01/04/2021
New Employment Laws Affecting California Employers
Effective January 1, 2021
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Whether you are a sole proprietor, the head of a non-profit organization, a young start-up, or a well-established business with offices statewide, the Law Offices of Douglas M. If you are not sure whether you need a business and employment attorney on your business team, call to schedule a free consultation at our Orange County offices at (714) 453-9144.
New Employment Laws Affecting California Employers
Effective January 1, 2021
New Employment Laws Affecting California Employers - https://mailchi.mp/dd9b73f23308/welcome-1335950
COVID-19 aka SARS-CoV2 aka Coronavirus:
What Employers Can & Should Do
IRS Lowers Standard Mileage Reimbursement Rates
Effective January 1, 2020
The materials contained herein are for informational purposes only and not for the purpose of providing legal advice. For advice about a particular problem or situation, please contact an attorney.
IRS Standard Mileage Reimbursement Rates Decreased. Effective January 1, 2020, the IRS Optional Business Standard Mileage Rate ("OBSMR") will decrease to $0.575 per mile. The OBSMR is used by the IRS to calculate the deductible costs of operating an automobile for business use in lieu of tracking actual costs. Many businesses use the OBSMR as their "go to" rate of reimbursement for its employees who drive their own car or truck for business purposes.
California employers should however be aware that in 2007, the California Supreme Court found that the OBSMR will not automatically be considered “full compensation” for mileage as the OBSMR does not take into account the actual costs incurred by the employee to operate their vehicle. Full compensation is a matter for negotiation between the employee & employer, and must take into account the costs of gas, vehicle maintenance, depreciation and insurance. See Gatusso v. HartHanks Shopper, Inc.
Immediate Action Required: (1) Review your existing policies and forms to confirm that your business engages in a dialogue with each employee to calculate the correct mileage reimbursement rate for each employee. (2) Confirm that personnel and payroll files fully document each employee agreement that either the OBSMR fully compensates him / her for the actual costs of operating his / her vehicle or each employees’ actual costs to operate their vehicle. (3) Ensure that payroll reimbursement records fully document (i) miles driven and date mileage incurred, (ii) per mile reimbursement rate, (iii) date and amount each employee was reimbursed.
To see our January 1, 2020 update on the other seventeen (17) new employment laws affecting California Employers, follow this link:
https://dmwadelaw.com/wp-content/uploads/2019/12/2019-12-30_New_Law_Update.pdf
The materials contained herein are for informational purposes only and not for the purpose of providing legal advice. For advice about a particular problem or situation, please contact an attorney.
If you are not sure whether you need a business and employment attorney on your business team, call to schedule a free consultation at our Orange County offices.
New Employment Laws Effective January 1, 2020 Part 1 of 2 - https://mailchi.mp/0c6ef137db42/new-employment-laws-effective-january-1-2020-part-1-of-2
California Employment Law Update:
Increases To California’s Local Minimum Wages
http://dmwadelaw.com/wp-content/uploads/2016/10/2019-07-08_Local_Minimum_Wage_Update.pdf
New Employment Laws Affecting California Employers - January 2019
New Employment Laws Affecting California Employers - January 2019 -
Employee or Independent Contractor? New “ABC Test” Replaces Multi-Facts Tests (Immediate Action Require)
http://dmwadelaw.com/new-employment-laws-affecting-california-employers-2/
10May2018 New Employment Laws Affecting California Employers admin / 0 Comments / DWL News, Updates Effective April 30, 2018 Download the New Employee Classification Test 1 – Employee or Independent Contractor? New “ABC Test” Replaces Multi-Facts Tests (Immediate Action Require). Effective Apr...
