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Training Calendar
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CA Employment Essentials
A training series focusing on the
regulatory compliance and
HR best
practices
- the information & skills supervisors & managers need to
keep themselves and the organization out of hot water!
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February '12 |
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Management
Excellence Series
A training series focusing on
practical leadership
and
communication
skills to help
managers
develop or refine
their
effectiveness as
leaders!
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March '12 |
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Training Calendar
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Excelling as a First Time Manager or
Supervisor
January
26
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FMLA/CFRA/PDL Compliance
March
08
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Harassment and Discrimination
Prevention
May 15 |
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External HR Support Briefing
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Join us for breakfast
February 15
This
program is for ALL employers, including new & current TPO
members and affiliates. Learn about options and alternatives
available to employers considering the economies and
efficiencies of external HR support for all or part of their
employment-related demands – along with information about
TPO’s highly successful membership model. |
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2012 is a HUGE
year for changes in employment law, State and Federal enforcement actions, and
court decisions affecting ALL California employers including:
-The
“Wage Theft Protection Act”
- Commission Agreements
- Employer Credit Checks
- Independent Contractor
Misclassifications
- Employee Medical Leave Changes
- Expanded Gender
Identity/Gender Expression Protections |
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LITTLER'S EMPLOYMENT UPDATE -
Expanded this year!
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EXHIBITOR SHOWCASE
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Consultation
Request Card (With a Littler Attorney)
- NEW this year! |
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PLUS...FOUR
TIMELY AFTERNOON SESSIONS!
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HEALTH CARE REFORM -
and
Managing the High Cost of Employee Benefits!
(by
Tony Bruscia)
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EMPLOYMENT LAW & HR ROUNDTABLE -
Getting the Specific Answers You Need!
(by Littler & TPO)
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ACCOMPLISHING MORE WITH LESS -
5
Productivity Principals for the Digital Age
(by Pierre
Khawand)
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STRATEGIC ALIGNMENT -
Setting Priorities Provides Clarity for Us ALL
(by TPO)
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A PREMIER CONFERENCE FOR BUSINESS OWNERS, MANAGERS, HR, RISK
MANAGEMENT AND LEGAL COUNSEL IN PUBLIC, PRIVATE AND
NONPROFIT ORGANIZATIONS |
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TPO
Members
attend
FREE*
as part of their Annual Membership!
(*Based
on number of authorized representatives)
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**Charge
for participants above the number of your authorized
representatives.
Click here for early bird registration! |
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 ‘Tis the season to remind
all of our clients that though the Holidays are a
perfect time to let employees know how much you
appreciate their hard work by having company parties and
celebrations, it is also a time when alcohol
consumption, and thus potential employer-liability, is
an unfortunate reality. You may have read articles where
employers have been held liable for their employees
consuming alcoholic beverages at company events, driving
an auto, and then hurting or killing innocent victims.
Therefore, if you are in the process of planning this
year's celebration for your employees, please consider
the following points as part of that planning. Whether
an official company-sponsored event or an unofficial
couple of glasses of wine at the end of the day, certain
measures should be taken to help minimize any related
liability and most importantly, the safety of your
employees and the public.
If your company often has informal or formal social
events that include alcohol consumption “off-the-job,”
it might be wise to include an appropriate policy
regarding this in your employee handbook.
Because of the potential liabilities, many companies are
choosing to coordinate family-oriented, non-alcohol
celebrations for their employees. If you decide to serve
alcohol, always make a good faith effort to limit
intake, and consider these suggestions (some of which
are based on actual court cases) to reduce risks of
liability:
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 Move the party
off-premises to a club or restaurant, and hold it
during non-working hours.
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Avoid conducting
company business at the party. (Note: Even handing
out turkeys or company bonus checks or presenting
speeches by top management could be interpreted as
company business).
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Do not require
attendance; make it voluntary.
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Involve employees in
the planning.
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Be sure to plan
activities to keep your guests active - if your
guests stay active with some form of entertainment,
they probably will have a better time and be less
likely to drink too much.
