New Year Review
With the New Year, I have been asked to review a couple of new additions to California employment law and to review some of the more complicated apprenticeship requirements.
The Minimum Wage in California has risen again, to $12.00 an hour for employers with 26 or more employees and to $11 an hour for employers with 25 or less employees. But wait, it gets more complicated because if you work in any number of cities, these local governments have minimum wages up to $15 an hour.
So just be aware that a city you work in may have a higher minimum wage than the State.
New Sexual Harassment Training required for all employer with more than 5 workers. All supervisors must have 2 hours of training every two years. All rank and file employees must have 1 hour of training. The California Chamber of Commerce has prepackaged training you can purchase.
Training Contributions must be made for all hours worked. There is no exemption due to the size of the project or whether or not the individual performing the work is an owner, partner or corporate officer. All hours worked trigger the obligation for training contributions, which must be made monthly (by the 15th of the month). Contributions can go to any California approved apprenticeship committee or to the California Apprenticeship Council (using a CAC-2 form).
DAS-140 is required on any project where the prime contract exceeds $30,000. A DAS-140 must be filed within 10 days of signing the contract, but NOT LATER THAN the first day worked on the project. If the contractor is already affiliated with an apprenticeship committee, the contractor will check box 1 and send the form to that program. A copy of the form should accompany your first certified payroll (CPR) to the prime contractor or the Agency. If you are not affiliated with an apprenticeship committee, you must check either box 2 or 3 and then send the form to ALL approved apprenticeship committees for that craft in that county (which might mean more than one form is sent out).
DAS-142 is required on any project where the prime contract exceeds $30,000. A DAS-142 requests an apprentice. 72 hours notice must be provided (excluding weekends and holidays) If you do not have an apprentice employed to meet the 1:5 hourly ratio of apprentice to journeyman, you must request apprentices from all committees until you have asked each committee in the county at least once and no further apprentices are available. You must make the request to all committees even if you are affiliated with an apprenticeship committee (union or otherwise) if your affiliated apprenticeship committee cannot dispatch apprentices to meet the 1:5 ratio.
The penalty for noncompliance is $100 per day assessed by the DIR.