2017 employment landmines general

2017
Employment
Landmines
HR SAFETY TRAINING RECRUITING

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2016 Hot Trends – Looking Back
Harassment/Discrimina
tion claims with
EEOC/DFEH
significantly increased
while the EEOC/DFEH
targets retaliation and
ADA issues as a main
focus.
OSHA gets tough on
serious violators.
Reasonable
accommodations in
regards to ADA/
pregnancy issues –
keep that dialogue
open.
Meal & Rest Periods –
Still legal issues!

2016 Hot Trends – Looking Back
Reasonable seating
accommodations – how
they might affect you!
California Sick Leave Law
– Are you doing it right?

Requires employers of 50 or more employees to
complete two hours of interactive Harassment
Training to all Owners, Supervisors, Managers
and Leads every 2 years AND within 6 months of
hire/promotion of an employee to a management
position.
While there is no specific law dealing with
employee level training, the State of California
does require all employers to “take all necessary
steps to prevent workplace harassment” - DFEH
185.
Are you giving each employee their DFEH 185?
Harassment/Discrimination
California AB1825

New FEHA Regulations
50
Fair Employment & Housing Act
Dept of Fair Employment & Housing
C A L I F O R N I A
1959 2009
Effective April 1, 2016, FEHA Amended their
regulations to include
Written Policy Requirements;
New Definitions;
Reasonable Accommodations;
Unpaid Interns and Volunteers;
Sex Discrimination;
Pregnancy;
National Origin;
Religious Discrimination; and
Anti-Bullying Training

Transgendered Workers
The guidance makes clear that
employers must allow transgender
employees access to restroom, shower,
locker room, and other such facilities
that correspond with their gender
identity. It also suggests that providing
individual, or unisex, restrooms, where
possible, can enhance privacy for all
employees.
Under California law, all employees have
the right to use restroom and locker
room facilities that correspond to their
gender identity, regardless of their
assigned sex at birth.

Effective 1/1/2015,
A new law extends workplace
harassment and discrimination
protections under the California Fair
Employment and Housing Act to unpaid
interns, volunteers, and individuals in
apprenticeship training programs.
The new law amends current law to
make it an unlawful employment
practice to discriminate against or to
harass an unpaid intern or volunteer on
the basis of any legally protected
classification unless an exception
applies, such as a bona fide occupational
Harassment/Discrimination

The EEOC and HIV
If a prospective employee or
employees have HIV infection or AIDS,
they have workplace privacy rights,
and are protected
against discrimination and harassme
nt at work because of their condition,
and they may have a legal right to
reasonable accommodations that
can help them to do their job including
but not limited to

The EEOC and HIV
Changes in supervisory methods (e.g., written
instructions from a supervisor who usually does not
provide them);
Accommodations for visual impairments (e.g.,
magnifiers, screen reading software, and qualified
readers);
Ergonomic office furniture;
Unpaid time off (e.g., for treatment or
recuperation);
Permission to work from home, and/or
Reassignment to a vacant position if you can no
longer do your job because of your condition.
1
2
3
4
5
6

A retail store that generally rotated all sales associates between the
sales floor (where they could earn commissions) and the stock room
(where they processed merchandise) except for the sales associate who
was rumored to have HIV, who was never rotated to the floor.
A County tax assessment office that cancelled training opportunities for
an accountant following her disclosure that she had HIV.
A university that fired a physical education instructor after learning that
the instructor’s boyfriend had AIDS.
A restaurant that fired a waitress after learning that the waitress had
HIV.
Employment examples covered by the
EEOC
The EEOC and HIV
1
2
3
4

DHS Proposes Changes to E-Verify Program
As employers continue to enroll
in the E-Verify program at
a high rate, DHS is considering
various changes to this key
program for 2017. Some of
these changes place additional
obligations on the employer. If
you are currently using E-Verify,
please see your HR Ideas
representative for assistance.