New Employment Laws Affecting California Employers | The Law Offices of Douglas M. Wade
10May2018 New Employment Laws Affecting California Employers admin / 0 Comments / DWL News, Updates Effective April 30, 2018 Download the New Employee Classification Test 1 – Employee or Independent Contractor? New “ABC Test” Replaces Multi-Facts Tests (Immediate Action Require). Effective Apr...
http://dmwadelaw.com/new-employment-laws-affecting-california-employers-2/
10May2018 New Employment Laws Affecting California Employers admin / 0 Comments / DWL News, Updates Effective April 30, 2018 Download the New Employee Classification Test 1 – Employee or Independent Contractor? New “ABC Test” Replaces Multi-Facts Tests (Immediate Action Require). Effective Apr...
http://dmwadelaw.com/new-employment-laws-affecting-california-employers-6-11/
05Jan2018 New Employment Laws Affecting California Employers Items 6-11 admin / 0 Comments / Updates 6 – Employee Reproductive Health Are Now Protected. Effective January 1, 2018, an individual’s right to privacy (Cal. Const. Article I, Sec. 1) includes the right of freedom to make reproductive ...
http://dmwadelaw.com/new-employment-laws-affecting-california-employers-1-5/
04Jan2018 New Employment Laws Affecting California Employers items 1-5 admin / 0 Comments / Updates The materials contained herein are for information purposes only and not for the purpose of providing legal advice. For advice about a particular problem or situation, please contact an attorney. Effe...
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Job Description Maker Using O*Net, the nation’s primary source of occupational information and using the Bureau of Labor Statistics Standard Occupation Classifications, containing over 8,000 occupations, MinuteCreator® creates job descriptions using the most up to date and comprehensive list of job…
https://www.minutecreator.biz/job-description-maker/
A great free tool to create job descriptions. Search, click and download. It's almost magical!
Job Description Maker Using O*Net, the nation’s primary source of occupational information and using the Bureau of Labor Statistics Standard Occupation Classifications, containing over 8,000 occupations, MinuteCreator® creates job descriptions using the most up to date and comprehensive list of job…
http://dmwadelaw.com/new-employment-laws-affecting-california-employers/
25Jul2017 New Employment Laws Affecting California Employers admin / 0 Comments / Updates The materials contained herein are for informational purposes only and not for the purpose of providing legal advice. For advice about a particular problem or situation, please contact an attorney. New Employme...
Doug Wade will speak as part of the Corporation's Committee's panel presentation entitled "Legal Advice for Newly-Formed Companies" on August 19, 2017, at the Convention of State Bar Sections in San Deigo, California.
Yelp Claims Contradictory Rights - The Illusion of More
Yelp and other sites want Section 230 liability shield and free speech protection at the same time, and this can be contradictory in many cases.
Attorney Douglas Wade has been appointed as Co-Chair of the Corporations Committee of the Business Law Section of the State Bar of California.
Wondering what changes to employment laws affect your California business?
http://dmwadelaw.com/update/
Attorney Douglas Wade has been appointed as Co-Vice Chair for Legislation of the Corporations Committee of the Business Law Section of the State Bar of California.
Attorney Douglas Wade has been appointed to the Corporations Committee of the Business Law Section of the State Bar of California. Among other duties, the Corporations Committee advises the legislature on revisions to the laws governing California's corporations.
Timeline photos
EMPLOYER ALERT! ACTION REQUIRED DUE 10-1-2013!
You may not be aware, but if you are an employer you are required to send each employee a "Marketplace Notification" about their access to health insurance via the Health Insurance Exchange.
You are required to send this notice, regardless of the size of your business and you are required to send it even if you do not offer health insurance.
OC BRT member, Doug Wade of Law Office of Douglas M. Wade, A Professional Law Corporation has authored the attached article and has included links to the disclosure requirements as well as model notices that you can fill in and send to your employees.
If you would like a PDF copy of this article e-mailed to you, inbox OC BRT and include your e-mail address.
If you need assistance in drafting the notice, contact Doug Wade or Rob Ward of Efficiency Insurance Solutions, Inc.
Links:
Diclosure Requirements
http://www.dol.gov/ebsa/newsroom/tr11-03r.html
Model Notice For Employers That Offer Health Insurance
http://www.dol.gov/ebsa/pdf/FLSAwithplans.pdf
Model Notice For Employers That Do Not Offer Health Insurance
http://www.dol.gov/ebsa/pdf/FLSAwithoutplans.pdf
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