California Employment Law Update – May 2017

Interest Rate on Delinquent Taxes

According to the California Employment Development Department (EDD), the interest rate charged on all delinquent taxes (unemployment insurance, employment training tax, state disability insurance, and personal income tax withholdings) for the period of July 1, 2017 through December 31, 2017 will be 4 percent, with a daily interest factor of 0.000110.

The interest rate is established per Cal. Rev. & Tax. Code § 19521 and is adjusted semiannually based on the short-term federal rates in January and July of each year. Interest is compounded daily on all unpaid tax, interest, and certain penalties.

Interest is required as there is no provision in the California Unemployment Insurance Code to waive or cancel interest.

See the EDD Interest Rate web page

DFEH Poster, Brochures, and Fact Sheets Updated

The California Department of Fair Employment and Housing (DFEH) updated the following posters:

  • California Family Rights Act (CFRA) — Updated April 2017 (English version).
  • Certification Health Care Provider for Pregnancy Disability Leave, Transfer, and/or Reasonable Accommodation — Updated February 2017.
  • CFRA Certification of Health Care Provider Form — Updated February 2017.
  • Employment Discrimination Based on Disability — Updated April 2017.
  • Pre-Employment Inquiry Guidelines — Updated May 2017.
  • Pregnancy Leave — Updated April 2017.
  • Sexual Harassment: The Facts about Sexual Harassment — Updated April 2017.
  • Transgender Rights in the Workplace Brochure — Updated January 2017.
  • Workplace Rights for Members of the Military and Veterans — Updated February 2017.

The sexual harassment brochure was updated to reflect the minimum information that employers are required to provide under Cal. Govt. Code Ann. § 12950(b). The DFEH also released a Workplace Harassment Guide for California Employers to further assist in preventing workplace harassment and ensuring employer compliance.

See the Workplace Harassment Guide here, and find all updated posters, brochures, and fact sheets on the DFEH website.

Milpitas Posters Updated

The City of Milpitas released two new posters:

  • A Minimum Wage poster, stating that beginning July 1, 2017, employers who are subject to the Milpitas business license requirement or who maintain a business facility in Milpitas must pay at least $11 per hour to each employee who performs at least two hours of work per week in Milpitas.
  • A Know Your Rights poster, stating that employers may not discriminate or take adverse action against employees for exercising their rights under the minimum wage ordinance, and that covered employees are entitled to these rights regardless of immigration status.

Milpitas employers are required to posts these notices where they may be easily read; violators will be penalized.

The laws are effective July 1, 2017.

See the Minimum Wage poster and Know Your Rights poster


Source: Think HR Blog & Updates