Winter 2014

The Contractors' License Law, as it is known, includes a number of provisions pertaining to contractors who have been disciplined. Once a contractor's license has been suspended or revoked, that contractor cannot act as a qualifier of another company without the Board's approval and the posting of a disciplinary bond. Those same persons are also barred from being in any type of managerial position of another contractor. It is grounds for discipline for a contractor to employ a revoked contractor in any role other than what it defines as a "bona fide non-supervising employee." A revoked contractor can always do non-supervisory roles, or in many cases, be registered as a salesperson.

Many contractors who are ultimately revoked go to work for other contractors in non-management roles, rehabilitate themselves and become contractors again. But, there are others, who form a somewhat underground economy, where they buy existing contracting businesses and work behind the scenes; in some cases, these persons form new companies and hire people to act as their qualifiers. This activity certainly is a violation of the License Law. But, about two years ago the Contractors' Board and a very aggressive district attorney began to criminally prosecute several individuals, including sales representatives, qualifiers on licenses, and a revoked contractor who was alleged to have acquired four separate licensed entities, alleging a conspiracy to allow an unlicensed person to act as a contractor.

The criminal action is something that we had never heard of being undertaken before. While certainly any qualifier who rented out their qualifying experience, or allowed a person who is not authorized to work to act in a managerial role, would be subject to discipline. But, it is doubtful that it ever crossed their mind that they could be subject to felony prosecution for their actions. The CSLB is continuing to take a very aggressive stance on this type of behavior.

For this reason, anyone who is considering allowing someone to "borrow" their license, or is considering acting as the qualifier for an entity that they are not going to personally be involved in, should strongly reevaluate that decision.

TOP TEN THINGS TO SAY ABOUT A CHRISTMAS GIFT YOU DON'T LIKE

10. Hey! There's a gift!

9. Well, well, well ...

8. Boy, if I had not recently shot up 4 sizes that would've fit.

7. This is perfect for wearing around the basement.

6. Gosh. I hope this never catches fire! It is fire season though. There are lots of unexplained fires.

5. If the dog buries it, I'll be furious!

4. I love it -- but I fear the jealousy it will inspire.

3. Sadly, tomorrow I enter the Federal Witness Protection Program.

2. To think -- I got this the year I vowed to give all my gifts to charity.

And the Number One Thing to say about a Christmas gift you don't like:

1. "I really don't deserve this."

Beginning July 1, 2015, paid sick leave is the law. The Healthy Workplaces, Healthy Families Act of 2014 (AB 1522), requires that all employers provide paid sick leave to any employee who has worked in California for thirty (30) days within a year from the commencement of employment (this also means that even out-of-state employees that work in California for at least thirty (30) days within a calendar year are covered by this law). Compensation is to be at the same wage as the employee normally earns during regular work hours. Both full time and part time employees are eligible.

Employees will accrue paid sick days at no less than one (1) hour per every thirty (30) hours worked. Employees will be allowed to use their accrued paid sick days beginning on the ninetieth (90th) day of employment. Employers can limit an employee's use of paid sick days to 24 hours or three (3) days in each year. An employer is under no obligation to allow an employee's total accrual of paid sick leave to exceed 48 hours or six (6) days.

The accrued paid sick days can carry over to the following year. If the employer grants the full amount of leave, 24 hours or three (3) days, at the beginning of each year, then no accrual or carryover of hours are required. An employer will not be required to provide additional paid sick days if the paid leave policy satisfies the accrual, carry over and use requirements or provides at least 24 hours or three (3) days of paid sick leave each year (which is the minimum under this new law).

Employers are not required to provide an employee compensation for accrued, unused paid sick days upon termination, resignation, retirement or other employment separation scenarios. However, if an employee is rehired within one year from the date of separation, the previously accrued and unused paid sick days shall be reinstated.

Written notice that sets forth the amount of paid sick leave available must be provided on either the employee's itemized wage statement or a separate writing provided on the designated pay date with the employee's payment of wages. Obviously, this creates additional record keeping. Indeed, employers will also be required to maintain at least three (3) years of records documenting the hours worked and paid sick days accrued and used by an employee. If the records are not well maintained, it is possible that an employee will be given the maximum number of hours accruable in any dispute.

Each employer will be responsible for displaying a poster in a conspicuous place containing: (1) that the employee is entitled to accrue, request, and use paid sick days; (2) the amount of sick days provided for; (3) terms of use of paid sick days; (4) that retaliation or discrimination against an employee is prohibited, etc.

An employer will not be allowed to deny an employee the right to use accrued sick days, discharge, threaten to discharge, demote, suspend, or in any manner discriminate against an employee for using the accrued sick days. If paid sick days are unlawfully withheld, the dollar amount of paid sick days withheld from the employee will be multiplied by three (not to exceed $4,000) and included in the administration penalty. There are other penalties for violations or lack of compliance with this law, not to mention the possibility of the Labor Commissioner or the Attorney General bringing a civil action against the violating employer.

The only exemptions to this law are for employees covered by a valid collective bargaining agreement, providers of in-home supportive services, and individuals employed by an air carrier as a flight deck or cabin crew member, as indicated in Labor Code section 245.5.

As an employer, it would also be prudent to revise your new hire packets and employee manuals to include the paid sick leave policy. Develop your paid sick leave policy and make sure it complies with the law. If you do not limit the sick days to 24 hours or three (3) days per year (which is the minimum) or another amount, you could end up with accrual at 1 hour per thirty (30) hours worked which comes out to more than eight (8) days per year.

To read the new law in its entirety, visit www.leginfo.ca.gov and view the Bill AB 1522 and see the additions made to the Labor Code. Remember, this law becomes effective July 1, 2015. Take advantage of this time to have everything in order with respect to paid sick leave.