Be aware of your surroundings and when
an event may occur;
Have a clear dialogue with employees on
entrance/egress (Think EAP);
Let front desk receptionists know who’s
been terminated;
Is a Restraining Order needed; and
Escort people out with dignity and respect.
Active Shooter Situations

The EEOC and Pregnancy Disability
The Pregnancy Discrimination Act (PDA)
forbids discrimination based on pregnancy
when it comes to any aspect of employment,
including hiring, firing, pay, job assignments,
promotions, layoff, training, fringe benefits,
such as leave and health insurance, and any
other term or condition of employment.
Pregnant employees may have additional
rights under the Family and Medical Leave Act
(FMLA), which is enforced by the U.S.
Department of Labor.
If a woman is temporarily unable to perform
her job due to a medical condition related to
pregnancy or childbirth, the employer or other
covered entity must treat her in the same way
as it treats any other temporarily disabled
employee.

The EEOC and Pregnancy Disability
For example, the employer may have to provide
light duty, alternative assignments, disability
leave, or unpaid leave to pregnant employees if it
does so for other temporarily disabled employees.
It is unlawful to harass a woman because of
pregnancy, childbirth, or a medical condition
related to pregnancy or childbirth. Harassment is
illegal when it is so frequent or severe that it
creates a hostile or offensive work environment or
when it results in an adverse employment decision
(such as the victim being fired or demoted).
Under the PDA, an employer that allows
temporarily disabled employees to take disability
leave or leave without pay, must allow an
employee who is temporarily disabled due to
pregnancy to do the same.

The EEOC & Wellness Programs
New rules were published by the
Equal Employment Opportunity
Commission (EEOC) on May 17,
2016, under the Americans with
Disabilities Act (ADA) for
employers that have instituted
“wellness programs.” Under the
rules, employers must make sure
participation in those programs
is voluntary, and that the
programs are reasonably
designed to promote employee
health.

The EEOC & Retaliation Claims
The Equal Employment Opportunity
Commission (EEOC) is almost ready to
issue its guidance on retaliation claims.
Given the magnitude of these claims,
such guidance is overdue. In fiscal year
2015, the EEOC, the federal watchdog
for employment discrimination statutes,
received 39,757 charges of
discrimination asserting retaliation
claims. This accounted for 44.5% of all
the charges received. With retaliation
claims on the rise and accounting for
almost half of the charges filed, the
EEOC issued proposed enforcement
guidance on retaliation and related
issues on Jan. 21, 2016.
The public comment period ended on
Feb. 24, 2016. It is unclear when the
guidance will take final form. Not
surprisingly, the guidance is incredibly

The EEOC and Reasonable Accommodations
The EEOC recently issued a new “resource document” reiterating
what employers need to know regarding reasonable
accommodations. In this resource document, the EEOC has made
clear that policies that “unlawfully restrict the use of leave as a
reasonable accommodation” would be prohibited by the ADA.

Hiring & Firing
• Have a well written and comprehensive job
description
• An employee application complying with EEOC
requirements.
• Asking a set of same questions to each
interviewee.
• Do a complete interview of references and
document the results.
• Complete a background check including criminal
and DVM.
• Credit checks are limited.
• Criminal background checks are limited.
• Consider doing skills testing. See your HR
Ideas, Inc. representative for a list of skill tests.
• Do not discriminate in any process and retain
records for a minimum of 3 years.
When hiring employees consider

Employee Terminations
When terminating an employee for “Cause”, consider
needing these four forms of documents
When terminating an employee, it is never a good
idea to use “At-Will” as the sole reason behind the
termination. “At-Will” works great when you are
terminating more than one person for a business
reason or business closing.
Handbook/writt
en policies
Evaluation(s)
Disciplinary
action forms
Consider
Protected
Classes and
ADA issues!
Job Description

Minors in the Workplace
Considerations when hiring minors
• Is a work permit needed?
• Can the minor only work
certain hours by law?
• Is the minor restricted from
using any type of
equipment due to OSHA
safety regulations?
• Can you pay them less than
minimum wage?
• Can you pay them less than
other employees?
• What are the statute of
limitations?
• What happens when the
minor starts school?
• Are they going to be driving
– insurance?

Compliance Postings
All employers must post certain compliance
postings that include (most are also
available in Spanish)
• Federal Requirements
• California State Requirements
• City/County Requirements such as
San Francisco, etc. especially in
regards to minimum wages (living
wage)*
• OSHA Safety Postings as
applicable *
• Applicable California Wage Order *
• Proposition 65 *
• OSHA 300A Summary for certain
employers*Not all posters have all the required information
so see HRI for a complete suite of posters to
keep you in compliance including health and
safety postings. Posting marked with an asterisk
(*) are not typically found on your store-bought
or on-line ordered posters.

