, these laws will go into effect January 1, 2014. For a full copy of the new laws, simply follow the links. Holden Law Group is here to support you if you have questions or […]

  • Employee Claims and EPLI Insurance

    Posted on: September 13th, 2013

    Authored by: Steve Holden, Holden Law Group

    Employee claims are an everyday reality for employers in California. Human resource managers in larger organizations are acutely familiar with them. If you own or manage a smaller organization you may have not experienced an employee claim. Count yourself lucky and know that the chances are very good that your good luck will change in the not too distant future.

    Many employers purchase Employment Practices Liability Insurance (EPLI) as a risk management tool to address […]

  • “Multi-Tasking” Managers May Not Be Overtime Exempt

    Posted on: August 10th, 2013

    Authored by: Steve Holden, Holden Law Group

    Lawsuits based upon the misclassification of employees as overtime-exempt have been extremely common in California for the past 10 years. Given the incentives for filing such suits, it’s not surprising that the trend continues. A new case involving an assistant manager working for a major grocery chain provides importance guidance on proper classification and should serve as a reminder for employers to audit any position potentially misclassified.

    The rules on employee classification […]