California Assembly Bill 5 (also known as CA AB 5) was signed into law in September 2019, implementing a new test all employers must use to determine if a worker is an employee or an independent contractor under the California Labor Code. The law may impact who you cover under your workers’ compensation insurance policy.
While the bill is effective January 1, 2020, the part that affects workers’ compensation insurance coverage goes into effect July 1, 2020.
Know The Facts
- The new legislation is not based on policy effective date. As of July 1, 2020, as an employer, you’ll be subject to the new test. This means that a worker could be classified as an independent contractor before July 1, 2020 and as an employee after July 1, 2020.
- If you’ve employed an independent contractor that can supply you with a certificate of workers’ compensation insurance that is effective during your policy period, he/she would not be considered part of your employee roster. You would not report payroll for him/her.
- In order to avoid an unexpected change in exposures at time of audit, you must include payroll for all employees defined by the statute as of July 1, 2020.
- The statute applies to businesses headquartered in California AND businesses headquartered elsewhere with employees working in California.
Got questions? Contact me. I’m here to help you with this law change in any way possible.
I hope you’ll catch my radio interview hosted by Candy Messer of Affordable Bookkeeping & Payroll. We discuss all things Business Insurance and Risk Management. From General Liability for a home based business to Cyber Liability and Employment Practices Liability for small to middle market companies. You can catch our interview HERE. Also, link included below.
Topics include: General Liability Insurance, Errors & Omissions Insurance, Cyber Liability Insurance, Businssowners Insurance policies, Employment Practices Liability, Workers Compensation, Risk Management.
State Compensation Insurance Fund, in partnership with the Department of Homeland Security, offers free seminars on Active Shooter Preparedness. These half-day courses provide important information about useful actions you can take to prepare for an active shooter event.
Participants will learn:
• The characteristics of an active shooter situation.
• How to identify and report criminal planning and preparatory acts.
• How to prepare and respond to active shooter and workplace violence incidents.
Each seminar is fast-paced, interactive, and includes lessons learned from previous active shooter incidents.
Local Southern California Dates are:
San Diego, CA
February 5, 9am – 12 pm
University of Phoenix, 9645 Granite Ridge Drive
Monterey Park, CA
February 12, 9 am – 12 pm &
1 pm – 4 pm
State Compensation Insurance Fund, 900 Corporate Center Drive
Although many people view California as the most litigious state in the United States, it is actually the sixth most litigious, according to the Employment Opportunity Commission (EEOC).
Texas had more than 7,482 charges filed in 2018; followed by Florida with 6,617; then Georgia with 4,919; then Pennsylvania with 4,463; followed by Illinois with 4,444; and then California with 4,344.
Considering that California is the most populous state and has the most protections for employees, the number of complaints, just based on employee population, is a head-scratcher unless you believe that California employers are better at preserving employee rights or that population and employee rights are not good indicators of employment practices risk.
Yesterday, the Small Business Administration (SBA) Office of Advocacy published a fact sheet by research economist Daniel Wilmoth that indicates more small businesses are opening than closing. In 2017, the number of businesses in the U.S. increased by about 118,000 with various levels of growth depending on the region. In all, 975,000 new businesses had opened by the end of 2017. The number of businesses that closed fell from 859,000 in 2016 to 857,000 in 2017. Business openings have exceeded business closings for 28 consecutive quarters, Wilmoth noted. California accounts for nearly one-third of the net increase of businesses in 2017, with 38,000.
Source: Long Beach Business Journal
I hate to be a Debbie downer here, but the annual ranking of states by U.S. News & World Report places California last for its quality of life and 32nd overall when all categories are rated. The categories of the “Best States” report and California’s ranking among the 50 states is as follows:
- Healthcare, 11th;
- Education, 26th;
- Economy, 4th;
- Opportunity, 46th;
- Infrastructure, 38th;
- Crime and corrections, 28th;
- Fiscal stability, 43rd;
- Quality of life, 50th.
