CalNeva Law Podcast

Brett invites Jared Hague and Travis Hodgkins to the podcast for a discussion about important changes to California’s New PAGA law. They cover key features of the law updates, new legislation nuances, and the importance of speed and taking proactive steps in strategically navigating these claims. Tune in for a list of action items that can be taken now to dramatically limit exposure to costly claims.   Highlights: * Nuances of the California wage and hour law. * The importance of implementing arbitration agreements. * How PAGA works and why it is a challenge for so many California employers. * Steps to minimize liability under a PAGA lawsuit. * Distinctions between class actions and PAGA actions. * First steps and common proceedings in a PAGA lawsuit. * Features and changes of PAGA law that employers need to be aware of. * The minimum bar of four reasonable steps that must be taken to make the best possible compliance case argument. * Updated 2024 reformed violations of note and actions to take in response. * The purpose and benefits of requesting early evaluation. * Deadlines to be aware of — speed is the name of the game here.   Resources: Suttonhague.com [https://suttonhague.com/] Calnevalaw.com [https://calnevalaw.com/]

Jared and Brett invite James Boretti and Johnny Hernandez on to the show to talk about the latest California workplace violence law - SB553. Both James and Johnny have over 60 years of combined experience in OSHA compliance and SH&E Management and have resources to share on what employers can do to reduce the instances of violence on their premises in this podcast episode.    Highlights: * A little bit about your guests James and Johnny.  * There’s been an increase in workplace violence.  * What is the SB553 law all about? * What is considered ‘violence’?  * What are some of the things an employer should be aware of?  * What should a small employer with a limited budget focus on?  * How should you best train your employees about workplace violence?  * It’s important that everyone in the company can recognize the signs and symptoms of the stages of violence and to bring in professionals that can stop it before it becomes irreversible.  * Remember, this is not a one and done. You will have to revisit these resources and keep it top of mind for everyone in the company. * Jared and Brett have a mid-yearly update for California and Nevada employers on June 12 & 13 at 12pm Pacific. Sign up to be notified!    Resources: Suttonhague.com [https://suttonhague.com/] Calnevalaw.com [https://calnevalaw.com/] Borettiinc.com [https://borettiinc.com/]

Jared and Brett talk about the latest legal updates in Nevada that are crucial for employers to understand. They discuss the specifics of Nevada law regarding gender expression discrimination, the implications of temporary furloughs on compensation, and important Nevada-specific minimum wage updates. The episode also talks about the updated definitions of independent contractors and the new legal protections for pregnant and nursing mothers in the workplace.   Highlights: * Follow Sutton Hague on social media? You could be eligible for a Starbucks gift card! * Employers must accommodate religious beliefs unless there is an “undue hardship.” How do you define this? * You have to show a substantial burden. It’s much harder now to deny religious accommodation without documented proof. * Do you need to accommodate a person with gender dysphoria under the ADA? * Things to be aware of under Nevada law on how to best accommodate a person with gender dysphoria. * What does the Nevada law say about discrimination against gender expression? * Can someone have a valid claim for sexual harassment if they deem the music being played in the work environment as offensive and discriminatory? * Some quick Nevada legislative updates. There are some new rules on how workers’ comp records need to be provided. * What happens to a worker’s compensation when you put someone under “non-working status,” like a temporary furlough? * Jared joins the conversation to talk about minimum wage updates. * Let’s talk about the rolling 24 rule. What’s considered a “work day”? * If an employee comes in 10 minutes early, employers could owe them overtime. * Talk to your payroll provider to help you through this process. Many payroll providers do not know about this rule because it’s specific to Nevada law. * This minimum wage law is part of Nevada’s constitution. They take it seriously! * Daily overtime is owed to an employee making less than $15.375 per hour with exceptions and less than $16.875. Jared explains further. * Nevada updated their independent contractor definitions. Jared talks about law NRS 608.0155. * Employers can mistake who their employees are. Just because you say they’re an independent contractor doesn’t mean they are. They might be operating as a full-time employee under the eyes of the law. * Temp employees from a temp agency could be considered independent contractors; now you could be liable for 20‒30 more employees than you thought you did despite hiring a temp agency. * There are new laws for pregnant and/or nursing mothers. You can’t make mothers express breast milk in the bathroom, and employees can now file a lawsuit against this. * Non-compete agreements now violate the NLRA. What does that mean for your agreements?   Resources: Suttonhague.com [https://suttonhague.com/] Calnevalaw.com [https://calnevalaw.com/]

In this episode, Jared and Brett navigate the latest updates in religious accommodation, gender dysphoria under the ADA, and the evolving definitions of sexual harassment. They delve into the significant legislative changes in California, including 30 new pieces of legislation that impact employer policies. Key topics include the implications of SB 700 on cannabis use in the hiring process, the challenges of non-compete agreements under California law AB 1076, and the intricacies of PAGA claims. This episode is a must-listen for employers seeking to stay informed and compliant in an ever-changing legal landscape.   Highlights: * There are new religious accommodation updates that employers need to be aware of. * If you deny someone an accommodation, you have to get ready to justify why you couldn’t accommodate the employee’s religion.  * Is gender dysphoria a protected disability under the ADA? What do employers need to know? * What is considered “sexual harassment”? It’s not just unwelcome physical advances. * There are 30 new pieces of legislature in the state of California. * It’s important to revisit your handbooks and your policies. * When an employee has exhausted all the different types of leave available to them, they can still come back. You are not able to fire them. * Let’s talk about SB 700, which prohibits employers from requesting information from job applicants relating to their prior cannabis use. * What tests can employers use now in the hiring process? * When you’re crafting your policies, you need to have specific language around marijuana use. * The law is going to protect off-duty lawful use of marijuana. * Law SB 428, employers will have an easier time getting a restraining order against a former employee in 2025. * What do employers need to be aware of if an employee makes a safety-related complaint? * You are marching uphill if you want to craft a creative non-compete or non-solicitation agreement under California law AB 1076. * Employees can bring a (Private Attorneys General Act) PAGA claim to an employer and they cannot force it into arbitration. * Independent contractors’ classifications are very difficult to prove in California and if you get it wrong, the penalties are going up. * If you’re relying on criminal background checks to make hiring decisions, you’re going to have to be more thorough and incorporate more documentation into that process.  * The minimum wage will be going up in California. There will be no grace period. * There are some new decisions happening in the National Labor Relations Act (NLRA), which allows employees to communicate with people about concerns about their workplace. * Can employees sign a confidentiality agreement? * Jared and Brett do Q&A. Can employers pay out sick leave balance at the end of the year? * Every employer is going to have to learn about marijuana law and their legal implications more than they thought they would.  * If an employee is absent but they don’t want to take sick leave, what should employers be aware of? * It’s best not to combine PTO and PSO policies. Keep them as separate as possible.    Resources: Suttonhague.com [https://suttonhague.com/] Calnevalaw.com [https://calnevalaw.com/]

