Under the California Fair Employment and Housing Act’s (FEHA) Pregnancy Disability Leave Law (PDL), California employers with at least five employees must provide unpaid leave to an employee who is disabled due to pregnancy, childbirth, or a related medical condition. FEHA also requires employers to give employees notice of their rights and obligations.

California’s Department of Fair Employment and Housing (DFEH) recently revised its FEHA regulations (the Regulations). Effective April 1, 2016, the Regulations require all California employers with at least five employees to post a new pregnancy disability leave notice, “Your Rights and Obligations as a Pregnant Employee” (New Notice).

In addition to eliminating existing Pregnancy Disability Notices “A” and “B,” the New Notice specifies:

Health Care Coverage During PDL: Currently, the employer must continue providing health group coverage to the employee on pregnancy disability leave. The New Notice further provides that such coverage must remain at the same level and under the same conditions during the leave.

Notification Requirements: To receive a reasonable accommodation, obtain a transfer to another job position or take pregnancy disability leave, the pregnant employee must provide advance notice to her employer. The New Notice requires that the employee provide such notice at least 30 days in advance of a foreseeable event (e.g., the expected birth of a child or planned medical treatment). For unforeseeable events, the employee must provide written or verbal notice as soon as practicable. If an employee fails to comply, the employer may defer the requested leave until the employee provides proper notice.

Additional Rights Under California Family Rights Act (CFRA) Leave: For California employers with 50 or more employees, certain eligible employees may also be entitled to unpaid CFRA leave for the birth, adoption, or for foster care placement of the child or for the employee’s or specified family member(s)’ serious health condition(s). The New Notice includes a CFRA rights summary and specifies that according to applicable law “employees may choose or employers may require use of accrued paid leave while taking CFRA leave.”

Employers should purchase an updated California and Federal Employment Notices Poster from the California Chamber of Commerce or other qualified vendor and be prepared to implement the new pregnancy disability leave regulations by the April 1 deadline.

For more information, please contact one of our attorneys, Timothy Bowles, Cindy Bamforth or Helena Kobrin.

Law Offices of Timothy Bowles
March 29, 2016

California employers must of course comply with all laws applicable to payment of minimum wage and overtime. See, for example: Be Prepared for Statewide and Local Minimum Wage Increases and Working Overtime in California.

Businesses are also required to accurately specify wage-related information on each pay stub for each worker in each pay period. Up until July 1, 2015, California required nine possible items. Since that time, the requirements have expanded to up to 16 items in some cases.

A. The First Nine Required Pay Stub Items: As we reported in “Pay” By The Rules: California Pay Stub Requirements, the first nine items are:

(1) Gross wages earned;
(2) Total hours worked (except salaried exempt employees);
(3) Piece rate units and rate, if applicable;
(4) All deductions, including taxes, disability insurance, and health and welfare payments (deductions ordered by the employee may be aggregated and shown as one item);
(5) Net wages earned;
(6) The inclusive dates of the pay period;
(7) The name of the employee along with his or her social security number (last four digits only) or an employee identification number;
(8) The name and address of the legal employing entity; and
(9) All applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each hourly rate by the employee.

B. Required Listing of Employee’s Paid Sick Days Benefit: As we reported in California Paid Sick Leave Law, most employers in this state have also been required since July, 2015 to include:

(10) Written notice of the amount of available paid sick leave on the employee’s pay stub or a separate writing provided with the employee’s payment of wages.

Under revised Labor Code 246(h), an employer who provides unlimited sick leave to its employees (no maximum cap) may now meet this notice requirement by indicating “unlimited” [sick leave] on the employee’s itemized wage statement or in a separate writing provided on each designated pay date.

Further Required Paystub Listing of Rest and Recovery Pay for Certain Employers: As we recently reported in Piece Work Compensation Is a Wreck Waiting to Happen, employers utilizing any form of so-called piece work (production-based) compensation system have been further obligated since January 1, 2016 to pay affected workers additionally for rest and recovery time. Under new Labor Code 226.2(a)(2)(A), such employers are now required specifically to list three additional items on each pay stub:

(11) Total hours of compensable rest and recovery periods in the applicable pay period;
(12) Rate of compensation for such periods; and
(13) Gross wages paid for such rest and recovery periods during that pay period.

