Cal- OSHA Heat Illness Prevention Plan Requirement
All California employers who have employees who work in outdoor work areas are required to have a Heat Illness Prevention Plan as part of their Illness and Injury Prevention Plan, as well as to provide employees with documented training on Heat Illness Prevention as outlined in the Cal-OSHA Heat Illness Prevention Standard (T8 CCR 3395.) The regulation is in place to assist employers and employees in reducing the risk of work related heat illnesses in the workplace.
The regulation requires employers who have employees working in outside environments to adhere to guidelines to protect employees. Specifically, the employer must provide for adequate drinking water, access to shade, first aid and emergency response in the event of a heat related illness.
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New Focus on Independent Contractor v. Employment Status
When the new proposed federal budget was unveiled for 2010, it included some surprises for employers. Within the budget, the Federal Department of Labor (DOL) received a whopping $117 billion in funds earmarked for worker protection programs. The Wage and Hour Division was allocated $244 million, of which it anticipated allocating $25 million to the new Misclassification Initiative. This initiative is focused on finding ways to eliminate any perceived incentive to employers to misclassify workers as Independent Contractors rather than employees.
The initiative expects to impose sanctions and penalties for misclassification both of workers as Independent Contractors as well as misclassification of employees as exempt employees under the executive, administrative, professional and outside sales exemptions provided under the Fair Labor Standards Act (FLSA).
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Must I Designate a Set Pay Day?
In this period of challenging financial times, companies are often working to juggle cash flow and to adjust payments for a number of their expenses. However, payroll for your employees is one area that should not be part of a plan to work through cash flow issues.
California Labor Code requires that employers establish a set pay date for employees, and that the scheduled pay day, as well as the time and location of pay check distribution be posted in a place frequented by employees within all company facilities.
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New HIRE Act Incentives
On March 18, 2010, President Obama signed new legislation that is aimed at spurring employment. The HIRE act contains more than $17 billion in funds through tax credits to help stimulate employment. The act also includes $20 billion for highway and transit infrastructure programs that will also stimulate hiring through out the country.
The HIRE act is established in a way that enables an employer to claim a tax credit if an employer hires an unemployed worker between February 3, 2010 and January 1, 2011. The employee must complete an affidavit, IRS Form W-11 saying that they have not been employed in a full time position during the preceding 60 days. The employee may not be hired to replace another employee, unless that employee has left employment voluntarily, or was discharged for cause as defined within the act. The newly hired employee may also not be related to the employer.
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