CalNeva Law Podcast

Brett invites Jared Hague and Travis Hodgkins to the podcast for a discussion about important changes to California's New PAGA law. They cover key features of the law updates, new legislation nuances, and the importance of speed and taking proactive steps in strategically navigating these claims. Tune in for a list of action items that can be taken now to dramatically limit exposure to costly claims.   Highlights: Nuances of the California wage and hour law. The importance of implementing arbitration agreements. How PAGA works and why it is a challenge for so many California employers. Steps to minimize liability under a PAGA lawsuit. Distinctions between class actions and PAGA actions. First steps and common proceedings in a PAGA lawsuit. Features and changes of PAGA law that employers need to be aware of. The minimum bar of four reasonable steps that must be taken to make the best possible compliance case argument. Updated 2024 reformed violations of note and actions to take in response. The purpose and benefits of requesting early evaluation. Deadlines to be aware of — speed is the name of the game here.   Resources: Suttonhague.com Calnevalaw.com

Jared and Brett invite James Boretti and Johnny Hernandez on to the show to talk about the latest California workplace violence law - SB553. Both James and Johnny have over 60 years of combined experience in OSHA compliance and SH&E Management and have resources to share on what employers can do to reduce the instances of violence on their premises in this podcast episode.    Highlights: A little bit about your guests James and Johnny.  There's been an increase in workplace violence.  What is the SB553 law all about? What is considered ‘violence'?  What are some of the things an employer should be aware of?  What should a small employer with a limited budget focus on?  How should you best train your employees about workplace violence?  It's important that everyone in the company can recognize the signs and symptoms of the stages of violence and to bring in professionals that can stop it before it becomes irreversible.  Remember, this is not a one and done. You will have to revisit these resources and keep it top of mind for everyone in the company. Jared and Brett have a mid-yearly update for California and Nevada employers on June 12 & 13 at 12pm Pacific. Sign up to be notified!    Resources: Suttonhague.com Calnevalaw.com Borettiinc.com

Jared and Brett talk about the latest legal updates in Nevada that are crucial for employers to understand. They discuss the specifics of Nevada law regarding gender expression discrimination, the implications of temporary furloughs on compensation, and important Nevada-specific minimum wage updates. The episode also talks about the updated definitions of independent contractors and the new legal protections for pregnant and nursing mothers in the workplace.   Highlights: Follow Sutton Hague on social media? You could be eligible for a Starbucks gift card! Employers must accommodate religious beliefs unless there is an “undue hardship.” How do you define this? You have to show a substantial burden. It's much harder now to deny religious accommodation without documented proof. Do you need to accommodate a person with gender dysphoria under the ADA? Things to be aware of under Nevada law on how to best accommodate a person with gender dysphoria. What does the Nevada law say about discrimination against gender expression? Can someone have a valid claim for sexual harassment if they deem the music being played in the work environment as offensive and discriminatory? Some quick Nevada legislative updates. There are some new rules on how workers' comp records need to be provided. What happens to a worker's compensation when you put someone under “non-working status,” like a temporary furlough? Jared joins the conversation to talk about minimum wage updates. Let's talk about the rolling 24 rule. What's considered a “work day”? If an employee comes in 10 minutes early, employers could owe them overtime. Talk to your payroll provider to help you through this process. Many payroll providers do not know about this rule because it's specific to Nevada law. This minimum wage law is part of Nevada's constitution. They take it seriously! Daily overtime is owed to an employee making less than $15.375 per hour with exceptions and less than $16.875. Jared explains further. Nevada updated their independent contractor definitions. Jared talks about law NRS 608.0155. Employers can mistake who their employees are. Just because you say they're an independent contractor doesn't mean they are. They might be operating as a full-time employee under the eyes of the law. Temp employees from a temp agency could be considered independent contractors; now you could be liable for 20‒30 more employees than you thought you did despite hiring a temp agency. There are new laws for pregnant and/or nursing mothers. You can't make mothers express breast milk in the bathroom, and employees can now file a lawsuit against this. Non-compete agreements now violate the NLRA. What does that mean for your agreements?   Resources: Suttonhague.com Calnevalaw.com  

In this episode, Jared and Brett navigate the latest updates in religious accommodation, gender dysphoria under the ADA, and the evolving definitions of sexual harassment. They delve into the significant legislative changes in California, including 30 new pieces of legislation that impact employer policies. Key topics include the implications of SB 700 on cannabis use in the hiring process, the challenges of non-compete agreements under California law AB 1076, and the intricacies of PAGA claims. This episode is a must-listen for employers seeking to stay informed and compliant in an ever-changing legal landscape.   Highlights: There are new religious accommodation updates that employers need to be aware of. If you deny someone an accommodation, you have to get ready to justify why you couldn't accommodate the employee's religion.  Is gender dysphoria a protected disability under the ADA? What do employers need to know? What is considered “sexual harassment”? It's not just unwelcome physical advances. There are 30 new pieces of legislature in the state of California. It's important to revisit your handbooks and your policies. When an employee has exhausted all the different types of leave available to them, they can still come back. You are not able to fire them. Let's talk about SB 700, which prohibits employers from requesting information from job applicants relating to their prior cannabis use. What tests can employers use now in the hiring process? When you're crafting your policies, you need to have specific language around marijuana use. The law is going to protect off-duty lawful use of marijuana. Law SB 428, employers will have an easier time getting a restraining order against a former employee in 2025. What do employers need to be aware of if an employee makes a safety-related complaint? You are marching uphill if you want to craft a creative non-compete or non-solicitation agreement under California law AB 1076. Employees can bring a (Private Attorneys General Act) PAGA claim to an employer and they cannot force it into arbitration. Independent contractors' classifications are very difficult to prove in California and if you get it wrong, the penalties are going up. If you're relying on criminal background checks to make hiring decisions, you're going to have to be more thorough and incorporate more documentation into that process.  The minimum wage will be going up in California. There will be no grace period. There are some new decisions happening in the National Labor Relations Act (NLRA), which allows employees to communicate with people about concerns about their workplace. Can employees sign a confidentiality agreement? Jared and Brett do Q&A. Can employers pay out sick leave balance at the end of the year? Every employer is going to have to learn about marijuana law and their legal implications more than they thought they would.  If an employee is absent but they don't want to take sick leave, what should employers be aware of? It's best not to combine PTO and PSO policies. Keep them as separate as possible.    Resources: Suttonhague.com Calnevalaw.com  

