Minimum Wage

San Francisco minimum wage will increase from 9.79 per hour to 9.92 per hour, effective January 1, 2011. The ordinance requires employers to display an updated poster with the new wage information. This must be displayed in area readily accessible to employees and must be in English, Spanish, Chinese and any other language spoken by at least 5% of the workforce. The ordinance further provides that a notice containing the employer’s name, address and telephone number must also be given to every employee at the time of hire. The state minimum wage stays at 8.00 per hour-no action required.

Healthy San Francisco-San Francisco’s Health Security Ordinance

On January 1, 2011, employer contribution rates will increase. Employers with 100 or more employees rates will increase to $2.06 per hour and the new rate for employers with 20-99 employees will increase to $1.37 per hour.

Mileage Reimbursement

Mileage reimbursement rates increase from .50 per mile to .51 per mile beginning January 1, 2011.

Organ and Bone Marrow Donor Leave

California employers with 15 or more employees must now provide the following paid leaves to employees who choose to donate organs or bone marrow:

• Organ donors – must be provided a 30-day (workdays) leave of absence in any one-year period 
• Bone marrow donors – must be provided a leave of absence up to five workdays in any one-year period

The statute says that such leave does not run concurrently with the Family and Medical Leave Act (FMLA). However, state law cannot override federal law. Therefore, leave for the purpose of donating bone marrow or an organ may run concurrently with FMLA if the employer is a covered employer and the employee is eligible for FMLA.

Workers’ Compensation Posting Requirements

The posting and notice requirements were amended in 2010 to require additional information about Managed Professional Networks (MPNs). Employers with MPNs that provide treatment for workers’ compensation claims must display the required workers’ compensation poster (Notice to Employees – Injuries Caused by Work) as well as additional information about the MPN(s) the employer uses. The workers’ compensation pamphlet must also include information about MPNs.

Heat Illness Regulations Revised
A revised heat illness standard went into effect November 4, 2010. In addition to revisions related to shade and other safety precautions, the new standard includes changes to training requirements for both supervisory and nonsupervisory employees. Such training is now required to be given before employees begin work that “should reasonably be anticipated to result in exposure to the risk of heat illness.”

New Year Reminders

• Employee Handbooks should be reviewed and updated to reflect new laws, policies and procedures
• Post your updated 2011 law posters
• Inform your employees of the 2011 rules for 401(k) plans
• AB 1825 (Sexual harassment prevention training) is current for all supervisors and managers.