Entry into the US during coronavirus

By Lum Law Group 0

As most people know by now, the United States has issued a temporary travel ban on individuals entering the United States, which took effect yesterday (Sunday) at 5 pm. Any U.S. citizens and permanent residents who have been to the Hubei Province (which includes the city of Wuhan) face a 14-day quarantine on return. Any U.S. citizens and permanent residents who have been to China within the past 14 days from their return will be tested at the airport and are asked to isolate themselves for 14 days, subject to heightened monitoring. Foreign nationals who have traveled to China within the last 14 days will be barred entry into the United States, regardless of country of origin. The only exception for foreign nationals is immediate family of U.S. citizens and permanent residents who otherwise have a legal right to enter the United States.

Under U.S. Immigration law “Immediate relatives” are defined as spouses, parents and children under 21 of the U.S. citizen or permanent resident. Assuming this is what the U.S. Government means when it says “immediate family”, only these foreign nationals who have been to China in the last 14 days will be allowed entry in the United States on the conditions set forth above.

What this means is that wives and children under 21 and parents of U.S. citizens and permanent residents can still enter the U.S. under strict guidelines, the same as for citizens and permanent residents. However, they must still have a legal basis for entry, i.e., they have visas or travel documents allowing travel to the U.S.

An important side effect of this is that entering foreign nationals, whether permanent residents or people who can otherwise enter, should under no circumstances withhold information on their travels to China. Health concerns (which are paramount) aside, lying for obtaining an immigration benefit, in this case to avoid quarantine, could result in dire effects to future attempts to enter the United States and/or retain permanent resident status. It will not be worth the risk just to avoid heightened observation or quarantine for 14 days.

5 New 2019 California Employment Laws Every Business Owner Should know

By Jessica Suotmaa 0

California will implement many new regulations in the coming year. As a small business owner, it’s important to remain up-to-date with new legislation so that you can ensure your business is in compliance with State regulations. As employment defense attorneys, we encourage businesses to take preventative action before they’re sued by their employees. Here’s five ways you can avoid an employment related lawsuit in 2019:

1. Is he/she an Independent Contractor or an Employee?

The ABC test for determining whether your independent contractor is truly an independent contractor or actually an employee was already implemented in April this year (2018).  The California Supreme Court ruled on the subject in its decision on Dynamex Operations West, Inc. v. Superior Court. Since then, to determine whether your worker is an independent contractor or employee, you should ask yourself the following:

A – Is the worker free from your control and direction?

B – Does the worker’s performance take place outside your company’s usual scope?

C – Does the worker primarily function in an external, independent business or trade?

The answer to all three questions should be “yes”, if not, you cannot issue a 1099 for their work. This means many existing 1099 workers, such as freelancers and contractors, can no longer be considered independent contractors.  Also, if you are self-employed and using a 1099, you may need to administer the ABC test on yourself.

Read more on Forbes’ An End of an Era? How the ABC test could affect your use of independent contractors

2. Do I have to pay the $11 or $12 state Minimum Wage?

In 2016 California passed a legislation raising the state minimum wage to $11 an hour for those working in small businesses with fewer than 25 employees.  For businesses with more than 25 employees, the minimum wage is $12 an hour.

3. What about agricultural workers has changed?

Employers of agricultural workers with more than 26 workers will see changes in overtime policy.  Where the current law requires agricultural workers to be paid time and a half after ten hours of work in a day, or sixty hours in a week, the new law reduces the threshold.  In 2019, an agricultural worker working over 9.5 hours in a day, or 55 hours in a week, will be entitled to time and a half.

But what if you don’t have 25-26 agricultural employees? What if you have 10? The law does not go into effect for you until 2022.

4. Do I have to accommodate breastfeeding mothers?

Yes, yes you do.  Federal law requires employers to accommodate lactating mothers by providing them time and place to expunge breast milk, but it did not specify what type of room. As a result, many mothers were required to pump in a restroom, or even take their infant into a restroom with them.  New law, called lactation accommodation, requires employers to provide nursing mothers with a private room that does not have a toilet stall.

5. What about the #metoo movement and Workplace Sexual Harassment?

Sexual Harassment training used to only be required of companies with over 50 employees, but starting in 2019, even small businesses with as few as five employees will be required to provide sexual harassment education.  The new law mandates that, within two years, supervisory staff should have a minimum of two hours of sexual harassment training while non-supervisory staff should have one hour of sexual harassment training.

 

 

Source: https://www.northbaybusinessjournal.com/northbay/sonomacounty/8947388-181/california-employment-law-2019