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Santa Fe, New Mexico will finally see an increase in the minimum hourly wage rate to $10.29 per hour, effective March 1, 2012. The city has also updated the mandatory Living Wage Ordinance poster. Compliance Poster Company carries the mandatory notice (#31701) in a bilingual format to comply with the municipal requirement that employers post the notice in both English and Spanish.

The city’s Living Wage Ordinance ties the minimum hourly wage rate to the Consumer Price Index (CPI) for the previous year. The Ordinance provides that the minimum wage must be adjusted upward by an amount corresponding to the previous year’s increase, if any, in the CPI. Last year, the city failed to adjust the minimum wage by mistake and decided to “roll” the 2011 increase into the 2012 increase.

All profit and non-profit businesses that are required to have a business license or registration with the city are affected by the Ordinance. Businesses are also required post and display in a prominent location next to the business license or registration the notice in both English and Spanish. The penalties for failure to comply with the posting requirement are serious and can include termination of the business license or registration.

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Improvements in the system are needed to get injured workers back to work and to remove the imbalance of costs and benefits currently in the system. The open forum format was chosen because those who are familiar with the system are more likely to be able to point out areas of focus.

Topics of discussion will include:

• Provision of appropriate medical treatment without unnecessary delay, the medical provider network (MPN), utilization review (UR) or other issues

• Enabling injured workers to return to work as quickly as medically feasible

• Adequate compensation for permanent disabilities

• Reducing the burden of liens on the system

• Identification of appropriate fee schedules

• Reducing unnecessary litigation costs

• Assessing appropriate use of opiates and other care

• Any other improvements needed

The forums will be held:

• Tuesday, April 10, 2012—West Sacramento, CA

• Monday, April 16, 2012—Los Angeles, CA

• Wednesday, April 18, 2012—Fresno, CA

• Tuesday, April 24, 2012—San Bernardino, CA

• Wednesday, April 25, 2012—La Mesa, CA

• Monday April 30, 2012—Oakland, CA

Interested parties can obtain more information about dates, times, locations, giving verbal and written testimony. Seating is limited at many of the locations and registration is required. Register for an event on the DIR website here.

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The hourly rate of $7.25 is in effect for 2012, but clarification of how the rate is adjusted is reflected on the updated poster. Specifically, the MO minimum wage rate may increase on January 1, 2013 if the cost of living as measured by the Consumer Price Index (CPI) rises. The minimum wage rate will not decrease on January 1, 2013 because the minimum wage rate as adjusted under Missouri law cannot be lower than the federal minimum wage (currently $7.25 per hour). It is important to note that text under the “Complaints” section of the Minimum Wage notice has been deleted. The text addressed which complaints the MO Division of Labor Standards would act on and why. Persons who wish to contact the MO Division of Labor Standards can visit their new website address at www.labor.mo.gov/DLS/minimumwage for information on topics such as minimum wage and youth employment, addressing illness/health issues in the workplace, unemployment benefits information, safety and health and workers’ compensation rules and regulations, and much more. Compliance Poster Company has updated its Missouri All-On-One posters with the 2012 MO Minimum Wage notice. Customers that have current All-On-One posters may wish to update with our exclusive Peel N Post™ overlays, #’s 90021/90022.

Missouri employers may find valuable resources through the Missouri Division of Workforce Development. Business Representatives can assist with recruiting, screening and hiring potential employees, writing effective job listings and employment pre-screening assessments, and much more. Visit http://labor.mo.gov/ for more information.

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Confined Spaces Poster

Compliance Poster Company alerts employers and employees of dangers associated with confined spaces in work sites across the state. The California Department of Industrial Relations’ Division of Occupational Safety and Health (Cal/OSHA) has launched a statewide Confined Space Special Emphasis Initiative in an effort to focus attention on the subject.  As noted by the Department of Industrial Relations Director Christine Baker, “employers in California are responsible for identifying and mitigating risks in the workplace”.

Employers and employees alike should be aware that confined spaces may be encountered in virtually any industry. Identification of a hazard is the first step in preventing workplace occurrences. At Compliance Poster Company we have a Confined Spaces poster that is mandatory-to-post per 29 CFR 1910.146(c)(2) to warn employees of the danger and notify persons that only authorized personnel may be allowed in the confined workspace. Our Confined Spaces Entry Program is designed to protect the health and safety of workers, subcontractors, and all others that may be exposed to confined space operations. Vigilance is key because inspectors at Cal/OSHA are stepping up enforcement efforts to ensure all employers have confined space programs, training and reinforcement tools at their workplaces. This is part of a yearlong campaign on confined space hazards.

