Employment law front and center in Sonoma County

0
Employment law front and center in Sonoma County

Spaulding McCullough & Tansil Law’s seminar covered a long list of California workplace law changes including minimum wage, overtime, travel and labor violations.

New California employment related laws run the gamut for 2025, ranging in topics from overtime for ag workers, to rules about heat standards, to paid sick leave and minimum wage ordinances.

The lengthy list was discussed during a seminar for prospects and clients of Santa Rosa-based Spaulding McCullough & Tansil law firm on Jan. 8.

Overtime

The Overtime for Agricultural Workers Act of 2016 that triggered the standard for extra hours in this field expanded this year to include all companies, no matter what size. Before Jan. 1, the rule only applied to organizations with more than 25 workers. Double time, which constitutes a 12-hour-or-more workday, also applies now to all companies.

“And the pay is retroactive if you’re not in compliance,” said Attorney Lisa Ann Hilario, an employment law specialist working alongside Attorney Kari Brown.

The two legal experts used the two-hour stretch to go over the nuances of the new laws and warned company representatives on the virtual conference call of the pitfalls of failing to be informed.

Travel

Most employers know minimum wage compliance standards rose to $16.50 statewide and as high as $18.02 (depending on size of the firm) for one of four North Bay cities seeing increases.

If employees travel, the federal mileage reimbursement went up 3 cents to 70 cents per mile.

But be advised, employers must refrain from asking for a valid driver’s license during the recruitment process unless the job requires travel.

In office

A lesser-known rule in 2025 involves reform of PAGA, the Private Attorneys General Act of 2004. The statute enacted as California Senate Bill 92 essentially allows “aggrieved current or former employees” to file lawsuits on behalf of the state to recover civil penalties from labor code violations. The reform allows the company the opportunity to limit their liability if they “cure,” as in rectify the problem.

Still, Hilario cautioned employers the law has “very short deadlines,” which amounts to companies needing to act within 33 days upon receiving a PAGA notice.

“Do not ignore a PAGA notice,” Hilario emphasized. “And all mail should be stamped with a receipt date.”

The most critical aspect of PAGA is preventive.

“The law places a high burden on employers. Make sure your supervisors are trained, and we recommend audits,” she said, referring to pay stubs, time records and hourly practices.

When things heat up

In the midst of more heat waves spurred by climate change, Spaulding McCullough & Tansil Law also reminded employers to keep in mind Cal/OSHA put into effect new indoor heat standards last June.

These regulations, which kick in when the temperatures reach 82 degrees Fahrenheit, require cool down rest breaks and accurate assessments of staffers overheating.

Off the clock

California paid family leave (Assembly Bill 2123) changed at the beginning of 2025 as well. The law now reflects the dropping of a former rule for employees to use two weeks of accrued vacation as a condition of receiving these benefits.

The law regarding sick leave has also expanded. Agricultural employees who work outside may use sick leave to avoid smoke, heat or flooding conditions created by a local or state emergency.

These workers may also be granted the presumption the heat-related injury is subject to a workers’ compensation claim.

Changes to protected time off work and leaves of absences that run concurrently with family and medical leave also extend to staffers summoned to jury duty. The benefit is also used to cover employees’ requests to take leave to care for children and their spouses or domestic partners.

Spaulding McCullough & Tansil Law advises companies to update their employee handbooks to reflect new standards surrounding leaves of absence, among other policy changes.

Susan Wood covers agriculture, law, cannabis, production, transportation as well as banking and finance. She can be reached at 530-545-8662 or [email protected]

link

Leave a Reply

Your email address will not be published. Required fields are marked *