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!

Dates of Upcoming Series:

CEE Begins: March 7, May 9, August 8 & October 10

LES Begins: April 4 & September 12

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: March 5

Driving Difficult Conversations: April 9

TPO's popular prescheduled two-hour (9am - 11am) workshops are presented on a wide range of important regulatory and leadership topics. Many are available to attend via webinar.

Dates of Upcoming Workshops:

HR Q&A: June 18

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

Dates of Upcoming Briefings:

I-9 Compliance: May 14

TPO’s harassment training program goes well beyond the topic of sexual harassment to address all forms of unlawful harassment and discrimination (age, race, religion, disability, sexual orientation, etc.) that employers must be prepared to prevent and address.

Dates of Upcoming H & D:

ENGLISH

Harassment & Discrimination Prevention: March 27, June 13, August 20, October 1 & December 5

SPANISH

Harassment & Discrimination Prevention: March 28, June 20, August 27, October 8 & December 12

IN THIS ISSUE

FIFTHTEENTH ANNUAL TPO/LITTLER

Employment Law and Leadership Conference
To Make a Donation: Click Here

The all-day TPO/Littler Employment Law & Leadership Conference on 1/15/19 was another resounding success! The purpose of this article is to take 8 HOURS of in-depth information and boil it down to 6 sections of critical "take-aways"!

1. Littler's Employment Update:
      by Marlene Muraco,Esq., Littler Shareholder &
      by Richard Leasia, Esq., Littler Shareholder 

2. HIGH PERFORMANCE, LOW MAINTAINCE EMPLOYEES:
    How to Find, Lead and Keep Them!

      by Dennis Hungridge, M.A., SPHR, SHRM-SCP, TPO - The HR Experts

3. HR Q&A:
    Balancing Both Legal and Leadership Perspectives!

     by Melissa Irwin, SPHR-CA, SHRM-SCP, TPO - The HR Experts &
     by Marlene Muraco,Esq., Littler Shareholder

4. Wage & Hour:
    Mistakes Companies Still Make and What to do About Them!

      by Mel Cole, Esq, Littler

5. SOLVING PEOPLE PROBLEMS:
    TPO's Straightforward Advice!

      by Tonja Posey, IPMA-SCP, TPO - The HR Experts

6. The AG Employer:
    A 2019 Overview and What Lies Ahead!

      by Ryan Eddings, Esq., Littler Shareholder 

7. Benefiting TPO Members and Clients:
    Introducing TPO's Newest Team Members!

Congratulations to the
Grand Prize Winners!

Drawn from the evaluations with all eight stamps.

We thank all of you who took the time to complete your Program Evaluation and provided us with the important input we need to make 2020 even better!


Here is a sampling of the great feedback we received on the scores of Program Evaluations:

 

"Great Job TPO! As always, time well spent. Thank you!"

"Everything was great!"

"Great seminar!"

"First time and enjoyed greatly!"

"Presentations were very useful and well presented!"

"My first time attending and I am so glad that I did, received a lot of information!"

"Thanks for another great conference!"

Alvarez Technology Group (ATG)

Conference GOLD Cosponsors Since 2013!

Click Here to Learn More About ATG

HERE ARE YOUR RECAPS!

by Marlene Muraco,Esq., Littler Shareholder & by Richard Leasia, Esq., Littler Shareholder 

 

(Effective January 1, 2019 unless noted):

 

New Law - Harassment Training (SB 1343) – Modifies the current law (required employers with 50+ employees to provide supervisors two hours of sexual harassment training within six months of hire/promotion and every two years thereafter) to by January 1, 2020, all employers with 5+ employees are required to

  • provide two hours of sexual harassment training to supervisors, AND
  • provide one hour to non-supervisorial employees.

Thereafter, both the supervisor and employee training are required within six months of hire/promotion and every two years thereafter.

TPO Note: Plan your CA required supervisor and employee Harassment, Discrimination & Retaliation Training for 2019. TPO provides “live” training to best address these very serious issues! Training is available in Spanish, at TPO’s Training Center in Monterey, and at the client’s location.

New Law - Harassment and Reference Checks (AB 2770) Adds to list of “qualified privileges” against defamation:

    1. Complaints of sexual harassment by an employee, without malice, to an employer based on credible evidence; and
    2. Communications between “the” employer and interested persons regarding a complaint of sexual harassment.

“An” employer is authorized to answer, without malice, whether the employer would rehire an employee and whether or not a decision to not rehire is based on the employer’s determination that the former employee engaged in sexual harassment.