This is a serious workplace issue as confined spaces can be deceptively dangerous. Common types of confined spaces include tanks, silos, sewers, storage bins, drain tunnels, an vaults. But the list does not end there, confined space issues are also widespread in many industries, and also in non-industrial workplaces such as health care, education, retail and services. It is best to call a Compliance Advisor at 800-817-7678 for comprehensive and personalized assistance.

Employees with work-related questions or complaints can call the Cal/OSHA Workers’ Information Hotline at 1-866-924-9757. Click here to read the Cal/OSHA Hazard Alert.

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2012 Earned Income Credit

The 2012 Earned Income Credit (EIC) posting identifies the new EIC income eligibility increases for 2012. The posting lists the income eligibility levels for employees with no qualifying children, and for employees with one, two, or three or more qualifying children. Income levels have increased since 2011. The posting also notifies employees that the Advance Federal Earned Income Tax Credit (AEITC) has been eliminated. Some information is provided for individuals that received Advance EITC payments in prior years. However, other tax form and reporting information relating to Advance EITC was removed from the posting.

The posting also provides contact information for the IRS including a telephone number and website address for information regarding the Earned Income Tax Credit (EITC) or prior Advanced EITC received.

Minor Labor Law

The revised Minor Labor Law Placard posting clarifies the maximum number of hours youths 14 and 15 years old may work during school and non-school weeks, and the times of day and evening when they may work.

Order your English or Spanish Louisiana State & Federal All-On-One Labor Law Postersonline or call one of our knowledgeable Compliance Advisors to discuss all of your state-mandated notice obligations. We are here to help.

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During Hawaii’s last legislative session, several new laws were passed that expand worker protections. Hawaii has updated required labor law posters to reflect the changes in the law. The updated postings are:

• Laws Prohibiting Employment Discrimination, and
• Notice to Dislocated Workers.

The Employment Discrimination posting was revised to include the new classes and categories protected from unlawful employment discrimination. They include:

• gender identity and expression,
• civil union status,
• credit history,
• credit report, and
• domestic or sexual violence victim status.

 The Required Notice to Dislocated Workers posting was also revised adding the term “bankruptcy” to the list of business transactions that trigger a covered employer’s obligation to give employees 60 days advance written notice of possible layoffs or terminations.  Bankruptcy was added to the list of “closing” business transactions pursuant to a special session law passed in 2007.

 Both of the revised postings are included on Compliance Poster Company’s updated 2012 Hawaii State & Federal All-On-One Poster.

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The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. Eligible employees may take up to twelve workweeks of FMLA leave in a 12-month period for the birth, adoption or placement of a child, to care for a family member with a serious health condition, or because they are unable to work due to their own serious health condition.

Recent amendments to the FMLA expanded the FMLA’s military caregiver leave and qualifying exigency leave provisions. Military caregiver leave was extended to eligible employees whose family members are recent veterans with serious injuries or illnesses, and expanded the definition of a serious injury or illness to include serious injuries or illnesses that result from preexisting conditions. The amendments also expanded qualifying exigency leave to eligible employees with family members serving in the Regular Armed Forces, and added a requirement that for all qualifying exigency leave the military member must be deployed to a foreign country. For airline flight crew members, a special FMLA hours of service eligibility requirement was established under a separate amendment.

The proposed rules provide that in response to the proposed changes to the FMLA, each employer will need to obtain the revised FMLA poster. Compliance Poster Company will have more information and the updated FMLA posting as soon it becomes available.

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Recently, in Arizona it was reported that there is a person impersonating an OSHA compliance officer. This impersonator walks into the business and claims to be an OSHA compliance officer and needs to conduct an inspection for safety violations. After the inspection the impersonator tells the business owner that they found several safety violations on the premises and if the business could give him a check or cash for a given number specific amount of money he would not issue any citation to the business.

A similar occurrence was recently reported in Harris County where a judge granted an injunction against a Houston woman engaged in an employment poster scam, the Texas Workforce Commission (TWC) recently announced. The woman illegally posed as a TWC compliance enforcement contractor and tried to charge businesses for employment posters, TWC charged. The woman is charged with violations of the Deceptive Trade Practices-Consumer Protection Act. If convicted, she faces civil penalties of up to $20,000 per violation.

