October Deadline for New WC Notices Fast Approaching

Written by Rob Roy

The Saqui Law Group wishes to thank Rob Roy, President/General Counsel of the Ventura County Agricultural Association, for contributing this article.         

          The California Division of Workers’ Compensation has finalized regulations that require all employers within the State to post a new "Notice to Employees - Injuries Caused by Work" (dated 6/10/10).  The Notice must be posted in a conspicuous location frequented by employees no later than October 8, 2010.

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HIRE Act Provides Tax Benefits to Employers

Written by The Saqui Law Group

The Saqui Law Group wishes to thank John Gibbons, C.P.A., and his team at Hayashi & Wayland Accounting and Consulting, LLP in Salinas, CA for contributing the overview of the HIRE Act to this article.

HIRE Act Provides Tax Benefits to Employers 

          In March, 2010, the Hiring Incentives to Restore Employment (HIRE) Act was enacted into law.  Employers who hire unemployed workers before January 1, 2011 may qualify for a 6.2 percent payroll tax incentive which in effect exempts them from their share of Social Security taxes on wages paid to these workers after March 18, 2010.  According to the IRS, the new tax benefits are “especially helpful to employers who are adding positions to their payrolls.”  Under the Act, most employers are eligible for two new tax benefits – a FICA payroll tax exemption and a separate "retained worker" tax credit – designed to stimulate hiring.

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Awaiting Brinker: Employers Must Ensure Meal and Rest Breaks Are Taken

Written by The Saqui Law Group

          Add RadioShack to the list of employers eagerly awaiting the decision in Brinker Restaurant Corp. v. Superior Court, currently pending before the California Supreme Court.   In an unpublished opinion on August 26, 2010, the Second District Court of Appeal in Brookler v. Radioshack Corp., B212893, 2010 WL 3341816 (Cal. Ct. App. 2d Dist. August 26, 2010), reversed an order in favor of RadioShack and held that, unless and until the Supreme Court in Brinker holds otherwise, “an employer’s obligation under the Labor Code and related wage orders is to do more than simply permit meal breaks in theory—it must also provide them as a practical matter.”

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DOL Targeting Health Care Industry for FLSA Violations

Written by The Saqui Law Group

            Continuing the trend of Obama Labor’s enforcement crackdown on wage and hour violations, the U.S. Department of Labor is now tackling the health care industry for Fair Labor Standards Act (FLSA) violations.

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Cal/OSH Unanimously Approves New Heat Illness Requirements

Written by The Saqui Law Group

          The proposed changes to General Industry Safety Order section 3395 were unanimously adopted by the Cal/OSH Standards Board today, as reported by the Cal-OSHA Reporter.  The rulemaking package includes new requirements that will require “shade up” provisions when the temperature reaches 85 degrees, additional protective precautions when the temperature exceeds 95 degrees, and clarification of what constitutes a “shade break.”  The regulations also provide exemptions from the shade up requirement for employers when it is not feasible, providing employers can provide an alternative and effective shade option.

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LM-30 Advice Exemption to be Revisited

Written by The Saqui Law Group

          The U.S. Department of Labor (DOL) recently issued a notice of proposed rulemaking to revise Form LM-30—again.  Although LMRDA section 203(c) was most recently revised in 2007, and was essentially unchanged from 1963 to 2007, the DOL issued a notice on August 10, 2010 stating that following the 2007 revision of the rule, “fundamental questions remain regarding the complexity of the form and its instructions, as well as the scope and extent of the LM-30 reporting obligations.”

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Eavesdrop With Caution

Written by The Saqui Law Group

          While a U.S. Supreme Court decision earlier this summer determined that an employer’s search of a worker’s text messages was reasonable and did not violate the employee’s right to privacy, the decision does not give employers unfettered discretion to eavesdrop on its employees. 

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Proposition 19 Would Allow "Giggle Weed" at Work

Written by The Saqui Law Group

          By now, most everyone has heard about the proposition in California that could legalize marijuana use.  Proposition 19, the Regulate, Control and Tax Cannabis Act of 2010, is on the ballot for the November election and would allow possession of up to one ounce of marijuana (enough to roll dozens of marijuana cigarettes) by anyone 21 years of age and older.  Regardless of your personal stance on the issue, as employers, have you thought about what passage of the proposition might mean for your business?

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