Busi­ness, HR pro­fes­sion­als get break­down

The Signal - - Business - By Tammy Murga Sig­nal Staff Writer

About 100 busi­ness and hu­man re­sources pro­fes­sion­als gath­ered Fri­day at Col­lege of the Canyons to re­ceive a break­down by lo­cal at­tor­ney Brian Koe­gle of the lat­est Cal­i­for­nia em­ploy­ment laws.

“Ed­u­ca­tion is power and if em­ploy­ers are ed­u­cated on the laws, then they are able to make in­formed busi­ness de­ci­sions,” said Koe­gle, a lawyer with Poole and Shaf­fery, LLP.

Koe­gle reviewed fed­eral and state reg­u­la­tions and re­cent case law on sev­eral top­ics in­clud­ing sex­ual ha­rass­ment in the work­place, on-duty rest pe­ri­ods and em­ploy­ment ar­bi­tra­tion agree­ments in the state. Here’s what he had to say on these up­dates:

Un­paid time

When it comes to keep­ing track of em­ployee hours, Koe­gle said it is vi­tal to doc­u­ment work “minute-by-minute.”

The courts had pre­vi­ously de­ter­mined it was im­prac­ti­cal to keep track of ev­ery minute pos­si­ble, un­til Troester v. Star­bucks Corp., which ruled that em­ploy­ers are re­quired to pay for ev­ery minute worked.

“(Courts ruled that) if it ben­e­fits the em­ployer in any way, shape or form, the em­ployer must now pay for it,”

said Koe­gle. “There is no loop­hole. What that means for you is that… time records that you main­tain… are ac­cu­rate, true and that you’re com­pen­sat­ing them for all of their ac­tual hours, min­utes worked for your busi­ness.”

In­de­pen­dent con­trac­tors

Ear­lier this year the state’s Supreme Court estab­lished new rules for de­ter­min­ing who is con­sid­ered an in­de­pen­dent con­trac­tor or an em­ployee.

Busi­nesses must show the fol­low­ing in or­der to clas­sify some­one as an in­de­pen­dent con­trac­tor: the worker is free from em­ployer con­trol and di­rec­tion, per­forms work out­side of the busi­ness core and that the in­di­vid­ual cus­tom­ar­ily en­gages in an estab­lished trade or busi­ness.

Sex­ual ha­rass­ment

There are four new pieces of leg­is­la­tion that em­ploy­ers must com­ply with come Jan­uary 2019. One of them, Se­nate Bill 1343, stip­u­lates that busi­nesses with 50 or more work­ers must pro­vide su­per­vi­sors with two hours of sex­ual ha­rass­ment train­ing within six months of hire or pro­mo­tion. The same will be re­quired for em­ploy­ers with five or more em­ploy­ees, and one hour of such train­ing is to be pro­vided to non­super­vi­sory em­ploy­ees, but not un­til Jan. 1, 2020.

Dan Wat­son/The Sig­nal

Poole and Shaf­fery, LLP’s Brian Koe­gle, right, gives a pre­sen­ta­tion at COC.

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