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California Employers: Do You Know Your Wage Order?

The California Department of Industrial Relations has just released an updated version of its IWC Wage Order Poster for 2021. The California Industrial Welfare Commission Wage Orders regulate wages, hours, and working conditions of each of every industry and occupation group in California.  Employers must comply with the IWC Wage Order, in addition to other California and Federal labor laws applicable to their business or industry.

For example, IWC Wage Order number 1 applies to the manufacturing industry; Wage Order number 4 applies to professional, technical, clerical, mechanical and similar occupations; Wage Order 7 applies to the mercantile industry; Wage Order 9 applies to the transportation industry; Wage Order 12 applies to the motion picture industry; Wage Order 14 applies to agricultural occupations; Wage Order 15 applies to household occupations; and Wage Order 16 applies to occupations in the construction, drilling, logging and mining industries.

Here are several things you need to know about the IWC Wage Order:

It is required for ALL employers in California to post a copy     of the correct IWC Wage Order Poster under Labor Code 1183(d).

It is enforced by the California Labor Commissioner’s     Office/Division of Labor Standards Enforcement (DLSE).

It is the number one required poster on the state’s list of     required notices, listed even before the contents of our California and Federal Combination Poster.

It states at the very top of the California Minimum Wage     notice, “Please post next to your IWC Industry or Occupation Order”.

Depending on the order, on either Section 20, 21, 22 of each of     the 16 wage orders, it states the following: “POSTING OF ORDER: Every     employer shall keep a copy of this order posted in an area frequented by     employees where it may be easily read during the workday. Where the     location of work or other conditions makes this impractical, every     employer shall keep a copy of this order and make it available to every     employee upon request. Note: Authority cited: Sections 864, 1173, and 1182.13,     Labor Code; and California Constitution, Article XIV, Section 1.     Reference: Sections 858, 859, 860, 861, 862, 864, 1182, 1182.12, 1182.13,     and 1184, and 2695.2, Labor Code.”

The California Labor Commissioner’s Office, also known as the Division of Labor Standards Enforcement or DLSE, has created a pamphlet called “WHICH IWC ORDER?  Classifications” to assists employers and employees in determining which IWC Wage Order applies to a business or employee (available at http://www.dir.ca.gov/dlse/WhichIWCOrderClassifications.PDF).

Each California Wage Order covers regulations on topics such as:

Administrative, executive and professional exemptions;

Overtime wages;

Alternative workweeks;

Minimum wages;

Reporting time pay;

Records retention;

Cash shortage and breakage;

Uniforms and equipment;

Meals and lodging;

Meal (lunch) periods;

Rest (break) periods; and

Required posting of the order.

The Industrial Welfare Commission (IWC) lists 17 different California Wage Orders. However, the DLSE has not made a determination as to who is classified under the 17th Wage Order – Miscellaneous Employees. Every California employer should know the applicable Wage Order for his/her/their/its business and employees and the regulations regarding wages, hours and working conditions contained therein.

Here is a list of the 16 different IWC Wage Orders, excluding the one for miscellaneous employees.

(1) Manufacturing Industry

(9) Transportation Industry  (Trucking, Airline, Delivery, Automotive Repair)

(2) Personal Services  (gyms, hair and nail salons, massage parlor, etc.)

(10) Amusement & Recreation  Industry (Amusement Parks, Bowling Alleys, Golf Courses, Ski  Resorts, etc.)

(3) Canning, Freezing & Preserving  Industry

(11) Broadcasting Industry  (Broadcasting and Taping, TV and Radio Broadcasting)

(4) Professional, Technical,  Clerical, Mechanical, and Similar Occupations  Teachers, Engineers, Real Estate Brokerage, Financial Firms, Legal Firms,  Professional Firms, Travel Agencies, Non-Profit, Government Employees, etc.)

(12) Motion Picture Industry  (Film, TV, Video Production, Advertising Films, Casting, Wardrobe and  Property Rental for Production, etc.)

(5) Public Housekeeping Industry (Restaurants,  Hotels, Hospitals, Nursing Homes, Public Storage, Grounds and Property  Maintenance, Schools with Dormitories, etc.)

(13) Agricultural Products for  Market, On The Farm  (packing, processing, slaughtering, nut hulling/shelling/cracking, etc. when  done on grower’s own land and product)

(6) Laundry, Linen Supply, Dry  Cleaning and Dyeing Industry

(14) Agricultural Occupations  (Field Workers, Fish Hatcheries, Wranglers, Cowboys/Cowgirls, etc.)

