5 New 2019 California Employment Laws Every Business Owner Should know

By Jessica Suotmaa 0

California will implement many new regulations in the coming year. As a small business owner, it’s important to remain up-to-date with new legislation so that you can ensure your business is in compliance with State regulations. As employment defense attorneys, we encourage businesses to take preventative action before they’re sued by their employees. Here’s five ways you can avoid an employment related lawsuit in 2019:

1. Is he/she an Independent Contractor or an Employee?

The ABC test for determining whether your independent contractor is truly an independent contractor or actually an employee was already implemented in April this year (2018).  The California Supreme Court ruled on the subject in its decision on Dynamex Operations West, Inc. v. Superior Court. Since then, to determine whether your worker is an independent contractor or employee, you should ask yourself the following:

A – Is the worker free from your control and direction?

B – Does the worker’s performance take place outside your company’s usual scope?

C – Does the worker primarily function in an external, independent business or trade?

The answer to all three questions should be “yes”, if not, you cannot issue a 1099 for their work. This means many existing 1099 workers, such as freelancers and contractors, can no longer be considered independent contractors.  Also, if you are self-employed and using a 1099, you may need to administer the ABC test on yourself.

Read more on Forbes’ An End of an Era? How the ABC test could affect your use of independent contractors

2. Do I have to pay the $11 or $12 state Minimum Wage?

In 2016 California passed a legislation raising the state minimum wage to $11 an hour for those working in small businesses with fewer than 25 employees.  For businesses with more than 25 employees, the minimum wage is $12 an hour.

3. What about agricultural workers has changed?

Employers of agricultural workers with more than 26 workers will see changes in overtime policy.  Where the current law requires agricultural workers to be paid time and a half after ten hours of work in a day, or sixty hours in a week, the new law reduces the threshold.  In 2019, an agricultural worker working over 9.5 hours in a day, or 55 hours in a week, will be entitled to time and a half.

But what if you don’t have 25-26 agricultural employees? What if you have 10? The law does not go into effect for you until 2022.

4. Do I have to accommodate breastfeeding mothers?

Yes, yes you do.  Federal law requires employers to accommodate lactating mothers by providing them time and place to expunge breast milk, but it did not specify what type of room. As a result, many mothers were required to pump in a restroom, or even take their infant into a restroom with them.  New law, called lactation accommodation, requires employers to provide nursing mothers with a private room that does not have a toilet stall.

5. What about the #metoo movement and Workplace Sexual Harassment?

Sexual Harassment training used to only be required of companies with over 50 employees, but starting in 2019, even small businesses with as few as five employees will be required to provide sexual harassment education.  The new law mandates that, within two years, supervisory staff should have a minimum of two hours of sexual harassment training while non-supervisory staff should have one hour of sexual harassment training.

 

 

Source: https://www.northbaybusinessjournal.com/northbay/sonomacounty/8947388-181/california-employment-law-2019

5 Reasons Why It's Already Too Late to File Your H1b Petition

By Jessica Suotmaa 0

While Spring marks the busy federal and state tax season for CPAs and Tax preparers, H1B is the busy season for immigration law firms. The difference is that “File your taxes with us!” ads don’t start coming out till February-March when companies big and small begin aggressively marketing their clever tax preparation services; yet by March law firms have already begun their H1B preparations. So if you haven’t finished negotiations with your company and you haven’t retained a lawyer yet, it may be too late for you. Here’s why:

1. Are you ready to file on April 3rd, 2018?

H1B petitions are not accepted before April 3rd, but they may not be accepted after April 3rd either, since the USCIS annual quota (85,000) can potentially be reached the same day. Last year, and in the last three years, the H1B cap was reached by April 7th, less than a week since accepting petitions on April 2nd. Therefore, it is crucial that attorneys prepare H1B petitions promptly and file on April 3rd, 2018.

2. Do you want an attorney to prepare/review/file your petition?

Some of you may think this means you have plenty of time left.  After all, many of you complete your own paperwork at home and believe it is sufficient. However, keep in mind that finding a last minute attorney, or providing all your documentations last minute to an attorney is ill-advised given that you are not an attorney’s only client. Like with any law firm, attorneys have a roster of clients and cases they are working on and have to plan and manage their time wisely to meet all deadlines. When you spring your case on them last minute, if they are even willing to accept your case, they will charge you for the sacrifices they must make to meet your deadlines.

3. Did you already receive your DOL certification?

In addition, while it typically only takes a week to obtain a labor certification (LCA) from the Department of Labor (DOL), the processing times increase with the number of pending applications, often doubling or even tripling wait times. Generally, attorneys expect to have the LCA filed by mid-March, if not earlier.

4. Does your company have all the documents requested on hand?

Finally, the employer’s company organization, HR, and overall preparedness play a large part in the H1B preparation process, given that many of the required documents need to be prepared (a certain way) by the employer.  The H1B recipient usually has very little control of what has already been prepared and if not ready, then when the required documents can be provided. Hence, the necessity to begin the process as early as January.

5. Did you know USCIS no longer accepts premium processing?

Be careful in submitting your H1B petitions as USCIS will reject your petition if filed or paid for incorrectly.  USCIS has suspended premium processing (I-907). Any petition filed with a combined check payment for regular and premium processing will be rejected.