The Essential - February 2025 Edition | EveryBusiness HR Essentials, Inc

The Essential – February 2025 Edition

February 2025 // Volume 14 // Issue 1

WINTER UPDATE

Hello Clients and Friends,

Welcome to the Winter Edition of the Essential! With the new presidential administration in the White House, employers should expect to see a number of changes surrounding employment immigration. Changes to personnel at the Equal Employment Opportunity Commission and the National Labor Relations Board are also expected to impact how those agencies govern. We do not yet know how these possible changes will impact the handling of employment discrimination claims and other worker protections. Follow EBHR on social media for updates, and we will have more on expected changes in our next quarterly newsletter. In our Winter edition, we cover important updates at the federal and state level (for California employers) and some helpful reminders. Enjoy and be well, Sonya L. Kemp-Willson – Founder and President

Employer Guidance on California Wildfires

Although the wildfires in Southern California have thankfully been contained, there’s always a risk of additional fires breaking out. The comprehensive FAQ below courtesy of Fisher Phillips explores workplace challenges employers face following the California fires. In addition to outlining legal obligations, it provides practical guidance for addressing common issues during and after the disaster. View the FAQ here.

Immigration Compliance and Form I-9

With the new presidential administration having taken office, immigration enforcement is expected to be top of mind. To assist with compliance efforts, Littler law firm has published a checklist and FAQ.The checklist includes a Form I-9 audit. EBHR can assist you with ensuring your I-9 forms are complete and accurate. Using the correct Form I-9 is part of the compliance process. The U.S. Citizenship and Immigration Services (USCIS) has extended the expiration date on the current Form I-9. The current Form I-9 which was introduced on 8/1/23 has an expiration date of 7/31/26. New forms will have an expiration date of 5/31/27 and are available now on the USCIS website here. Employers may use either form until the respective expiration date.

Employment Visas and Work Authorizations

What to expect: Although it is uncertain what the second Trump Administration may do with regard to employment visas and work authorizations, especially in light of Trump’s partnership with Elon Musk, this article, courtesy of Quarles & Brady, LLP, spells out what to expect based on what was proposed or enacted in Trump’s first administration. This is an area of immigration that is likely to develop and change once the new administration settles in.

Got California Freelancers?

This is a reminder post that if you have agreements with freelancers or other single individual independent contractors in California providing professional services to your company totaling at least $250, be aware of Senate Bill 988 (SB 988).This new bill, effective 1/1/25, requires that freelance and/or independent contractor agreements of a single person or organization of no more than one person, must be in writing. This requirement applies to both new agreements and existing agreements you may have had in place prior to 2025. In short, independent contractors and their arrangements pre-2025 are not grandfathered. The written agreement requirements include:

Names of both parties
Itemized list of services, their value, and compensation method
Payment due date or mechanism to determine due date
Due date for contractor to report completed services

Important note: Once work has begun, the hiring party may not require the freelancer to accept less compensation nor provide more services than agreed to in order to receive timely payment.To comply, first assess your freelancers and independent contractors to determine if they meet the state’s definition of “Independent Contractor” under the ABC Test. If they do, prepare an agreement which includes the above criteria for each contractor and have agreements executed. Provide a copy to each contractor and retain copies of each for your files for a period of at least four years.

DOL Opinion Letter Re: FMLA and State Leaves

The FMLA grants eligible employees job-protected leave for certain family and medical reasons, but the leave is unpaid. The FMLA substitution rule governs when employers can require, or employees can choose, to use accrued paid leave (e.g., vacation, PTO, or sick leave) to receive pay during unpaid FMLA leave.Under this rule, employers may mandate, or employees may opt, to use paid leave concurrently with FMLA leave. However, the rule does not apply if the employee receives pay through short-term disability (STD) or workers’ compensation benefits, as the leave is not unpaid. In such cases, accrued paid leave can only be used to supplement partial pay if both the employer and employee agree.Although the FMLA specifically mentions STD and workers’ compensation, 14 states and Washington, D.C., have paid family and medical leave (PFML) programs that also provide partial income replacement for similar leave reasons. These programs typically run concurrently with FMLA leave. A recent Department of Labor (DOL) Opinion Letter clarifies that PFML benefits, like STD or workers’ compensation, preclude the substitution rule because the leave is not unpaid. Employers and employees must agree to use accrued paid leave to supplement PFML benefits and achieve full pay.As PFML programs expand, the DOL Opinion Letter offers guidance for employers navigating how accrued paid leave integrates with PFML benefits. Employees often prefer to “top up” partial pay with accrued leave, but employers may find this administratively challenging. The Opinion Letter allows employers to decide whether to permit such “top-ups.” However, some state PFML programs mandate top-ups without employer consent, so employers should consult legal counsel to ensure compliance with state-specific requirements. You can learn more here courtesy of Littler Law. Action Item: Review your handbooks and update your policies with regard to income replacement when employees are on unpaid FMLA or state PFML so that company paid time off cannot be used concurrently while an employee is receiving payments from state disability, state family leave benefits, or workers’ compensation benefits.