(7) Mercantile Industry  (purchasing, selling, or distributing goods or commodities at retail or  Wholesale, or renting goods or commodities)

(15) Household Occupations  (Day Workers, Employees of private households)

(8) Industries handling products  after harvest (not on the farm)

(16) On-Site Construction,  Mining, Drilling, Landscaping Industry

 For the convenience of our valued customers, Compliance Posters of America created an all-in-one version of the California IWC Wage Order Poster, available in a laminated 24″ x 36″ poster format.

California employers must also comply with additional applicable local or municipal requirements, which might include city-specific minimum wage requirements that may be higher than the state minimum wage such as Los Angeles, San Francisco, Pasadena, Santa Monica, and San Diego.

Disclaimer: This article is intended as a guide to help determine the classifications of businesses and occupations under the Industrial Welfare Commission Orders. These guidelines and classifications of employees are general in nature and the existence of specific facts and circumstances of the employment relationship and operations of a particular employer may require a different determination of proper classification that the general one set forth herein. As new types of businesses and occupations are constantly coming into existence, there undoubtedly may be businesses and occupations that have not been included on the state’s classification index. Additionally, as industry practices and business structures evolve, circumstances may dictate the change in classification of a particular occupation from one wage order to another wage order.

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In the latest data released by the Centers for Disease Control and Prevention (CDC) early this year, the report on heat-related deaths show that an average of 702 heat-related deaths annually occurred in the United States from years 2004-2018.

 This led to the coordinated approach across health care sectors to put regulations in place in order to prevent heat-related mortality. The guidelines include mandatory implementation of putting up a California Outdoor Heat Illness Prevention Poster in every workplace that require outdoor work, development of facilities which will serve as cooling centers and the regular conduct of surveillance to ensure that each response plans are being implemented correctly.

 The goal of the mandatory posting of California Outdoor Heat Illness Prevention Posters is to serve as active reminders for employers to take the four steps to prevent heat-related illness among employees:

 1.    Training – educate and train all staff on how to prevent heat-related illness

2.    Water – provide adequate potable water supply for each workers

3.    Shade – provide necessary facility which will serve as cool-down areas for workers

4.    Planning – development and implementation of all procedure related to California’s Heat Illness Prevention

 Each California Outdoor Heat Illness Prevention Poster should at least include:

-       The symptoms of heat illness

-       How to protect yourself against heat stress

-       A copy of the Heat Illness Prevention Plan

-       And where to call for help in case of a heat-related illness emergency

 For easy access to this type of poster, you can check out: https://www.compliancepostersofamerica.com/california-outdoor-heat-illness-prevention-poster

What are heat-related illnesses?

 Also called hyperthermia, heat-related illness is caused by extreme exposure to heat resulting to a rapid rise of body temperature. Some common symptoms of heat-related illness are having muscle cramps, fatigue, headache, nausea and dizziness. It can either manifest as a heat exhaustion or heat stroke.

 Apart from putting up a California Outdoor Heat Illness Prevention Poster, an employer must regularly conduct training with their outdoor workers. Employers can check the schedule of trainings on the government’s website at:  https://www.dir.ca.gov/dosh/Heatillnessinfo.html

 On the website, you can also check out the latest Heat Safety Fact Sheet, and some additional heat illness prevention sources.

  Article Source

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Why is it important to put up a California Outdoor Hear Illness Prevention Poster?

In the latest data released by the Centers for Disease Control and Prevention (CDC) early this year, the report on heat-related deaths show that an average of 702 heat-related deaths annually occurred in the United States from years 2004-2018.

This led to the coordinated approach across health care sectors to put regulations in place in order to prevent heat-related mortality. The guidelines include mandatory implementation of putting up a California Outdoor Heat Illness Prevention Poster in every workplace that require outdoor work, development of facilities which will serve as cooling centers and the regular conduct of surveillance to ensure that each response plans are being implemented correctly.

The goal of the mandatory posting of California Outdoor Heat Illness Prevention Posters is to serve as active reminders for employers to take the four steps to prevent heat-related illness among employees:

1. Training – educate and train all staff on how to prevent heat-related illness 2. Water – provide adequate potable water supply for each workers 3. Shade – provide necessary facility which will serve as cool-down areas for workers 4. Planning – development and implementation of all procedure related to California’s Heat Illness Prevention

Each California Outdoor Heat Illness Prevention Poster should at least include: - The symptoms of heat illness - How to protect yourself against heat stress - A copy of the Heat Illness Prevention Plan - And where to call for help in case of a heat-related illness emergency

For easy access to this type of poster, you can check out: https://www.compliancepostersofamerica.com/california-outdoor-heat-illness-prevention-poster

What are heat-related illnesses?