Active Shooter Situations
1
2
3
4
5
Creating an environment where employees
are comfortable reporting concerns;
Ensuring that reception areas have panic
alarms;
Planning where people can hide, such as a
conference room with good locks and
phones;
Developing a good relationship with local
police; and
Having panic doors where people can get
out of the building easily.

California’s Minimum Wages
• California Minimum Wage went up to
$10.00/hour effective 1/1/2016.
• Current state legislation may raise the
Minimum Wage to $13.00/hour by 2017!
• Besides the state, many California cities
set higher minimum wages for their
jurisdiction.
• Many minimum wage increases will
automatically increase annually based
upon various formulas.
• Many jurisdictions require postings with
fines involved for not properly posting;
• Many have sick leave provisions that go
above and beyond California’s
requirements;
• Some cover other requirements specific
to that jurisdiction
• If an employee has a dispute, some
jurisdictions all for the employee to seek
an attorney.

Impacts of Prop. 64 on California Employers
California
Proposition 64 explicitly allows public and
private employers to enact and enforce
workplace policies pertaining to marijuana.
Proposition 64 explicitly provides it does
not amend, repeal, affect, restrict, or
preempt “the rights and obligations of
public and private employers to maintain a
drug and alcohol free workplace or require
an employer to permit or accommodate the
use, consumption, possession, transfer,
display, transportation sale, or growth of
marijuana in the workplace, or affect the
ability of employers to have policies
prohibiting the use of marijuana by
employees and prospective employees, or
prevent employers from complying with
state or federal law.
Proposition
64

Impacts of Prop. 64 on California Employers
Under the Controlled Substances Act,
Marijuana remains a Schedule I drug (a
designation for controlled substances prone
to abuse and psychological/physical
dependence). Hence, employers can still
rely on federal law to refuse to hire
applicants who tested positive for marijuana
use. In the meantime, employers should
review their drug policies with their HRI
Representative to ensure that potential
applicants and employees clearly
understand the expectations on marijuana
use. Proposition 64 is not expected to affect
an employer’s workplace drug policies.
Proposition 64’s primary component is the
decriminalization of recreational marijuana
use, not banning or restricting an
employer’s ability to regulate marijuana
usage in the workplace
California
Proposition
64

New Federal Overtime Regulations
On May 18, the U.S. Department of Labor’s Wage and Hour Division released
the new final overtime rule. The new minimum salary level for the executive,
administrative, and professional employee exemptions under the Fair Labor
Standards Act will be $913 per week, or $47,476 per year, under final
regulations. This new salary threshold, which will become effective on
December 1, 2016, more than doubles the current minimum salary level of
$455 per week, or $23,660 per year and will have a dramatic impact on
employers.

How to Properly Calculate Overtime
Another challenge for employers is
properly calculating the overtime rate
for non-exempt employees. Many
employers mistakenly pay overtime at
time and half or double the
employee’s base hourly rate, without
taking into account other forms of
compensation, such as multiple pay
rates, shift differentials, commissions,
and production bonuses. In fact, these
and other forms of non-discretionary
compensation received during the
workweek must be included in the
“regular rate” of pay used to calculate
overtime.

Alcohol-Related Workplace Injuries Recordable
Employers are not exempt from the
Occupational Safety and Health
Administration’s reporting rule for on-
the-job injuries linked to alcohol
intoxication even though the injured
employee’s consumption of alcoholic
beverages took place off the job. In
general, OSHA mandates employers
to record any workplace injury that
requires treatment beyond first aid.
However, OSHA’s regulation states,
“You are not required to record
injuries and illnesses if the injury or
illness is solely the result of personal
grooming, self-medication for a non-
work-related condition, or is
intentionally self-inflicted.”

