Employment Compliance Alerts

On occasion, we send Compliance Alerts notifying our clients of changing laws that may affect them. In case you missed them, below is a summary of those alerts. See a state that is applicable to you? Click on it and read the valuable information we have previously sent out to our clients.
Cal Savers Retirement

“CalSavers”

“CalSavers” was designed to give Californians an easy and simple way to save for retirement. California launched a pilot program back in November 2018 that will begin the process of offering an estimated 7 million workers in CA the opportunity to contribute to an Individual Retirement Account (IRA) and get on track for their future.

California employers are required to facilitate “CalSavers” if they don’t offer an employer-sponsored retirement plan and have five (5) or more employees.

Employers don’t have to wait to begin helping their employees save for their future. Employers of all sizes can register for the program beginning July 2019, but no later than the following deadlines:

  • An employer employing 100 or more employees: June 2020
  • An employer employing 50 to 99 employees: June 2021
  • An employer employing 5 to 49 employees: June 2022

You will be notified by “CalSavers” when it’s time for your business to register. You’ll need three pieces of information before you begin:

  • Federal Employer Identification or Tax Identification Number (EIN/TIN)
  • CA Employer Payroll Tax Account Number
  • “CalSavers” access code from your notification.

For more information on “CalSavers,” please see visit https://www.calsavers.com/

Harassment Prevention Law

In the fall of 2018, the California State Governor signed Senate Bill 1343, which added a new training requirement for small employers.  

New Mandatory Training

As of January 1, 2019, all employers with five (5) or more employees must provide training to all employees. All current employees must be trained by January 1, 2020.

The training must be two (2) hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees. For non-supervisory employees, the training must be one (1) hour of classroom or other effective interactive training and education regarding sexual harassment.

The training may be conducted with other employees, as a group, or individually, and broken up into shorter time segments, as long as the two-hour requirement for supervisory employees and one-hour requirement for non-supervisory employees is reached.

Once this initial training is completed for each employee, supervisors and non-supervisory employees must receive training once every two (2) years.

New employees: This training must occur within six (6) months of the employee’s assumption of a position.

Temporary or seasonal employees: must be trained within 30 calendar days after the hire date or within 100 hours worked if the employee will work for less than six months.

Developing the Training

The Department of Fair Employment and Housing (DFEH) is required to develop and make available on its website the one-hour and two-hour training courses for supervisory and non-supervisory employees. Employers may develop their own training platforms, or hire a third-party to provide the training, as long as the training provided complies with the law’s requirements.

Additional Information

Click here for the FAQs on the DFEH website.

Click here to read the text of the bill.

For a “Toolkit” on these new requirements that has been created by the DFEH, please click here and here.

DELAWARE HB 360SEXUAL HARRASSMENT NOTICE

Sexual Harassment Prevention Law

Effective January 1, 2019, most Delaware employers have new requirements for managing sexual harassment prevention. This new law, as described below, is applicable to all employers who have 4 or more employees.

Part 1: Notice Requirement

Employers with 4 or more employees must give notice to employees of their right to be free from sexual harassment at work. The Delaware Department of Labor has published a notice for this purpose. Employers must distribute the notice, either electronically or physically, to new employees at the commencement of employment. All current employees must be given notice by July 1, 2019. Click here for the notice.

Part 2: Mandatory Training for Non-Supervisors

This part of the law is applicable to all employers with 50 or more employees.

By January 1, 2020, all current employees, excluding applicants and employees who are employed for less than six (6) continuous months, must be provided with interactive training and education on the prevention of sexual harassment. Training topics must cover the following:

  • The illegality of sexual harassment
  • The definition of sexual harassment using examples
  • The legal remedies and complaint process available to the employee
  • Directions on how to contact the Delaware Department of Labor
  • The legal prohibition against retaliation

Once all current employees have been trained, all newly hired employees should be trained in the same manner within one (1) year of the commencement of their employment.

Part 3: Mandatory Training for Supervisors

For employers with 50 or more employees who also employ Supervisors, additional training requirements exist.

By January 1, 2020, all current Supervisors must receive training that covers all of the above plus the following:

  • The specific responsibilities of a supervisor regarding the prevention and correction of sexual harassment

Once all current Supervisors have been trained, all newly hired Supervisors should be trained in the same manner within one (1) year of the commencement of their employment in a supervisory role.