This episode is a deep dive into the complexities of state versus federal regulations, the nuances of the Private Attorneys General Act (PAGA), and the critical ABC test for employee classification. From joint employer rules to the intricacies of wage order postings and commission agreements, this discussion is packed with essential insights. Join Brett and Jared as they dissect the critical aspects of wage and hour law compliance, offering a wealth of knowledge to help you steer clear of legal pitfalls and maintain a compliant and efficient workplace.    Highlights: Don't forget to follow Sutton Hague on social media!  So many businesses don't realize they're in the red with wage and hour law compliance. Brett explains the difference between wage and hour California state law vs. federal law.  This subject can be a constant moving target for employers. It is hard to keep track if you do not have active legal counsel.  What do people need to know about the Private Attorneys General Act (PAGA)?  Under PAGA, employees can file on behalf of other employees who suffered from a different violation than they did.  What is the ABC test to determine if you have an employee vs. an independent contractor?  You need to know who your employees are and what they're classified under.  What is the joint employer rule and how does that affect you conducting business with another business entity?  In labor code section 2810.3, if you have more than 25 employees and use more than 5 temporary workers from a staffing agency, you share liability over those people.  Are Vice Presidents with a six-figure salary exempt employees under California law? This is false!  Wage order posting requirement: What you need to know and how to determine which one to post based on your business. . You need to have written commission agreements for your employees.  There is a PAGA penalty for every single labor code violation. Even if you paid your employees correctly, but don't have the correct agreements in place, you could be subjected to penalties.  You must have a paper trail. This includes payroll records.  By the way, rest periods are counted as hours worked. Should you track these ‘rest' periods? If an employee asks you for a hard copy of their pay stub, you must give it to them.  It should be displayed very, very clearly an employee's overtime wage rate.  Should employers mail out checks to terminated employees?  What does an employer do if an employee quits but they weren't notified until a week after the fact?  How should employers handle expense/reimbursement issues?  What are the rules behind employee uniforms?  When does it make sense to reimburse employees for their cell phone usage?  There are different ways to reimburse mileage rates. You can do it via a fixed sum or variable sum, but if you vary from the standard IRS rate, the burden of proof is on you.  Vacation PTO: What should California employers be aware of?  What do you do if you have an employee on vacation but still answers emails and phone calls?  How long is an employer required to cover the medical premium of an employee while they're out on family and medical leave?  Did you know under California law, employees can not work 7 days a week. However, you can waive this.  What do you need to know about wage order 4?  If an employee requests a direct deposit, what do employers need to do to accommodate this?  There is a salary threshold test for administrative, executive, and professional exemptions. Jared talks about a rule that will be going into effect soon that will push the salary exemption level higher.  Make sure your job descriptions are accurate and that they correctly describe what your employees are doing.  What do you do with an outside sales exempt employee that might no longer qualify?  Do you have to pay employees for travel time to job sites or client locations?  It's important employers track the flow of when an employee clocks out vs. when they officially leave the building. The nuances can get you in a lawsuit.  Should you round up or down when it comes to time? Be careful when you do this. Small increments of time are important to employees.  California minimum wage is going up! What do employers need to know?  How do you calculate the regular rate of pay? Why is this so important to get right?  Longevity bonuses do not have to be included in the regular rate of pay. However, there are caveats.  How do you calculate the regular rate of pay when there's a bonus involved? For example, per diem rates?  Under federal law, there is no required meal rest break, but this is not true in the state of California.  If an employer doesn't provide a complaint meal period in a day, you could have two violations and owe one hour of pay for each day you didn't provide a meal period.  If the employee doesn't want to take a meal break, they don't have to, but it would be best if they signed a waiver confirming this.  Why does Brett recommend offering employees 35 minute meal periods as opposed to 30 minute meal periods?  Rest breaks included relieving the employee of all duty; which means they need to refrain from checking email, phones, or even work radios.  It is very important for managers and supervisors to also understand the rules behind rest breaks and meal periods. Ideally, there should be regular training for this in your workplace.  Can a class action waiver apply to PAGA claims? The answer is no!  You should still have an arbitration agreement in place. You also have to pay for the cost of the arbitration in order for this to be enforceable.  Look out for Sutton Hague's webinar schedule for next year!    Resources: Suttonhague.com Calnevalaw.com