TPO Note: Centralize your Reference Check Process! Before providing information regarding sexual harassment, PAUSE, and seek executive level (and possibly legal) support.

New Laws – Harassment Settlement Agreements, Nondisparagement Agreements, General Release Agreements, Separation/Severance Agreements, and “Love” Contracts (SB 820, SB 1300 and AB 3109) – These bills provide for various new specific requirements for many types of legal releases, including those related to sexual harassment, assault and discrimination.

TPO Note: Work with appropriate Legal Counsel to create legal agreements!

New Law - Paid Family Leave Insurance Update (SB 1123) – PFL insurance will be expanded beginning January 1, 2021, to any employee who takes time off to attend to “qualifying exigencies” related to the covered active duty status of the employee’s spouse, registered domestic partner, child or parent who is a member of the US Armed Forces.

TPO Note: PFL is an insurance plan providing partial wage replacement (i.e., “money”). PFL does not guarantee a leave of absence (i.e., “time”)!

New Law - Salary History Ban Clarifications (AB 2282) – Provides clarifying definitions to existing law that prohibits seeking salary history information from an “applicant” and required employers must, upon “reasonable request,” provide an applicant with “the pay scale” that corresponds to the position sought.

    • “Applicant” is “an individual who is seeking employment with the employer and is not currently employed with that employer in any capacity or position.”  
    • “Reasonable request” is a “request made after an applicant has completed an initial interview with the employer.”
    • “Pay scale” is a “salary or hourly wage range.” 

New Law – Lactation Accommodation (AB 1976) – Changes the current law that an employer must provide a location other than a “toilet stall” for an employee to express breast milk, to “bathroom.”

TPO Note: Be open to discussing accommodation recommendations with employees!

New Law – Human Trafficking

  • Training for Hotels/Motels (SB 970) – Must provide at least 20 minutes of interactive training on human trafficking awareness by January 1, 2020 for workers employed as of July 1, 2019, and within six months of hire for workers employed after July 1, 2019 and then every two years. 
  • Poster for Some Industries (AB 2034) – Requires some businesses to post a notice regarding human trafficking near the public entrance of the establishment or in another conspicuous location in clear view of the public and employees where similar notices are customarily posted.

TPO Note: A partial list (and typical TPO clients) affected by the new mandate include: farm labor contractors; hotels, motels, and B&Bs; on-sale general public premises licensees under the ABC; massage or bodywork services for compensation; and urgent care centers.

Independent Contractors - The CA Supreme Court in 2018 announced a significant change by adopting a modified “ABC” test for determining whether an individual is an employee in CA for Labor Commissioner issues. An individual is presumed to be an employee unless the company can prove all three of the following:

    1. That the worker is free from control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact; and
    2. That the worker performs work that is outside the usual course of the hiring entity’s business; and
    3. That the worker is customarily engaged in an independently established trade, occupation or business of the same nature as the work performed.

Small Amounts of Routine “Off the Clock Work” – The CA Supreme Court in 2018 held that employers can’t allow employees to routinely work for minutes “off the clock” without being paid. For example, tasks required before clocking in or after clocking out.

TPO Note: See the recap the afternoon break-out session, “Wage & Hour” for more information.

Flat Sum Bonuses - The CA Supreme Court upheld the DLSE’s method of determining Flat Sum Bonuses (in this case a weekend attendance perk). The correct method is factored into an employee’s “regular rate” of pay by dividing the amount of the bonus by the total number of non-overtime hours actually worked during the relevant pay period and using 1.5, not 0.5, as the multiplier for determining the employee’s overtime pay rate.

TPO Note: “Regular rate” is not the base hourly rate, it includes all compensation (i.e., production bonuses and commissions). Paid Sick Leave, Overtime and Meal/Break Penalties must be paid at the “regular rate.”

CA Minimum Wage Increases –  A reminder that CA minimum wage increases to ultimately $15.00 per hour on 1/1/2022 through yearly increases. Employers with 25 or fewer employees have an extra year to comply with the increase.

$11.00  1/1/2018 $   880.00 weekly, $3,813.33 monthly, $45,760 annually
$12.00  1/1/2019 $   960.00 weekly, $4,160.00 monthly, $49,920 annually
$13.00  1/1/2020 $1,040.00 weekly, $4,506.66 monthly, $54,080 annually
$14.00  1/1/2021 $1,120.00 weekly, $4,853.33 monthly, $58,240 annually
$15.00  1/1/2022 $1,200.00 weekly, $5,200 monthly, $62,400 annually
And then annual increases based on the Consumer Price Index (CPI).