Warehouse and Outdoor Employees
Employers with
Warehouse and Outdoor
Employees now have no
limits on temperatures but
more bases on
physiological factors.
At risk individuals include
outdoor workers and
workers in hot
environments, such as
firefighters, bakery
employees, farmers,
construction workers,
miners, boiler room
workers, and factory

Exposure to Sand (Respirable Crystalline)
If you are an employer who uses
sand in their business, Cal OSHA
now has an updated standard.
The standard requires employers to
limit worker exposures to
respirable crystalline silica and to
take other steps to protect
workers. The standard provides
flexible alternatives, especially
useful for small employers.
Employers can either use a control
method or they can measure
workers’ exposure to silica and
independently decide which dust
controls work best to limit
exposures to the PEL in their

Combustible Dust in the Workplace
Fire Triangle Explosion
Pentagon
How do dust explosion occur?
When fuel (combustible dust) is dispersed and
confined in an enclosed space or building,
ignition can result in an explosion
FUELFUEL
OSHA has issued a new Fact
Sheet for Combustible Dust
Explosion Hazards
Although OSHA has not yet issued
a regulation specifically
addressing combustible dust
issues, it has and will continue to
cite employers under a variety of
other OSHA regulations and the
General Duty Clause for violations
related to combustible dust
hazards.

Combustible Dust in the Workplace
The Fact Sheet can be found at:
The standards under which OSHA may attempt to
cite an employer can be found at:
https://www.osha.gov/dsg/combustibledust/standar
ds.html
The new Fact Sheet is a good
reminder to consider whether
your facility or worksite may have
combustible dust hazards.
https://www.osha.gov/Publications/OSHA3878.pdf

Protecting Temporary Agency Employees
Temporary agency employees
work for a “host employer” but
are on the payroll of a “primary
employer.” A primary employer
can be either
A temporary (temp)
agency that hires workers
and sends them to work
for a host employer, or
1 2
A professional employer
organization (PEO) that
puts a host employer’s
employees on the PEO’s
payroll as its own
employees.

In these dual-employer situations, both the
primary employer and the host employer must
protect employees from safety and health hazards
and comply with Cal OSHA regulations. The
primary employer issues the employee’s paycheck,
administers workers’ compensation insurance, and
may maintain hiring and firing authority. The host
employer (also called the “secondary employer”)
contracts for the worker’s services and supervises
the employee at the host employer’s worksite

OSHA Enforcement on Staffing Agencies
OSHA recently levied some hefty fines against host employers
and staffing agencies in both Texas and Alabama. In Alabama,
an auto part manufacturer was found to have exposed
permanent and temporary workers to a variety of risks that were
uncovered by OSHA. Not only was the auto part manufacturer
cited, but so was its staffing firm.

Both companies face $106,020 in penalties for 11 safety
violations. More particularly, staffing company was issued
two serious citations for failing to train employees and
for failing to protect them from crushing and amputation

In Texas, an oil and gas equipment
manufacturer, and its staffing company,
were cited for a combined 34 safety
violations with a proposed penalty of
$120,800. The violations were
uncovered following a complaint-
initiated inspection. The manufacturer
was cited for 23 serious violations and
staffing agency was cited for failing to
ensure protective railing were installed
on loading docks, failing to ensure
employees received proper fire training
and using welders in confined spaced,
and proper hazard communication
training. The staffing agency faces

OSHA’s Anti-Retaliation Rule in Effect
In May, 2016, OSHA announced a final rule changing the way it collects, and
employers report, workplace injury and illness data. Under these new regulations,
covered employers will be required to submit injury and illness data to OSHA
electronically, and some of this data will be made publicly available on the OSHA
website. OSHA has explained that its intention in making this data publicly available is
to “nudge” employers to increase a safety focus.

OSHA’s Anti-Retaliation Rule in Effect
The new OSHA rule also contains an anti-retaliation provision, which prohibits
employers from retaliating against employees for reporting work-related injuries or
illnesses. This provision requires employers to inform employees of their right to
report workplace injuries and illnesses free from retaliation, which can be done by
posting the OSHA Job Safety and Health – It’s the Law poster from April 2015 or later
(www.osha.gov/Publications/poster.html). Finally, the rule requires that an employer’s
procedure for reporting work-related injuries and illnesses must be reasonable and
must not discourage employees from reporting.