There's a lot of fear in the air right now. Brett has never been so busy within his practice and he's been doing this for 35 years. During times of perceived economic downturn, litigation and lawsuits end up spiking up. In this podcast episode, Brett explains how to reduce your risk as much as possible when you're considering letting go of some of the workforce. How do you approach this? How do you avoid getting sued for unfair termination? Brett covers all of this and more.   Highlights: Brett and his office have been busy! There's some economic disruption happening. What should employers be thinking about when it comes to reduction in workforce? What are some alternatives to reduction in force? There are a lot of nuances to reducing your workforce “without” notice. If you're in California, you need to be careful with reducing someone's hours. You need advance notice. Can employers do furloughs? After exhausting all the alternatives, what's the next step to reducing the workforce? Are you going to let someone go due to their performance? Brett explains the best legal approach to doing this. From a legal perspective, really think through your layoffs. You need to have proof. Are you laying off anybody who recently filed a worker's comp? People get scared and they start to think if they're next, and then a ripple effect ensues. Be careful. People get angry or upset and might sabotage relationships with your clients and/or publish unflattering news about you on social media. When does it make sense to conduct a company-wide layoff? After a layoff, people do consult their lawyers and you might get dinged for something unrelated to the layoff itself. If you have a remote worker, are they still eligible for FMLA? If you go through a second or third round of layovers within a 90-day period, you need to be careful if it falls under the WARN act. Do your employees have a written employment agreement? Whatever you do, you need to have a qualified attorney helping you with this process. What do you want confidential? Your client list should be on there. In your severance agreement, there is often language that makes other agreements void once an employee signs this one. You have to make sure you're referencing other agreements that employees have signed in the past like NDAs. You need to have a clear document stating the decisional markers as to why employees were fired. You have to also prove that you didn't fire your older employees intentionally or else you could be sued for ageism. What should employers know about the “Silence No More” act? The more information you can give to your employees, the better. People tend to “fill in the blanks” when they don't have the needed information and their imagination can take over. Have questions? Please feel to reach out to Brett and his team.   Resources: Suttonhague.com Calnevalaw.com

There's a big development happening in California employment law that many employers have been waiting on. For a little while, California employers were in a bit of a limbo to understand whether mandatory arbitration agreements were enforceable or not. In this episode, Brett explains what an arbitration agreement is, what the AB51 is, and what does this new court ruling mean for employers with employees in the state of California.    Highlights: What's happening with legislation in California?  Let's give context and talk about what AB51 is.  What is an arbitration agreement?  A properly drafted arbitration agreement makes it difficult for people to file a class action lawsuit against their employer.  The arbitration process is very expensive, however there is a trade off.  So what was the main reason for drafting AB51?  Is AB51 enforceable?  For a little bit, the courts were in limbo with this assembly bill. As of February, 2023, it means this bill is not enforceable. But what does this mean for employers?  What is Brett's recommendation as of right now for California employers?    Resources: Suttonhague.com Calnevalaw.com

Geralynn Patellaro has been practicing law for the last 20 years and is licensed in California and Nevada. During her time, she's seen every conceivable workplace investigation and has experienced all facets of where it can go. In this webinar, Geralynn answers some frequently asked questions from employers, business owners, and HR. She covers everything from workplace sexual harassment lawsuits to how to conduct an investigation with international jurisdictions and witnesses.   Highlights: A little bit about Geralynn and her background in law. There are certain distinctions you need to be aware of on who can do outside workplace investigation in the state of California and Nevada. When you take the time to investigate an issue, it's going to look like to the jury that you took this workplace issue seriously. Does investigation seem too serious of a word? Geralynn recommends calling it a “fact-finding” mission. Who should do the workplace investigation? What options do employers have? You have to do the best investigation you can, based on the information provided. Geralynn offers things she considers when she's working with a client on an investigation case. You have to understand what you're legally/required to turn over vs. what information you don't have to turn over. If your investigation involves someone who is not a U.S. citizen, there are distinctions you need to be aware of, too. Sometimes an investigation boils down to a “he said, she said.” What do you do then? Geralynn shares the EEOC's five credibility factors and DFEH's nine factors. Quick shout out to Boys & Girls Club of Truckee Meadows. All proceeds from this webinar will be donated to them. Please consider donating. Does the employee need to inform you that they're recording their investigation interview? What's the best way to talk to the complainant? What do you do if both parties in dispute have to continue working with each other? After the investigation, check in with the complainant. This is where the hard work truly begins. How do you ask questions without alarming staff members? The manager often doesn't want to escalate a situation to HR. Geralynn's philosophy is that if a manager can handle it, let him or her do it, but at least document it with HR. Geralynn offers some final piece of wisdom: Just document what you can. No report is perfect, but there should be a paper trail for why things couldn't get followed up on and more. What should you look for in an interpreter if an employee is not a native English speaker?   Resources: Suttonhague.com Calnevalaw.com Babwp.com Bgctm.org

Brett Sutton and Jared Hague talk about the recent Wage and Hour ruling in the Viking River Cruise case, and talk about what California employers need to be aware of when it comes to class-action cases. If you're a California employer, then this is an episode you won't want to miss as it has some new information about the recent court ruling that could affect California-state specific employers going forward.    Highlights: California has one of the strictest wage and hour rules in the entire country. There are frequent class action cases filed in California and it really hurts employers.  There are two types of penalties employers can fall under with the wage and hour law.  Can employees sign an arbitration agreement to help mitigate the risk on the employer?  What is an arbitration agreement in a nutshell?  What can be covered in an arbitration agreement between employer and employee? If you don't have these certain key bullet points within your arbitration agreement that doesn't include all these features, then it might not be enforceable. Employers can not require employees to enter into an arbitration agreement as a condition of their employment.  What do you need to know about the AB51 law?  Employers can include a class action waiver in their arbitration agreement.  Let's talk about the Viking River Cruise case.  Every California employer should take arbitration agreements seriously.  California law requires you to pay for the arbitration. That's not a small amount, especially if a group of employees bring a class-action arbitration against you.  An arbitration agreement with a class action waiver is as close as you can get to being protected.  A very minor infraction in the California laws can just snowball into a big monster for an employer.  The best thing you can do is make sure you're in compliance with California Wage and Hour laws.   Resources: Suttonhague.com Calnevalaw.com

