The DOL also released a new FMLA poster. The new FMLA poster must be posted by employers covered by the FMLA no later than March 8, 2013. Download the free posting here.
For more information, including the new rule, a military leave guide, fact sheets and other materials, visit the DOL website.
American Taxpayer Relief Act- On January 1, 2013, Congress passed the American Taxpayer Relief Act of 2012, averting the "Fiscal Cliff." CCH produced a briefing with great information about the American Taxpayer Relief Act of 2012. To review the briefing in its entirety, click here .
Health Care Reform and Full Time Employment- “The term ‘full-time employee’ means, with respect to any month, an employee who is employed on average at least 30 hours of service per week,” section 1513 of the law reads. (Scroll down to section 4, paragraph A.)
More information on: How Health Care Affects Business
Wage Theft Protection Act- Click here for the full text of the Bill. New Hire Disclosure Form -As of April 12, 2012, the DLSE has updated this written notice. Any employees you hire after 4/12/2012 should receive this updated form.
The Brinker Decision: As a result of the decision, employers have to provide meal breaks, but do not have to ensure employees take their meal breaks. Employers will need to examine their meal and rest policies and shore up their timekeeping practices. For some of frequently asked questions about the Brinker decision, click here .
San Francisco Employment Law Postings
Federal Government Forms
- Employment Determination Guide
This worksheet is to be used by the proprietor of a business to determine whether a worker is an independent contractor or an employee.
- Fair Credit Reporting Act (FCRA)
Summary of your FCRA Rights (new 2013 form)
Notice and obligation to users of Consumer Reports under FCRA
- Internal Revenue Service (IRS)
- Download the 2012 W4 forms, or many other IRS forms.
- Effective 1/1/08: An employer must notify all employees that they may be eligible for the federal Earned Income Credit (EIC) by giving them a separate notice in addition to the notice that appears on the federal Form W-2. Click here for a sample notice.
- Earned Income Credit (EIC) notice and instructions: Download Notice 797 and the W5 form.
- IRS Form W-11: Hiring Incentives to Restore Employment (HIRE) Act Employee Affidavit
- Draft Form 941- Quarterly Return
- I-9 Form - U.S. Citzenship & Immigration
- The INS has recently (6/5/09) made changes to the I-9 form. Click here to download the current I-9 form and I-9 Handbook.
- For more information on I-9 verification, including the E-Verify program click here.
- For more information and helpful links for I-9, click here.
- Social Security Number Verification
- This service allows employers to match an employee's social security number and name with Social Secuirty records. Verification can be done only after the individual has been hired.
- Equal Employment Opportunity Commission
- EEO 1 report and instructions: All employers with 15 or more employees are covered by Public Law 88-352 and are required to keep employment records as specified by Commission regulations. Based on the number of employees and federal contract activities, certain large employers are required to file an EEO-1 report on an annual basis. For the instruction booklet, click here. A sample form is available in PDF format, click here.
California Government Forms
- Pregancy Disability - Fact Sheet
- CA Child Labor Law Pamphlet
- Looking to hire a student to help clean your offices on the weekends and in the evenings? Sounds like a good idea, just be sure you watch the hours they work depending on their age. In fact, when hiring anyone under the age of 18, you need to be sure you understand California’s Child Labor Laws. Different ages mean different working hours and requirements.
- CA Child Support Information
- This is a quick link to the California Department of Child Support Services website.
- IWC -Industrial Welfare Commission
- For a free download of the industrial or occupational wage orders for your business.
- If you are unsure of the Industrial Wage Order for your business, check this
- Which IWC order is right for my company? Click here to find out.
- Department of Fair Employment & Housing (DFEH)
- Click here to download or order various DFEH forms, including the Sexual Harassment pamphlet (DFEH-185) or information about recent statutes, laws and FEHC decisions.
- For the DFEH-162 Discrimination & Harassment in Employment pamphlet (DFEH-162) , click on the link.
- DFEH Notice A - Your Rights and Obligations as a Pregnant Employee (for employers with less than 50 employees)
- DFEH Notice B - Family Care and Medical Leave and Pregnancy Disability Leave (for employers with 50 or more employees)
- SDI Brochures
Download the SDI brochure (DE2515) by clicking on this link.
