Author: SweeterHR

The ability for employers to examine employee I-9 documentation “remotely”-an exception made to in-person examination put into place during COVID-19, is being discontinued effective July 31st 2023. The US Dept. of Homeland Security and ICE are again requiring that an appointed employer representative examine the original and authentic accompanying documents provided by new hires and other employees in-person during the I-9 completion process, meaning:

1.    Employer representatives are required to retroactively conduct a physical review of the original supporting documents for anyone whose I-9 was completed remotely. The deadline to do so is August 30th.

2.    Beginning on August 1, 2023, physical and in-person documentation review is required by the new hire’s third day of employment.

According to the US Citizenship and Immigration Services (USCIS), Employers may choose to use an authorized representative to fill out their portion of the Form I-9 on their behalf.  Authorized representatives may also complete the in-person inspection as needed. This is a manageable alternative for fully remote workforces, as the authorized representative may be an employee’s friend, neighbor, relative, or similar.

New updates to the Fair Labor Standards Act, Family Medical Leave Act, and Pregnant Workers Fairness Act have just been released. These changes require that the mandatory employment law posters be updated.

These changes include:

The Pump Act was added to the Fair Labor Standards Act (FLSA) in May 2023.

Access the revised FLSA poster HERE

The Family Medical Leave Act (FMLA) was updated in its entirety, also in May 2023

Access the revised FMLA poster HERE

Employers are now required to post the Pregnant Workers Fairness Act (PWFA), as of June 2023

Access the new PWFA poster HERE

Don’t forget to post your new and updated employment posters in high-visibility locations where all your employees can review them!

Businesses in the following localities must adjust to the increases as they go into effect on July 1, 2023:

California New Minimum Wage Increases:Fremont : $16.80
Los Angeles (city): $16.78
Los Angeles (county – unincorporated areas): $16.90
Malibu: $16.90
Pasadena: $16.93
San Francisco: $18.07
West Hollywood: $19.08
If you are an employer in an affected area, please ensure that your business’s minimum wage is updated.

Lower-earning workers in California can soon receive up to 90% of their regular wages through State Disability Insurance (SDI) and Paid Family Leave (PFL) program benefits. Other eligible employees in the state of California can receive up to 70% of their regular wages.

Currently, lower-income employees receiving benefits under these programs can expect to receive up to 70% of their base pay, while their higher-earning counterparts can receive up to 60% of their base pay, to the weekly benefit cap of $1,620.00.

Gavin Newsom, CA’s governor, signed these changes (Senate Bill (SB) 951) into law late last September to take effect beginning January 1st, 2025. In preparation for these expanded benefits, the in-force payroll tax limit will be lifted on January 1, 2024, affecting California workers making more than $153,164 per year.

To prepare for these changes, do not wait to coordinate with your payroll servicer about the upcoming tax implications, and discuss these updates with your employees, including the increased SDI and PFL benefits they could be eligible for in 2025.

By Lauren Amabile Sr. HRBP

The NLRB overruled a 2020 precedent related to the consequences faced by employees who use profane and/or harassing/discriminatory remarks during arguments at work in its May 1st decision in a case involving a manufacturing company based in Texas (Lions Elastomers, LLC.).

An employee of Lions Elastomers participated in a tense and “offensive” confrontation with company leadership over the workplace conditions—considered protected activity by the NLRB, resulting in his termination in 2017. The case was eventually handed to the Board following an appeals process and, at the time, the NLRB considered the dismissal to be unjust and ruled in favor of the employee’s reinstatement.

This ruling is particularly noteworthy for employers, as it returns the NLRB to a position of bolstered protections for workers participating in protected actions under the National Labor Relations Act. Though this recent decision is working its way through the appeals process, it is recommended that companies increase their consideration process when it comes to reprimanding employees for their conduct during disputes related to concerted activity.

The Board recognized in their decision that, while employers are understandably interested in an orderly and considerate work environment and employee relations, disputes related to working conditions can be caustic in nature and therefore, workers should be given grace related to their conduct in the heat of the moment, so as not to infringe on their rights under Section 7 of the NLRA.

According to the 2-person majority opinion, the employee’s behavior and conduct must be reviewed in the context of participating in concerted activity, and not as if it happened during regular business operations.

Research suggests that earned wage access is becoming more popular in how companies pay their employees. EWA is a revolutionary concept where employees can access their earned wages as early as the same day. Studies have shown that 60% of workers want on-demand pay, which increases a business’s ability to attract, retain and motivate employees. Simply having the option to request earned wages provides a higher sense of security for workers, even if they don’t utilize it. Earned wage access is an awesome way to stay ahead of the competition but there are some compliance items to think about. Here are 4 best practices when considering this benefit.

Ensure you have written policies that are compliant with state and federal laws including privacy and Paycard laws.

Get the consent of employees when sharing information to providers.
Consider benefits, implications and withholdings.
Research EWA providers and partner with experienced companies.
Have an attorney review for compliance risk