Brett Sutton and Jared Hague talk about the latest update to California meal and rest period employment laws and what California employers need to know about this recent change. There are little nuances to this law that you need to be aware of and in this episode, Brett and Jared help make suggestions (not legal advice) on how to best navigate this within your company.    Highlights: A bit of background around meal and rest period laws.  There are significant financial consequences if you don't properly provide meal and rest time to your California employees.  Meal periods are unpaid and rest periods are paid. What penalties should the employer be aware of if they do not accurately do this?  Brett reminds employees what their pay stub needs to say.  Your employees might be taking all the necessary rest breaks, but if you are unable to prove this, you're on the hook.  Jared brings up the recent case that got brought up in regards to accurate meal and rest period times. With the recent decision, the stakes have increased dramatically.  You really have to revisit what you're doing and make sure your company is fully compliant. The first starting point is your policy.  Jared recommends doing a quarterly spot check within your company.  Supervisors need employee training to help them understand employment laws and to keep track of meal and rest period breaks.  It is part of a manager's job to make sure the company complies with meal and rest periods.  It's hard enough to be in business. Don't make it harder for yourself.    Resources: Suttonhague.com Calnevalaw.com

Today's special guest is Ryan Lyle from IRI Consultants. Ryan has extensive experience in union representation and they have invited him today to talk about current developments for employers on the National Labor Relations Board. Jared shares his own experience and key takeaways from a recent successful union election. Ryan also discusses topics that will help employers better understand the latest trends happening within the union and shares how he believes workforces will be unionized in the future.   Highlights: What is the National Labor Relations Board (NLRB)? The NLRB has two main areas of responsibility: run union representation elections and administer unfair labor practice charges. Ryan provides an overview of how a union election works in the U.S. He shares what happens in a worst-case scenario when an employer gets surprised by a petition for an election. Ryan also talks about the mandatory meetings that cover the educational aspects of having a union. Jared shares the process they went through and some of the lessons they learned from the recent union election they had in Nevada. To persuade the employees to vote against the union, Jared talks about captive audience meetings and explains why they were critical in their communications. In August 2021, then newly-appointed general counsel of the board, Jennifer Russo released a public memo. Ryan continues to share what it was. Ryan disagrees that captive audience meetings are implicit or implied threats. He explains why. He shares there is now an emphasis on the NLRB making rule changes based on case law and administration. Ryan provides some examples. One of the ways that a union can organize in a workplace is to get authorization cards signed. Ryan shares what the changes will be if the new law passes. Brett and Jared share their thoughts on the potential, significant changes explained by Ryan. Brett summarizes the key takeaways from today's discussion: assess the risk early, don't make assumptions, and be proactive in your communications.   Resources: Suttonhague.com Calnevalaw.com Iriconsultants.com

Brett Sutton and Jared Hague talk about the recent developments that have happened regarding the AB-51 mandatory arbitration agreement law. Brett first dives in by giving a simple overview of what an arbitration agreement is, how it works, and some of its pros and cons. After, Jared steps in to explain the upcoming legal changes happening within the law and what employers need to know going forward.   Highlights: What do employers need to know about mandatory arbitration agreements? The laws can change on any of this information provided today. Before taking action, seek legal counsel for your unique situation. A quick overview of workplace arbitration agreements. All things being equal, employers want to be in front of a trained arbitrator vs. a jury. A huge benefit for California employers is that they can include a class-action waiver in their arbitration agreements. If you're in an industry that's not popular with the public, like chemicals or oil, then it's even more important to favor an arbitration agreement. What are some of the disadvantages of an arbitration agreement? There's been pushback by certain advocacy groups saying that an arbitration agreement is not fair. Jared steps in and explains what have been some of the latest developments happening in this space. Let's take a quick look at why the Federal Arbitration Act was created in the first place. What's the biggest takeaway that you need to know about AB-51? You can't incentivize your employee in any way nor fire him/her if they don't want to sign an arbitration agreement. What happens to you if you violate AB-51? When should you ask someone to sign an arbitration agreement? What are some of the best ways to protect yourself from a potential lawsuit? Brett and Jared weigh in with their thoughts.   Resources: Suttonhague.com Calnevalaw.com

Brett Sutton and Jared Hague sit down to discuss the recent ruling in the Supreme Court of California on the Donohue vs. AMN case and how it might affect employers in the future. In the State of California, they take their meal and rest breaks seriously, and if employers fail to comply, they can risk multi-millions in lawsuits. Brett and Jared share their thoughts on what all this might mean and provide a little bit of clarity on how employers can prevent this from happening to them in this week’s episode.   Highlights: Let’s do a quick review on what the basic meal period and rest rules are currently under California law. For other states, the meal period is incredibly flexible, but for California, it is very strict. What’s behind the 2012 Brinker case? What are the definitions of a rest period? A recent Supreme Court of California ruling could change all of this. What do you need to know about the 2021 Donohue vs. AMN Services case? Despite the software rounding up and down on employees’ lunch breaks, it appeared that employees were taking on average a 45-minute lunch break. Can employers properly round time punches for meal periods? It’s every employer’s duty to maintain accurate records. This means you need to prove that the employee did not waive their opportunity for a full 30-minute break. Brett and Jared take turns talking about some of the lessons they learned on the case. You need to be very careful with your meal and rest policies. The handbooks you have might very well be wrong or out to date. It’s going to be harder and harder to overcome non-compliant meal period time punches. Make sure your timekeeping technology isn’t “rounding up.” What kind of evidence or statement should you include in your meal periods, going forward? If the court determines your records are unreliable, they’re going to get thrown out and it’s going to cost you big. When does it make sense to offer an individualized settlement agreement? It might be time to consider a severance program.   Resources: Suttonhague.com Calnevalaw.com Sba.gov/ppp

