Questions & Answers:
Does the Fair Pay act apply to a company with headquarters in Kentucky who may have a couple of employee who live in Californa and travel to job sites in Californai and other states?
Yes, It is for the benefit of the employee, if they are working in California, they are under jurisdiction of California state Law.
Gender identity rights have been changed by President Trump - How is this affecting the CA law?
Trump only eliminated the protection at schools, it did not apply to any private employers, nor does it affect the new law requiring that businesses provide unisex single-use toilets.
Going back to Fair Pay....Does Education level count towards justification for disparity in pay. For example, in a pharmaceutical company, employees can be promoted to Scientist level if they have X years of industry experience and only have a BS, but we would prefer a PhD for that same Scientist level and due to years of educational training, don't need as many years of industry experience. Would that be acceptable?
Yes; you can differentiate between levels of education—so I would have a scientist position (with a BS) and a Senior Scientist position with a PhD—separate job titles with different rates of pay..
If the applications says convinced of a Felony do you have to change it?
Unless your job requires people to carry a firearm, or the job requires clean records, then you cannot ask; and yes, you need to remove it from your application.
Does Ban the Box apply to companies who are not located in California but considering candidates in CA?
Only currently located in the city of LA, but we recommend removing it entirely from your application.
Are we required to make copies of provided I-9 documents?
Unfair Immigration Practices--what if your rehire process requires new I-9 form and e-verify is that allowed?
No. you should not require new forms; once they fill out a form, they are done. But perhaps I am missing a part of your question—please contact me.
Domestic Workers - Is there any penalty if you pay OT for Over 8 and over 40 or if we change to 9 and 45 would there be a penalty to roll over?
No—if you pay over 8 and 40,then you are paying too much; the law requires over 9 and over 40 hours in a week.
"rest" periods are paid.... Lunch is not...
Yes. You need only provide a 30-minute unpaid meal period.
what happened if a manager text an employee during their rest break for a work related question on a company issued phone? Our manager does not know the employee is on break. Can we ask employees to tell managers that they're on break and call back? Will that be sufficient?
Yes.—just make a note of it and make sure they get an extra minute or so (I know it sounds ridiculous, but that would be the safest practice).
The signs for the single use bathrooms. Is there a grace period for getting the signs up?
No; the law goes into effect March 1, 2017.
If they get into an accident during their break, will employers be liable, since they are still in "working time"?
During their rest break—yes; during their meal period—maybe. They can make a Workers Comp claim I either situation—but the employer is not liable for their at-fault accidents.
We front load sick time on January 1st. If a team member is out on LOA at that time can we wait until they return from LOA, FMLA, etc. to front load their sick balance?
No. You front-load it on January 1; if they want to use it while on leave, they can; but if they never return, and don’t use it, you don’t have to pay them for it.
Are hours worked inclusive of travel time to California or only when "boots are on the ground?"
Travel time MUST be compensated between work sites; regular commute time does not count, however.
what is the definition of Transporation Network company?
Companies like Uber and Lyft that “connect” the driver and the passenger.
A team member works their regular shift and clocks out for the day. They are walking to their car to leave the premises and receives an "on-call" call. They return and work for 15 minutes but we pay them for 2 hours. They are leaving the premises again and receive another call. Do we have to pay them another 2 hours for that call?
No. You only have to pay them for the time they are actually working.
Regarding gender bathrooms, knowing if a woman is dressing according to thier gender identify might be nore difficult to ascertan since women wear pants and "shirts" regulary. Is the employee requied to disclsoe their gender identity to the employer?
No. The point is just that an employee may use the bathroom that they identify with; if a man identifies as a female, they can use the women’s restroom; you should be able to tell; if there is an issue, that is when you call us.