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DFEH CHARGED SAN DIEGO CREDIT UNION WITH FAILING TO ACCOMMODATE DISABLED EMPLOYEE

TheCalifornia Fair Employment and Housing Act(FEHA) requires employers with five or more on payroll to engage in an“interactive process”with a worker requesting disability-related accommodation. The employer must have timely, good faith and ongoing discussions to explore if and how to reasonably accommodatethe physically or mentally disabled worker’s ability to perform theessential functionsof his or her job. Failure to do so can be a costly error.

E-VERIFY IS BACK FEBRUARY 11, 2019 “CATCH-UP” DEADLINE

The federalE-Verify programprovides a way for employers to confirm that people they are hiring are eligible to work in the United States. Participation in E-Verify is discretionary for most employers, but mandatory for federal contractors and certain others, such as businesses instates requiring its use. California is not one of those states. An employer who opts to use the system must then use it for every new hire.

WHAT’S NEW FOR 2019 CALIFORNIA’S INCREASED PROTECTIONS AGAINST WORKPLACE HARASSMENT

In addition to the safeguards we have recently reported, the California legislature has enacted other significant “Me-Too”-inspired legislation effective January 1, 2019 to further prevent workplace harassment and encourage those targeted to prevail on their claims:

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Continuing to target restaurants and other industries under itsWage Theft Is a Crimeprogram, theDivision of Labor Standards Enforcement (DLSE)has takenaction against the Mango Gardens restaurant chain. In 2015 following a referral from Asian Americans Advancing Justice-Asian Law Caucus, the DLSE and Alameda County District Attorney’s Office (ACDA) began investigating Mango Gardens, with restaurants in Fremont, San Jose, and San Mateo.

WHAT’S NEW FOR 2019 CALIFORNIA’S ZERO TOLERANCE PROTECTIONS AGAINST WORKPLACE HARASSMENT

The #MeToo movement has prompted the California Legislature to expand employer liability for harassment of employees and other specified persons effective January 1, 2019, making it far easier for workers to sue and bring their cases to trial.

WHAT’S NEW FOR 2019 PHYSICIANS & SURGEONS NEW 2019 OVERTIME EXEMPTION RATES

CaliforniaLabor Code section 515.6exempts certain licensed physicians and surgeons from overtime compensation if they receive set minimum hourly compensation. Effective January 1, 2019, theCalifornia Department of Industrial Relationsis increasing the minimum from $79.39 to$82.72per hour, up from $79.39, effective January 1, 2019.

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Two recentCal/OSHAcases underscore the need for effective safety measures, especially in hazardous conditions. Cal/OSHA cited two employers after an employee of each died as the result of a trench collapse.

WHAT’S NEW FOR 2019 IRS MILEAGE RATE INCREASING 3.5 CENTS EFFECTIVE JANUARY 1, 2019

The Internal Revenue Service (IRS) hasannouncedits 2019optional standard mileage reimbursementrate for employee business use of a personal vehicle, effective January 1, 2019, increasing from 54.5 cents to 58 cents.

WHAT’S NEW FOR 2019 COMPUTER SOFTWARE PROFESSIONALS

California Labor Code section 515.5exempts certain computer software professionals from overtime compensation if they receive specified minimum compensation.