Business, HR professionals get breakdown
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:
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.”
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.
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.
Poole and Shaffery, LLP’s Brian Koegle, right, gives a presentation at COC.