Temporary Service Employees’ Wages
with certain exceptions, makes
California’s weekly pay requirement
applicable to a security guard employed
by a private patrol operator who is a
temporary services employer. The new
law took effect July 22, 2016, as an
urgency statute.
AB 1311

Wage Statements
provides that itemized wage statements
required under current law need not show
total hours worked for specified exempt
employees for whom employers do not
have to track hours.
Amends Labor Code section 226.
AB 2535

Both the primary employer and host
employer must follow all applicable
California labor laws and Cal/OSHA
standards.
Primary employers, like other employers
in California, must have a written,
effective, and fully implemented Injury
and Illness Prevention Program (IIPP)
that protects employees, Chemical
Hazards Communication Program, and
an Emergency Action Plan. Other plans
may also be required.

Cal OSHA 2016-2017 High Hazard List
If you are on this list, you can expect to pay a “tax”
and a visit from Cal OSHA during this 2016-2017
time period
Residential Building
Construction
23611
Framing
Contractors
23813
Masonry
Contractors
23814
Hotels and
Motels
72111
Nursing and
Residential Care
Facilities
623
Landscaping
Services
56173

DOL's Focus on Franchising
In 2016, the Federal DOL and the National
Labor Relations Board (NLRB) have issued
expansive interpretations of joint
employment and made it an enforcement
priority to hold controlling companies liable
for their intermediaries' violations of labor
and employment laws.

FLSA Settlements
There have been a number of recent FLSA settlements that illustrate the
ongoing vigorous enforcement by the DOL and the plaintiffs' bar, among
them
A federal district court
gave preliminary approval to a $2.5
million settlement of a lawsuit
alleging Groupon misclassified more
than 2,000 of its sales
representatives as exempt from
overtime;
1
Two Massachusetts companies
were ordered to pay $2.4 million in
back pay to 478 workers, most of
whom were intentionally
misclassified as independent
contractors; and
2
A company called Restaurant
Associates and its subcontractor will
pay more than $1 million in back
wages to workers in the US Senate
cafeterias for failing to pay prevailing
wages required of federal contractors
and for FLSA violations.
3

FLSA Settlements
1
2
3There have been a number of recent
FLSA settlements that illustrate the
ongoing vigorous enforcement by the
DOL and the plaintiffs' bar, among them
A federal district court gave preliminary
approval to a $2.5 million settlement of a
lawsuit alleging Groupon misclassified more
than 2,000 of its sales representatives as
exempt from overtime;
Two Massachusetts companies were ordered
to pay $2.4 million in back pay to 478
workers, most of whom were intentionally
misclassified as independent contractors; and
A company called Restaurant Associates and
its subcontractor will pay more than $1
million in back wages to workers in the US
Senate cafeterias for failing to pay prevailing
wages required of federal contractors and for
FLSA violations.

Report a Workplace Accident
Employers must immediately report
within 8 hours to Cal OSHA any work-
related death or serious injury or
illness. Employers are encouraged to do
so by telephone, 24 hours a day, 7 days
a week.
http://www.dir.ca.gov/dosh/report-accident-or-injury.html
Cal OSHA makes it easy! See Cal OSHA link
at:

Local Wage Investigation Subpoenas
specifies that a legislative
body of a city or county
may delegate that body’s
authority to issue
subpoenas and to report
noncompliance thereof to
the judge of the superior
court of the county, a
county or city official, or a
department head, and to
enforce any local law or
ordinance, including local
wage laws.
SB
1342

Income Tax Credit Notice – 2017
For several years, California
employers have been required
to notify employees regarding
the federal Earned Income Tax
Credit. Beginning January 1,
2017, new California law (AB
1847) requires those same
employers to also notify
employees that they may be
eligible for the California Earned
Income Tax Credit (“EITC”).

The new law states that an employer
must notify all employees that they
may be eligible for the federal and
the California EITC within one week
(before or after) or at the same time
that the employer provides an annual
wage summary, including, but not
limited to, a Form W-2 or a Form
1099, to any employee.

California employers should consider using the language
on the availability of the federal and the California EITC
specified in the new law in their notice to employees

Cal OSHA & Workplace Violence in Healthcare
On October 21, 2016, the
California Occupational
Safety and Health
Standards Board
(Standards Board)
unanimously passed a new
General Industry Safety
Order entitled “Workplace
Violence Prevention in
Health Care”.

