California can be a tricky place to do business, but if you know the rules, it does get easier!

For example, the Cal OSHA COVID19 directive from 11/30/2020, Title 8, has a lot of information in there, but something that MIGHT get lost in translation was pointed out by a good friend, and Employment Law attorney.

Did you know this Scenario?

1. Employee #1 reports to their employer they have COVID19 (but did not get it from work)
2. Employer does a thorough investigation to determine who worked with Employee #1 from 2 days before to 10 days after the notification (used to be 14 days)
3. Employer needs to determine if there was 'exposure' as defined as 15 minutes of being in close proximity/within 6' distance in a 24 hour period.
4. If any employee (not Employee #1) is identified as "exposed" , and you send that employee home to self isolate and get tested for COVID (ie: means they are EXCLUDED from work), THAT employee must have their pay and benefits continue EVEN if they are at home and not working.

Best business practices:

• Have a separate binder for ALL THINGS COVID19
• Learn what CalOSHA says: https://www.dir.ca.gov/title8/3205.html
• Protect employee's identities and health information
• Document, document, document
• Follow the guidance of the COUNTY that you live in 
• Continue to screen & train your staff on COVID19 regularly - don't let it become a taboo topic!

​Most of all, please stay safe!

Your ONE task to do NOW, before 1/1/21 is to ensure your minimum age employees are paid correctly for 2021!

• Do a Payroll Audit
• Identify those who need they pay to go UP
• Put those changes in writing - document, document, document!
• Notify your hourly employee in writing with an updated Wage Notice to Employee see this link www.dir.ca.gov/dlse/lc_2810.5_notice.pdf
• Notify your Payroll Provider, make sure they provide PROOF they did the increase
• File in the employee's personnel file
• Breathe!

Rates for CA businesses are here:
 www.dir.ca.gov/dlse/FAQ_MinimumWage.htm

Rates for San Diego based businesses are here: ​
www.sandiego.gov/treasurer/minimum-wage-program

If you need any guidance on this, or resources - let us know! 

info@clearhrsd.com
​858 336 7347

While adjusting to my own 'remote work life', there have been a few opportunities to share HR knowledge!

Thank you to Cairn Leadership, Knight Campbell & Abigail Jones, for their invitation to address the UCSD Rady StartR Veteran Program.  While HR is one of the broadest topics to discuss with new business owners, we honed it down to employee vs independent contractors (AB5 chat) and writing job descriptions. 

And, tomorrow, Friday April 24th, a video I prepared for The Pulse San Diego and my super biz gal buddy, Cindy Matalucci!  Can't spoil it for you, so you'll have to tune in!

http://www.thepulsesd.com/live/

On May 5th, I'll be presenting more HR to The Rosie Network along the Parlatore Law Group - and, we'll be discussing the spectrum of Employment Law and business issues.

Goodness - this is a good time to be in HR - it's all about sharing good information and advocating for business & employees!
​

Like, literally EVERYWHERE!

It's been a huge leap over the past three weeks since my last share, with seemingly every conceivable business entity, non-profit, and every level of government participating.

If you are in an information fog, overload, disconnect, avalanche - just raise your hand and own it---because I'm right there with you!

For all of us today and everyday, patience, safety, health & compassion.

I didn't think it possible, but COVID-19 has done did it; it has kicked aside all of the AB5 angst.

What else than a pandemic's concerning presence for us to say, "Forget this, we just want to survive!"

I'll keep it simple, let's start here: https://covid19.ca.gov/

​Do:

•  Stay home
•  Wash hands with soap and water for at least 20 seconds
•  Cover your cough or sneeze with a tissue
•  Clean and disinfect frequently touched objects and surfaces
•  If soap and water aren’t available, use alcohol-based hand sanitizer

Don’t:

•  Shake hands
•  Touch your face
•  Go to the doctor if you aren’t sick
•  Stockpile masks or gloves

Next post will be for employers on what you need to know and do for your employees.

Stay safe - follow the rules - we'll get through this together!
Peace,
​Sara

The law went into effect on July 1, 2019, and it stipulates, that every employer with 5 or more employees, must either provide their employees a business sponsored IRA, or the business must sign up with the State run CALSAVER program, and the employees participate from there.

Different size business have different time lines...

GO HERE to read more.

Yes, this is mandatory if you have 5 or more employees in CA.

It's good to pay attention to IRS tax code, especially this law change - you ready for this?
"End Reserved Employee Parking by March 31 or Owe 2018 Taxes"

Here is the article from SHRM:
By Stephen Miller, CEBS March 25, 2019

Employers have until March 31 to reduce or eliminate parking spots reserved for employees, or they'll owe 2018 taxes on those spots, which are considered an employee benefit.
Under the Tax Cuts and Jobs Act, as of 2018, "the costs of providing qualified parking to employees as a tax-free fringe benefit is not deductible by for-profit employers and is subject to a 21 percent tax for tax-exempt organization employers" as an unrelated business income tax expense, wrote Scott Galbreath, an attorney with law firm Murphy Austin in Sacramento, Calif.
In December 2018, the IRS issued Notice 2018-99 alerting employers to reclassify by March 31 some or all employee parking spots as open spots. The reclassification is retroactive to Jan. 1, 2018. Reclassifying parking spots "could save significant taxes for the 2018 tax year, but time is running out," Galbreath noted.
To avoid retroactive and future taxes on parking benefits, employers should "change the method that made the parking reserved exclusively for employees, such as signage or limited access," Galbreath advised, adding, "This should be done before the meter expires at the end of this month."

Parking Requirements

The December 2018 guidance also clarified how employers can calculate the tax on qualified parking benefits.
For parking expenses to qualify as a business deduction, more than half the available space must be used by the general public during the business's normal operating hours. "Empty, unreserved spaces available to the general public and not used by employees are also counted as used by the general public," wrote Susan Mehlman, leader of the compensation and benefits practice at law firm Moss Adams in Seattle. The term "general public" includes customers, clients, visitors and people delivering goods or services to the business, she noted. "It doesn't include employees, partners or independent contractors of the business."
If more than 50 percent of the total parking spots are available to the general public, "the remaining total parking expenses are deductible under Section 274(e)(7)" of the tax code, she explained.
Once the parking spaces are re-characterized, employers should determine how much of the parking costs are taxable. "This includes determining how many spaces are reserved or primarily used (more than 50 percent of the time) for the general public, which are deductible by for-profit employers and not taxable to exempt employers," Galbreath wrote.

If no spaces are reserved for employees or the general public, "an allocation based on the typical use of the parking on a normal day between employee use and general public use must be determined," he pointed out.
Employers should consider eliminating reserved parking, "even those spots provided to reward employees for a limited amount of time," such as for the employee of the month, said David Fuller, an attorney in the Washington, D.C., office of McDermott, Will and Emery.

The news that all small businesses in California need to be aware of has to do with the signing of SB 1343 at the end of September 2018.

Sexual Harassment training for supervisor & employees used to be for a business sized 50 employees or more...get ready, those numbers have DROPPED!

If you have 5 employees (including seasonal and temporary), then you must have them all participate in Sexual Harassment training within 2019, and be completed before 1/1/2020.

Here's another ARTICLE for your review of the specifics.

Don't wait, get educated and get started!

Hard to believe that I've missed sharing with you since November 2017, especially with so many HR things going on!

One of the most important is how Independent Contractors are clarified.  Please look at this link below and become familiar with the information.

www.dir.ca.gov/dlse/faq_independentcontractor.htm

Honor your hard work, honor your business, and get Clear with your HR!