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  June, 2017

2nd Quarter Update Pt 2 

As we head into vacation season, here are a few updates for changes effective on July 1 as well as a discount on Illness and Injury Prevention Programs during the month June. 

Please let us know if you have any questions! 

 Updates, News and Information

In  San Francisco , businesses of all sizes must increase the minimum wage to $14.00 per hour.

In  Emeryville , the minimum wage will increase to $15.20 per hour for large businesses (56 or more employees). It's estimated to increase to $15.60 on July 1, 2018.
Small businesses (55 or fewer employees) will increase their minimum wage to $14 on July 1, 2017 and then to $15.00 on July 1, 2018. 

After 2018, increases will be tied to the Regional Consumer Price Index and be effective July 1 of that year.

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The National Safety Council has named June its National Safety Month. Each week has a different focus:  

Week 1 - Stand Up to Falls
Week 2 - Recharge to be in Charge (Focusing on Fatigue)
Week 3 - Prepare for Active Shooters
Week 4 - Don't Just Sit There (Focus on ergonomics and lifting)

All of our Illness and Injury Prevention Program (IIPP) clients will receive tip sheets each week which they can use for training and awareness with all staff during the month of June.

If you don't have an IIPP yet, we'd like to inspire you to become compliant so we're offering a 20% discount if you request an IIPP and have your walk-through during the month of June.

Title 8 of the California Code of Regulations requires every employer to develop and implement an effective IIPP.
An effective IIPP improves the safety and health in your workplace and reduces costs by good management a nd employee involvement. The eight required Injury and Illness Prevention Program elements are:
  1. Responsibility
  2. Compliance
  3. Communication
  4. Hazard Assessment
  5. Accident/Exposure Investigation
  6. Hazard Correction
  7. Training and Instruction
  8. Recordkeeping
To be effective your IIPP must:
  • Fully involve all employees, supervisors, and management
  • Identify the specific workplace hazards employees are exposed to
  • Correct identified hazards in an appropriate and timely manner
  • Provide effective training  
Let us know when you'd like to schedule your walk through!

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The new regulations require employers to demonstrate that any criminal history information used in employment decisions is job-related and consistent with a business necessity. 
Employers can demonstrate that the criminal history information is job-relevant in one of two ways:
  • Individualized Assessment of the circumstances and qualifications of applicants/employees excluded by the background check. Before taking an adverse employment action, such as refusal to hire, the employer must give the individual notice of the negative information and a reasonable opportunity for the individual to respond and refute the findings. The employer must consider this information and determine whether an exception is warranted.
  • A Conviction Disqualification Policy (one that doesn't contain an individualized assessment of the facts) properly distinguishes between applicants and employees that do and do not pose an unacceptable risk and that the conviction being used has a direct and specific negative bearing on the applicant/employee's ability to perform the duties or responsibilities necessarily related to the position.
This policy should not include conviction-related information that is seven or more years old.  
Regardless of whether an employer uses a policy or an individual assessment, if the employer gets the criminal information from a source other than the applicant or employee (such as through a third-party background check vendor), the employer must provide the individual with notice and the ability to challenge the factual accuracy of the information before any adverse action can be taken.
Even if the employer can show that a criminal history inquiry is job-related/consistent with business necessity, an individual can still bring a discrimination claim if he/she can show that there is a less discriminatory and more effective alternative means of achieving the business necessity.


Employers with 25 or more employees must provide employees with written notice, on or before July 1, 2017, regarding their rights and protections related to domestic violence, sexual assault and stalking victims' leave. 

  • The rights of victims of domestic violence, sexual assault and stalking to take protected time off for medical treatment or legal proceedings; 
  • Rights to accommodation; and 
  • Protections against discrimination.
A required form must be given to all new employees when hired and to current employees upon request.
The Labor Commissioner is required to develop the form on or before  July 1, 2017. Employers are not required to comply with this notice requirement until the Labor Commissioner posts the new form on its website. As of this writing, it's not available. We'll keep you posted.

Summer is a good time to remind you that a person hired as an
unpaid "intern" must be a student enrolled in an accredited academic program receiving academic credit for the internship or be in a program approved by a public agency to provide training. Otherwise, an employer must pay at least minimum wage for all hours worked.
Many employers want to establish their own internship programs to help high school and college students or non-students who may be new to the employer's business or industry. These types of internships, however, do not qualify as exempt under the state's minimum wage and overtime laws, and the interns in these programs must be paid for all hours worked in accordance with the wage-and-hour requirements applicable to all employers.
DLSE Guidelines
The state Division of Labor Standards Enforcement (DLSE), which enforces wage-and-hour laws in California, has developed the following guidelines for student intern programs. In order to be classified as an unpaid internship, the program or training must meet the following criteria:
  • The training must be part of an established course of an accredited school or of an institution approved by a public agency to provide training for licensure, or to qualify for a skilled vocation or profession; 
  • The program may not be for the benefit of any one employer;
  • A regular employee may not be displaced by the intern or trainee; and
  • The training must be supervised by the school or a disinterested agency. 
Any training program or internship that does not satisfy the above criteria must pay the intern or trainee minimum wage and overtime, as applicable.
If you decide to move forward with a candidate who is a minor, you must acquire the work permits before employing them. Permits are required year-round, even when school is not in session. A work permit limits the maximum number of work days and hours allowed for the minor and the earliest time a minor can start work and the latest time he/she can end work each day.  The permit can also contain limitations on other aspects of the minor's work. 