Brett Sutton is joined by Joe Amato, the District Director at the Small Business Administration to discuss the latest updates in the Paycheck Protection Program and answers the attendee’s live questions. After that, Scott, a CPA based in Nevada, will discuss what you need to be aware of when trying to file your Federal loan tax credit for last year, and other tax info you need to consider. All the proceeds of this webinar will be going to the food bank of Northern Nevada.   Highlights: What do we need to know about the second draw of PPP? Every application for PPP must be in before March 31st. The eligible expenses for PPP have changed. How are you eligible for a second draw? If you have a 25% or greater loss in revenue, you’re eligible. For PPP1 you need to be at 500 employees or less and for PPP2 you need to be at 300 employees or less. Do you have to apply for forgiveness in order to get a PPP second draw? Is your PPP taxable by the IRS? Do you have to use the same lender? The answer is no! Best places to contact a lender? Joe answers some pending questions! The whole idea of PPP is you get a fully-forgiven loan. It was unrealistic for the IRS to not let you deduct your expenses from a PPP loan. Applied for PPP and haven’t heard back? Scott takes the stage to discuss the Federal loan tax credit. How do you consider sick leave? There are special rules for the self-employed. Remote schooling? You might qualify for medical leave. You have delayed payment of your employee payroll taxes. What do you need to know about the PPP flexibility act? Make sure your bookkeepers are using the right credit and going through this manually! Some software is not automatically calculating this. The IRS is behind, but they will still be checking on these tax returns. With the PPP proceeds, are they tax-exempt income or are they capital contributions? This is tricky and we still need more clarification on this. Scott answers some questions! Should you keep your doctor’s notes to prove you have a legitimate request for medical leave?   Resources: Suttonhague.com Calnevalaw.com Sba.gov/ppp Email Joe: Joseph.Amato@sba.gov

Brett Sutton and Jared Hague are joined by OSHA veteran James Boretti to discuss the new Cal/OSHA Emergency Regulations. James comes with over 33 years of experience and knows the ins and outs of OSHA compliance. In this webinar, you’ll learn what you need to know when it comes to an exposed risk of COVID-19 in the workplace, what is still pending clarification, and best practices to put in a prevention program. Stay till the end, where Brett, Jared, and James answer questions live from the participating audience.   Highlights: Brett shares some resources that you can use in regards to the employee handbook and COVID-19 on their website. A bit about James and his expertise. What do people need to know about the new Cal/OSHA Emergency Regulations? Do these new regulations apply to your business? Universally, it’s going to be a yes. Jame shares what the Aerosol Transmissible Diseases (ATD) is about and who it applies to. Employers need to establish and implement a COVID-19 Prevention Program (CPP). What is considered a COVID-19 case? You will probably need additional help to complete and implement the CPP. What notices do you have to provide? You have to give notice about potential COVID-19 exposure within one business day. What type of training do you have to provide for your employees? What is considered a “high-risk” exposure? Are employees entitled to paid leave? When can employees apply for unemployment? Is there a pay limit under the emergency standards as of right now? The answer is no. How do you determine whether COVID-19 exposure was work-related? What documentation do you need? What’s the protocol on how to notify people who have potentially been exposed to the virus? Contact tracing in the workplace is critical, but do you put it on the reportable or the OSHA log 300? The fine for not reporting within an 8-hour period is $5,000. There are actually two definitions of “outbreak,” depending on which guidelines you look under. Can an employer require their staff to be vaccinated? Brett, James, and Jared answer some of your burning questions! You do have to let your staff know within one business day that someone on the team has been exposed to COVID-19. If an employee is quarantining at home, do you still need to inform your staff about the recent exposure? What testing can you ask your employees to bring in before they go back to work? What kind of information should you have on hand and ready to provide the health department if an outbreak were to occur? Unfortunately, you’re getting guidance and regulations from three different sources, so the information you need can be conflicting.   Resources: Suttonhague.com Calnevalaw.com Borettiinc.com

Brett Sutton is joined by two members of his team, Sandra Lepson and Evelin Bailey, to discuss the upcoming changes to CFRA and what employers need to know about the new SB-1383 expansion. The team also dives into FMLA and how this will be adjusted/used in combination with these new CFRA changes. There’s a lot to cover in this week’s podcast, so let’s jump right in. Highlights: What is the current CFRA law? A covered employer has to have 50 or more employees under the CFRA and Family and Medical Leave Act (FMLA). Who is an eligible employee under CFRA vs. FMLA? What are some qualifying reasons an employee can take leave? How does military leave apply under the FMLA? A family member can leave for up to 26 workweeks to care for an injured military member. This is unpaid, but it is job-protected leave. Evelin shares what leave is available under California law vs. Federal law. What are the upcoming CFRA changes and whom will they impact? Brett weighs in on what he’s seen when it comes to layoffs during the pandemic. The definition of family member is changing. Employees can take on the care of the elderly grandparent for up to 12 workweeks and they’d still be eligible for personal leave for up to 24 workweeks. This is where things get complicated. Parental leave laws and how they’re changing in 2021. What happens if the CEO or an executive member needs to take leave? Any employer with five or more employees has to comply with the pregnancy disability leave law. Your employee handbook needs to be updated! Make sure you designate the leave in writing! What is the max potential for taking leave? Your employee could technically be out on leave for 56 workweeks. What questions should you ask your employee before they take their leave? Things to think about when it comes to the health insurance benefits. Regulations are still being ironed out, which means you have to check in with your employment counsel for the latest updates.   Resources: Suttonhague.com Calnevalaw.com