 

Updated! 2019 Annual Exemption Compensation Increases - While most exemptions require a salary to be paid, the following are exemptions for employees paid hourly providing the duties requirements are met.

Reminder! CA Agriculture Overtime Phase-In - .As passed in 2017, starting 1/1/2019, the current 10-hour day threshold for overtime is lowered by half an hour each year until it reaches the standard 8-hour day by 2022. Employers with 25 or fewer employees have an additional 3 years to comply.

TPO Note: See the recap the afternoon break-out session, “The Ag Employer” for more information.

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AFTERNOON SESSION RECAPS

How to Find, Lead and Keep Them!

by Dennis Hungridge, M.A., SPHR, SHRM-SCP, TPO - The HR Experts

In today’s labor market, talent can be hard to find – and even harder to keep. In fact, it is THE challenge of the coming decade. With his usual flare, Dennis outlined a structured approach and provided specific tools to be ready to meet the challenge now. Participants walked away from this session with a treasure chest of actions and ideas to put into practice immediately.

The reality is, now more than ever, every successful organization needs to hire, train, lead, and motivate employees who can deliver value to customers and constituents. Dennis shared impactful know-how to position hiring teams to locate and bring employees on board with the necessary skills and attitudes. The keys points are knowing who you are as an organization, what you need from your workforce, and why candidates should choose you and stay.

  • Framework for understanding who you are as an organization;
  • Profile of the current needs and wants for prospective employees; and
  • Plan for creating the kind of work environment that will motivate employees to stay with you.

 


Did we mention Dennis is also a stage actor? Always fun!

To learn more about:

  • DEFINING CLARITY AROUND: Brand • Culture • Purpose
  • LENCIONI’s SIX CRITICAL QUESTIONS©
  • JOB DESCRIPTION BEST PRACTICES
  • ONBOARDING & NEW EMPLOYEE ENGAGEMENT: A Year-Long Process
  • WHAT JOB SEEKERS ARE LOOKING FOR IN 2019
  • THE FIVE TACTICS MODEL© for MOTIVATING TOP PERFORMERS
 

 

 

 

 

 

 

If you missed it at the TPO Conference, not to worry, we have scheduled another opportunity for you to attend!.  For more information or to register (Click Here) or, visit TPO's Pre-scheduled Training's (Click Here).

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Balancing Both Legal and Leadership Perspectives!

by Marlene Muraco, Esq., Littler Shareholder & Melissa Irwin, SPHR-CA, SHRM-SCP, TPO - The HR Experts

Marlene and Melissa engaged the audience in their usual balancing act while they took questions from the audience and provided their comments, thoughts and recommendations often with a bit of humor to add some levity to an area of business that is often frustrating for those administering the HR function!

Some of the more common themes that emerged and their recommendations:

Focus on Performance! Number one priority. Period. The more that you can show how the employee’s performance rated against the work performance factors, the more you can deflect claims of partiality, unfairness and even discrimination. Performance documentation is key to successful defense!

Specific Tip: When your gut starts to rumble, start documenting specific behaviors, dates/times and facts.

PAUSE! Rarely do employment decisions need to be made immediately. It is often best to “pause” the discussion and agree to a time/date to reconvene to better discuss the situation. This usually results in a more level-headed, fact-based and defensible decision that can be better conveyed to the employee at the appropriate time.

Specific Tip: Consider the following, “Employee, this is an important matter and I want to make sure all the appropriate information has been considered prior to moving to the next step or making a decision. Let’s meet again on date/time, so we can continue this discussion.”

Know Your Role! You are not the employee’s healthcare provider (so don’t give medical advice or make medical assumptions). You are not the employee’s Workers’ Compensation Claims Adjuster (so don’t give your opinion on if the injury/illness is work-related).

Specific Tip: Through “care and concern” work within healthcare provider specific written recommendations WHILE ensuring the functions of the job can be performe.

The Devil May Just Be in the Details! HR is tasked with staying on top of a LOT of details! Use of a calendaring system to ensure follow-up is vital in many areas of HR, including: I-9 work authorization document expiration, leave of absence start/end dates, annual review prompts, official separation of employment date, when meals are taken, and so many more detailed areas.

