Page 17 Employment of Sexual Offenders The California Penal Code is amended to prohibit sexual offenders from applying for work or working in positions where the offender would be working directly with minors unaccompanied (without another adult present).
Cal/OSHA’s focus on Serious Violations This law revises the definition of “serious violations” found in section 2774 of the Labor Code where employers tolerated a serious safety hazard and are now subject to a $25,000.00 fine. The revision creates a presumption if the Division of Occupational Safety and Health can show a “reasonable probability” that death or serious injury could have resulted from the violation. Under the new law employers may find it more difficult to succeed in the appeal of the citation for these serious violations.
Workers’ Compensation Changes The California Division of Workers’ Compensation changed its amendments regarding medical provider networks. To avoid a $7,000.00 fine every California employer must: √ √ √
Post a new “Notice to Employees – Injuries Caused by Work” poster (DWC7) available at http:/bit.ly/dbZuEO. Provide the updated “Your Rights to Workers’ Compensation Benefits” pamphlet to new employees. Use an updated Workers’ compensation claim form (DWC1) and “Notice of Potential Eligibility” form.
The purpose of these requirements of these documents is to inform employees about the existence and use of medical provider networks
The Patient Protection and Affordable Care Act (National Healthcare) As you know this is an exhaustive and very complicated piece of legislation that is currently being litigated in the courts. Please contact me by e-mail (llevy@employeerelationsmanagement.com) and I will send you for a small fee, a three page summary on “How National Healthcare Affects Employers”. The bottom line is to begin the planning process now by contacting your medical insurance broker. Unpaid Internships In the past California’s Department of Labor Standards Enforcement issued an opinion letter detailing under what circumstances interns would be considered employees and thereby be subject to both federal and state minimum wage laws. The DLSE recognized interns may work as part of their training as part of their training. An employer must satisfy each of the following criteria to be excluded from federal and state wage and hour laws: 1. The internship, even though it includes actual operation of the employer’s facilities, is similar to training given in an educational environment. 2. The internship is predominately for the benefit of the intern and not the employer. 3. The intern does not displace any existing employee but works under the existing staff’s close supervision. 4. The employer does not derive any financial advantage from the intern’s activities. 5. The intern is not entitled to a job upon conclusion of the internship. 6. Both the employer and the intern understand the intern is not entitled to wages for time spent as an intern.
Larry Levy - Employee Relations Management (P) 415.892.1497 (C) 415.254.3688 (E) llevy@employeerelationsmanagement.com