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Labor Laws 2005

Labor Laws 2005. Review Mandatory Posting RequirementsWhat Laws Apply to Me?Pamphlets and NoticesUI/Disability InsuranceWorkers' CompensationSexual HarassmentReview 2005 Labor Laws. What's New in 2005. I-9 Verification ChangesSexual Harassment TrainingSocial Security NumbersDomestic Partn

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Labor Laws 2005

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    1. Labor Laws 2005 Presented by: Traci Holt Alliance for Workforce Development, Inc.

    2. Labor Laws 2005 Review Mandatory Posting Requirements What Laws Apply to Me? Pamphlets and Notices UI/Disability Insurance Workers’ Compensation Sexual Harassment Review 2005 Labor Laws

    3. What’s New in 2005 I-9 Verification Changes Sexual Harassment Training Social Security Numbers Domestic Partners At-Will Statement Tested in California Courts Sue Your Boss Worker’s Compensation

    4. At-Will Statement Verbal offer of employment made with a “long-term” commitment. No mention of At-Will. After applicant accepted verbal offer, he was given a written At-Will policy. Employee was laid-off due to “no-work” Appeals court concluded that the verbal commitment superseded the written commitment. Employer could not alter circumstances with a written policy.

    5. I-9 Documentation Employer must verify an employee’s right to work in the United States. This verification is made by examining documents that evidence identity and employment eligibility. Records must be retained for at least three years from the date of hire or one year from the date of termination. I-9 supporting documentation must be kept in a location separate from the employee’s personnel file.

    6. I-9 Changes I-9 form is not required for employees hired prior to 11/06/82; Casual employees performing domestic service in a private home; Independent Contractors; Workers provided by contract services such as temporary agencies.

    7. I-9 Changes Continued Acceptable documents on List A no longer include: Certificate of U.S. Citizenship Certificate of Naturalization Permanent Resident Card Unexpired Reentry Permit Unexpired Refugee Travel Document

    8. I-9 Changes Continued Use of Receipts for Missing Documents. Discovering an Unauthorized Worker. Re-verification when an employee’s documentation has expired.

    9. Social Security Numbers Beginning January 1, 2008, employers may no longer print an employee’s entire SSN on a pay stub. Only the last 4 digits will be allowed on the pay stub.

    10. Sexual Harassment Training California employers of 50 or more employees are required to provide supervisors with 2 hours of sexual harassment training every two years. Employee count includes temporary service employees and independent contractors.

    11. Sue Your Boss Law The governor signed legislation amending SB 1809, known as the “Sue Your Boss” law. The original law exposed employers to fines and penalties for “minor and technical” violations of the Labor Code. Example: An employer could be sued if they used the wrong font or type size on a workplace notice.

    12. Sue Your Boss Law Lawsuits cannot be brought for violation of posting, notice or agency reporting requirements under the Labor Code, except for reporting that involve payroll and workplace injury. If an employee sues, the employee must exhaust several administrative and procedural steps before filing suit. Employers are still strongly advised to audit their employment policies and practices to ensure compliance with the Labor Code.

    13. Domestic Partners As defined by California Law, domestic partners are “two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring” and who file a Declaration of Domestic Partnership with the Secretary of State.

    14. Domestic Partners Continued Insurance companies and health plans are required to provide coverage for domestic partners. Effective January 1, 2005, all registered Domestic Partners have the same rights, protections and benefits as those legally recognized for spouses(i.e FMLA, CFRA). Creates a “protected class” for domestic partners to be free from employment discrimination based on their domestic partnership.

    15. Workers’ Comp Reform Places a cap on temporary disability payments for most injuries at two years from the first payment. Increases benefits for individuals with severe permanent disabilities while decreasing benefits for more minor injury. Provides neutral treatment for all parties, instead of favoring the employees. New pamphlets required as of 08/01/2004.

    16. Questions?? Contact Holly Schirmer or Traci Holt at 257-5057. To Order your 2005 Poster Set, see one of us.

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