CG Moving attended the first CMSA Northern Region chapter meeting of 2019 in San Francisco.
Olga Garcia and I organized and attended the first California Moving and Storage Association Northern Region chapter meeting of 2019. We gathered at Chez Marius, a local bistro in the Noe Valley neighborhood of San Francisco. Our guest was Conor J. Dale, principal attorney at Jackson Lewis’s San Francisco office, who had recently joined the CMSA. He walked our group through several recent changes in California employment law.
California's New Sexual Harassment Training Requirements
Employers with 5+ California employees must now train all staff, not just supervisors, for 1 hour.
California updated its sexual harassment prevention training requirements. Under the previous rules, training was only required for supervisors. That has changed. Any employer with five or more employees must now provide at least one hour of training to all workers, including non-supervisory staff. Training materials can come from trade organizations, human resources agencies, or employment attorneys. Mr. Dale is available to help companies build a compliant program. The State has also committed to releasing free training materials, so employers can wait for those if they prefer, but all training must be completed before the end of 2019.
The ABC Test: California's New Standard for Independent Contractor Classification
California uses a 3-part ABC test for independent contractor status after the Dynamex ruling.
The California Supreme Court replaced the old ten-step independent contractor test with a simpler three-part method. This came out of the Dynamex case, which Mr. Dale referenced during his talk. You can read an article on the Dynamex ruling for more background. Under the ABC test, a worker qualifies as an independent contractor only if all three conditions are met:
(A) The worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract and in practice.
(B) The worker performs work that is outside the usual course of the hiring entity’s business.
(C) The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity.
Minimum Wage Updates for California Employers
State minimum wage is $11.00, but San Francisco, Oakland, and San Jose all have higher local rates.
California’s state minimum wage stands at $11.00 per hour. Some cities go above that, including San Francisco, Oakland, and San Jose. Mr. Dale also reminded the group that minimum wage increases affect salaried exempt employees too. When the floor moves, the salary threshold for exempt classification moves with it. The formula employers commonly use is twice the state minimum wage multiplied by 2,080 annual hours, so any increase also raises the salary threshold for salaried exempt workers.
What This Means for Licensed Movers in California?
CG Moving stays current on California labor law to keep standards high for every client we serve.
As licensed California movers, we are proud to be constantly learning. The employment law changes discussed at this meeting touch every part of how we run our business, from the way we coordinate commercial office moves to how we serve our residential clients. Staying current is part of how we meet and exceed California’s labor law requirements. We are grateful to Mr. Dale for making time for us during his paternity leave. Congratulations on your new baby girl.
Fred Wallace of One Big Man One Big Truck encouraged Mr. Dale to keep coming to future meetings and welcomed him formally to the CMSA and our chapter. Fred also put out a call for everyone who attended to leave Chez Marius Bistro a five-star review for their warm hospitality and excellent food.
The big winner of the evening was Kenny Ullmer of J & S Paper, who went home with a box of wine and assorted drinks.
Thank You to Our Vendors and Attendees
Thank you to every vendor, sponsor, and mover who joined the first CMSA chapter meeting of 2019.
Thank you to A52 Signs, All American Auto, Champion Risk and Insurance Services, J & S Paper, New Haven Moving Equipment, Robison Oil, and John Kay of Victory Packaging.
Save the date for our next and final chapter meeting before the CMSA convention. We are looking at the week of March 18, 2019, in the Richmond, California area. More details to follow.