In this webinar, Brett and team answer what employers need to be aware of if their staff works between California and Nevada state lines. When it comes to overtime or even wage and hour laws, what should they be aware of? How do you calculate vacation pay? They also answer the important question of when it makes sense to create an arbitration agreement! All this and more in today’s episode.   Highlights: Please subscribe to this podcast! It helps out the show! Today’s topic will dive into which laws apply when you cross state lines. What do you need to know about Labor Code 226? If an employee works more than 10 hours a day in California, they need to have a total of two 30-minute meal times. How does this differ in Nevada? If you fail to comply with some of these regulations, it could cost you over a million dollars in penalties! The difference between alternative workweek schedules in Nevada and California. What law do you need to follow if workers are working across state lines? What do you do if an employee works five hours in Nevada and five hours in California on the same day? What’s the difference between Labor Code 224 and 226? And how do you know which applies? California is very protective of its employees. If you’re coming into California and working a majority of your time in that state, then you’re subjected to California laws. What do you need to know about minimum wage and overtime if an employee works across state lines? There is a ripple effort on a wage and hour violation that you must be careful of. What is your risk tolerance? Are you dealing with just one employee or hundreds of employees? What do you do about vacation pay? When does it make sense to bring in an arbitration agreement? Q&A Session. If you’re a Nevada-based employer, but your employee is working from home in California, what should you do? Does a Nevada employer have to worry about where their employee’s residence is?   Resources: Suttonhague.com Calnevalaw.com

Sutton Hague staff Sandra Lepson and Evelin Bailey have some updated information as to what California and Nevada employers should do if one of their staff has tested positive for COVID-19 or has been exposed to COVID-19 by a family member. Everything from how you ask them for the COVID-19 tests, what type of sick leave does this fall under, and how to conduct proper contact tracing are outlined in this week’s episode.   Highlights: Sandra and Evelin have been getting a lot of questions about how to navigate COVID-19 issues. What kinds of questions are employers allowed to ask employees? What should you do if an employee tests positive for COVID-19? How do you keep third-party (contractors) safe from an outbreak? Reach out to your health department and work closely with each other. The rules are constantly changing. What are the current reopening protocols for California? If an employee tests positive, what’s the first thing an employer should do? What leave does the employee qualify under if they are COVID-19 positive? What do Nevada employers have to consider? What documentation do employers need to request from their employees? When can a sick employee return to work? It’s important to do a contact trace and reach out to your employees privately to let them know about a potential exposure. What happens if an employee has symptoms but has not yet tested positive for COVID-19?  What do employees need to be aware of if they test positive for COVID-19?  If someone is out sick and capable of working, and if the job allows them to work remotely, then it would not be considered sick leave. You need to reach out to your county health department if you have three or more infected employees. What happens if an employee tells you their spouse tested positive or they were in contact with an infected person? What is defined as an outbreak and how is ‘close contact’ defined? Be very careful in what you ask an employee when it comes to their medical history. Use your health department as your ally. Hiring a certified safety professional can save you tons of cash in the long run.   Resources: Suttonhague.com Calnevalaw.com

Sutton Hague staff Sandra Lepson and Evelin Bailey discuss what employers need to know about the California Consumer Privacy Act (CCPA). The CCPA doesn’t apply to everybody, but it goes into effect in 2020, and the penalties are harsh if you do not comply. Both Evelin and Sandra give an overview of what the CCPA is, why it’s important, and why employers are worried about it.   Highlights: If you enjoy this podcast, please rate and review us! Also, feel free to visit our website for more helpful information. What is the CCPA and why is it an important topic? Why are CCPA and AB25 important right now? Who does the CCPA apply to? There are three criteria if it applies to you. Important to consult with your proper legal counsel because the penalties are harsh! Employers are worried because this law can be a bit broad. Sandra explains what employers need to know and the best ways to proceed. If a business doesn’t give the employee notice at the point of data collection, the business shall not collect personal information. How does that apply to job applications? Employers need to review their privacy policies. What does the CCPA require from you? Do you have to start encrypting all of your emails? Quite possibly, yes. Talk to your IT person or an IT security specialist on how to best become compliant with CCPA regulations. Why should you care about the CCPA? It’s going to be very, very costly if you don’t comply. The attorney general is not going to bring any action until July 1st. You need to make a good faith effort to try and comply. You have 30 days to do so. The penalties will be less, but if you don’t even try to put regulations in place, the penalties will be so much more. If you have 1,000 employees and you ‘intentionally’ violate these regulations, you could be on the hook for $7.5 million. Take action on this as soon as possible. Reach out to your lawyers. How can employers move forward on this? Sandra Lepson and Evelin Bailey offer some final words of advice for employers.   Resources: Suttonhague.com Calnevalaw.com

Robert W. Wood is a Tax Attorney with more than 40 years of experience in his field. He has written more than 30 books on the subject of taxes and also writes regular columns for Forbes.com. When it comes to the PPP and taxes, there’s been some confusion on how business owners should classify this money on their tax return. Robert weighs in on the subject and what you need to be aware of coming in 2021.   Highlights: What is PPP? Who can apply and should apply for the PPP? Can the employer use the loan for whatever they want in their business? The complex answer is yes. If you do get the loan, put it in a separate account so you can accurately track where the money went. Originally, you had to spend 75% of the money on payroll. However, that has changed. How do you get your loan forgiven? Roberto clarifies a tax distinction between whether the PPP is counted as income or as a loan, and what to do when tax season comes around. The tax question everyone is asking: is the PPP money tax-deductible? Congress and IRS are in disagreement with how the PPP money should be deducted and whether businesses get the double tax benefit or not. What’s the best way to allocate the PPP money over the next 24-week period? Should it all go to payroll? Robert weighs in. If you don’t have your loan forgiven, you may have to pay the loan back at a 1% interest rate within five years. Robert’s final thoughts: Don’t get frustrated. It’s a challenging law everyone is navigating through.   Resources: Woodllp.com Have questions for Robert? Call him at 415-834-1800 Robert’s Forbes author page: Forbes.com/sites/robertwood/#7b18431072de