Also called hyperthermia, heat-related illness is caused by extreme exposure to heat resulting to a rapid rise of body temperature. Some common symptoms of heat-related illness are having muscle cramps, fatigue, headache, nausea and dizziness. It can either manifest as a heat exhaustion or heat stroke.

Apart from putting up a California Outdoor Heat Illness Prevention Poster, an employer must regularly conduct training with their outdoor workers. Employers can check the schedule of training on the government’s website at:  https://www.dir.ca.gov/dosh/Heatillnessinfo.html

On the website, you can also check out the latest Heat Safety Fact Sheet, and some additional heat illness prevention sources.

Article Source

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Our combined poster now includes the NEW Discrimination Poster (Virginia Human Rights Act) that was updated this month in compliance with the US Supreme Court ruling on June 15, 2020 regarding LGBT discrimination in the workplace.

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Do I Really Need to Buy New Labor Law Posters?

If you run a business and have employees, there are a slew of federal and state labor law notices you're required to post where employees can see them each day. These are often called labor law posters, or compliance posters. They include things like minimum wage laws, the federal USERRA, non-discrimination notices, and more. Keeping up with everything that ought to be posted and making sure that the most current notices are posted in the workplace can be a real chore for big and small businesses alike. What's more, posting a collection of paper notices can make your office look messy.

To solve the problem, a number of companies sell labor law posters that combine all the state and federal regulations on one or two posters. The posters, in general, are a good thing. They tidy up offices and help businesses stay in compliance with labor laws. But unfortunately, some of the companies that market labor law posters by mail use hard-sell marketing tactics to get you to replace your labor law posters before you really need to. In fact, some of the marketing materials that get sent in mail seem somewhat misleading and deceptive.

One ploy that's been used in various parts of the country is a mailing that has the word FINAL NOTICE in all capital letters on the top of the page of an official-looking document. Below the "Final Notice" headline was text stating that the employer must comply with the new labor posting requirements and that failure to do so could lead to government fines of up to $17,000 and other possible dire consequences.

Other tactics include mail-merging the name of the recipient company into the letter and using text in the letter such as a Notice Number, Reference Number, and a Reply By date designed to make recipients think the mail is somehow an official warning. If your business gets a notice like that, take the time to look at who it really comes from. If you see the words poster service, or compliance service, or if you see an out-of-state address, you can be sure the official-looking "Notice" is just a sales letter. Another dead giveaway: the letter will tell you how to order labor law posters from a private company.

If you're unsure when labor law notices you need to post were last changed, check with the US Department of Labor and your state labor department to find out if there have been any changes in required postings. Remember, too, that no matter what the labor law poster companies tell you, you don't need to buy a new poster just because it's a new year. You only need to replace your posters when the state or federal laws listed on them change. For a list of the updated Texas and federal labor law posters, visit Compliance Poster of America.

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Compliance Posters of America

Keeping up with state, federal, and OSHA posting requirements has never been easier. Visit us at www.CompliancePostersOfAmerica.com

Our mission is to help employers comply with Government-mandated requirements to display on-site posters that communicate the latest labor law and workplace safety updates. These compliance posters of America are necessary to protect employee rights and ensure that the employers avoid potential lawsuits or unforeseen fines during audits and inspections.  

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Compliance Posters of America

Our mission is to help employers comply with Government-mandated requirements to display on-site posters that communicate the latest labor law and workplace safety updates (labor law posters). These compliance posters are necessary to protect employee rights and ensure that the employers avoid potential lawsuits or unforeseen fines during audits and inspections.

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Five Frequently Asked Questions (FAQs) about California Federal Labor Law Poster

The Department Of Industrial Relations mandate businesses with employees to post a number of California Federal Labor Law Posters, covering topics such as health and safety, minimum wage, and other important labor laws, in offices.

 Here are some answers to some of the Frequently Asked Questions about California Federal Labor Law Posters:

 Question 1: I am running out of wall space, can I put the California Federal Labor Law posters in a binder?

 The answer is no. It is clear that what these posters are required to be prominently posted, strategically on areas mostly frequented by employees.

 Question 2: I established a single-member business. Am I covered of the provisions concerning postings of California Federal Labor Law posters?

 There is a thin line between choosing to strictly follow what is mandated or considering the situation. As a business entity, some states may require you to post but logically, it can be considered it the posters are not on your wall.

 Question 3: A single California Federal Labor Law poster would suffice. True or False?

 The answer is False. There are specific notices in posters that are required to be posted such as:

- Official Notice: California Minimum Wage Order.