Specific Tip:

  • The HR Best Practice is to ensure rest breaks are “provided” not that they are actually taken; therefore, since the law doesn’t require employees to clock/record exact in/out times for rest breaks, employers should consider the pros and cons of such a practice.
  • Plan now to document, track and retain harassment training record.

Determine Your Level of Risk-Tolerance and/or Risk-Avoidance! Each employer has their own comfort level and it is important in guiding HR decisions. Departments and individual managers must also be in alignment with the policies of the organization.

Specific Tip: For each employment situation, analyze the risk/rewards of various options, and then choose the option best aligned with organization culture.

Remember, TPO Members receive FREE Q&A as part of thier TPO Annual Membership! Jot down your questions and call your Lead TPO Consultant for discussion!

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Mistakes Companies Still Make and What to do About Them!

by Mel Cole, Esq., Littler

Wage and Hour Violations Consequences – Potential damages for violations of wage and hour laws include:

  • Unpaid wages and overtime
  • Double damages for many state claims
  • Court costs and attorney’ fees
  • For independent contractor misclassification, may also include; Fringe benefits and tax liability

Lookback is 4 years. DLSE, EDD and IRS. Employees can pursue on their own or on behalf of others in a class action.

Make sure you are posting the correct Wage Order, click here

 

Piece Rate Plans The more complicated your plan is, the more difficult it is to stay in compliance. Due to the challenges with these plans, many employers have opted to not use piece rate plans. Employers who choose to use piece rate plans, are recommended to:

  • Identify with particularity all tasks associated with the “piece” – i.e. are necessary to the completion of the piece.
  • Identify and define all non-productive time.
  • Clearly define all expectations regarding performance by employees.
  • Train employees in the tasks necessary to the completion of a piece.
  • Err on the side of compensating for time separately , i.e. training time, waiting time, travel time, safety inspections, paperwork etc.
  • Create a clear, legally compliant formula for calculating the AVERAGE RATE OF PAY

Know how to calculate the average rate of pay! When calculating pay for Overtime. Piece rate (and commission) payments are earned over the total hours worked, not just 40, so two calculations are required. 

There are additional Paystub component requirements for employees paid on a piece rate basis.  They include – Rest Breaks Recovery Periods (R&R) and Non-Productive Time (NPT). These required elements must be compensated, separate from piece rate compensation.

The rate for rest & recovery and non-productive time will be the higher of;

  1. An average hourly rate (Divide the total compensation for the workweek, without the compensation rest, recovery, non-productive time and any premium compensation for overtime, by the total hours worked during the workweek without the rest, recovery and non-productive time.  OR
  2. The applicable minimum wage.

Commission Plans – Separately compensate non-exempt commissioned employees for rest and meal breaks. Calculating rate of pay is complicated and depends upon a number of things like; pure commission plan, hourly plus commissions, how commissions are “earned”, or when commissions are “earned”.

Reporting Time Pay – If an employee in a non-exempt position reports to work and there is no work provided, they must be paid for at least half of the time they were scheduled to work. A minimum of two hours or a maximum of for hours.

NEW at the time of writing this article: Wage Order 7 (Mercantile Industry)
The Second District California Court of Appeal ruled last week that on-call employees are entitled to reporting time pay if they are required to contact (call in, text or email) the employer to see whether or not, they must actually report to work (Ward v. Tilly’s Inc., CA 2/3 B280151 2/4/19). This significant wage and hour case applies to employees governed by Wage Order 7.  Time will tell if this will also be the requirement for other Wage Orders that frequently require employees to make contact to see whether or not, they must report to work.  

 

Best Timekeeping Practices

  • Electronic timekeeping - While the old system of pen and paper is still acceptable, electronic timekeeping reduces mistakes in the recording and calculation of time worked.
  • Require employees to punch in and out when they begin and stop working. (Start of day, meal breaks, and end of day)
  • “Pay to the punch” without rounding
  • Require employees to certify their work hours by signature.

Independent Contractor (IC), or Employee Following are RED FLAGS that might support the claim that an IC could be an employee:

  • IC is a former employee.
  • IC performs same work as employees.
  • IC agreement includes a noncompete.
  • IC is paid salary or by the hour rather than project.
  • Company provides training.
  • Company controls hours worked.
  • Company provides tools or equipment,
  • Company reimburses IC for business expenses.

You may also determine Independent Contractor status by applying the “ABC test”

  1. That the worker is free from control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work, and in fact;
  2. That the worker performs work that is outside the usual course of the hiring entity’s business; and
  3. That the worker is customarily engaged in an independently established trade, occupation or business of the same nature as the work performed. 

