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Walnut Creek: 925-322-8889

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Issue 1 - 2017 Newsletter

In This Issue: 

-New Updated I-9 Form Required
-California's Salary Requirements For Most Exempt Employees-Increasing
-Is Your Harassment, Discrimination and Retaliation Policy Up to Date?

 

New Updated I-9 Form Required

Starting January 22, 2017, the United States Citizenship and Immigration Services (USCIS) will only accept the November 14, 2016 I-9 edition.  To check your form edition, look at the bottom of the page on the Form and Instructions.

Get the new form at:  https://www.uscis.gov/i-9

Get the M-274 manual at:  https://www.uscis.gov/sites/default/files/files/form/m-274.pdf.

Note that P.O. Boxes are no longer expressly prohibited in section 1 information about the employee BUT employers cannot use a P.O. Box for their addresses in section 2.  The new form is for new hires or re-verifying – not required to have current employees re-sign if they completed an older form.  Instructions need to be made available to the employee when completing the form.  You can use an Internet copy – if not Internet – print and provide the 15 page document.


California’s Salary Requirements for Most Exempt Employees - Increasing

Although the federal government’s new salary requirements for exempt employees are on-hold, remember California’s salary requirements are increasing.  California requires most exempt employees (excluding a few categories such as “outside sales”) to be paid at least two times California’s minimum wage on a salary basis.  Thus, as California’s minimum wage increases, so does the exempt salary requirement.

Below is California’s salary requirement, as linked to future minimum wage increases:

            2017* -$10.50 x 2 x 2080                   Salary exempt is:  $43,680.00

            2018 - $11.00 x 2 x 2080                   Salary exempt will be:  $45,760.00

            2019 - $12.00 x 2 x 2080                    Salary exempt will be:  $49,920.00

            2020 - $13.00 x 2 x 2080                    Salary exempt will be:  $54,080.00

            2021 - $14.00 x 2 x 2080                    Salary exempt will be:  $58,240.00

            2022 - $15.00 x 2 x 2080                    Salary exempt will be:  $62,400.00

* Remains at $10.00 per hour in 2017 for employers with 25 or fewer employees (subject to higher local minimum wage requirements).


Is Your Harassment, Discrimination and Retaliation Prevention Policy Up to Date?

New Fair Employment & Housing Act (FEHA) Regulations became effective April 1, 2016.  Every California employer must have a harassment, discrimination, and retaliation prevention policy that: 

● is in writing,

● lists all current protected categories under the Fair Employment & Housing Act,

● specifies that employees are protected from illegal conduct from any workplace source, including third parties who are in the workplace,

● creates a confidential complaint process that ensures a timely response, impartial investigation by qualified personnel, documentation and tracking, appropriate remedial actions and resolutions, and timely closure,

● informs employees about several avenues of complaint other than to a direct supervisor,

● requires supervisors to report any complaints of misconduct to a designated company representative, and

● makes clear that employees will not be exposed to retaliation as a result of making a complaint or participating in any workplace investigation.

Also, the regulations include the following new definitions:  gender expression (a person’s gender-related appearance or behavior, whether or not stereotypically associated with the person’s sex at birth), gender identify (a person’s identification as male, female, a gender different from the person’s sex at birth, or transgender), and transgender (a general term for a person whose gender identity differs from the person’s sex at birth).

Issue 2 - 2017 Newsletter
Issue 3 - 2016 Newsletter

Our Locations

Simpson, Garrity, Innes & Jacuzzi, P.C.
601 Gateway Boulevard, Suite 950
South San Francisco, CA 94080
Map and Directions

Tel: 650-615-4860
Fax: 650-615-4861


2175 N. California Blvd, Suite 710
Walnut Creek, CA 94596
Map and Directions

Tel: 925-322-8889
Fax: 925-322-8890


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