CA EMPLOYMENT ESSENTIALS (CEE) is a 6 module training series of employment essentials focusing on regulatory compliance and HR best practices. Hiring to Separation: What Management and HR MUST KNOW!

LEADERSHIP EXCELLENCE SERIES (LES) is an 8 module training series focusing on practical leadership and communication skills to help managers DEVELOP OR REFINE THEIR EFFECTIVENESS AS LEADERS!

PHRca Prep Exam Course HRCI The Gold Standard in HR Certification. PHRca is now the single designation that measures knowledge & expertise in four key areas of CA HR practice.

Dates of Upcoming Series:

CEE Begins: Oct. 12

LES Begins: Sept. 7

PHRca Begins: Sept. 20

TPO's popular prescheduled three-hour (9am - noon) workshops are presented on a wide range of important regulatory and leadership topics. Many are available to attend via webinar.

Dates of Upcoming Workshops:

Excelling as a Manager/Supervisor: Sept. 13

Difficult Conversations: Oct. 11

TPO brings you periodic briefings presented by knowledgeable subject matter experts on a variety of timely employment topics.

Dates of Upcoming Briefings:

External HR Support Briefing: Oct. 24

TPO's H&D prevention training goes above and beyond to address all forms of harassment and discrimination (age, race, religion, disability, etc.) that today's managers must be prepared to prevent and address.

Dates of Upcoming H & D:

Harassment & Discrimination Prevention ENGLISH: Oct. 3 & Dec. 7

Harassment & Discrimination Prevention SPANISH: Oct. 10

IN THIS ISSUE

1. LEGISLATIVE UPDATE - California & Federal
      by Melissa Irwin, SPHR, PHRca, SHRM-SCP, TPO

2. HR Q&A - Exit Interviews
      by Gina de Miranda, M.A., SPHR, PHRca, SHRM-SCP, TPO

3. CA WAGE & HOUR QUICK TIP - "Off-the-Clock" Work
      by Melissa Irwin, SPHR, PHRca, SHRM-SCP, TPO

5. REMINDERS - NEW I-9 Form...Again...
      by Tonja Posey, IPMA - SCP, TPO

California and Federal HR Legislation

by Melissa Irwin, SPHR-CA, SHRM-SCP, TPO

For proposed bills to become law, the CA Legislature has until September 15 for bills to pass both legislative houses, and the governor then has until October 15 to sign or veto bills. The status of CA bills:

Salary History (AB 168) – If passed, this bill would prohibit an employer, including state and local government employers, from seeking salary history information about an applicant for employment. The bill would require an employer, except state and local government employers, upon reasonable request, to provide the pay scale for a position to an applicant for employment.

Salary Threshold Increase for Exempt Status (AB 1565) – If passed, this bill would accelerate the minimum CA salary threshold to either $3,956 or an amount no less than twice the state minimum wage for full-time employment (based on 40 hours a week, this would be $47,472 per year), whichever amount is higher.

  • CURRENT REQUIREMENTS: To meet the current CA exemption from overtime, breaks and meals, employees must earn a weekly salary equivalent to at least 2 times the current minimum wage; in addition to meeting “duty” requirements for Administrative, Executive and Professional exemptions. As of 1/1/2017 at $10.50 per hour, that amounts to $840.00 weekly, $3,640.00 monthly, or $43,680 annually. Subsequent increases (employers with 25 or fewer employees have an extra year to comply):
Minimum Wage Date Weekly Monthly Annually
$11 1/1/18 $880.00 $3,813.33 $45,760
$12 1/1/19 $960.00 $4,160.00 $49,920
$13 1/1/20 $1,040.00 $4,506.66 $54,080
$14 1/1/21 $1,120.00 $4,853.33 $58,240
$15 1/1/22 $1,200.00 $5,200 $62,400
And then annual increases based on the Consumer Price Index (CPI).

“Ban-the-Box” (AB 1008) – If passed, this bill would “ban-the-box” in CA, which means to prohibit asking about criminal convictions on an Application for Employment.

Salary Data (AB 1209) – If passed, this bill would require employers to collect data on the mean and median salaries paid to men and women under the same job title or description.

