E-Blasts

On December 3, the State announced a “Regional Stay at Home Order” which will be triggered by ICU capacity. Health officials are now tracking the state by five regions:

Fines Continue to Rise for COVID-19 Violations

Since August 25, 2020, Cal/OSHA inspections have resulted in more than $1 million of proposed penalties related to COVID-19 infection prevention.

The inspections have resulted in the agency citing employers for violations, including failures to:

The Department of Homeland Security (“DHS”) announced that its flexibility related to in-person Form I-9 compliance will end on November 19, 2020. As a general reminder, this flexibility was adopted for employers and workplaces that operated 100 percent remotely as a result of COVID-19. While employers are normally required to perform an in-person review of an employee’s identity and employment authorization documents, the DHS’s flexibility permitted inspection by other means such as video link, fax, and/or email.


 

As businesses are adjusting to COVID-19 and slowly starting to reopen in person operations, employers need to ensure they are complying with all Form I-9 requirements. To assist with compliance, the DHS released additional guidance and clarity. In this guidance, the DHS emphasized that:

  • An employee’s documents must be verified in-person within three (3) business days of that employee physically returning to the workplace.
  • ICE will not require employers to mandate that newly hired employee report to work in advance of any phased reopening procedure established by the company or state and local authorities merely for verification.
  • Once the employee is physically present at a work location, no exceptions are being implemented for in-person verification.
  • If the documents that were valid when originally presented are no longer valid at the time of “in-person” verification, no additional documentation is required.
  • If the documents that were originally presented are lost or unavailable, the employee should fill out a new Form I-9 and present any relevant combination of List A, B, or C documents. The remote hire date should be used on the new form and the new I-9 should be attached to the old I-9 with a note indicating the original documents were unavailable at the time of verification.

COUNSEL TO MANAGEMENT:

While the DHS is likely to announce an extension to its flexibility, employers should be aware of the necessary steps they must take as the country slowly reopens. If you have any questions about how to comply with Form I-9 requirements, contact the experts at The Saqui Law Group.

SB 973 requires California employers with 100 or more employees to submit an annual pay data report by March 31, 2021 to the California Department of Fair Employment and Housing (“DFEH”). We previously reported on SB 973 here.

The DFEH recently published Frequently Asked Questions (“FAQs”) with guidance on how employers must comply with the new reporting requirements.

California Voters Side with Uber & Lyft in Classifying Workers

After numerous legal battles challenging California’s new law classifying app-based drivers as employees, Californians have sided with the ride sharing companies. Assembly Bill (“AB”) 5 became effective this year which classified app-based drivers as employees and not independent contractors. Uber, Lyft and other ridesharing companies challenged the new law in court. After grim court decisions, ridesharing companies hoped for Proposition 22 to pass.

The following article was provided by ED MCCLEMENTS, CLU, ChFC --you can reach him by phone: 949-232-9178 or email This email address is being protected from spambots. You need JavaScript enabled to view it.. If you have questions regarding Cal Savers compliance, contact the experts at The Saqui Law Group.

You missed the deadline for CalSavers (9/30/2020) and now you are getting emails and letters indicating your company is going to face a penalty – is there anything you can do?

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