Questions & Answers:
Below are the questions submitted during the live webinar, along with the answers provided by Muhannad Malki. If you have questions of your own or require further information regarding You, the Cloud and Cyber Liability,
feel free to contact intouch Insurance Services. (see contact information to the left).
Is there some way to get a copy of the power point?
Yes, the powerpoint will be provided in the thank you email sent out two hours after this presentation
If you are a Florida employer but your employee travels to California site for work, can you confirm we would have to follow the overtime requirement for CA?
Yes, any work done in California must follow California overtime requirement.
I thought there was also a computer exemption but you included them in the administrative exemption. Can you expound?
Yes under California there is a computer profession exemption, must be programming, must be producing new software. Must earn over 100,000 dollars.
Is this presentation primarily based upon California law?
Yes, any employee who performs any work at all in California, for the time they are performing work within the limits, they are entitled to everything under California labor law.
What do you see the trend with classification of Client Managers (represnetatives) and Project Managers?
Project managers, probably more likely to stay exempt under the admin exemption. Why not turn everyone to hourly. Client service managers, probably not exempt.
Regarding local min wages - some locations say pay $X amount if you are an employer of a minimum of X employees. We are located on one coast and employment of the 1 person is in the location with a local minimum wage law...do we count our "minimum number of employees" for compliance to be only those employees in that location OR count all employees across the total payroll all locations?
Yes, again, California can only tell you what to do in California, can’t tell you what to do with out of state. Employee count is by who is in California. Local ordinance can only refer to employees within that local jurisdiction.
If we have two individuals who perform similar work (ex. controller) but one is at a location of 40 employees and one is a location of 200 employees, would this be considered "substantially similar work"?
It will be an issue that would have to be litigated. There is a strong argument that these positions are not substantially similar, but ultimately this could be grounds with litigation. It would not be ok to pay them five times as much despite the fact that the department is five times as big.
But a pet is very different than a service animal. Pets are not allowed but service animals are. Should you have mentioned a distinction?
Under federal law, the ADA only recognizes service animals, who are only defined as dogs. In California, you are dealing with emotional support animals, which are recognized as anything with a doctors note. Not required in any other state that I am aware of.
Service animal is a dog. Not in California, in California we have the FEAHA, which does not define what a service animal is, it can be pretty much anything. Emotional support or comfort animals can be anything. They are not considered service animals under the ADA but they are considered request to reasonable accommodation.
Please cover the non-deduction law again. If an employee agrees to deductions for damages to equpiment or equipment not returned after employment terminates is it allowed?
No, good question. The only deduction that can be taken out of a paycheck would be loans. If I lose a laptop, or break it, or spill wine, I can never agree to pay back for that. You cannot make any deductions from a paycheck except for a loan or a withdrawal for medical benefits. Would not advise to take anything out of an employee’s final paycheck.
Are small businesses with fewer than 50 employees exempt from ADA regulations?
No, ADA applies to everybody. Many liability issues for accessibility, even just for one employee.
RE: Overtime in California We have hourly employees who receive monthly commissions. Should we be increasing their overtime hourly rate to include these commissions? Also we pay an insurance waiver credit. should we also include these to increase their OT hourly rate?
No, any kind of benefit situation does not go it no the regular rate of pay to determine OT hourly rate. There is something called a blended rate of overtime but is very complicated, NOVAtime automatically calculates that.
Is the mandatory AntiHarassment training every 2 years specific to CA or is that everyone?
Specific to California
the map for LA City was unclear - is there a better map other than side we can have access to?
Names in red represents names near LA but not in LA, black names represent areas which are in the city of Los Angeles.