California Whistleblower and Other Notices

Effective January 1, 2025, AB 2299 required the California Labor Commissioner to develop model notices to help employers comply with Labor Code section 1102.8. This law mandates that employers post notices informing employees of their rights and protections under whistleblower laws. The California Department of Industrial Relations has released a compliant model notice that employers can use to meet these requirements here: https://www.dir.ca.gov/dlse/whistleblowersnotice.pdfTo comply, the notice must be printed on 8.5 x 14-inch paper with margins no larger than half an inch, ensuring the text is larger than 14-point font. Employers may use their own notice, but it must also be in 14-point font and include the whistleblower hotline number: 1-800-952-5225.For remote employees, the law does not provide explicit guidance. However, under Labor Code section 1207, employers may email the notice as an attachment. This does not replace the requirement to physically display the notice at the workplace.OTHER CALIFORNIA NOTICES In addition to the whistleblower notice mentioned above, California employers will need to ensure that they update their labor posters to include changes to the workers’ compensation law that informs employees that they may consult with a licensed attorney. Employers can receive timely labor updates by subscribing to a poster delivery service.On July 1, 2025, the Civil Rights Department (CRD) is expected to publish a notice to be distributed to employees explaining their rights under the expansion of AB 2499 concerning victims of crime or abuse. While you are not required to use the form published by the CRD, you must at least provide a notice that is substantially similar in content and clarity. You may also create and provide a notice earlier than July 1. The notice must be provided “upon hire, to all employees annually, at any time upon request, and any time an employee informs an employer that the employee or the employee’s family member is a victim.”

OSHA AND IRS MILEAGE REMINDERS

It’s that time of year again!Employers who had 11 or more employees in the entire company at any point in 2024 are required to post the Occupational Safety and Health Administration (OSHA) Form 300A, Summary of Work-Related Injury and Illnesses, from February 1 through April 30. This requirement applies even if the company didn’t have any recordable incidents in 2024. OSHA Form 300A must be certified by a company executive and posted in each establishment in a conspicuous location where notices to employees are customarily posted.Certain establishments are partially exempt from OSHA’s routine recordkeeping requirements, including this one, if they have 10 or fewer employees or if their primary business activity is classified as low hazard according to OSHA’s guidelines. A full list of exempt low-hazard industries, ordered by North American Industry Classification System (NAICS) codes, can be found here. (The exemption is “partial” because all employers must notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye.)For more information use the link below: Recordkeeping – Overview | OSHA.gov | Occupational Safety and Health Administration The IRS standard mileage rate has been updated for 2025. The rate is 70 cents per mile driven for business purposes. This rate also applies to electric and hybrid vehicles. The use of this rate is optional, but it is recommended as an easy and standard reimbursement rate for employees who use their personal vehicles for work. For more information use the link below: Standard mileage rates | Internal Revenue Service

Questions? Contact Us!

We invite you to reach out to us for support on matters such as reviewing your employee handbook, crafting policies, employee relations issues, benefits management, scheduling and training employees on Harassment Prevention Training, or any other HR matters. Please feel to reach out to us at [email protected] for support.

Key Dates

Monday, February 17 – Presidents’ Day | Random Acts of Kindness Day
Friday, February 28 – Ramadan (at sundown)
Wednesday, March 5 – Ash Wednesday
Sunday, March 9 – Daylight Savings Time
Monday, March 17 – St. Patrick’s Day
Thursday, March 20 – First Day of Spring
Tuesday, April 1 – April Fool’s Day
Saturday, April 12 – Passover (at sundown)
Tuesday, April 15 – Tax Day
Friday, April 18 – Good Friday
Sunday, April 20 – Easter
Tuesday, April 22 – Earth Day

This publication is intended to provide general information only and is not intended as a source of legal advice. You should not assume that any information included applies to your specific situation. Accordingly, you should not use this information as a substitute for legal advice from a licensed attorney.

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