2021 California Labor Poster Update

Employers are required by the US Department of Labor and also by the State of California to post Labor Posters in order to remain in compliance. These posters must include information regarding Paid Sick Leave, Minimum wage, Paydays, OSHA, FMLA/CFRA, Workers Compensation, and Emergency phone numbers.

Please be sure that your labor poster(s) include all of the topics listed.

The following changes are taking place for January 1, 2021:

• Minimum wage increase takes effect to $13.00/hour for employers with 25 or fewer employees and to $14.00/hour for employers with 26 or more employees.
• Update to EDD Notice to Employees
• Update to the Family Care and Medical Leave and Pregnancy Disability Leave notice
• Update to the Your Rights and Obligations as a Pregnant Employee notice.

If your work site needs an updated Labor Poster, please feel free to contact your FLORES Financial Services’ representative at (619) 588-2411.

COVID Update- Workers Compensation Reporting Deadline October 29, 2020

Employers with five (5) or more employees must report to their claims administrator via email or fax, any instance of which they are aware an employee tested positive for COVID-19, or risk substantial financial penalty. The report must be made within 3 business days.

If an employer is aware of an employee who tested positive prior to the effective date of this statute, between July 6, 2020, and September 16, 2020, they have until October 29, 2020, to report those cases.

California Labor Code Section 3212.88(i) states that, “When the employer knows or reasonably should know that an employee has tested positive for COVID-19, the employer shall report to their claims administrator in writing via electronic mail or facsimile within three business days all of the following:”

1. An employee has tested positive.  For purposes of this reporting, the employer shall not provide any personally identifiable information regarding the employee who tested positive for COVID-19 unless the employee asserts the infection is work related or has filed a claim form pursuant to Section 5401.
2. The date that the employee tests positive, which is the date the specimen was collected for testing.
3. The specific address or addresses of the employee’s specific place of employment during the 14-day period preceding the date of the employee’s positive test.
4. The highest number of employees who reported to work at the employee’s specific place of employment in the 45-day period preceding the last day the employee worked at each specific place of employment.

Reporting:

1. Timeframe of 9/17/20 to 1/1/2023: must report within three (3) business days all of the above data
2. Timeframe of 7/6/2020 – 9/17/20: must report within thirty (30) business days all of the above data

If your work site will need to report this information, please feel free to contact your FLORES Financial Services’ representative at (619) 588-2411.