As 2020 winds down, employers large and small will have to grapple with some significant changes to the state’s California Family Rights Act (CFRA). The September 17th signing of SB 1383 is a massive shift for California employers, since the CFRA has historically provided job protected leave for employers with 50 or more employees.
Following the 2018 decision in Dynamex Operations West, Inc. v. Superior Court, which established a three-part ABC test to determine coverage under the California Wage Orders—regulations from which many higher level and higher paid workers are exempt—Assembly Bill 5 now applies the ABC test to determine worker eligibility for inclusion in the workers compensation and unemployment insurance systems. All the employee rights found in the California Labor Code, including things such as paid sick leave, business expense reimbursement, and rules governing the frequency and timing of the payment of wages, are now determined by the new statute.
What you need to know: Effective January 1, 2020, the Fair Labor Standards Act (FLSA) will update the salary level test for overtime exempt status in the following ways:
When a 60-year-old nonprofit in New York City placing volunteers in schools closed its doors a few years ago, it recognized a sizeable fundraising risk it faced: its major donor, the City, was giving less and giving inconsistently. The nonprofit did take steps to address this, such as reducing expenses and asking schools for a “partnership fee.” Unfortunately, that was not enough to avoid closure.
There’s an old saying: “What you don’t know, can’t hurt you.” In the employment context, recent federal court cases have sometimes called for that phrase to become, “What you do know can hurt you”—especially if you ask the wrong questions and uncover information you shouldn’t have! Background checks help ensure you have all relevant information when making a hiring decision. Any good nonprofit conducts background checks on applicants for employment or volunteer positions as part of due diligence and risk management.