The latter was based on two elements: natural environment and social environment. Iowa is first in the overall rankings, followed by Minnesota, Utah, North Dakota and New Hampshire. To view the full report and state-by-state rankings, click here.
If the weather were a category, there’s no question that California would take the gold medal.
The U.S. Equal Employment Opportunity Commission (EEOC) announced last week that 84,254 workplace discrimination charges were filed with the federal agency nationwide during 2017.
The agency handled over 540,000 calls and more than 155,000 inquiries in field offices.
The FY 2017 data show that retaliation was the most frequently filed charge filed with the agency, followed by race and disability. The agency also received 6,696 sexual harassment charges and obtained $46.3 million in monetary benefits for victims of sexual harassment.
Specifically, the charge numbers show the following breakdowns by bases alleged, in descending order:
- Retaliation: 41,097 (48.8 percent of all charges filed)
- Race: 28,528 (33.9 percent)
- Disability: 26,838 (31.9 percent)
- Sex: 25,605 (30.4 percent)
- Age: 18,376 (21.8 percent)
- National Origin: 8,299 (9.8 percent)
- Religion: 3,436 (4.1 percent)
- Color: 3,240 (3.8 percent)
- Equal Pay Act: 996 (1.2 percent)
- Genetic Information: 206 (.2 percent)
These percentages add up to more than 100 because some charges allege multiple bases.
EEOC legal staff filed 184 merits lawsuits alleging discrimination in fiscal year 2017. The lawsuits filed by the EEOC included 124 individual suits and 30 suits involving multiple victims or discriminatory policies and 30 systemic discrimination cases. At the end of the fiscal year, the EEOC had 242 cases on its active docket. The EEOC achieved a successful outcome in 90.8 percent of all suit resolutions.
My question to you, do you have Employment Practices Liability Insurance for your business?
It’s that time of year when employers are required to tally the number of entries on their “Log of Work-related Injuries and Illnesses” (OSHA Form 300), and post the “Summary of Work-related Injuries and Illnesses” (OSHA Form 300A) in a prominent location.
The OSHA Summary Form 300A is required to be posted in the workplace beginning Feb. 1, 2018, and must remain posted for the entire three months of February, March, and April. It should be in an easily visible location so that employees are aware of the injuries and illnesses occurring in their workplace.
Employers that had 11 or more employees the previous year — except those in certain low-hazard establishments in the retail, professional services, finance and real estate sectors — are required to maintain records of all work-related injuries and illnesses, and post the summary of their records for the 2017 calendar year.
Many employers under Federal OSHA are required to electronically submit the summary of injuries and illnesses to OSHA. To ensure your entire management team is aware of these changes, I suggest making OSHA’s Recordkeeping Rule one of your first training sessions of the new year.
California health officials said last week that the state’s flu season could turn out to be one of the nastiest the state has seen in the last ten years. “I was flat on my back and in bed for 10 days,” said one So Cal resident. “This has been hands down the worst flu I’ve ever dealt with.”
When someone in your household comes down with the flu, there’s a good chance others in the house will catch it too based on their exposure and close proximity. The same applies to the office or workplace.
An outbreak at the office can also seriously affect your business operations. All it takes is one infected to put others at risk and spread the virus. Fewer hands on deck could potentially impact productivity and operations.
Here are Five Tips for Business Owners to Help Reduce the Potential Spread of the Flu:
Consult the Centers for Disease Control and Prevention for additional suggestions on preventing the flu and maintaining good health habits. The more proactive you are, the greater likelihood you’ll have in decreasing the flu exposure and maintaining your company productivity and operations.
Yesterday, California State Treasurer John Chiang introduced the California Business Incentives Gateway, an online resource connecting business owners and entrepreneurs with resources to help them grow, including employee training, assistance with permitting and sales tax exclusions.
The California Business Incentives Gateway (CBIG) is a tool from the State Treasurer’s Office that brings together all of the state and local business development incentives to a single access point.
See more here: