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EMPLOYERS MUST LET GO

According to California’sDivision of Labor Standards Enforcement, employees are entitled to a “net” ten-minute paid rest break for every four hours worked, or major fraction thereof (i.e., anything more than two hours of work). “Net” here means the rest period begins as soon as the employee arrives at an appropriate rest area away from the work station.

BANNING WEED IN THE WORKPLACE

Effective January 1, 2018, California’s “Adult Use of Marijuana Act” (AUMA) (California Health and Safety Code [HSC] sections 11357-11362.9) permits adults 21 years of age or older to possess and use marijuana for recreational purposes.

WHAT’S NEW FOR 2018 CONTRACTORS LIABLE FOR WAGES AND BENEFITS IF SUBCONTRACTORS DON’T PAY THEIR EMPLOYESS

UnderA.B. 1701(the Act), effective January 1, 2018, a “direct contractor” engaged in “the erection, construction, alteration, or repair of a building, structure, or other private work” becomes liable for all wages and benefits that any subcontractor at any level on that job fails to pay its workers. “Direct contractor” is defined inCivil Code 8018as “a contractor who has a direct contractual relationship with an owner.”

WHAT’S NEW FOR 2018 CALIFORNIA MINIMUM WAGE RATES FOR 2018

California minimum wage will increase to $11.00 per hour on January 1, 2018 for employerswith 26 or more employees and $10.50 for smaller employers with 25 employees or less. Those rates will continue to increase annually until reaching $15 per hour in 2022 for larger employers and in 2023 for those with 25 or fewer employees. SeeCalifornia’s Gradual Increases in Minimum Wage, to Reach $15.00 Per Hour by January 1, 2022(April, 2016).

WHAT’S NEW FOR 2018 IRS INCREASES MILEAGE RATE BY 1 CENT EFFECTIVE JANUARY 1, 2018

In a December 14, 2017press release, the Internal Revenue Service (IRS) announced an increase for 2018 in itsoptional standard mileage reimbursementrates for employee business use of a personal vehicle from 53.5 to 54.5 cents.

WHAT’S NEW FOR 2018 CALIFORNIA READY TO ENFORCE GREATLY EXPANDED WORKPLACE LAWS

The 2018 changes in California employment law are numerous. Compliance with these from January 1 on will of course reduce the prospect of related claims or lawsuits.

SPEAKING OUT AGAINST SEXUAL HARASSMENT

Sexual harassment has been unequivocally unlawful, in theory, for over three decades. With the rising flood in recent months of high-profile terminations and resignations stemming from such inexcusable violations, 2017 hopefully marks the make-break point where the law will at last widely apply in practice.

WHAT’S NEW FOR 2018 CALIFORNIA’S “NEW PARENT LEAVE ACT” IMPACTS SMALL BUSINESS

Effective January 1, 2018, California’s “New Parent Leave Act” (the Act) requires all private employers with 20 or more on payroll to provide eligible workers with up to 12 weeks of unpaid job-protected parental leave to bond with a new child within one year of birth, adoption, or foster care placement (parental leave).

CAUTIONARY TALES EPISODE 7

Continuing her public campaign for employers to adhere to California wage and hour laws, Labor Commissioner Julie Su hasannounced a judgmentin favor of two live-in workers for wages, overtime, and meal breaks against Alexen Corporation, which runs facilities in San Lorenzo and Antioch for developmentally disabled adults.