Under Labor Code 226.2(a)(2)(B), and unless a piece work-paying employer includes an hourly minimum wage base rate in its compensation system, that employer will also have to list yet three more items on each pay stub for affected workers:

(14) Total hours of other compensable nonproductive time in the applicable pay period;
(15) Rate of compensation for such time; and
(16) Gross wages paid for that time during the pay period.

Company attention to such detail is important. Labor Code 226(e) provides that an employer’s knowing and intentional failure to comply may entitle each worker affected to recover at least $50 for the first violation and a minimum $100 for each subsequent occurrence up to a maximum of $4,000. In the event a company’s non-compliance applies long-term to a large number of employees, the total potential liability could be very significant.

This state’s Labor Commissioner has for many years listed a template pay stub illustrating the placement of the above nine items. See: http://www.dir.ca.gov/dlse/PayStub.pdf. However, the state has yet to offer what it considers acceptable examples of pay stubs containing additional items (10) through (16) above. This lack of government guidance makes it all the more important that affected employers consult with legal counsel to determine how best to bring their pay stub formats into compliance with the above-described new requirements.

For further assistance, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

Law Offices of Timothy Bowles
March 17, 2016

To protect employees from workplace health and safety hazards, California’s Division of Occupational Safety and Health, commonly known as Cal/OSHA, requires certain employers to maintain and post work-related injury and illness records.

Unless otherwise exempt, California companies who had at least 11 employees at any time throughout 2015 must visibly post the Cal/OSHA injury and illness summary record (Cal/OSHA Form 300A) from February 1, 2016 through April 30, 2016 so that all employees may view it.

Cal/OSHA Form 300A (Form 300A) contains a summary of significant work-related accidents and illnesses. If the company had no recordable occupational injuries or illnesses in 2015, it must insert zeros in the total lines.

In addition to completing and posting Form 300A, all eligible companies, including establishments classified in agriculture, mining, construction, manufacturing, transportation, communication, electric gas and sanitary services, wholesale trade, and those establishments in the retail, service, finance, insurance and real estate industries must also complete Cal/OSHA Form 300.

The Form 300 is used to record more detailed and private employee information about each injury and illness and thus shall not be posted.

Unless the government otherwise requests it, California establishments in low-hazard industries are exempt from these posting requirements if classified under certain Standard Industrial Classification (SIC) codes.

All California employers, regardless of size, including those exempt from the above recordkeeping requirements, must however immediately report to the nearest Cal/OSHA district office all serious occupational incidents that result in any fatality, hospitalization for more than 24 hours (other than for observation), or loss or serious disfigurement of any body part.

For more information on Cal/OSHA recordkeeping requirements, please visit http://www.dir.ca.gov/dosh/etools/recordkeeping/index.html.

For further assistance, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

Law Offices of Timothy Bowles
March 3, 2016

Our recent article “Caregiver Agencies Must Comply with Home Care Services Consumer Protection Act or Cease Operation” provided an overview of this new California law, effective January 1, 2016.

The Act defines “home care organizations” (HCOs) as any individual, 18 years of age or older, or any business entity that arranges for home care services by an affiliated home care aide (HCA) to a client. Non-compliance with the Act requires an HCO to shut down.

The Act requires all HCOs to take two vital actions by March 1, 2016:

• HCO Application for Licensing: All HCOs must submit their applications for licensing along with the $5,165.00 fee with the new Home Care Services Bureau (Bureau) by March 1, 2016. The required forms include: (1) Application for a Home Care Organization License; (2) Licensee Applicant Information; (3) Designation of Home Care Organization Responsibility; (4) Company Organization Structure; (5) Employee Dishonesty Bond; (6) Criminal Record Statement; and (7) Board of Directors Statement. An HCO must also submit supplemental documents concerning its organization, job descriptions, policies, training plan, program description, and insurance.
• Applications for Home Care Aides Registration: The Bureau’s FAQ on the Act states that it requires HCOs to employ all affiliated home care aides (HCAs). (HCOs thus may not utilize independently contracted HCAs). The Act requires all such employed HCAs to be registered with the Bureau. For each HCA it currently employs, an HCO must submit the registration application along with the $25.00 fee by March 1, 2016. The required forms include: (1) Application for Home Care Aide Registration; (2) Criminal Record Statement; and (3) LiveScan fingerprints request. There is a separate LiveScan fee. See also: our article “Home Care Aides Must Register With New State Agency No Later Than March 1, 2016.”