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If you plan on serving
alcohol, budget to hire a professional bartender who
will stay sober, serve only measured amounts, and is
trained to cut off individuals who over imbibe; be
specific with the bartender as to how long the bar
is to stay open.
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Avoid providing liquor
purchased with company funds; do provide
alternative, non-alcoholic beer, wine, and soft
drinks.
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Consider limiting
alcoholic beverages to beer and wine, and
discontinue all but nonalcoholic drinks
approximately an hour or two before the party is
scheduled to end.
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Have employees
purchase their own alcohol, ideally by purchasing
controllable drink tickets.
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Serve meals or snacks;
high-protein foods, especially, which help retard
alcohol absorption. Avoid salty snacks; they promote
thirst, and people may drink more alcohol to quench
that thirst.
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Arrange for some
non-drinking employees, taxis, or limousine drivers
to take home those who may be unfit to drive
themselves.
We hope your holiday
season is full of fun and festivities, and that these
suggestions will help ensure that 2012 is a safe and
prosperous New Year! |
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 Beginning
January 1, 2012, the standard mileage rates for the use of a
car (also vans, pickups or panel trucks) will be 55.5 cents
per mile for business miles driven. The rate for business
miles driven is unchanged from the mid-year adjustment that
took effect on July 1, 2011.
The IRS establishes a mileage reimbursement rate to
compensate employees for the use of their vehicles
(including fuel, maintenance, minimum insurance
requirements, etc.). Many employers use this rate to satisfy
the requirements of Labor Code Section 2802. The Division of
Labor Standards Enforcement (DLSE), which enforces state
wage and hour laws, accepts the mileage reimbursement amount
used by the IRS as a reasonable amount for reimbursement for
vehicle-related expenses.
Employers are not required to use this rate, but must
reimburse employees for the use of their vehicles to
accomplish tasks assigned by the employer that require such
use. If the employer reimburses at the rate lower than the
one set by the IRS, an employee may challenge the rate paid
and require the employer to pay the amount of the actual
cost up to the IRS rate. |
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 Although
we care about your personal health, we're actually talking about
an
HR CHECK-UP...
We know you try hard to stay current with all of the
changing state and federal employment regulations, and to
have sound HR policies and practices, but it's very
challenging! Some organizations hire attorneys to conduct
regular comprehensive (and expensive) audits to be sure they
are on track and manage risk.
Rather than crossing your fingers and hoping you're on top
of things, we recommend at least conducting an annual Basic
HR Administration Review. Take a look at these KEY RISK
FACTORS FOR CA EMPLOYERS and decide if it would be a
good idea to confirm that your key employment practices are
legally compliant AND promoting positive employee relations: |
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1. Employee Handbook
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None
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Outdated (Legally and/or with current practices)
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Not Legally Sufficient
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Unsigned Acknowledgements
2. General Employment
&
Recordkeeping Practices
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Unlawful
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Inconsistent
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Postings & Required Distributions
3. Poor Hiring Practices
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Illegal Interview Questions
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Applications for Employment
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Applicant Data
4. Pay Misclassifications
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Exempt
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Non-Exempt
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Salaried/Hourly
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Independent Contractor
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Volunteers |
5. Inadequate Payroll Practices
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Overtime Calculations
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Meal Periods
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Recordkeeping
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Final Pay
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Deductions
6. Lack of Management Training
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Basic Employment Regulations, including Discrimination
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Effective Leadership Techniques
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Performance Management & Documentation, including
Terminations
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Required Sexual Harassment Training
7. Insufficient Leave Management
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PDL (Pregnancy
Disability
Leave)
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FMLA/CFRA (Family
Medical Leave Act/CA Family Rights Act - if applicable)
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Workers' Compensation
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Disability Management
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Other Required Leaves |
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It's less painful than a trip to the dentist, and not that
expensive to have TPO check up on your HR practices if you
don't have the time or expertise. You don't want to step
over dollars to pick up dimes when it comes to the financial
implications of having to defend your practices or actions
when it's likely that you "didn't know what you didn't
know"! Give us a call and you can check this off your "to
do" list and start 2012 in good shape! |
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If one of
your New Year Resolutions was to get better organized, clean
out file cabinets and drawers or make more room around the
office, think C and C before you begin. That would be
Cleaning and Care. Tossing can be addictive once you start
to see empty space in those jammed-up files and boxes. But
it is important to be sure that what goes out, can legally
do so.
