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  • On February 3rd, 2023, the Office of Administrative Law (OAL) approved the Cal/OSHA COVID-19 regulation. It will remain in effect until February 3rd, 2025, with recordkeeping obligations remaining in effect through 2026. Alongside this, the Emergency Temporary Standard (ETS), which California employers have been following for the past three years, will come to an end.

    As a business owner, it’s essential that you understand what this regulation entails and what your responsibility is. For more information, click here. In addition, a fact sheet that the California Department of Industrial Relations released should also be utilized.

    Implement Changes With GMS

    With this new regulation in full effect, it’s essential that you take all steps necessary to ensure you comply. When you partner with GMS, we help you stay up to date with all rules and regulations. When new laws are enforced, we help you make the necessary changes to keep your business thriving. Contact us today.

  • Beginning January 1st, 2023, the following notices will be updated:

    • California minimum wage
    • Family care, medical leave, and pregnancy disability leave
    • Your rights and obligations as a pregnant employee
    • California law prohibits workplace discrimination and harassment
    • Transgender rights in the workplace
    • Know your right: workplace discrimination is illegal
    • Your rights under Uniformed Services Employment and Reemployment Rights Act (USERRA)
    • Safety and health protection on the job (Cal/OSHA)

    The following required pamphlets will also be updated:

    • Unemployment insurance
    • Sexual harassment

    Employers in California are required to post notices and distribute various pamphlets informing employees of their employment rights. Click here to view the updated “Know Your Rights: Workplace Discrimination Is Illegal” poster. The other posters are not available yet; however, they are likely to reflect the 2023 changes to California law with respect to an increase in the minimum wage and new protected categories, including reproductive health decision-making. In addition, all remote employees must receive a copy of these required posters and pamphlets. For more information, click here.

    Stay Compliant With GMS

    A new year comes with new laws and regulations you must stay on top of. When you partner with GMS, we ensure you remain compliant and are up-to-date with ever-changing rules and regulations associated with your business. We handle all the administrative burdens of your business that you don’t have the time or expertise to handle. Michelle DiGeroloma, PHR, GMS’ Client Services Manager, expressed, “Labor law posters summarize important information outlining employee rights under respective federal and state laws. These can be helpful for both the employee and employer when understanding the right of OSHA. It’s essential for employers to maintain their labor law posting by adding updates immediately upon release. This provides employees with the most up-to-date information.”

    Contact GMS today.

  • The California minimum wage is increasing to $15.50 an hour for all employers beginning January 1st, 2023. This new rate reflects an adjustment to the large employer minimum wage, which is currently $15 an hour. Joe Stephenshaw, California’s Director of Finance, determined the increase based on inflation. For small business owners, it’s essential to know that your employee’s minimum wage will also be increased to $15.50 an hour instead of its current rate of $14.00 an hour.

    Since there has been an 8.3 percent increase in inflation over the past year, multiple states have implemented higher minimum wages. The cost of food, shelter, and medical services has increased significantly over the past few months. The price of basic staples, including eggs and bread, has spiked, straining household budgets. Raising minimum wage rates would improve the overall standard of living with a more feasible income level to survive these unprecedented times.

    The California Labor Code 

    The California Labor Code is a collection of civil law statutes for the State of California. It’s made up of statutes that govern the general obligations and rights of individuals within the jurisdiction of the State of California. Workers are entitled to various rights and protections under California labor law. As inflation has impacted many individuals, the California Labor Code established the schedule for minimum wage increases. This includes an annual adjustment based on inflation taking effect with the 2023 large employer minimum wage.

    Every year, there will be adjustments to the state minimum wage based on inflation, with the announcements made on August 1st. In addition, the California Labor Code requires all small employer minimum wage rates in 2023 to match the large employer minimum wage rate if inflation has exceeded 7%.

    What Small Business Owners Need To Know

    As a small business owner during these challenging times, you must ensure you stay on top of the ever-changing rules and regulations. In addition, your employees are your biggest asset. When you partner with GMS, we ensure you are paying your employees the correct amount each year. As inflation and the COVID-19 pandemic have affected many individuals and companies, numerous businesses have looked to increase their minimum wage prior. Our team ensures you offer the best possible wage to your employees, allowing you to attract and retain your top talent. Contact us today to learn more.