Stephen Rogers is a training specialist with over 30 years of field and classroom experience. He is the Program Coordinator for Nevada’s Safety Consultation and Training Section (SCATS). In this week’s episode, he answers some of the top questions he’s been receiving about how to safely protect your staff from COVID-19.   Highlights: Stephen provides, through Nevada OSHA, safety consultation and training. What kinds of services does OSHA offer and how can Nevada business owners take advantage of this? Stephen has been getting a lot of feedback that business owners haven’t been able to find the right safety equipment (masks) to get their people back to work safely. What masks are acceptable to use on the job? What’s the best way to get a ‘back to work’ plan together? Stephen talks about job hazard analysis. What can people do if they have to ride together in a van to a remote job site? Can you reuse N-95 masks? It’s important to train your people on how to properly use a mask. Everyone should be talking to their people every day and asking screening questions. What should people do if they’ve been exposed to the virus? Stephen’s final piece of advice: Take care of each other. It’s a stressful time for all of us.   Resources: Osha.gov 4safenv.state.nv.us Cdc.gov

Shannon Chambers is the Nevada Labor Commissioner and helps clarify what employers need to know about the current labor laws put in place by the state of Nevada. Shannon is clear that this is a critical time to communicate to your employers and to ease on the side of caution and safety. No one wants their business under bad press from a disgruntled employee right now.   Highlights: What’s the difference between a furlough and a layoff? In order to decrease the pay of an employee, it requires seven days of written notice. Nevada labor laws are 100% in effect. They are not suspending it due to COVID-19. So if something is contradicting the PPP requirements, you still have to work under the Nevada labor law. Because of unemployment benefits, some employees do not want to go back to work. What should employers do? Should employees sign a release of liability form? Seek out a safety and health official and get their advice on best practices for your business. Communication is critical. Even if the employee has worked there a long time, you want to debrief them on new health practices the business is undergoing. As an employer, you need to air on the side of safety. The Nevada PTO, how can employers best navigate this? Can you force an employee to use their PTO? Breaks and lunches. What can employers do to mitigate health risks as employees may want to leave the job site? How can you help people reapply to their old job if they’ve been laid off?   Resources: Suttonhague.com Calnevalaw.com Business.nv.gov Labor.nv.gov

Jared Banes is a Reno native and a fully-licensed insurance broker specializing in commercial insurance. He currently holds a Construction Risk and Insurance Specialist (CRIS) designation. Jared shares what business owners need to look out for in their general liability policies and to really read the fine print when renewal comes around because insurance companies may be putting in language that could limit your COVID-19 coverage.   Highlights: Now that things are opening back up. What happens if you have a visitor in the facility? How do general liability policies protect businesses? Every claim will be unique, but Jared hopes to help provide you with a starting point. What classifies as ‘bodily injury’ inside your insurance policy? There will be a pollution inclusion in your general liability policy. COVID-19 is a virus, not a bacteria or mold, so you might not fall under a ‘mold exclusion.’ Because each policy is different, you want to identify if yours has a mold or disease exclusion. Some insurance companies are allowing for insurance changes during the crisis. Make sure your insurance company is not adding exclusions that might limit coverage for COVID-19 during your renewal. Make sure you’re following your local state and federal guidelines as you begin opening your doors to the public. Document what you’re doing. Be proactive.   Resources: Suttonhague.com Calnevalaw.com Lpins.net

Jim Wilkins has been practicing law for 36 years and his specialty is insurance coverage litigation. Due to the pandemic going on, how likely are business owners able to get a business interruption claim? And if they cannot receive this claim, what legal actions can they take? Jim weighs in and helps share how you can navigate this crisis going forward.   Highlights: How does business interruption insurance play into effect during the pandemic? It’s a tricky situation because technically a virus cannot cause damages to the premises. However, the devil is in the detail and different insurance carriers have worded this differently. This is why some people feel like they might have a case. When would it make sense to file a lawsuit to the insurance company? Let’s take a step back and look at what insurance companies do and how they work. Because this is a worldwide issue, insurance companies are going to fight hard to retain their money. Jim’s best advice right now is to wait and see the next six to eight months how insurance companies are reacting/winning. However, do not wait too long, or else it might be too late to file a lawsuit.   Resources: Suttonhague.com Calnevalaw.com Wdcllp.com

Brady McGuinness has been providing legal, management, and consulting services for businesses in California for over 25 years. Currently, he works with commercial real estate landlords and tenants and helps them arrange a fair leasing agreement. Because of COVID-19, Brady offers advice on what tenants and business owners can do with their commercial lease and how they can navigate paying less rent for the time being. Highlights: Is there COVID-19 legislation that can affect commercial tenancy in California? Take a look at your lease and see what it says if there is an interruption of business or a force majeure event. How can you talk to your landlord about not being able to cover rent? Can you legally ask for rent abatement or some kind of rent forgiveness during this time? It’s critical to make your requests reasonable and to work with your landlord. The Paycheck Protection Program can help you with rent costs. Check with your insurance broker on the types of insurance that are available to you. Now is the time to get creative with percentage rent or extending the lease term. Reserve your claims, even if you’re denied, because it may turn out you’ll be getting more coverage than you think later down the line for business interruption.   Resources: Suttonhague.com Calnevalaw.com Mcguinnessesq.com