Maternity/Paternity Leave (SB 63) – If passed, this bill would require employers with 20 or more employees to provide12 weeks of a protected leave of absence for child bonding.

Immigration Enforcement (AB 450) – If passed would impose various requirements on public and private employers with regard to federal immigration agency immigration worksite enforcement actions. A few of the components of the bill include prohibiting an employer from providing a federal immigration enforcement agent access to nonpublic areas of a place of labor without a warrant, except as specified, and, except as otherwise provided by federal law, would prohibit an employer from providing voluntary access to a federal government immigration enforcement agent to the employer’s employee records without a subpoena. Specific fines for noncompliance are also listed in the text of the bill.

Reproductive Health Care (AB 569)If passed would amend provisions of labor law relating to the obligations of an employer to prohibit an employer from taking any adverse employment action against an employee based on the employee’s reproductive health care decisions, methods, or the use of any drug, device, or medical service related to reproductive health by an employee or employee’s dependent.

Failed Deadline – Cannot become a Law this Legislative Session:

Scheduling (AB 5) – If passed, this bill would have required an employer with 10 or more employees to offer additional hours of work to an existing non-exempt employee before hiring an additional employee or subcontractor.

Government-Run Health Care” (SB 562) – If passed, this bill would have created a new CA single-payer government-run health care system.

 

Raise the Wage Act. If passed, would increase the federal minimum wage to $15.00 per hour by 2024.

Working Families Flexibility Act. If passed would allow certain private employees to receive, in lieu of overtime pay, at least one-and-a-half compensatory time hours for each overtime hour worked, up to a maximum of 160 compensatory time hours. Compensatory time would be paid at the rate in effect when accrued or the employee’s final regular rate. On January 1 of each calendar year, employers would be required to cash out accrued but unused compensatory time hours from the previous calendar year, though during-employment cash-outs are permitted under limited circumstances.

Interested in reading more about the bills and the process?

Federal legislation: http://www.govtrack.us/congress/legislation.xpd

California legislation: http://leginfo.legislature.ca.gov/

 

NEW CA UPON HIRE Flyer - Domestic Violence, Sexual Assault &Stalking

TPO clients with HR Administration Kits: Add to the “Upon Hire” Section of your Kit, both in physical and electronic forms.

Remember, there is no federal EEO-1 Report this Fall!  Employers with 100 or more and federal contractors with 50 or more employees are used filing the EEO-1 in each year by September 30. However, the requirements have changed and now the EEO-1 Report is not due until March 31, 2018, based on a workforce “snapshot” taken between October and December of 2017.

Yet another conflicting federal court decision! With a recent decision on the federal level, the courts continue to be split on if sexual orientation is protected under federal Title VII law, and the US Supreme Court may ultimately determine the answer. REMINDER: California clearly protects sexual orientation, gender, gender identity and gender expression under state anti-discrimination/harassment laws!

Two New San Francisco Ordinances for 2018!  San Francisco Mayor Ed Lee signed two new local ordinances relating to lactation accommodation and requests for salary history, which will affect San Francisco employers beginning in July 1, 2018. San Francisco employers are encouraged to thoroughly review all the intricacies of employment in that city which are clearly explained on San Francisco’s website at http://sfgov.org/olse/san-francisco-labor-laws-citywide.

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...Can't I Just Give Him His Final Check?

by Gina de Miranda, M.A., SPHR, PHRca, SHRM-SCP, TPO

Question:  We have an employee that we are planning to terminate.  I know that TPO advises that we conduct an exit interview and there is a form in the HR Administration Kit TPO provided us, but it just seems like overkill.  Can’t I just give him his check?

Answer:  Exit interviews are an excellent opportunity for:

  • Providing feedback to/from the employee and the employer
  • Reducing liability by identifying and possibly neutralizing potential “causes of action”
  • Transitioning employees through to final separation of employment

 

Almost every major change in life needs some sort of transition phase.  That is exactly what the exit interview is… it permits the employee and the employer to reflect on what has happened, air some feelings, address issues and ease the employee out of the company with the least exposure possible to the company.  Easing someone out while keeping things organized during a highly emotional time is the reason that TPO invented its exit interview form which should be used for both voluntary and involuntary separations of employment.  