Training for Supervisors must be repeated every two (2) years thereafter.

Additional Information:

According to the bill, the definition of an employee is: “an individual employed by an employer and includes state employees, unpaid interns, applicants, joint employees and apprentices.”

To read the full text of the bill, please click here.

MA MANDATORY POSTERMA PFML – Notice to EmployeesMA PFML – Notice to Self Employed Individuals

“Paid Family and Medical Leave (PFML)”

The PFML mandate creates an insurance program that will be administered by the MA Department of Family and Medical Leave. This program will be funded through payroll contributions made by employers and covered individuals.

Starting January 1, 2021, the PFML will require employers to provide eligible employees with up to 26 weeks of paid, job-protected family and medical leaves of absence.

Here are the key components to this new law:

Financial Contributions

As of July 1, 2019, all employers will be required to start making financial contributions to support the program. The initial rate is 0.63% of each employee’s wages on the first $132,900 of an individual’s annual gross earnings. The gross earnings threshold may be adjusted annually.

For more information about these contributions, particularly as it relates to contracted workers, please click here to visit a published toolkit for employers.

Private Plan Exemption

Employers already providing paid leave benefits that are as generous as the benefits provided by the PFML law can apply for an annual exemption through the MassTaxConnect portal beginning April 29, 2019.

Mandatory Quarterly Reporting

Starting October 2019, employers are required to begin providing quarterly reports through MassTaxConnect. Employers are expected to provide information that includes the name, social security number, and wages paid or other earnings for each employee and contracted service provider.

Notification to Workers

All employees and contractors must be notified of their PFML benefits. Employers may accomplish this by doing all of the following:

  • Displaying the mandatory workplace poster at each of their MA locations. Click here for the mandatory poster.
  • On or before May 31, 2019, provide written notice to their current employees and contractors of PFML benefits, contribution rates, and other provisions.
  • Provide written notice to new hires within 30-days of their first day of employment.
  • Provide written notice to contractors upon entering into a contract for services.

Click here for an employee notice provided by the Department of Family and Medical Leave (DFML).

Click here for a contractor notice provided by the Department of Family and Medical Leave (DFML).

Actions to Take Now

1) Set up a MassTaxConnect account.

2) Determine whether or not you can apply for exemption and immediately do so when the portal is available on April 29, 2019.

3) Begin taking appropriate deductions from payroll by July 1, 2019.

4) Provide all appropriate notices as required.

5) Update policy manuals to include leave available under PFML before leave can be taken beginning January 2021.

NOTE: For all current clients in 2020, we will ensure all MA policy manuals are updated appropriately.

Sexual Harassment Prevention Law

Earlier this year, the New York State Governor signed the state budget bill which contained a new law regarding harassment prevention. This new law has several parts, as described below, and is applicable to all employers.

While this law passed months ago and went into effect as of October 9th, New York did not issue the required information for implementation until late last week. Since then, we have worked hard to pull the information together and get it to you as quickly as possible. We appreciate your patience.

Part 1: Harassment Prevention Policy

All employers must provide employees with an anti-harassment policy as well as a complaint form that employees can (but are not required to) use to submit concerns. Employees may receive the policy either in writing or electronically. If the policy is provided electronically, your employees must be able to print a copy for their own records. You must issue this policy to all current employees immediately. For any future hires, this policy should be given immediately upon hire.

Part 2: New Mandatory Training

By October 9, 2019, all employees must be provided with anti-harassment training. Once all current employees have been trained, all newly hired employees should be trained in the same manner immediately.

Part 3: New Poster (Optional)

This poster, which is an optional tool, is one way to direct people to your harassment prevention policy and should be displayed in a highly visible place.

Part 4: Restrictions on NonDisclosure Agreements and Arbitration Provisions

No action on your part for this unless you have any nondisclosure agreements or arbitration provisions implemented at your business that must now be reconsidered. Given the nature of these, please contact an attorney for compliance corrections.

Additional Information:

For a “Toolkit” on these new requirements, please click here. For additional information, please visit: https://www.ny.gov/programs/combating-sexual-harassment-workplace