Labor Commission Issues Updated FAQs on Wage Theft Prevention Act
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- Published on Thursday, 26 January 2012 20:06
On January 23, 2012, the California Labor Commissioner released an updated and expanded version of the previously issued “frequently asked questions” (FAQ) related to the new Wage Theft Protection Act (AB 469). The Wage Theft Prevention Act went into effect on January 1, 2012. The new legislation amends existing laws, and adds new requirements which “criminalizes willful violations for non-payment of wages after a court judgment or final administrative order; requires restitution to the employee in addition to a civil penalty for failure to pay minimum wages; requires that specified information be provided to employees at the time of hire and in wage claim proceedings and that employers update changes within specified periods; extends the time period for obtaining judgments on final orders for collection of penalties by the Division of Labor Standards Enforcement (DLSE); enhances bond requirements for employers with convictions or court judgments for non-payment of wages including requiring an accounting of assets upon request by DLSE or court order; establishes that penalties under the Labor Code for failure to comply with wage-related statutes are minimum penalties; and allows employees to recover attorney’s fees and costs incurred to enforce a judgment for unpaid wages.”
The new legislation also requires that employers provide notice to employees of their rate(s) of pay, designated pay day, the employer’s intent to claim allowances (meal or lodging allowances) as part of the minimum wage, and the basis of wage payment (whether paying by hour, shift, day, week, piece, etc.), including any applicable rates for overtime. The new law also requires that the notice contain the employer's "doing business as" names, and that it be provided when the employee is hired and within 7 days of a change, provided the change is not listed on the employee’s pay stub for the following pay period. The notice must be provided in the language the employer typically uses to communicate workplace information to the employee. The Labor Commission has provided translated notices. The Commissioner is also recommending that all non-exempt existing employees be provided with the same information although the new legislation only pertains to new hires. A template has been provided by the Commissioner which can be found at: http://www.dir.ca.gov/dlse/Governor_signs_Wage_Theft_Protection_Act_of_2011.html. Read More.
Covered Employers Must Post Annual OSHA 300A Summary Form by February 1, 2012
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- Published on Tuesday, 24 January 2012 04:33
Every employer covered by the Occupational Safety and Health Administration (OSHA) who has more than 10 employees, except for employers in certain low-hazard industries in the retail, finance, insurance, real estate, and service sectors, must maintain specific records of job related injuries and illnesses, including the OSHA Form 300, which is an injury/illness log, with a separate line entry for each recordable injury or illness. Such events include work related deaths, injuries, and illnesses other than minor injuries requiring only first aid treatment not involving medical treatment, loss of consciousness, restriction of work, or transfer to another job. Every year, the employer must post in a conspicuous location in the workplace the OSHA Form 300A, which consists of a summary of the previous year's work-related injuries and illnesses recorded on the Form 300. Employers must also record on the OSHA Form 301 individual incident reports that provide added detail about each specific recordable injury or illness. Read More.
NLRB Extends Required Date for Posting Notice on Union Rights
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- Published on Friday, 23 December 2011 17:29
On December 23, 2011, The National Labor Relations Board (NLRB) announced that it has postponed the effective date of its employee rights notice-posting rule at the request of the federal court in Washington, DC, which is considering a legal challenge regarding the rule. The NLRB’s ruling states that it has determined that postponing the effective date of the rule would facilitate the resolution of the legal challenges that have been filed with respect to the rule. The new implementation date is April 30, 2012. The notice is to advise employees that they have the following rights under the NLRA: (1) to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and (2) to refrain from any of these activities. The notice also provides examples of unlawful employer and union conduct and advises employees on how to contact the NLRB with any questions or complaints. According to the NLRB, the “11-by-17-inch notice should be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted.” Most private sector employers will be required to post the notice on the new implementation date of April 30. The notice is available at no cost from the NLRB through its website, www.nlrb.gov, which has additional information on posting requirements and NLRB jurisdiction. Read More.
NLRB Extends Deadline For Posting Of Employee Rights Notice
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- Published on Friday, 07 October 2011 03:10
The Employment Law Weekly recently reported that the National Labor Relations Board (NLRB) is requiring that that most private sector employers post a notice advising employees of their rights pursuant to the National Labor Relations Act (NLRA) by November 14, 2011. The notice is to advise employees that they have the following rights under the NLRA: (1) to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and (2) to refrain from any of these activities. The notice also provides examples of unlawful employer and union conduct and advises employees on how to contact the NLRB with any questions or complaints. According to the NLRB, the “11-by-17-inch notice should be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted. The posters are available below for download and printing. Copies also are available from any of the agency’s regional offices. In addition, employers should publish the notice on an internal or external website if other personnel policies or workplace notices are posted there.” Recently, the NLRB announced that the date for posting the notices has been extended. The new effective date of the rule is January 31, 2012. The decision to extend the deadline followed queries from businesses and trade organizations indicating uncertainty about which businesses fall under the NLRB’s jurisdiction. The NLRB advises that no other changes in the rule, or in the form or content of the notice, will be made. Read More.
NLRB Issues Employee Rights Poster For Workplace
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- Published on Friday, 16 September 2011 02:53
As of November 14, 2011, most private sector employers are required to post a notice advising employees of their rights pursuant to the National Labor Relations Act (NLRA). Specifically, the notice advises employees that they have the following rights under the NLRA: (1) to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and (2) to refrain from any of these activities. The notice also provides examples of unlawful employer and union conduct and advises employees on how to contact the NLRB with any questions or complaints. According to the National Labor Relations Board (NLRB) the “11-by-17-inch notice should be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted. The posters are available below for download and printing. Copies also are available from any of the agency’s regional offices. In addition, employers should publish the notice on an internal or external website if other personnel policies or workplace notices are posted there.” Poster Downloads: Employee Rights Under the NLRA poster, 11 x 17 version (pdf); Employee Rights Under the NLRA poster, two-page 8.5 x 11 version (pdf). Congressman Ben Quayle (R-AZ-03) has introduced legislation intended to reverse this rule. Read More.
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