TPO’s exit interview form has two pages.  Page one is a quick checklist that covers many “housekeeping details” such as authorizing the employer as to what information that the employee wants future employers to receive during reference checking.   While you are filling out this section, you can make the employee aware that this step is just as much about protecting their interest as that of the company.    

The rest of the first page is all about prevention.   It asks if the employee has reported all work-related injuries or illnesses at the time of departure.  This prevents a surprise from arising months later in the form of a delayed WC claim.  Other details such as the receipt of the final paycheck, the return of company property and keys as well as reminding the employee of any confidentiality agreements that existed which must be honored.  Finally, the first page records the reason for the employee’s departure as a hedge against unemployment claims disputes and other problems.  By recording these bits of data at that juncture, the employer defends against future claims that might arise from the departure of that employee.   

Page two of the form is a survey that captures the employee’s feelings on a wide variety of topics relating to their time at the employer. This feedback can be used to assess general employment practices and supervisory skills. In addition, if the employee notes previously unknown, serious problems with employment during this portion of the interview, it provides the opportunity for the employer to address them in a timely manner, before they possibly turn into a worse claim in the future.   

While conducting the exit interview takes more time than just handing over a final paycheck, following this TPO recommended “Best HR Practices” provides that the rewards are well-worth the time!

If you do not have a TPO HR Administration Kit, ask your TPO Consultant for more information.

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...the blurring of time worked!

by Melissa Irwin, SPHR-CA, SHRM-SCP, TPO

Technology is wonderful…and challenging!

It allows employees to easily check work emails on their smart phones while grocery shopping, take customer calls while running personal errands and log on to work servers after hours.

However, while we are so used to instantly being in contact, some might be unaware that it causes an issue where employees in non-exempt positions are actually working. Some employees might not mind this “off-the-clock” work, however, technically the employee should be logging the time they work and being paid for the time it took to perform the work.

TPO’s recommendation is for clients to consider the following in creating “Off-the-Clock” policies:

  • Determine which managers can authorize work to be performed after regular working hours.
  • Consider that requiring, or even allowing, employees to use their personal devices to perform work may then cause the employer to have to reimburse a reasonable amount as a business expense.

- This does not apply where the employer is contacting the employee through their personal phone/device about scheduling changes.

  • Evaluate challenges that might occur when employees work from their devices and any unintended IT impacts.

- Consider which positions are eligible to have remote access.

  • Inform employees of the policy and follow-through with management training.

 

 

 

 

 

 

 

 

 

 

For a sample No “Off-the-Clock” policy for consideration in your Employee Handbook, please click here.

 

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Again...

by Tonja Posey, IPMA - SCP, TPO

As previously noted in TPO’s Member eCompliance Update, The United States Citizenship and Immigration Services (USCIS) released yet another revision of the of Form I-9  https://www.uscis.gov/i-9, Employment Eligibility Verification, on July 17, 2017
 
Employers may use either this revised version or the Form I-9 with a revision date of 11/14/16 - until Sept. 18,2017. On that date, all employers must begin to use the form with the revision date of 07/17/17 (located on the lower left corner)

 

Revised Form I-9 instructions:

  • Removed “the end of” at the beginning of the phrase “the first day of employment.” Employers are required to complete the I-9 process before the first day of employment begins; however, remember that the I-9 may not be completed prior to acceptance of the offer of employment.
  • Changed the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, “Immigrant and Employee Rights Section.” 

Revised List of Acceptable Documents on Form I-9:

  • Added the Consular Report of Birth Abroad (Form FS-240) to List C. Employers completing Form I-9 on a computer will be able to select Form FS-240 from the drop-down menus available in List C of Sections 2 and 3. E-Verify users will also be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9.
  • Combined all the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) into selection C #2 in List C.
  • Documents in List C are renumbered except the Social Security card. For example, the employment authorization document issued by the Department of Homeland Security on List C changed from List C #8 to List C #7.

 

USCI’s I-9 website page https://www.uscis.gov/i-9 provides the updated form and other items.

 

Clients who have the HR Administration Kit, save the new file to the "Upon Hire" section of your electronic Kit documents, print a physical copy to replace in your physical Kit, as well as replacing any physical copies you may have in new-hire packets.

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We look forward to the opportunity to provide 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 nationally certified HR experts!
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