Although Senate Bill 1299 only required
a standard for hospitals, the Standards
Board went further and the standard
applies to any “health facility,” which is
defined very broadly to mean “any
facility, place, or building that is
organized, maintained, and operated for
the diagnosis, care, prevention, or
treatment of human illness, physical or
mental.

including convalescence and
rehabilitation and including
care during and after
pregnancy, or for any one or
more of these purposes, for
one or more persons, to
which the persons are
admitted for a 24-hour stay
or longer.

The Standard also applies to
home health care and home-
based hospices, emergency
medical services and medical
transports, drug treatment
programs and outpatient
medical services to those
incarcerated in correctional and
detention settings. The
Standard will not apply to
certain state-run health
facilities.

The standard
will require a:Staffing Security system
Incident log Training
Plan Annual review
Your EAP must deal
with the emergency!

Cal OSHA Amends Definition of Repeat Violation
Effective January 1, 2017, Cal/OSHA
will be utilizing a broader definition of
“Repeat” violation under California’s
Health and Safety Code. This is
significant for California employers
because if Cal/OSHA finds a Repeat
violation, the employer could initially be
subject to a penalty of up to $70,000,
and up to $124,709 or more when
Cal/OSHA updates its penalties as
required by federal OSHA.
Repeat violation
$70,000
and up to
$124,709
Penalty

Cal OSHA & Compressors
Cal OSHA requires a permit if you have boilers (any fired or unfired pressure vessel
used to generate steam pressure by the application of heat), and tanks (any fired or
unfired pressure vessel used for the storage of air pressure or liquefied petroleum
gases).Permits are required for air tanks, LPG propane storage tanks over 125 gallons,
and high pressure boilers over 15 psig steam. Permit exceptions depend on vessel
capacity and operating pressures.

Cal OSHA & Compressors
In some cases, physical inspections to
compressors have to be made prior to
Cal OSHA issuing the permit.
http://www.dir.ca.gov/dosh/pressure.html
You can find the information at this link:

How Safe are Retail Sales Businesses?
Allowing access to electrical disconnect switches to be blocked with metal
racks, boxes and a ladder.1 Exposing workers to electric shock hazards by using flexible cable
instead of fixed wiring.2 Exposing employees to fire hazards due to exit routes not being clearly
marked.3
Improper housekeeping in the receiving and storage areas.
4
Allowing exit doors to be locked with a padlock.
5

How Safe are Retail Sales Businesses?
Not ensuring exit routes are kept free and unobstructed.
6 Exposing workers to electric shock hazards due damaged or ungrounded
extension cords.7
Improper use of ladders and lack of ladder safety training.
8
Improper use of forklifts and lack of forklift certifications.
9
Improper loading of shelving.
10

Cash in Lieu of Benefits
Employers that provide cash
payments to employees who have
health care coverage through a
spouse or other means must be
their employees an overtime rate
that includes those cash payments,
so says the 9th Circuit Court.
The regular rate of pay must
include not just wages but also
other forms of compensation, such
as commissions, most bonuses,
company cars and corporate
housing.

EDD E-Filing Paperwork
Beginning January 1, 2017, employers
with 10 or more employees will be
required to electronically submit
employment tax returns, wage reports,
and payroll tax deposits to the
Employment Development Department
(EDD).
This requirement will expand to all
employers beginning January 1, 2018.
http://www.edd.ca.gov/Payroll_Taxes/E-
file_and_E-pay_Mandate_for_Employers.htm

Immigration Penalties Adjusted for Inflation
Effective August 1, 2016, For I-9 paperwork violations, the
current civil penalty range—from a minimum penalty
amount of $110 to a maximum penalty amount of $1,100—
will increase to a penalty range of between $216 and
$2,156. For unlawful hires, the current civil penalties,
which can be assessed in amounts ranging as high as
$16,000 for each unauthorized worker, will increase to a
maximum penalty of $21,563 for each unauthorized
worker.

Immigration Penalties Adjusted for Inflation
More specifically, the new penalties for first offenses involving
unlawful hires will increase in a range from a minimum penalty
amount of $539 to a maximum penalty amount of $4,313 for
each unauthorized worker; the penalty amounts for second
offenses will top out at $10,871 for each unauthorized worker;
and third or subsequent offenses will be subject to penalty
assessments in amounts as high as $21,563 for each
unauthorized worker.