An HCO must obtain its license and complete the registration process for all of its HCAs by July 1, 2016. The state may impose fines of $900/day and bring criminal misdemeanor charges for non-compliance.

Our office is educating and assisting home care organization owners on the requirements of this new law. We are also advising clients on the formation and structure of domestic referral agencies, an alternate business model currently exempt from the Act. Contact Tim Bowles, Cindy Bamforth, or Helena Kobrin for more information.

Law Offices of Timothy Bowles
February 19, 2016

As announced in its December 17, 2015 press release, the Internal Revenue Service (IRS) has lowered its optional standard mileage reimbursement rates for an employee’s business use of his or her vehicle from 57.5 cents in 2015 to 54 cents per business mile driven in 2016.

The government bases the mileage rate on an annual study of fixed and variable automotive operating costs, including insurance, repairs, maintenance, gas and oil.

Under California Labor Code section 2802, employers must reimburse employees for all actual work-related expenses necessarily incurred. Many employers use the IRS mileage reimbursement rate to satisfy their reimbursement obligation.

According to section 29.2.4 of California’s Division of Labor Standards Enforcement’s Enforcement Policies and Interpretations Manual (p.102), using the IRS mileage reimbursement rate will satisfy an employer’s reimbursement obligation absent evidence demonstrating otherwise. For example, if the employee can show the IRS reimbursement rate does not cover all of his/her actual and necessary business-related vehicle expenses, the employer must pay the difference.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin for more information.

Law Offices of Timothy Bowles
February 10, 2016

We are extremely pleased to have Ms. Daniska Coronado Iberico as a legal assistant with the firm. Daniska is a licensed attorney in Peru, with business, commercial, and corporate law experience. She recently moved to the United States to become a lawyer here, now working full time at Bowles Law while fulfilling her formal educational requirements for the California bar.

Raised in a family of lawyers, Daniska received her Bachelor’s Degree in Law at the University of Lima in 2011, having served there as Associate Editor for the Lima University “Advocatus” Law Review. Following admission to the Bar of Lima, she served in Peru as in-house counsel for transnational companies in mining, construction and hydrocarbons sectors. Daniska also has considerable experience on human rights education projects in her native country, serving as a volunteer for Youth for Human Rights International.

In addition to proficiency in her areas of legal practice, Daniska brings her Spanish and English bilingual skills to the firm. We welcome Daniska and look forward to working with her.

Law Offices of Timothy Bowles
February 5, 2016

New California law, effective January 1, 2016, requires all home care organizations (HCOs) to be licensed and to register all of their home care aides (HCAs) with the state. See our blog “Caregivers Agencies Must Comply With Home Care Services Consumer Protection Act or Cease Operation” describing the Home Care Services Consumer Protection Act (HCSCPA).

The HCSCPA required all Home Care Organizations (HCO) to submit by December 31, 2015 to the new Home Care Services Bureau (Bureau) a “notice of intent” to apply for such licensing.

This new law also requires HCOs to submit the actual application for licensing by March 1, 2016. No HCO is authorized to operate without a Bureau-issued license after July 1, 2016.

The HCSCPA did not include a specific deadline date for HCAs listed in an HCO’s Notice of Intent to file registration forms. However, such aides are required to file within 60 days of the “Home Care Aide Registry” going live online. The Registry went live January 1, 2016. The HCA registration filing deadline, 60 days from that date, is thus March 1, 2016.

Home Care Aide registration requires completion and submission to the Bureau of three forms: HCS 100 – Application for Home Care Registration ; LIC 508 – Criminal Record Statement ; and HCS 9163 – Request for LiveScan Services (fingerprinting form).