This episode is a deep dive into the complexities of state versus federal regulations, the nuances of the Private Attorneys General Act (PAGA), and the critical ABC test for employee classification. From joint employer rules to the intricacies of wage order postings and commission agreements, this discussion is packed with essential insights. Join Brett and Jared as they dissect the critical aspects of wage and hour law compliance, offering a wealth of knowledge to help you steer clear of legal pitfalls and maintain a compliant and efficient workplace.    Highlights: * Don’t forget to follow Sutton Hague on social media!  * So many businesses don’t realize they’re in the red with wage and hour law compliance. * Brett explains the difference between wage and hour California state law vs. federal law.  * This subject can be a constant moving target for employers. It is hard to keep track if you do not have active legal counsel.  * What do people need to know about the Private Attorneys General Act (PAGA)?  * Under PAGA, employees can file on behalf of other employees who suffered from a different violation than they did.  * What is the ABC test to determine if you have an employee vs. an independent contractor?  * You need to know who your employees are and what they’re classified under.  * What is the joint employer rule and how does that affect you conducting business with another business entity?  * In labor code section 2810.3, if you have more than 25 employees and use more than 5 temporary workers from a staffing agency, you share liability over those people.  * Are Vice Presidents with a six-figure salary exempt employees under California law? This is false!  * Wage order posting requirement: What you need to know and how to determine which one to post based on your business. . * You need to have written commission agreements for your employees.  * There is a PAGA penalty for every single labor code violation. Even if you paid your employees correctly, but don’t have the correct agreements in place, you could be subjected to penalties.  * You must have a paper trail. This includes payroll records.  * By the way, rest periods are counted as hours worked. Should you track these ‘rest’ periods? * If an employee asks you for a hard copy of their pay stub, you must give it to them.  * It should be displayed very, very clearly an employee’s overtime wage rate.  * Should employers mail out checks to terminated employees?  * What does an employer do if an employee quits but they weren’t notified until a week after the fact?  * How should employers handle expense/reimbursement issues?  * What are the rules behind employee uniforms?  * When does it make sense to reimburse employees for their cell phone usage?  * There are different ways to reimburse mileage rates. You can do it via a fixed sum or variable sum, but if you vary from the standard IRS rate, the burden of proof is on you.  * Vacation PTO: What should California employers be aware of?  * What do you do if you have an employee on vacation but still answers emails and phone calls?  * How long is an employer required to cover the medical premium of an employee while they’re out on family and medical leave?  * Did you know under California law, employees can not work 7 days a week. However, you can waive this.  * What do you need to know about wage order 4?  * If an employee requests a direct deposit, what do employers need to do to accommodate this?  * There is a salary threshold test for administrative, executive, and professional exemptions. Jared talks about a rule that will be going into effect soon that will push the salary exemption level higher.  * Make sure your job descriptions are accurate and that they correctly describe what your employees are doing.  * What do you do with an outside sales exempt employee that might no longer qualify?  * Do you have to pay employees for travel time to job sites or client locations?  * It’s important employers track the flow of when an employee clocks out vs. when they officially leave the building. The nuances can get you in a lawsuit.  * Should you round up or down when it comes to time? Be careful when you do this. Small increments of time are important to employees.  * California minimum wage is going up! What do employers need to know?  * How do you calculate the regular rate of pay? Why is this so important to get right?  * Longevity bonuses do not have to be included in the regular rate of pay. However, there are caveats.  * How do you calculate the regular rate of pay when there’s a bonus involved? For example, per diem rates?  * Under federal law, there is no required meal rest break, but this is not true in the state of California.  * If an employer doesn’t provide a complaint meal period in a day, you could have two violations and owe one hour of pay for each day you didn’t provide a meal period.  * If the employee doesn’t want to take a meal break, they don’t have to, but it would be best if they signed a waiver confirming this.  * Why does Brett recommend offering employees 35 minute meal periods as opposed to 30 minute meal periods?  * Rest breaks included relieving the employee of all duty; which means they need to refrain from checking email, phones, or even work radios.  * It is very important for managers and supervisors to also understand the rules behind rest breaks and meal periods. Ideally, there should be regular training for this in your workplace.  * Can a class action waiver apply to PAGA claims? The answer is no!  * You should still have an arbitration agreement in place. You also have to pay for the cost of the arbitration in order for this to be enforceable.  * Look out for Sutton Hague’s webinar schedule for next year!    Resources: Suttonhague.com [https://suttonhague.com/] Calnevalaw.com [https://calnevalaw.com/]