 A quick review of legally compliant cleaning can help you to
stay on track knowing there will be no tears to shed later
when you need to produce a document that is shredded. If you
have a TPO
HR Administration Kit, you can find all the “purging”
information that you need in the final tab labeled
“General.” If not, here are some general guidelines to get
you started and be sure to call a TPO consultant if you have
specific, additional questions:
Keep for 5 years
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First Aid records for job injuries, and drug/alcohol test
results
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Affirmative Action documents (if applicable)
Keep for 4 years
Keep for 3 years
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Wage records, including time cards, shift schedules,
employee hours and days
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Child labor certificates (for hires under age 18)
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Union and employee contracts (if applicable)
Keep for 2 years
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Recruitment records, including job applications, job
inquiries received, applicant ID records, help wanted ads
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Employee Personnel files including disciplinary notices,
evaluations, promotions and demotions, terminations and
recalls, training
And be sure to keep documentation for any claims,
investigations and legal proceedings until the final
disposition of the case, which can sometimes be a long, long
time. Now…get back to that cleaning!
Give us a call with any questions about records retention or
any other employment questions you have! |
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Following is a recap of the
most impactful CA employment-related bills for 2012. Each of
these will be discussed in more detail at our all-day
Employment Law and Leadership Conference:
CA
Legislation
Signed into
Law by Governor Jerry Brown
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Insurance
Premiums – Pregnancy Disability Leave (SB 299)
—
Requires employers to
maintain and pay for health insurance premiums for an
employee who is on Pregnancy Disability Leave (PDL)
under the same conditions that coverage would have been
provided if the employee had continued in employment
during the PDL leave. PDL is for the amount of the
pregnancy-related disability, up to a maximum of 4
months.
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“Gender Expression” (AB 887) – Includes
“gender expression” under the Fair Employment and
Housing Act, defined as “a person’s gender-related
appearance and behavior whether or not stereotypically
associated with the person’s assigned sex at birth.”
The new DFEH poster can be downloaded at
http://www.dfeh.ca.gov/res/docs/Publications/DFEH-162.pdf.
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Organ and Bone Marrow Leave Clarification (SB 272)
— Provides employers with clarity on these mandatory
leaves, including that: 1) the one-year period
referenced in the statute is 12 consecutive months from
the date of the employee’s request for leave, not a
calendar year, 2) the days of leave are business days,
as opposed to calendar days, and 3) the benefits of an
employee must be maintained at the same level during the
paid leave, as if he/she had continued to work during
that period.
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Wage Notifications (AB469) — Requires an
employer to provide each employee, at the time of
hiring, with a notice that specifies the rate and the
basis, whether hourly, salary, commission, or otherwise,
of the employee’s wages and to notify each employee in
writing of any changes to the information set forth in
the notice within seven calendar days of the changes
unless such changes are reflected on a timely wage
statement or another specified writing.
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Credit Checks (AB 22) — Limits employers’
ability to use consumer credit reports to only where the
information contained in the report is “substantially
job-related,” which is narrowly defined to managerial
positions; employees of the city, county, or state
Department of Justice; law enforcement; or a position
for which a report is required by law.
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Commissions (AB 1396) — Requires that all
employers put commission agreements in writing, clearly
stating the method computed and paid. Employees must
sign a receipt of the commission agreement, to be
retained by the employer.
