Dan Chammas – Important Laws for California Employers

Dan Chammas is a lawyer based in Southern California who focuses on employment and consumer class action suits. Over the course of his career, he has defended several major companies in important cases throughout California, and is regarded as an expert in employment law. There are many legal regulations that affect California employers that many companies (especially small businesses and entrepreneurs), may not be aware of. There have also been many major changes to employment law in the past several years. Here are some of the most important laws for California employers to be aware of.

Dan Chammas

The first factor to be aware of is the classification of independent contractors. Many people are unaware of the exact regulations surrounding independent contractors, and what defines an independent contractor. If an employer knowingly or voluntarily classifies an employee as an independent contractor when they should not be, they may be charged penalties ranging anywhere from $5,000 to $25,000, depending on the frequency and severity of the violations. Employers who repeatedly misclassify their employers as independent contractors will be subject to higher penalties. Additionally, they cannot charge their employees any fees or deduct their pay to cover their misclassification.

There are also many laws covering discrimination when it comes to hiring decisions, wages, and employee benefits, many of which have been enacted fairly recently. During the hiring process, employers are not allowed to use consumer credit reports to make their decisions (although there are several notable exceptions to this rule). Job applications requiring credit check information must be altered to comply with this rule.

Employers also cannot discriminate on the basis of ‘gender expression’ or ‘gender identity’. Employers also must allow all employees to dress and act consistently with their own gender identity, and cannot use language in employee handbooks that restricts gender expression. Additionally, employers also may not discriminate based on genetic information, specifically any genetic tests, or a history of disease in the employee’s family history.

There are also many regulations regarding health care coverage for California employers. Specifically, employers must continue to provide regular group health care coverage during an employee’s pregnancy disability leave. The terms and conditions regarding the employee’s health care coverage must remain the same during this leave period. Employers must also provide the same health benefits for same-sex domestic partners as they would for heterosexual domestic partners, and cannot discriminate the coverage they provide on the basis of sexual orientation.

These are just a few of the many important laws that apply to employers in California. It is essential for employers to frequently review changes to employment law to ensure that they are compliant and that there is no unlawful treatment of employees. Dan Chammas is considered one of California’s most experience employment defense lawyers, and frequently advises organizations on employment law.

Dan Chammas – California Law Requires All Employers to Offer Paid Sick Leave

Dan Chammas is a California-based lawyer who has worked on a variety of important projects and cases throughout his career. An important legislation change that he has been working with is the requirement of all California employers, including non-profit organizations, to offer sick leave to their employees. Known as the California Healthy Workplaces, Healthy Families Act, it was passed in 2014, and was put into effect on July 1st, 2015.

Dan Chammas

Dan Chammas

Prior to the passage of this law, there were many small companies and organizations that were not required to offer their employees paid sick leave. However, under the new legislation, virtually all employers are affected, with no loopholes. There are a few very small exceptions, but they only apply to a select minority of employers, and cannot be used as a way to get around paying employees the family leave that they need. The law even covers employers who are based in another state, but have some employees working in California. If you live in California, but telecommute with a company that is based in another state, you are still covered under this law.

The main provision of this law is that for every thirty hours worked, the employer must provide them with one hour of sick leave. This law only applies after an employee has been working for a full thirty-day month. Employers may limit the amount of sick pay to a total of three days (or twenty-four working hours) each year. The sick days usually must roll over into the next year if they go unused. However, this roll-over does not apply if the employer provides the full amount of sick leave at the beginning of each year, instead of waiting until the employee has worked the requisite amount of hours to ‘earn’ it. Employers are also not required to provide their employees with more than six days, or 48 hours, worth of sick leave in roll-over time.

During the sick leave period, the employee must be provided with their standard, contracted hourly or salaried rate of compensation. If the employee regularly receives extra pay through commissions, this must be factored into their sick leave compensation. Sick leave can be used for a variety of different reasons, including preventative health care, or care of a family member. If the employee is terminated for any reason, the employer is not required to compensate them with sick leave.

All employers are legally required to provide written notice to their employees regarding their sick leave rights, usually through posters or signage that is displayed prominently in the workplace common areas. Employers must also keep detailed records of sick leave for at least three years. As a lawyer, Dan Chammas helps his clients navigate the ins and outs of paid sick leave.