Bottom Line Human Resources Issues
Summer 2020
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Read on for important updates about non-COVID related topics, July 1st Minimum Wage changes, practical tips for teleworking, a deadline update for CalSavers, and a Form I-9 update.
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A Few Other Matters Creeping into These Unprecedented Times
By Kim Silvers, SPHR, PHRca
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How many ways can we say “unprecedented” without repeating this dreadfully overused term? We’ve sent out weekly COVID-19 updates since the first week in March. I’m over it. How about you? Oh, but wait – the waves of the “Return from COVID-19” adventure continue to roll in. So, in these unparalleled times, there are a few things coming in we want to share. We’ve decided to forgo any talk about the PPP, FFCRA, EPSL, EFML, CARES and any other number of acronyms we’ve all learned this spring. (And if you don’t know those acronyms...well then, you’re either not reading our emails or you’re not an HR nerd.)
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Minimum Wage Increases for July 1
(Local Ordinances)
The following cities/counties have a minimum wage ordinance that exceed the State minimum wage.
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Links to the city ordinances and notices are in our library
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As the Pandemic Subsides, Working from Home Is Here to Stay: Best Practices for Employers as They Prepare for Long-Term Teleworking
By
Jennifer Duggan and Susanna Matingou
In this uncertain era of COVID-19, at least one thing is sure: teleworking is not going anywhere. Our collective initial foray into mass teleworking was abrupt, mandatory, and perhaps best described as trial by fire. However, even as they re-open their doors, many employers are considering extending their teleworking arrangements into the foreseeable future. Many of our clients and colleagues have discovered employees have thrived on a 30-second commute, the ability to wear whatever they want to work (Zoom calls notwithstanding), flexible scheduling, and other morale-boosting effects of working from home. Moreover, employers have realized that there may be significant cost-savings to maintaining a smaller, more streamlined brick and mortar presence.
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State Run Retirement Plans
By Kate Kriner
*We posted this article in Spring 2019--we are posting it again to remind those of you with
100 or more employees you need to be registered in the program or offer another retirement plan by September 30, 2020 (they just announced this change to the original deadline of June).
As your efforts to retain good employees in the current labor market become more challenging, you might have considered offering a Retirement Saving Plan to your employees and for one reason or another decided against it. Well, the State of California beat you to the punch and will require such plans for employers beginning July 1, 2019.
In 2016, CA enacted the CalSavers Retirement Savings Program with the passing of SB 1234, which you may have read about in our 2017 Employment Law Overview. This bill gave the Board (California Secure Choice Retirement Savings Investment Board) three years to design and implement a program for those employers that do not currently offer a retirement plan and have 5 or more employees. If you do not offer any sort of retirement plan (i.e., 401(k), SIMPLE IRA, etc.), now’s the time to read on….
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If you have been keeping up-to-date with our FAQs, we had previously answered a question about completing the Form I-9 with remote employees...
Here’s the good and short answer from the DHS:
Due to precautions being implemented by employers and employees related to physical proximity associated with COVID-19, the Department of Homeland Security (DHS) announced that it will exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (INA). Employers with employees taking physical proximity precautions due to COVID-19 will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence. However, employers must inspect the Section 2 documents remotely (e.g., over video link, fax or email, etc.) and obtain, inspect, and retain copies of the documents, within three business days for purposes of completing Section 2. Employers also should enter “COVID-19” as the reason for the physical inspection delay in the Section 2 Additional Information field once physical inspection takes place after normal operations resume. Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field on the Form I-9, or to section 3 as appropriate. These provisions may be implemented by employers for a period of 60 days from the date of this notice OR within 3 business days after the termination of the National Emergency, whichever comes first.
Employers who avail themselves of this option must provide written documentation of their remote onboarding and telework policy for each employee. This burden rests solely with the employers.
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Silvers HR, LLC
This ezine is intended as a communication and thought provoking tool for our clients and friends.
It is not legal advice.
© 2020 Silvers HR, LLC. All Rights Reserved
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