- Payday Notice.

- California Law Prohibits Workplace Discrimination and Harassment.

- Your Rights and Obligations as a Pregnant Employee

- Fair Labor Standards Act (which shall include the federal minimum wage

- “Family and Medical Leave Act"

- “Job Safety and Health Protection”

- “Employee Polygraph Protection Act”

 Question 4: Where can I get copies of these essential California Federal Labor Law posters?

 Answer: While a copy of these posters are downloadable via the government’s website, it is more conducive for employees if you choose posters such that of: https://www.compliancepostersofamerica.com

 Apart from accuracy, they give value to letting your employees know and understand their rights.

Question 5: If I missed posting one of the required posters, does that mean I only have to pay for once charge when being fined?

The answer is no. Each of these posters have corresponding fines. Look for the details on California's official government site.

Overall, we've discussed the basic FAQs for California Federal Labor Law posters. For more questions, feel free to comment them below and we'll answer them in our next blog.

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Our mission is to help employers comply with Government-mandated requirements to display on-site posters that communicate the latest labor law and workplace safety updates. These compliance posters are necessary to protect employee rights and ensure that the employers avoid potential lawsuits or unforeseen fines during audits and inspections.

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We all dream of having that youthful glow even when we grow old each day, and one thing that defines how old we are is how well our skin is doing. Other than that, good-looking skin reflects a healthy mind body.

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The Significance of Employment Background Checks

Employment background checks plays significant role in all business establishments especially during hiring procedures. In a more competitive and focused job market, people are more apt to adorn or hide certain parts of their histories with a specific end goal to seem more appealing to hiring specialists. While some of these activities are genuinely clear to the trained recruiter, not all will be anything but difficult to spot until the background check happens.

Luckily, employment background checks and criminal personal investigations are accessible to recruiters and human resource experts. Businesses today have the privilege to take in more about the applicants they are going to commit to a legal relationship with. They likewise have the privilege to guarantee that a potential new hire does not have anything lurking in their past that could conceivably harm the business or make a security risk for customers and other employees.

There are some extra reasons why background checks should always be a required part of the recruitment procedure. Background checks can be a significant tool for selecting the right candidate fit every time. At the point when utilized reliably, this step can avoid numerous future issues for the organization. As a recruitment specialist, it’s crucial to guaranteeing that an applicant meets the full prerequisites of every task and that the return of investment will be a good one for the client getting the candidate.

Why is this vital, from a recruitment standpoint? For one, your applicant will be thoroughly screened to guarantee that all the experience and qualifications recorded are precise for the needs of every employment request. Second, you’ll be confidently present your candidate to the HR supervisor and have the capacity to negotiate more effectively because you will know your hopeful is who he or she is speaking to.

A few conceivable approaches to perform background checks are to utilize a third-party service or background screening software to increase your present recruitment process. This can make the criminal and drug screen more effective while you concentrate on the work history and educational check. Sometimes, your talent management software will incorporate the feature to run a background screen with the correct legalese to get authorization from every applicant. On the other hand, you can request that applicants submit to a criminal background and drug screen at their own expense, to be repaid upon successful passing and employment.

Check www.intelifi.com/technology/emerge/ for more information about employment background checks.

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Is Your Background Screening Company NAPBS Accredited?

On a daily basis, U.S. employers request millions of reports to assist with crucial business decisions involving background screening. These reports are currently regulated at both the federal and state level. NAPBS (National Association of Professional Background Screeners) exists to uphold high ethical standards and practices, compliances with the FCRA, equal employment opportunity, and consumer protection laws relating to the background screening industry. Have you asked yourself if your background screening company is NAPBS accredited?

Compliance

Information Security

Consumer Protection

Ethics and Professionalism

Ability to train and educate Clients

Quality and Accuracy

Employees’ Background Check Expertise

For over a decade, Intelifi has provided clients the highest level of expertise and technology. By having this impressive accreditation, Intelifi reinforces its’ commitment to high professional standards, continuous improvement, accountability, and excellence.

Accreditation is a significant seal of approval and independently substantiates Intelifi’s high standards in the following client areas: Data Security, Compliance, Organizational Performance and Professionalism.

Intelifi has made a commitment to their clients. As a NAPBS accredited company, Intelifi validates clients’ trust as a market leader and reinforces its promise to minimize liability. Less than two percent of background screening companies have earned this recognition and it is yet another reason Intelifi remains a leading provider of employment screening solutions.

Please visit our website www.intelifi.com or call 888-409-1819 to learn more about Intelifi’s prestige.