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NEW LAW! Employees of small employers entitled to maternity/paternity leave

Employers with 20+ Employees Must Provide Maternity/Paternity Leave

Beginning January 1, 2018, employers with 20 or more employees will need to provide up to 12 weeks of maternity/paternity leave to eligible employees.  Eligible employees must have worked for the same employer for at least 12 months and worked 1250 hours during the past 12 months.  The employee must perform work at a site where there is at least 20 employees within a 75 mile radius.

Employer Requirements

  1. The employee must be returned to their previous position upon returning from their leave.
  2. Employers must maintain the employee’s health insurance during the leave.
  3. The leave is unpaid.

Failure to provide the leave will be considered an unlawful employment practice and could result in costly litigation.

What do I need to do to prepare?

Employers impacted by this law will need to make sure that they are aware of how to handle a request for baby bonding leave.   This will undoubtedly mean training your staff, providing required forms, and understanding how to manage and track leaves of absence.

 

 

 

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New Agriculture Overtime Rules – Governor Brown Signs Bill

On September 12, 2016, Governor Brown signed into law Assembly Bill 1066.  Assembly Bill 1066 will incrementally raise overtime wages for agricultural workers over four years, ultimately matching other industries by requiring time-and-a-half pay for more than eight hours in a day or 40 hours in a week.

AB 1066 Basics:

Definition of “Employee” – any person performing any work in an agricultural occupation.

How much and when will depend upon on the number of persons employed.  The schedule is listed below.

More than 25 Employees:

  • 2019 – Employers must pay employees working more than 9 1/2 in any one workday or more than 55 hours in any one workweek, one and one-half times that employee’s regular rate of pay for all hours worked over nine and one-half hours in any workday or over 55 hours in any workweek.
  • 2020- Employers must pay employees working more than 9 hours in any one workday or more than 50 hours in any one workweek, one and one-half times that employee’s regular rate of pay for all hours worked over nine hours in any workday or over 50 hours in any workweek.
  • 2021 – Employers must pay employees working more than 8 1/2 hours in any one workday or more than 45 hours in any one workweek, one and one-half times that employee’s regular rate of pay for all hours worked over eight and one-half hours in any workday or over 45 hours in any workweek.
  • 2022 – Employers must pay employees working more than 8 hours in any one workday or more than 40 hours in any one workweek, one and one-half times that employee’s regular rate of pay for all hours worked over eight hours in any workday or over 40 hours in any workweek.
  • 2022 – Any work performed by a person, employed in an agricultural occupation, in excess of 12 hours in one day shall be compensated at the rate of no less than twice the employee’s regular rate of pay.

    25 or Fewer Employees:

  • 2022 – Employers must pay employees working more than 9 1/2 in any one workday or more than 55 hours in any one workweek, one and one-half times that employee’s regular rate of pay for all hours worked over nine and one-half hours in any workday or over 55 hours in any workweek.
  •  2023 – Employers must pay employees working more than 9 hours in any one workday or more than 50 hours in any one workweek, one and one-half times that employee’s regular rate of pay for all hours worked over nine hours in any workday or over 50 hours in any workweek.
  • 2024 – Employers must pay employees working more than 8 1/2 hours in any one workday or more than 45 hours in any one workweek, one and one-half times that employee’s regular rate of pay for all hours worked over eight and one-half hours in any workday or over 45 hours in any workweek.
  • 2025 – Employers must pay employees working more than 8 hours in any one workday or more than 40 hours in any one workweek, one and one-half times that employee’s regular rate of pay for all hours worked over eight hours in any workday or over 40 hours in any workweek.
  • 2025 for farms with 25 or fewer employees, employees working more than 12 hours a day would earn double pay.