Are You in Compliance?

Cal/OSHA regulation (Section 3396) requires an employer to document, either in a separate plan or as part of their injury and illness prevention plan, steps taken to prevent indoor heat illness. See Cal/OSHA Heat Illness Prevention Guidance and Resources for more information. For sample language to add to an injury and illness prevention plan, see Infection Control and Cal/OSHA FAQ.

The following cities and counties are affected: Alameda, Berkeley, Emeryville, Fremont, LA City/LA County, Malibu, Milpitas, Pasadena, San Francisco and Santa Monica.

See Minimum Wage and Paid Sick Leave Ordinances by City/County available on cda.org for details.

Senate Bill 553 requires employers, with limited exceptions, to establish, implement and maintain an effective workplace violence prevention plan with specified information.

Beginning Jan 1, employers must provide 5 days or 40 hours of paid sick leave annually. Employers should, update their policies, inform payroll providers of changes, provide employees with a new copy of the Notice to Employees required under California’s Wage Theft Protection Act and post the updated paid sick leave poster available on the Labor Commissioner’s website.

The ordinance sets forth certain requirements for employers retaining freelance workers (bona fide independent contractors) operating within the City of Los Angeles. Among other requirements and protections, the ordinance establishes a requirement that a written agreement be in place. Read more about the requirements of the ordinance here.

The “Know Your Rights: Workplace Discrimination is Illegal” poster has been updated by the U.S. Equal Employment Opportunity Commission (EEOC). This new notice includes information regarding the Pregnant Workers Fairness Act (PWFA) which became effective June 27, 2023. Practice owners must print and post this notice over the (10/2022) notice contained in the 2023-2024 Required Poster Set.  

Although the Department of Labor’s website description for the Employee Polygraph Protection Act (EPPA) Poster still shows reference to the 2016 posting date, the poster itself has been added to reflect a “2/22 revision” update.

A recent update to federal law providing additional rights to parents who must express breast milk at work has impacted the federal Minimum Wage poster. Known as the “PUMP” Act (Providing Urgent Maternal Protections for Nursing Mothers), the law impacts employers who are not covered by California’s more expansive protections. Since it came into effect employers must accommodate nursing mothers by, among other things, providing a location other than a bathroom to express breast milk. California has required lactation accommodation for a number of years and requires notices to employees above and beyond poster notice requirements.

Poster last revised: April 2023 (the April 2016 and February 2013 versions still fulfill the posting requirement). The April 2016 version is contained in the 2023-2024 Required Poster Set. CDA Members may still choose to print and affix the new poster over the FMLA poster contained in the 2023-2024 Required Poster Set. The poster must be displayed in a conspicuous place where employees and applicants for employment can see it. 

Prescribers who apply for a new DEA registration, or who want to renew their registration, on or after June 27, 2023 are required to complete 8 hours of education on “treatment and management of patients with opioid or other substance use disorders.” The hours can be completed with one or more courses from an acceptable course provider. The individual is only required to complete the hours once for DEA registration or renewal. The new requirement is part of the Medication Access and Training Expansion (MATE) Act that was enacted in 2022 as part of a federal spending bill. For more information see this article.

New C.E. requirements include a mandated opioid course for dentists and new activity eligible for earning C.E. credit. For more information see “Continuing Education Requirements and FAQ.”

Dentists are authorized to administer flu and COVID-19 vaccines. The Dental Board has adopted related regulations on training, continuing education, notification and reporting.

Enforcement of this rule, which is to improve patient access to their electronic health information, is expected to commence on this date. For more information see “Information Blocking Rule Q&A.”

Senate Bill 501, which changed requirements to hold general anesthesia and sedation permits, took effect. Any holder of a general anesthesia, conscious sedation or oral conscious sedation for minors permit is required to apply for a new permit once their current permit expires after Jan. 1, 2022. Implementing regulations and permit applications became available in August 2022. See the news article for more information.

California prescribers are required to use electronic data prescribing for all prescriptions starting Jan. 1, 2022. Legislation, AB 2789, establishing this mandate was passed in 2018. For additional information on how to get started prescribing electronically and on the new rules, refer to Prescribing & Dispensing Q&A.

Employers of five or more employees must begin to provide up to 12-weeks of unpaid, job-protected leave to eligible employees. Employees who meet the eligibility requirements can take leave for the birth, adoption or foster care placement of a child or for a serious health condition of the employee or a specified family member. Employers should watch for updated notices and update practice leave policies. Check here later for additional resources.

The program is expanding to offer benefits to any employee who takes time off to attend to situations (qualifying exigencies) related to the covered active duty status of the employee’s spouse, registered domestic partner, child or parent who is a member of the U.S. Armed Forces. This new law does not create a right to take a protected leave of absence, merely the ability to collect PFL benefits (after Jan. 1, 2021) if the employee does take the time off.

The California Department of Tax and Fee Administration (CDTFA) began accepting applications today for a small business hiring credit against California state income taxes or sales and use taxes. Qualified business employers who employed 100 or fewer employees as of December 31, 2019; and suffered a 50% decrease or more in income tax gross receipts when comparing second quarter 2020 to second quarter 2019, may apply between Dec. 1, 2020 through Jan. 15, 2021 to receive a credit of $1,000 for each net increase in qualified employees from April 1, 2020 through June 30, 2020. The credit reservations will be allocated to qualified small business employers on a first-come, first-served basis.

Employers should be prepared with all the required information to start their online application. Visit www.cdtfa.ca.gov/taxes-and-fees/SB1447-tax-credit.htm for details.

Dental practices, including those that are exempt or want to claim an exemption to the requirement to install an amalgam separator, must submit a one-time compliance report to their local control authority. The report is available in most areas from the local sanitation agency. If a sanitation agency does not have a pretreatment program, then the dental practice must submit the report to the California State Water Resources Board.

The law includes language that any entity that employs health care providers or emergency responders that elect to exclude employees from emergency paid sick leave under the federal FFCRA health care provider exemption must provide the leave in California. As a best practice, all employers should comply with emergency paid sick leave under FFCRA.

A dental practice that offers patients the option of using a third-party credit program for treatment payment must comply with new requirements. A news article and updated California Commercial Credit Law resource are forthcoming.

On July 1, 2020, minimum wage increases take effect in several California localities and require updated postings. Employers in Santa Rosa should be aware of a new increase and required notice effective July 1, 2020.

See Minimum Wage and Paid Sick Leave Ordinances by City/County on cda.org

The benefit available through California’s State Disability Service program provides wage replacement to workers who take time off from work for an ill child, spouse, parent, grandparent, sibling, or domestic partner, or to bond with a child within one year of birth or adoption. Employers should update practice policies to reflect the increase.

As of Jan. 31, 2020, employers should begin using the Form I-9. The new version is dated 10/21/2019 but will not become mandatory until May 1. 

All employers must provide a private lactation location other than a bathroom, near the employee's work area. This new law requires the location to have certain mandatory features, requires employers to have a written lactation accommodation policy, changes the ability to claim an exemption, and expands the available penalties.

The minimum wage for a large employer with 26 or more employees in California will increase from $12 per hour to $13 per hour, and employers with 25 or fewer employees will increase from $11 per hour to $12 per hour on Jan. 1, 2020. Some cities and counties have their own ordinances beyond what is required by state law, with more expected to follow. CDA provides a guide to minimum wage ordinances by city and county and employers are advised to check with their local jurisdictions to ensure they are in compliance.