Poster Requirements for California Employers 2017

Your posters have to be updated every year. The good news is they aren't expensive: $35. Call us for information or to order. 

  REQUIRED! Harassment Prevention Training!   

Employers with 50 or more employees  are required by AB1825 to offer Sexual Harassment Prevention training to management staff every two years. AB2053 requires a component of the prevention of "abusive conduct" as defined in the law. All new supervisory employees must be trained within six months of promotion or hire to ensure compliance. We have made this training as fast moving and entertaining as possible so please keep us in mind when you're ready to schedule your mandated 2017 session. 

We can come onsite to your location and conduct this training for your entire management team or if you prefer, managers can attend our quarterly training at the NLS office. 
Requirement Reminders 
Important reminders about previous year's legislation:
Pregnancy Disability Leave (PDL) - Employers must administer and provide specific timely pregnancy-related notifications, leaves, transfers and accommodations to their CA employees as of 12/30/12. 

Detailed Written Commission Plans are required as of 1/1/13 with certain stipulations and inclusions.
Written offers of employment for all Non-Exempt employees are required as of 1/1/12 also  with certain stipulations and inclusions
Let us know if you need more information or help with either of these requirements.  

As always... call us if you have any questions or need assistance with policy development!

In This Issue
Updates, News and Information
Upcoming Workshops
Open Position Spotlight
Rent Our Space!

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Stay Ahead:  Check out Our Upcoming Workshops

Workshops offered through Next Level Strategies, 1748 Clement Street, at 19th Avenue. (Free street parking or easy bus access.) 

HR 101 Monday, June 12, from 10:30 - 1:00 p.m.  This is a great training for new managers and overwhelmed entrepreneurs. Topics include: paperwork requirements, tip laws, defining exempt and non-exempt employees, defining independent contractors, a variety of wage and hour issues such as meal and rest breaks, what you can and can't ask during an interview, harassment prevention information, safety requirements, discrimination issues, final check and termination requirements, and much more! You're welcome to bring your lunch and we'll provide beverages and snacks. $139.

Sexual Harassment "Make-Up" Training for ManagersMondayJune 12, from 1:30 - 3:30 p.m.  If you have 50 or more employees and any newly hired or promoted managers, you have six months to get them trained under CA's AB1825 law. You may also have managers who missed your company-wide training. This is a great opportunity to get these folks trained and your company compliant. $125

Recruiting and Hiring 101:  Wednesday, June 14, 10:00 - 12:30. It's a candidate's market right now - there is no two ways about it. As a result, many of you are settling for mediocre employees because you don't have a lot to choose from. You're taking our Performance and Termination class in the hope that you can turn an "C" player into a "B" player. Well what if you knew the tricks and process to hiring (and RETAINING!) an "A" player? We'll teach you how to properly identify your needs, write an effective posting, ask the right questions, and hire the best without spending a ton of money. 

Performance & Termination 101: Wednesday, June 14, 1:00 - 3:30. Clients requested we create a training to assist in employee performance management and the termination process. Topics include: coaching, feedback, conflict resolution, proper termination techniques and beyond. 

You can take our, Recruiting and Hiring 101 workshop in the morning, stay for lunch, and take "Performance & Termination 101" in the afternoon (or take one or the other!). A discount will be offered if you take both. BRING YOUR QUESTIONS AND SCENARIOS!

You're welcome to call or Zoom in to the training if you can't make it in person. 

$139 per session or $250 for both sessions, including materials. Snacks and beverages provided for those attending in person. Lunch included for those attending both sessions in person.

RSVP to Taune Lima, 415.876.NEXT or to reserve your space. Space is limited to 10 attendees per training!

We are open to offering weekend or evening workshops by popular demand or be onsite at your location if you have a group to train. Let us know what works for you! 
Open Positions We Seek to Fill + Available Candidates

Recruiting for Architectural positions  for a firm in San Francisco. Seeking Project Architects/Project Designers. 

Several clients are looking for experienced Office Managers.

Please let us know if you know of anyone with interest. You're welcome to forward this information along to friends and associates. 

CANDIDATES: We have several very experienced sales people who are currently looking for work. One is from the banking industry, one from the wine industry and two with deep high tech sales. All but the wine sales candidate would prefer to be individual contributors.

Rent Our Deck or Conference Room!

We have a beautiful deck and conference room available for meetings or workshops.  Our space is a converted Victorian - very homey, peaceful and comfortable - in the Richmond District.  The conference room has a large table which seats eight easily around the table but there is plenty of additional room for participants within the room. There is a large white board and other tools available for your use.  The deck table seats six comfortably, with plenty of room for others, pretty plants and a view.

Call us for photos and rental details!
If any of this is news to you or you need support managing any of the changes, please call us - 415.876.NEXT.  Thank you for reading!

Julie Chendes, Taune Lima, Joy Vail, Cecilia Reynoso

This information is for general use only.  Please consult a licensed attorney for legal analysis and advice.