This new law and the Bureau procedures to administer are detailed, covered in the Bureau’s 80 page booklet available online. This publication includes sections on civil penalties starting at page 31. Such penalties include a possible $900 per day fine for operation without a license. Operators of unlicensed facilities are also subject to criminal prosecution.

To date, we have found no guidance from the Bureau on the consequence of an HCO having missed that December 31, 2015 notice of intent deadline. However, good sense would indicate that: a) now filing that notice as soon as possible is better than not filing it at all; and b) not waiting until the last minute on March 1 to file the HCO licensing application and HCA registrations is preferred.

Our office is available to assist HCO owners and managers navigate these new legal requirements. Please contact Tim Bowles, Cindy Bamforth, or Helena Kobrin for more information.

Law Offices of Timothy Bowles
January 22, 2016

As recently covered in our California Minimum Wage Increasing blog, California’s minimum will rise to $9.00 an hour on July 1, 2014.

Also by July 1, California employers must prominently post the new Division of Labor Standards Enforcement Minimum Wage Order (MW-2014) specifying this $9.00 per hour minimum requirement as well as the $10.00 per hour minimum that begins January 1, 2016.

California employers must conspicuously display all such mandatory state and federal labor posters and notices where all employees may view them. Even companies with only one employee must display certain notices. Companies must post a separate set of these notices in each business location. Several of these employer postings must also be displayed where job applicants can read them.

An “all in one poster” containing current California and federal law notifications, along with other currently required pamphlets, may be purchased from the California Chamber of Commerce This comprehensive poster set includes:

California Notices:

• California Minimum Wage
• Pregnancy Disability Leave
• Prohibited Employment Discrimination and Harassment
• Notice to Employees (Unemployment Insurance, State Disability Insurance, Paid Family Leave)
• Notice to Employees – Workers’ Compensation Injuries
• Safety and Health Protection on the Job
• California Family Care and Medical Leave and Pregnancy Disability Leave
• Whistleblowers are Protected
• Time Off to Vote
• Emergency Contacts
• Pay Day Notice

Federal Notices:

• Equal Employment Opportunity is the Law
• Federal Minimum Wage
• Your Rights Under USERRA (Veterans Benefits)
• Employee Rights and Responsibilities Under the Family Medical Leave Act
• Employee Polygraph Protection Act

January 1, 2016

As recently covered in our California Minimum Wage Increasing blog, California’s minimum will rise to $9.00 an hour on July 1, 2014.

Also by July 1, California employers must prominently post the new Division of Labor Standards Enforcement Minimum Wage Order (MW-2014) specifying this $9.00 per hour minimum requirement as well as the $10.00 per hour minimum that begins January 1, 2016.

California employers must conspicuously display all such mandatory state and federal labor posters and notices where all employees may view them. Even companies with only one employee must display certain notices. Companies must post a separate set of these notices in each business location. Several of these employer postings must also be displayed where job applicants can read them.

An “all in one poster” containing current California and federal law notifications, along with other currently required pamphlets, may be purchased from the California Chamber of Commerce This comprehensive poster set includes:

California Notices:

• California Minimum Wage
• Pregnancy Disability Leave
• Prohibited Employment Discrimination and Harassment
• Notice to Employees (Unemployment Insurance, State Disability Insurance, Paid Family Leave)
• Notice to Employees – Workers’ Compensation Injuries
• Safety and Health Protection on the Job
• California Family Care and Medical Leave and Pregnancy Disability Leave
• Whistleblowers are Protected
• Time Off to Vote
• Emergency Contacts
• Pay Day Notice

Federal Notices:

• Equal Employment Opportunity is the Law
• Federal Minimum Wage
• Your Rights Under USERRA (Veterans Benefits)
• Employee Rights and Responsibilities Under the Family Medical Leave Act
• Employee Polygraph Protection Act

For more information concerning required workplace notices, contact one of our attorneys, Timothy Bowles, Cindy Bamforth or Helena Kobrin.

Law Offices of Timothy Bowles
January 1, 2016