Unemployment, Workers Compensation, and Welfare
- EDD - Independent Contractor Determination Guide
- This worksheet is to be used by the proprietor of a business to determine whether a worker is an employee or an independent contractor.
- EDD- For Your Benefit (DE2320)
- EDD - Forms & Publications to Download
- Download the EDD brochures required when hiring or terminating an employee. Most publications are available in various languages.
- EDD - Forms to Order
- Order the various EDD forms such as the new Paid Family Leave (PDL), State Disability Insurance (SDI), Quarterly Wage and Withholding Report, California Employer's Guide and many more. Most of these are also available in Spanish.
- EDD - Frequently Asked Questions
- EDD has put together the most frequently asked questions about Paid Family Leave, Disability Insurance, Unemployment Insurance and many other topics that are printer friendly.
- California and U.S. Unemployment Rates
- Current statistics for unemployment in Califonia and the United States.
- EDD Benefit Determination Guide
- The Benefit Determination Guide presents discussions about unemployment insurance law.
- Unemployment Insurance Appeals Board for Calif.
- This body of case law is developed through the CUIAB's adjudicatory process and contains the Appeals Board's definitive expression on unemployment, disability, and tax matters.
- A sample MPN employee notification is currently on the DWC Web site which can still be used after Oct.8 because it complies with both current MPN regulations and the revised MPN regulations.If your MPN plan is modified after Oct. 8, 2010, you must report that modification to the division of Workers Comp using this new form.
- Workers Compensation Employers Guide
- Click on the link for several free downloadable fact sheets put out by the California Division of Worker's Compensation.
- Also available from California Worker's Compensation Institute are the brochures titled Facts for Injured Workers These must be ordered in quantities of 100, and they cost $19.00 per 100.
- Workers' Compensation Pamphlets
- This pamphlet must be given to all new hired employees. CWCI sells these in packs of 100 only, for $19.00. They are however, included in CEA's New Hire packets.
The California Division of Workers' Compensation (DWC) has posted a series of updated fact sheets for injured workers. The updated fact sheets provide injured workers with answers to frequently asked questions about issues affecting their benefits. The updated fact sheets are available for immediate use in English and Spanish and can be found here.
New Workers Compensation pamplet: The California Division of Workers' Compensation (DWC) has posted a new time of hire pamphlet on its website. This optional pamphlet meets the requirements under Labor Code section 3551 to notify new employees about California workers' comp rights and benefits either at the time of hire or by the end of the first pay period. For other DWC notices click here.
Health Care, Safety, and Substance Abuse
- COBRA Notices
- The Department of Labor has issued model notices for the COBRA subsidy under the American Recovery and Reinvestment Act of 2009 (ARRA), and additional guidance in the form of FAQs for employers and employees. The four ARRA model notices and related guidance may be found by clicking here.
- CHIPRA Notice: The new legislation – the Children’s Health Insurance Program Reauthorization Act (CHIPRA) – expanded the eligibility requirements for SCHIP and Medicaid; and authorized states to establish premium assistance programs to help pay the premiums for employer-sponsored coverage for individuals that are eligible for state or child health assistance. FAQ's about CHIPRA.
- Health Care Security Ordinance (HCSO)
- Annual reporting form.
- HIPP (Health Insurance Premium Payment Program)
- For a free download of the HIPP information from the State of California Department of Health Services, or to find out if your employee qualifies for the program, click on this link for more information.
- Occupational Safety & Health Administration (OSHA)
- Use this website to identify your Standard Industrial Classification Code (SIC) or many other OSHA topics.
- OSHA 300 Log
- Free download of the current OSHA 300 log. OSHA website for more publications and information. Download the form (excel).
- Substance Abuse Information Database (S.A.I.D.)
- This interactive database provides a one-stop source of information with summaries and full text of materials relating to workplace substance abuse issues. Employers can draw on articles from experts as well as success stories from a variety of industries to assist them in establishing and maintaining a workplace substance abuse program.
- Working Partners Website (Drug Free Workplace)
- The Department of Labor is trying to help businesses create a drug-free workforce by providing tools and information to effectively address drug and alcohol problems. Resources are available to help employers establish drug-free workplace programs, while complementing other safety and health initiatives.