Suitable Seating
Further, employers should note that
unfairly disciplining or terminating a
worker who requests suitable
seating may violate other state and
federal laws such as the Americans
with Disabilities Act, which may lead
to further penalties.

New I-9 Coming Seating
US Immigration has published the
new I-9 Form.
By Jan. 22, 2017, employers must
use only the new version, dated
08/31/2019.
Until then, they can continue to use
the version dated 03/08/2013 or the
new version.
The new I-9 is available from HRI or
on-line.

California Expands I-9 Controls
An amendment to California law expands state
prohibitions against “unfair immigration-related
practices” related to the hiring of foreign
nationals. SB 1001 goes into effective on
January 1, 2017.
The law expands enforcement by creating a
new state remedy. Under the new law,
aggrieved individuals can file a complaint with
the California Labor Commission’s Office, which
can penalize employers up to $10,000 per
violation.

According to the preamble of the
bill, it is “unlawful for an
employer to request more or
different documents than are
required under federal law, to
refuse to honor documents
tendered that on their face
reasonably appear to be genuine,
to refuse to honor documents or
work authorization based upon
the specific status or term of
status that accompanies the
authorization to work, or to
reinvestigate or re-verify an
incumbent employee’s
authorization to work, as

1
2
3
4
5
Demanding to see a worker’s
U.S. passport;
Asking for an Employment Authorization
Document when the worker has already shown a
state ID and “unrestricted” Social Security card;
Refusing to accept an EAD because it contains a
future expiration date;
Asking to re-verify work documents of an
employee who presented a Green Card at the
point of hire; and
Demanding to see an employee’s renewed
driver’s license because the previous license
used for the I-9 expired.

Higher Penalties for Unauthorized Workers
Under the interim final rule,
the minimum penalty for a first
offense of knowingly employing
an unauthorized worker will
increase from $375 to $539
per worker, and the maximum
penalty will increase from
$3,200 to $4,313 per worker.
The largest increase raises the
maximum civil penalty for
multiple violations from
$16,000 to $21,563 per
worker.
$375
$3,200
$16,000
$539
$4,313
$21,563
$0.00
$5,000.00
$10,000.00
$15,000.00
$20,000.00
$25,000.00
$30,000.00
minimum
first offense
penalty
maximum
first offense
penalty
maximum
Multiple violations
penalty

Higher Penalties for Unauthorized Workers
Paperwork violations can now
be assessed a maximum
penalty of $2,156 per relevant
individual, up from $1,100.
Finally, for unfair immigration-
related employment practices,
the maximum penalty
increases from $3,200 to
$3,563 per person
discriminated against.

Effective August 1, 2016, OSHA fines are as
follows:
Type of Violation Previous Fine New Maximum Fine
Serious
Other-Than-Serious
Posting Requirements
$7,000 per violation $12,471 per violation
Failure to Abate
$7,000 per day beyond the
abatement date
$12,471 per day beyond the
abatement date
Willful or Repeated $70,000 per violation $124,709 per violation

Effective August 1, 2016, OSHA fines are as
follows:
The law will go into effect on January 1, 2017 for
employers with 50 or more employees. The law
requires private employers to provide supplemental
compensation to employees who use California paid
family leave (PFL) benefits for new child bonding. The
amendments both respond to changes the California
Legislature made to the PFL benefits program and
attempt to clarify an employer’s PPLO supplemental
compensation obligations…

San Francisco Paid Parental Leave Law
For California PFL claims
beginning on or after January 1,
2016, the maximum weekly state
benefit is $1,129 (55% of weekly
wages for an employee with an
annual salary of $106,647.32).
For claims beginning on or after
January 1, 2018, the maximum
weekly benefit increases to either
60% of weekly wages for higher-
income workers or 70% of weekly
wages for lower-income
workers…

The amendments to the PPLO acknowledge that these
PFL changes will eventually decrease PPLO
supplemental compensation obligations…

Pre-amendments, reducing a covered
employee’s wages within 90 days of the
employee's requesting or applying for
California PFL created a rebuttable
presumption that the decrease was made
to reduce an employer’s PPLO
supplemental compensation obligation. As
amended, the presumption applies within
90 days of an employee's notifying an
employer of the employee’s intent to
apply for and/or use California PFL.