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Commission defined per the text of the law:
“Commissions does not include short-term productivity
bonuses such as are paid to retail clerks; and it does
not include bonus and profit-sharing plans, unless there
has been an offer by the employer to pay a fixed
percentage of sales or profits as compensation for work
to be performed.”
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Independent Contractors (SB 459) — Imposes
new penalties for the willful misclassification of
someone as an independent contractor.
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IRS Voluntary Classification Settlement Program:
Employers that choose to voluntarily
reclassify their independent contractors as employees
for federal tax purposes and may be eligible to pay a
fee covering a portion of their past payroll obligations
and can escape certain tax liability for improper
misclassification under the IRS's new Voluntary
Classification Settlement Program (VCSP). Employers
interested in participating in the VCSP can apply by
filing Form 8952, Application for Voluntary
Classification Settlement Program, at least 60 days
before the employer wishes to treat the workers as
employees.
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Farm Labor Contractors Itemized Statements (AB 243)
— requires that the written statement include the name
and address of the legal entity that secured the
employer’s services in addition to the currently
required semimonthly itemized statement.
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Minors Employed in Agricultural Packing Plants (AB1398)
— extends the exception to hours now allowed for this
employment in Lake County and modifies the reporting
required for the same.
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Agricultural Labor Relations Procedural Revisions
(SB126) — changes and clarifies procedural
matters where Unfair Labor Practices have been
identified and the resulting legal review mediation or
other actions.
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Unemployment Insurance in the Motion Picture Industry
(AB55) — Extends the current UI requirements
for this industry beyond the original repeal dates of
January 1, 2012.
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Gender/Sexual Orientation Protection in Contracts
(SB117) — Extends coverage of the current law
prohibiting state entities from contracting with any
organization that does not provide same health benefits
coverage for a domestic partner as for a spouse to
include any contractor that discriminates on the basis
of the gender or sexual orientation of an employee’s
spouse or partner.
Article written by:
Melissa Irwin, SPHR-CA |
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“Breaks”
…when employees want to choose when to take them!
While in reality some employers allow their hourly,
non-exempt employees to take their breaks at the end of the
day (effectively leaving early), it is not technically within the spirit of CA wage and hour requirements.
The wage orders specifically state that 10 minute breaks are
to be taken for every four hours worked, "which insofar as
practicable shall be in the middle of each work period." As
a reminder, if an employee is not provided rest periods (or
if an employer requires employees to not take a rest
period), they must be paid an hour of penalty pay for the
missed rest period (up to a maximum of one hour per day).
In addition to not meeting the wage and hour requirements,
allowing employees to go home early can impact scheduling
and work flow requirements, as well as the often valid
concern that additional "breaks" are taken throughout the
day in addition to leaving early. Also, it keeps the
employee "on the clock" 20 minutes after they have actually
left the premises. Employers are within their rights to
require employees to take breaks at certain times and to
require they stay working the entire shift; with
disciplinary consequences (up to and including termination
of employment) for violations of that directive.
That all said, if an employee is provided the opportunity to
take breaks and the employee self-chooses to not take the
break for their own personal reasons, the extra penalty hour
of pay is not required. For some employers they don't mind
this arrangement and allow employees to make that decision.
In such a situation, it is recommended employees sign
timecards indicating that they were provided the opportunity
for breaks and to indicate if any missed breaks were due to
the employer requiring it be missed.
It seems you need to determine first what scheduling
requirements you have and then determine if you want to
allow employees to not take their breaks and leave early.
Always pros and cons as well as associated levels of
risk-tolerance.
If you
would like to discuss this issue further, please give your
TPO
Representative a call!
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Article written by:
Melissa Irwin, SPHR-CA |
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ACTION
Council of Monterey County, Inc. -
SALINAS
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Robert Talbott
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mONTEREY
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We look
forward to the opportunity to provide each of you with
unlimited phone/email access, reduced consulting and
training rates, eCompliance notices, attendance to our
Annual Employment Law & Leadership Conference at no
additional cost, and priority status when you require TPO
support from any of our highly qualified team of HR experts!