OSHA and other government agencies do not work this way. As a business owner or manager you have legal rights when a compliance officer walks in the door. The compliance officer will show you government photo identification (not a driver’s license) from your specific State or the U.S. Department of Labor Department of Occupational Safety and Health. They will also give you a business card with the phone number and address of the local OSHA office. The compliance officer will explain the reason for the visit and ask to speak to the person in charge or business owner. As a business owner or manager you have the legal right to call the local OSHA office to confirm the identity of the person. If they do not have the proper identification or don’t want you to call the local OSHA office, the person may be an imposter.

CPC never sends a door-to-door salesperson to any place of business. CPC does not sell compliance products on Craigslist. You can order CPC All-On-One posters for your state online, call CPC and place your order with one of our knowledgeable Compliance Advisors, or order through one of our authorized distributors. You can also sign up for automatic email alerts. We appreciate your business.

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Compliance Poster Company reminds employers covered by OSHA’s record-keeping rule to prepare and post the OSHA 300A “Summary of Work-Related Injuries and Illnesses” by February 1. The OSHA 300A Summary must be posted from February 1 through April 30 at all covered establishments in visible locations where notices are customarily posted so that employees are aware of injuries and illnesses occurring in their workplace.

All establishments covered by 29 CFR Part 1904 must complete the “Summary of Work-Related Injuries and Illnesses” even if there were no work-related injuries or illnesses that occurred during the year. It is important to note that employers must keep a log for each establishment or site. That means a separate log and summary must be kept for each physical location that is expected to be in operation for one year or longer.

Using Compliance Poster Company’s product #74305 OSHA Forms Kit on Disc employers can print out as many “summaries” as they need to comply with the Occupational Safety and Health Administration (OSHA) law. Our OSHA Forms Kit on Disc includes the following forms:

• OSHA 301 Injury & Illness Incident Report
• OSHA 300A Summary of Work-Related Injuries & Illnesses
• OSHA 300 Log of Work-Related Injuries & Illnesses
• Safety Status Assessment
• Quarterly Hazard Communication Checklist
• Action Plan for Hazard Correction
• Employee Safety Suggestion
• Safety Meeting Minutes
• Supervisor’s Report of Accident
• Employee’s Report of Accident
• Accident-Exposure Investigation Report
• Employee Training Documentation
• Machine Operator Training Record
• Monthly Facility Inspection Checklist
• Employee Safety Meeting

You may be wondering when an injury or illness is considered work-related. Injuries and illnesses are considered work-related when an event or exposure in the work environment caused or contributed to the condition or under law significantly aggravated a preexisting condition. The establishment or site and other locations where one or more employees work or are present as a condition of their employment are considered work environments. Employers must record injuries and illnesses that result in the following:

1. death,
2. loss of consciousness,
3. days away from work,
4. restricted work activity or job transfer, or
5. medical treatment beyond first aid, as well as,
6. significant work-related injuries and illnesses as they meet additional criteria specified under the law.

Every establishment covered by the Occupational Health and Safety Act is subject to inspection by OSHA compliance officers. Post the OSHA Form 300A now to avoid penalties for non-compliance with the Act. For details on the Act visit http://www.dol.gov/compliance/guide/osha.htm

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     Compliance Poster Company’s updated Oregon All-On-One Labor Law Poster features Oregon’s three newly released labor law posters:

• 2012 Minimum Wage,
• 2012 Agricultural Employees Minimum Wage, and
• 2012 Oregon Family Leave Act (OFLA).

     The updated minimum wage postings inform employees of the new 2012 minimum wage rate of $8.80 per hour and the 2012 effective dates. Also, CPC’s All-On-One poster includes the revised 2012 Oregon Family Leave Act (OFLA) poster. Changes made to the OFLA poster clarify leave provisions and include who may take leave, the reasons for leave, employee eligibility requirements and notice obligations.

     Oregon Administrative Rules require employers to display the Oregon Minimum Wage and Family Leave Act notices in each building or worksite in conspicuous locations that are accessible to and frequented by employees. Electronic posting is not sufficient to satisfy Oregon’s posting requirements. Failure to post the mandatory labor law posters can subject an employer to a civil penalty or count as an unlawful employment practice.

     CPC’s 2012 Oregon Federal and State All-On-One Labor Law Posters are available in English and Spanish.

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