San Jose & Low Income Workers
San Jose voters have approved an
ordinance, which is intended to
provide part-time, low-income
workers with more job opportunities
that will help them increase their
earnings and access benefits. Under
the new ordinance, before certain
employers may hire new part-time or
temporary workers, they will be
required to offer additional hours of
work to current part-timers who they
believe have the skills and experience
to do the work

The measure, which is the first of its
kind at the federal, state and
municipal levels, requires employers
to use a transparent and
nondiscriminatory process to
distribute any additional hours to
existing employees. However,
employers will not be required to offer
additional work hours to existing
employees if doing so would entitle
those employees to overtime pay or
some other premium pay rate by law
or under a collective bargaining

An employer is required to comply with
the ordinance if it exercises direct or
indirect control over employees' wages,
hours or working conditions and is
either:
• Subject to the San Jose business
tax; or
• Operates a business in the city that
is exempt from the tax under
California law (e.g., banks,
insurance companies, certain
nonprofits).

Employers with 35 or fewer employees are
exempt from the measure's requirements. In
calculating the number of employees for
coverage purposes, employers must include
those who have worked for them for at least
two hours or are entitled to be paid
the California minimum wage.
The Ordinance can be found here:
Opportunity to Work ordinance

Seattle’s Predictable Scheduling Ordinance
The City of Seattle has passed a bill
requiring certain large employers
operating within Seattle city limits to
give their hourly workers advance
notice of their schedules and to pay
workers extra for being required to
work on call. The Secure Scheduling
Ordinance bill will go into effect on
July 1, 2017.

The Ordinance applies to:
2 31
Retail establishments with at
least 500 employees
worldwide;
Food service establishments that
employ at least 500 employees
worldwide;
“Full-service restaurants” with
500 or more employees and at
least 40 establishments
worldwide.

The Ordinance applies to the
wages, hours, and scheduling of
non-exempt employees who work
at least 50 percent of their work
hours inside the Seattle city limits
at a fixed point of sale location….
50%

Unionized workforces with a bona
fide collective bargaining
agreement are excepted from the
Ordinance, so long as the
requirements of the law are
“expressly waived in the
collective bargaining agreement,
or in an addendum to an existing
agreement,” and the employees
“ratif[y] an alternative structure
for secure scheduling that meets
the public policy goals” of the
law.

A Copy of this Presentation
Clients:
Email to info@hrideas.com . Please
enter on the subject line that you
would like a copy of the 2017 Labor
Landmines.
Non-clients:
Email to dbach@hrideas.com . Please
enter on the subject line that you
would like a copy of the 2017 Labor
Landmines.
Copies of this presentation will be sent
out on pdf format only.

Questions
If you are an HRI Client, you may also contact your HRI Representative at
925-556-4404
Due to the number of attendees, all attendees have been muted.
If you should have any questions, please direct them to
info@hrideas.com.
Please make sure you mention this webinar date and which company you represent. Also
include your phone number as we may want to contact you for a more complete answer
or question clarification.

Upcoming Webinars for 2017
• Ladder Safety Training
• Dressing/Uniforms in the
Workplace & the EEOC/NLRB
• Complying with Cal OSHA’s
Outdoor and New Indoor
Heat Stress Laws
• Minors in the Workplace
• Understanding Cal OSHA
Chemical Hazards
Communication “Global
Harmonized System”
We have a full suit of mostly
free 1 hour webinars for 2017
all lined up including:

About HR Ideas
It has been our pleasure to be of service to
you today. As a human resource services
provider, HRI is dedicated to helping
businesses of all sizes protect their
profitability by effectively managing and
reducing the liability and exposure inherent
in day-to-day operations. Whether you’re
looking to outsource all of your Human
Resource functions or supplement your
existing HR staff, HRI provides a
comprehensive menu of consulting services,
including on- and off-site support,
compliance auditing, employee retention,
employee communications, safety solutions,
and more!
Thanks so much for your time. Please don’t
hesitate to contact us if we can be of

2017 employment landmines general

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