Thank you for joining! |
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 Did
you know that TPO is licensed by the State of California
(PI-25638) to provide investigative services?
Not only do we
offer years of experience, judgment and credentials –
combined with the latest technology – to client
investigations including alleged harassment, discrimination
and malfeasance; we also work with our clients to reduce
risk, liability and loss by creating solid policies and
systems. TPO can investigate and analyze root causes,
patterns and trends to reduce exposure and liability – and
then recommend corrective actions.
Some of the
situations that TPO-HR can help you with are:
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HR
INVESTIGATIONS
• Discrimination
• Harassment
• Theft
• Workplace Relationships |
BACKGROUND INVESTIGATIONS
• Pre-employment
• Promotions
• Contractors/Consultants |
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RISK
MANAGEMENT
•
Internal/External Theft
• Intellectual Property
• Computer Use
• IIPP |
GENERAL
INVESTIGATIONS
• Records
• Research
• Special ”Discreet” Inquiries
• Skip Tracing |
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Don’t
wait until a situation of discrimination, harassment or
other malfeasance arises – give TPO a call to review your
current policies, employee relations issues and overall
prevention systems today!
For more information on TPO’s Investigative Services, please
call us at 1-800-277-8448 or email
info@tpohr.com.
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 Is
it true that California only requires employers with 50 or
more employees to train their managers about preventing
sexual harassment in the workplace? Also are we safe in not
providing protected time off to take care of a family
member?
-
 Sexual
Harassment Training: For this particular law, you must
also include independent contractors in
the “employee count”! If you still determine that
California Assembly Bill 1825 does not apply, remember
that both the Equal Employment Opportunity Commission (EEOC)
and Fair Employment and Housing Act (FEHA) have LONG
HELD that employers
must take all reasonable steps to prevent harassment
from occurring –
and as you can imagine – training
managers and supervisors is generally accepted by
all courts as reasonable! In addition, there is a
long-standing acceptance of providing an Affirmative
Defense for employers who provide such training and get
sued even in other states. Employers that rely only on
the written word (in an employee handbook, distributed
pamphlets, and/or other policy documents) have some risk
of legal exposure for not taking the time to discuss
this important topic with leaders of their organization.
Of all the training you offer to your managers and
supervisors, this should be at the top of your list!
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Be
careful! While
the Family and Medical Leave Act (FMLA) and California
Family Rights Act (CFRA) may not apply, California Labor
Code section 233, "Kin Care," must be considered. Which
employers are covered? ALL private sector employers
offering sick time or Paid Time Off (PTO)* benefits –
regardless of number of employees. While employers are
not required to offer paid sick time or PTO, those that
do must follow California State law regarding employee
use of such benefits. When an employer provides paid
sick time or PTO, they must allow employees to use up to
half their annual accrual to care for a sick family
member. What is half their annual accrual? Half of an
employee's accrued and available sick time/PTO – or what
would otherwise be accrued in a 6-month period –
whichever is greater. Who is considered family? A family
member is defined as spouse, domestic partner, parent,
child, or child of a domestic partner. As well, employee
use of Kin Care must not be counted against employees on
attendance records.
* Because PTO is a
bundling of vacation, sick time, personal holidays,
etc., it must be included when evaluating employer
coverage and employee use of protected time off under
Kin Care.
Article written by:
LaTonya Olivier, SPHR-CA |
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Meeting your needs and exceeding your expectations!
  
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HUMAN RESOURCE MANAGEMENT's E-Newsletter. If you have comments or
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Employment Upd@te
is a
publication of TPO
HUMAN RESOURCE MANAGEMENT. Copyright ©2004-2011.
All rights reserved.
TPO's Employment Upd@te may not be reproduced or
re-transmitted without change or modification of any
kind.
The information
provided is designed to be accurate in content. TPO
provides human resource consulting and is not engaged in
rendering legal, accounting or other professional
services. Readers are advised to consult legal counsel
on matters involving employment law or important
personnel policies & practices before adoption or
implementation. |
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