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January 2023 Employment Law & Compliance Highlights - By Law Offices of Paul P. Cheng & Associates



2023 California Minimum Wage Changes


Effective January 1, 2023, the minimum wage is $15.50 per hour for all employers. Click here for information on 2023 minimum wage changes.


Local Jurisdiction & Minimum Wage


Some cities and counties have higher minimum wages than the state’s rate. The new local minimum wage rates are listed below with links to the resources providing additional details regarding rates and coverage. Unless indicated otherwise, these updates are effective January 1, 2023:


(*Small Employer is defined as employing 25 or fewer workers unless otherwise noted.)


Large employers - $16.34 (26 or more employees)

Small employers - $15.50 (25 or fewer employees)

Very large employers - $16.32 (100 or more employees)

Large employers - $16.07 (26-99 employees)

Small employers - $15.53 (1-25 employees)

$17.37 with health benefits,

$23.15 without health benefits

Large employers - $17.00 (26 or more employees)

Small employers - $16.00 (25 or fewer employees)

Large employers - $17.50 (50 or more employees)

Small employers - $17.00 (49 or fewer employees)


FEDERAL


USCIS Extends Permanent Resident Card Validity for Form I-9


Due to increased processing times and public demand, USCIS announced a policy change that expands options for Form I-9 completion. The new policy enables employers to accept an Application for Naturalization receipt notice along with an expired Permanent Resident Card to verify employment authorization. Expired Permanent Resident cards are valid up to 24 months after their expiration date and must be presented alongside the Application for Naturalization receipt notice. The policy took effect on December 12, 2022.


CALIFORNIA


State Issues Guidance on California’s Pay Transparency Requirements


On December 27, 2022, the California Labor Commissioner’s Office published guidance to answer some outstanding questions related to pay scale disclosure requirements on employer postings under the state’s Equal Pay Act. The state’s amended pay transparency requirements went into effect January 1, 2023. The guidance clarifies which employers must include pay scales in their job postings, how “pay scale” is defined, and whether bonuses, tips, benefits, piece rates, or commissions must be included in the posting. Employers are encouraged to review the provisions under the law as well as their job postings, as penalties for violations of these new requirements range from $100 to $10,000 per violation.


Phasing Out COVID-19 Exclusion Pay


On December 15, 2022, California's Occupational Safety and Health Standards Board adopted new non-emergency COVID-19 prevention regulations. Under the new regulations, employers will no longer be obligated to provide exclusion pay to qualifying employees for COVID-19. Instead, employers will be required to provide excluded employees with information on COVID-19 related benefits the employee may be entitled to under local, state, and federal laws. The new regulations also include updated recordkeeping and notice requirements. If the adopted regulations are approved by the Office of Administrative Law, the new permanent standard will take effect on January 1, 2023, and will remain in effect for two years. The non-emergency COVID-19 prevention regulations will become effective upon adoption by the office of Administrative Law, expected in January 2023. The COVID-19 Prevention Emergency Temporary Standards (ETS) will remain in effect until the non-emergency regulations are adopted.


Irvine, CA – City Council Approves Hotel Worker Protection Ordinance


On November 22, 2022, the City Council voted to adopt an ordinance providing additional protections to certain hotel workers including a local minimum wage, limits on mandatory overtime, maximum square footage requirements for housekeepers, and personal security devices for workers along with provisions for penalties and enforcement options. The ordinance also imposes employer posting and training requirements. Most of the ordinance was effective 30 days following its adoption; however, certain provisions such as those concerning overtime, square footage, and employee notices will take effect later this year, 180 days after adoption.


Los Angeles, CA - City Votes to End Emergency Supplemental Paid Sick Leave


On December 7, 2022, the City of Los Angeles voted to end its COVID-19 state of emergency, prompting the end of the Los Angeles COVID-19 supplemental paid sick leave (SPSL). The emergency declaration requires all employers to offer 80 hours of supplemental paid sick leave to full-time employees. The state of emergency will expire on February 1, 2023, and supplemental paid sick leave will end on February 15, 2023. Although California's supplemental paid sick leave will end on December 31, 2022, select localities like LA have elected to either extend SPSL provisions or phase them out on a different timeline.


Los Angeles, CA—Fair Workweek Ordinance


Los Angeles City has passed the Fair Work Week Ordinance. The ordinance applies scheduling and overtime rules to certain retail employers with 300 or more employees globally, including workers from a temporary service or staffing agency. The ordinance contains several requirements for employers including, but not limited to:

  • Good Faith Estimate—Employers must provide a proposed schedule to prospective employees before hiring.

  • Advanced Notice Scheduling—Employees must be notified of scheduled shifts or schedule changes 14 days in advance.

  • Rest Between Shifts—Employers must pay a time-and-a-half premium for each shift not separated by at least 10 hours.

  • Offers to Current Employees—Employers must offer open shifts to current employees before hiring externally.

  • Posting and Notification Requirements—Employers must post notification of these rights in all applicable languages.

Employees may decline shifts and are entitled to overtime and premium pay when these scheduling requirements are not met. The ordinance will take effect on April 1, 2023.

This newsletter shares information on legislative and regulatory developments that may affect your business. Consultation with your Human Resources Professional, and in some cases legal counsel, is recommended to address any questions or concerns you may have that are related to these developments. As always, it is your obligation as the employer to ensure your compliance with applicable laws and regulations.. Please contact our team at (888) 356-4937 or info@pprclaw.com with any questions regarding state-specific guidance or application to your workplace.




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