William Tamayo is the District Director of the EEOC’s San Francisco District Office and this is his second guest appearance on the show. William is back to answer some questions and concerns employers have. He shares how to act fairly and with accordance to law during the pandemic when an employee tests positive for COVID-19, how to keep the employee’s diagnosis private, how to accommodate employees with mental health issues during this time, and so much more.    Highlights: Employee tests positive for COVID-19. Now what?  You have to treat the employee’s medical records confidentiality, but then how do you let their co-workers know they could have been exposed? How can you respectfully work within the ADA’s regulations on whether someone has symptoms but still hasn’t been tested for it yet?  Before you embark on any of these steps, consult with your lawyer and double check what the CDC has said. The employee is concerned for their partner, who is immune suppressed/undergoing cancer treatments, what can the employer do?  Employee has a note from a doctor saying they have mild PTSD from the stress of the pandemic. Can the employee work from home?  Never dismiss a request for accommodation right away. Explore it and ask necessary follow up questions. Employees are not showing up to work, which is impacting work. How can employers better navigate this? If you have questions about equal employment, reach out to the appropriate consul in your state.    Resources: Suttonhague.com Calnevalaw.com Eeoc.gov William on LinkedIn

Joseph Amato is the District Director for the SBA’s Nevada District Office as of 2017. A former executive and business leader with over 30 years of experience in small business development and commercial lending, Amato oversees the delivery of Small Business Administration services in Nevada from the SBA’s Las Vegas District Office and Reno area office. Today, he offers advice on how small business owners can apply for the SBA’s EIDL (Economic Injury Disaster Loan) Program and the PPP Loan (Paycheck Protection Program).   Highlights: What do small businesses need to know about the current SBA programs offered in the midst of a crisis? The PPP affords a business eight weeks of average payroll to pay their employees to bring them back to employment. What businesses are eligible for this loan? Who cannot apply for the PPP? You can only include an employee’s payroll up to $100,000 a year. When you’re looking at the PPP, you’re really focused on forgiveness of debt. What would lenders need from you? Payroll records, payroll tax records, and 1099 or Schedule-C forms. You get the EIDL at SBA.gov and you get the PPP loan you get through your area lender. Will the money run out? Some business owners are having trouble with this. What should you do if a lender isn’t responding? Are banks showing favoritism to larger accounts?   Resources: Suttonhague.com Calnevalaw.com Sba.gov Sba.gov/disaster Sba.gov/paycheckprotection/find Kabbage.com Ondeck.com If you’re in Nevada email Joseph: Joseph.Amato@sba.gov

James Boretti is a health and safety expert at Boretti, Inc. He has over 33 years of experience and an extensive background in the field of Occupational Safety & Health. He provides a broad range of technical and business safety solutions for his clients. This episode shares some light on what employers can do to keep their staff safe and healthy during this COVID-19 pandemic.   Highlights: How does the Coronavirus work and get transmitted to others? Why does social distancing help reduce the spread of the virus? There’s been conflicting info about wearing a mask. Does wearing a mask help or not? What types of masks can you get and what alternatives should people consider if they’re not available in stores? An employee tests positive for COVID-19. What can an employer do? How can you safely take an employee’s temperature? How do you social distance when employees traditionally carpool together? What can employers do to make their employees feel safe when going into work?   Resources: Suttonhague.com Calnevalaw.com Borettiinc.com

William Tamayo is the District Director of the EEOC’s San Francisco District Office, a position he has held for the last five years. In his role, William oversees investigations and operations and issues findings of discrimination. He served as a regional attorney for the EEOC for 20 years prior to becoming the District Director. In this episode, William offers advice for employers seeking additional legal help when it comes to navigating today’s COVID-19 pandemic.   Highlights: Employee refuses to work amidst COVID-19. What can an employer do? How can employers best protect high-risk employers (those within the 65 age group)? The employer has allowed their over-65 employees to stay at home with paid leave, but now younger demographics want the same benefits. How can they navigate this? Can you legally test your employees for the COVID-19 antibodies? Talk to your lawyer before you take disciplinary action. That’s what they’re there for! An employee’s spouse works on the medical frontlines. What can the employer do? If an employee traveled outside of the country recently, can employers ask them to self-quarantine?   Resources: Suttonhague.com Calnevalaw.com Eeoc.gov William on LinkedIn

Brett Sutton answers three frequently asked employment law questions about the COVID-19 pandemic. He answers whether it’s legal to take an employee’s temperature at work and send him/her home if they have a fever. What to do if an employee is healthy, but scared to report to work because of the virus; can they still legally work? And do temporary furlough employees still get the new federal paid leave entitlement even when they haven’t returned to work?   Resources: Suttonhague.com Calnevalaw.com

After a disgruntled employee stops working for an employer, the employee can sometimes try to make unfair or unjust claims, which can be difficult for the employer to prove or not prove, to try and gain leverage or a more favorable outcome for themselves. This podcast episode explains to employers what they need to be aware of and how to counter unfair post-employment harassment lawsuits.    Resources: Suttonhague.com Calnevalaw.com

The work environment and landscape is incredibly unfriendly to the employer. When it comes to employment law, there is an increase in litigation towards an employee’s wages and hours. These claims are typically brought to the fold when the employee is no longer working for the company. This podcast episode explains how the employer can look at their severance program and tighten it a bit.    Resources: Suttonhague.com Calnevalaw.com

Today’s quick podcast episode is about how to navigate and win misclassification claims. These are the type of claims where an employer has treated their employees as exempt, however it’s found out after the fact that the employee may not actually be exempt and now the employer owes them overtime, etc. These can be very expensive to fight, especially when there isn’t a lot of documentation in place. Your host, Brett, explains more.    Resources: Suttonhague.com Calnevalaw.com