  • The California legislature passed Assembly Bill (AB) 1949, requiring California employers to offer employees five days of bereavement leave. Five days would be provided to each employee each time they lose a:

    • Spouse
    • Child
    • Parent
    • Sibling
    • Grandparent
    • Grandchild
    • Domestic partner
    • Parent-in-law

    While bereavement leaves may be unpaid, employees may choose to use their accrued vacation, sick leave, or other paid time off options, such as personal days. If California Governor Newsom signs the bill, it would be the third state to mandate this type of time off, alongside Oregon, Maryland, and Pennsylvania. While there have been previous versions of a similar bill, this year’s version has bipartisan support, meaning opposing political parties have found common ground through compromise.

    Understanding AB 1949

    AB 1949 would cover all public employers and private businesses that have at least five employees in California. Full-time and part-time employees are eligible for this bereavement leave if they have worked for the business for at least 30 days. Employers can request documentation providing evidence of the family member’s death. These documents include a death certificate, published obituary, or other written verification of death, burial, or memorial services. However, all information must be made confidential. In addition, when employees take bereavement leave, it must be completed within three months of the date of death. The days of leave do not have to be consecutive.

    What This Means For Small Business Owners

    While many employers currently give bereavement time to employees, this bill would formalize this benefit in California. If you are a small business owner in California, it’s vital to look at your current policy and determine if it’s being implemented properly. If Governor Newsom signs the bill and employers fail to comply with the new law, they’d have to pay past and future:

    • Lost income and benefits
    • Emotional distress damages
    • Punitive damages

    It’s important to note that AB 1949 is separate from time off under the California Family Rights Act (CFRA). The CFRA authorizes eligible employees to take up to 12 weeks of paid or unpaid job-protected leave during a 12-month period.

    The Benefits Of Partnering With A PEO

    As a business owner, you understand the importance of staying compliant with laws and regulations. In addition, providing your employees with a competitive benefits package sets you apart from competitors and allows you to attract and retain quality talent. Partnering with GMS ensures you are compliant and attracting and retaining quality talent. Our team of experts works with you through the constant law changes, so you don’t have to worry about that added stress and time. Contact us today to get started.

  • The California legislature passed Assembly Bill (AB) 2188, which prohibits employers from discriminating against a person in hiring, termination, or any term or condition of employment based on the individual’s use of cannabis off the job and away from the workplace. This bill passed the Senate in late August, gave a concurrence vote in the Assembly, and was finally approved by California Governor Gavin Newsom on September 18th. Governor Newsom signed this bill to strengthen California’s cannabis law, expand the legal cannabis market, and redress the harms of cannabis prohibition. This law will take effect in January 2024.

    Marijuana Laws In California 

    California was the first state to allow medicinal cannabis use when voters passed the Compassionate Use Act in 1996. Medical marijuana refers to using marijuana to treat certain medical conditions, including:

    • Easing pain
    • Controlling nausea and vomiting 
    • Making a person feel like eating
    • Relieving symptoms in people who have multiple sclerosis, Crohn’s disease, inflammatory bowel disease, and epilepsy

    Today, cannabis is legal in California for medicinal and adult recreational use. Recreational marijuana refers to marijuana that is grown and sold recreationally to adults over the age of 21. The cannabis industry is strictly regulated to ensure:

    • Businesses operate safely
    • Products are contaminant-free and labeled to inform purchasers
    • Cannabis is kept away from children

    Although California has made significant progress since the legalization of cannabis, local opposition, rigid bureaucracy, and federal prohibition continue to pose challenges to the industry and consumers.

    Understanding AB 2188

    Bill AB 2188 prevents employers from discriminating against an applicant or employee who fails a drug test that detects non-psychoactive cannabis metabolites in their urine, blood, hair, or bodily fluids. It’s vital for employers to understand the new law and what the test is evaluating at a high level. Tests that are currently available don’t accurately indicate a level of intoxication from marijuana as they would for alcohol. It can be challenging for employers to determine whether someone is impaired and when the substance might have been consumed when a test returns positive.

    As an employer, you can begin implementing practices under the new law, including:

    • Ensuring you have updated policies for drug testing
    • Focusing on the person’s conduct while performing their job duties to determine if they have reasonable suspicion
    • Using the proper drug tests

    How GMS Comes Into Play

    With ever-changing rules and regulations, it’s vital as the business owner to stay up to date with changes. When you partner with GMS, our experts ensure you stay on top of the evolving legislation, so your business remains compliant with state laws. Although marijuana has been legal in California, implementing new rules and policies in the workplace can still be challenging. We work with you to create a simpler, safer, and stronger workplace for you and your employees. Contact us today to start your partnership with GMS.