For Health Educator Classifications. Regarding SB1334 this new requirement is a legislative mandate and not County driven. In the event that a meal period is waived the employee gets paid plus receives a County penalty fee of $100, which the County will provide retroactive to 1/1/23.
Fair Labor and Standards Act (FLSA) Audit The Fair Labor and Standards Act (FLSA) Audit for positions within the Airport Operations Officer (AOO) was completed. The audit found that all AOO positions are FLSA exempt, meaning that they are performing work that is not subject to overtime provisions of the FLSA.
FLSA Analysis Findings (PDF)
Meal Waiver
If the employee whose typical shift is regularly 6 hours or less or more than 10 hours can sign the waiver once and the employee may revoke the waiver with a one-day notice.
Anything in-between (an employee who works a shorten day that is 6 hours long, etc.) will need to sign the waiver.
The attached waiver includes more general language to account for the above various scenarios an employee will need to complete the waiver, and adds verbiage that the employee may revoke their waiver within one day written notice.
Meal Break Waiver Form (PDF)
SB 1334 Correspondence to DSH Employees (PDF)
SB 1334 Impacted Classes (PDF)
SB 1334 Missed Lunch and Rest Breal Log (XLSX)
Things to note:
Employees will have every opportunity to take their lunches and breaks. Employees can then choose how to spend their lunch times. Employees will not be coerced to miss these important breaks.
If there is an instance that a meal break or lunch period could not be taken due to an unforeseen, staff will need to work with their manager to schedule the time needed to take the missed period.
All staff who have missed their breaks or lunches over the past year will receive retroactive payments going as far back as January 1, 2023, if they have provided the information to payroll as outlined in the April 2023 correspondence.
Payments are expected to be distributed to impacted staff no later than September 30, 2023.
Essential Employees Age 65+/Or Employees With Chronic/Underlying Health Conditions
The Families First Coronavirus Response Act:
What California Employers and Employees Need to Know (PDF)
Employees with Chronic/Underlying Health Conditions must self-disclose to their supervisor and will need to get medical verification within 10 business days of the self-disclosure. Remember to provide employees with a California Consumer Privacy Act (CCPA) notice prior to collecting information about their symptoms, testing history, etc. If employees are unable to get a medical verification within that timeframe they will need to contact their supervisor and may be required to use any available leave balances.
Some of your members and their dependents who have Western Health Advantage (WHA) for a medical plan and see a UC Davis physician have received, or will be receiving a letter informing them that UC Davis is withdrawing from participation in the WHA health plan. UC Davis was a founding business partner in establishing WHA, and this marks a very significant retreat by UC Davis in the local market. Attached is a sample of the WHA letter sent to members, and a copy of the UC Regents action item with some additional details about the decision.
At this time, there is no immediate replacement medical plan that will allow County employees to continue seeing a UC Davis physician after Jan 1, 2018. Approximately 500 employees with WHA coverage have selected physicians in UC Davis. We do not know the number of impacted dependents. We are actively requesting quotes from other medical plans on an urgent basis, but it is not a certainty that any other carriers will want to quote given our current participation structure and the number of impacted participants.
For now, no immediate action needs to be taken. However, absent any new medical carrier or plan offering, impacted employees and dependents have two options. First, they could stay with WHA coverage and change their primary care physician. WHA will actively assist in the process, including establishing a dedicated phone number and transition team as mentioned in their letter. A primary care physician change can be made at any time directly with the health plan and does not need a life event.
The second alternative is to change medical plans at Open Enrollment to either Kaiser or Sutter for January 2018.
Related Documents:
UC Regents Action Item – UC Davis Withdrawal From WHA
WHA UC Davis Member Letter
2014-2018 Summary: | |||||||||||
Cost of Living Adjustments: | 2014 | 2-4% | 2015 | 2-4% | 2016 | 4% | 2017 | 2-5% | |||
Restoration of 4.9%: | 2014 | 2% | 2015 | 1.9% | 2016 | 1% | 2017 | ||||
Retirement Contributions | 2014 | (~1.23%) | 2015 | (~1.23%) | 2016 | (~1.23%) | 2017 | (~1.23%) |