October 2011-2: Information for Employees of Farm Labor Contractors

As noted in the Employer’s Legal Advisory (Fall 2011-3), as of January 1, 2012 all employers will be required to provide newly-hired employees with a written notice that includes certain payroll information and other information about the employer and the employer’s workers’ compensation carrier. Additionally, if the employer is a farm labor contractor, this notice must also include the name and address of the entity that secured the services of the farm labor contractor.
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October 2011-1: New Pregnancy Leave Legislation

The new legislation, effective January 1, 2012, prohibits any employer from refusing to maintain health coverage for an employee on a statutorily protected pregnancy leave of up to four (4) months. The employer will be required to pay the premiums normally paid by the employer under the same conditions as if the employee was working. Unlike a similar provision under the Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) which apply only to employers with 50 or more employees, these changes to the California Pregnancy Disability Leave Law apply to all employers with five (5) or more employees. Read more

Fall 2011-3: California Legislative Changes- Part 2

New Wage Payment/Information Violations of the Labor Code
The California Legislature also made additional changes to the Labor Code, signed into law by Governor Brown.

- As of January 1, 2012 an employer must, at the time of hire, provide every employee with a written notice of 1) the rate(s) of pay and the basis for pay (hourly, salary, piece rate, commission, etc.); 2) allowances, if any taken as part of the minimum wage (e.g., meal or lodging allowances); 3) the regular payday; 4) the name of the employer (including any “dba”); Read more

Fall 2011-2: California Legislative Changes- Part 1

Pregnancy Leave- Changes Require Payment of Health Insurance Premiums by Employer
(previous e-Update issued)

Governor Brown has signed legislation effective January 1, 2012 which prohibits employers from failing to maintain health coverage for an employee on a statutorily protected pregnancy leave of up to four (4) months. The employer will be required to pay the premiums normally paid by the employer under the same conditions as if the employee was working. Read more

Fall 2011-1: NLRA - New Poster

Employers who have union-represented employees and are subject to collective bargaining agreements are familiar with the National Labor Relations Board (NLRB), the federal agency that enforces the National Labor Relations Act (NLRA). Employers that do not deal with unions often incorrectly believe that the NLRA does not apply to them.

However, the NLRA guarantees the right of non-union employees to engage in protected concerted activity. Read more

New California Leave Law Signed by Governor

The Michelle Maykin Donation Protection Act has been signed by Governor Schwarzenegger. This law applies to all employers with 15 or more employees and provides another right for an employee to take leave in California. The law requires employers to permit employees who are an organ donor or bone marrow to take a leave of absence with pay.
The law provides that:
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Fall 2010: New California Workers’ Compensation Regulations

The California Division of Workers’ Compensation has amended its regulations. The following changes are effective October 8, 2010.

Poster
ALL employers must post a new Notice to Employees to replace the current workers’ compensation poster wherever notices are normally posted – e.g., on the Company bulletin board containing required compliance posters. This Notice must also be posted in Spanish where there are Spanish-speaking employees.

Pamphlet
The required language in the Written Notice to Employees concerning the rights, benefits, and obligations under California’s workers’ compensation law has also been revised. This Written Notice is generally referred to as the “Your Rights to Workers’ Compensation Benefits” pamphlet which must be given to all new hires. This notice must be provided in Spanish to Spanish-speaking employees. For most employers this pamphlet is provided by your workers’ compensation carrier or administrator. Contact your carrier or administrator for pamphlets which meet the new requirements.

MPN Notices (applies only if an MPN is used)
Employers who utilize a Medical Provider Network (MPN) of health care providers to provide medical treatment of work-related injuries have additional responsibilities with regard to notifications to employees. These notices may be provided by mail, included with an employee’s paystub/paycheck or distributed through electronic means, including email, if the employee has regular electronic access to email at work. Notices must be provided in Spanish to Spanish speaking employees.

Implementation Notice: Every covered employee must be notified in writing prior to the implementation of an approved MPN. New employees must be given the notice at the time of hire. The following sample language has been provided in the regulations:

“Unless you predesignate a physician or medical group, your new work injuries arising on or after will be treated by providers in a new Medical Provider Network, If you have an existing injury , you may be required to change to a provider in the new MPN. Check with your claims adjuster. You may obtain more information about the MPN from the workers’ compensation poster or from your employer.”

Complete Notice: Complete written MPN notification about the MPN must be provided to covered employees at the time of injury or when an employee with an existing injury begins treatment under the MPN. This complete notification must also be posted in both English (and Spanish) near the required Workers’ Compensation poster.

Notice Upon Termination, Cessation of Use, or Change of MPN: Every injured covered employee must be given written notice of the termination of cessation of use of an MPN. Every injured covered employee must also be given written notice of a change to a different MPN. These notices may be combined as long as the combined notice meets the requirements of both.

For more information (and copies of new forms) or assistance with the implementation of these new requirements contact Jeanne Flaherty or Lynn Ryder at Employer’s Legal Advisor, Inc.

FMLA Forms and California Law

New Family and Medical Leave Act (FMLA) regulations became effective January 16, 2009. Included in the regulations are a number of new forms for administration of leaves. However, employers in California also must comply with the California Family Rights Act (CFRA) which provides similar rights to take leave for California employees but differs from the federal law on a number of issues. Read more