Exempt, or Non-Exempt - In order to qualify as Exempt, employees in whitecollar exemptions (Professional, Administrative and Managerial/Executive) must be paid at least $960 as of 1/2019 on a “salary” per week  ($880 for small businesses 25 and under). Exceptions: Outside Sales and Computer Systems Analysts.

In addition to the salary threshold requirement, the exemption status for administrative, executive, professional, and in California computer professional employees depend on the level of an employee’s decision-making authority. All require the exercise of independent judgment and discretion: customarily and regularly; independent choice; free from immediate direction or supervision; with respect to matters of significance.

*Please seek TPO or legal guidance in determining classification status for contractor or exemption status.

Join us for the next California Employment Essentials (CEE) Training Series
Reinforce your HR objectives and EMPOWER your management team with critical employment law knowledge and essential leadership skills and strategies.
March 7, 14 & 23 9:00 am to 4:00 pm

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TPO's Straightforward Advice!

by Tonja Posey, IPMA-SCP, TPO - The HR Experts

Tonja Posey, IPMA-SCP, TPO Senior Consultant/Trainer presented this informative breakout session at TPO’s Annual Conference. Tonja gave straightforward advice on how to Assess, Analyze and Act explaining TPO’s Five-Step Problem Solving strategies.

Despite our best efforts, interpersonal conflicts and challenges are inevitable and don’t get resolved properly without a thoughtful approach. It takes skills and planning to control emotions and get to the right solution. Tonja shared valuable tips on how to evaluate and respond to the most common people/employee-related issues.

Is it two employees who just don’t like each other and can't get along? Is it more serious and requires structured "fact finding"? Should approaches like communication interventions, coaching, performance improvement plans, corrective action be considered? Does it warrant a formal "investigation"? What about inter-department focus groups? Does the "solve" ultimately mean termination? 

We broke this down into five steps:

  • Assess & Evaluate – What’s Really Going on?
  • Gather Facts – Who, What, Where & When?
  • Re-Evaluate – Review Step l & ll
  • Decide on a Plan – What is the Solve?
  • Implement & Follow-up - Maybe it isn’t over!
If you missed it at the TPO Conference, not to worry, we have scheduled another opportunity for you to attend!.  For more information or to register (Click Here) or, visit TPO's Pre-scheduled Training's (Click Here).

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A 2019 Overview and What Lies Ahead!

by Ryan Eddings, Esq., Littler Shareholder 

Like every year, 2019 brought many changes to the labor and employment laws in the agriculture sector. Once again, TPO included The Ag Employer session at the conference. Ryan Eddings, one of Littler’s leading attorneys’ and Ag employment law expert, provided a very informative session covering areas of wage and hour law, immigration, health safety and joint employer liability related to labor and employment laws governing agricultural employers.

New Sexual Harassment Training (SB 1343).  Requires that by January 1, 2020 all employers with 5 + employees are required to provide two hours of sexual harassment training to supervisors and one hour to non-supervisorial employees within six months of hire/promotion and every two years thereafter AND:

Beginning January 1, 2020, all employers must provide harassment training to seasonal and temporary employees, and any employee that is hired to work for less than six months within:

  1. 30 calendar days after the hire date, or
  2. Within 100 hours worked whichever occurs first.

TPO Note: Plan your CA required supervisor and employee Harassment, Discrimination & Retaliation Training for 2019. TPO provides “live” training to best address these very serious issues! Training is available in Spanish, at TPO’s Training Center in Monterey, and at the client’s location.

Wage and Hour

California’s minimum wage increased

Overtime - An updated version of Wage Order 14 has been issued. Effective January 1, 2019 overtime begins at 9.5 hours daily and 55 hours/week for those with 26 or more employees.

Wage order 14 - Overtime phase:

  • 2019: 9.5 hours (55 hours per week)
  • 2020: 9 hours (50 hours per week)
  • 2021: 8.5 hours (45 hours per week)
  • 2022: 8 hours (40 hours per week)

*Employers with 25 or fewer employees add 3 years to the listed dates.

Day of Rest. In Mendoza v. Nordstrom, Inc, the California Supreme Court ruled that the employees are entitled to one day of rest within the employer’s defined workweek, rather than one day in every seven days on a rolling basis.

The law allows a limited exception for employees who don’t exceed six hours of work on any day in the workweek.

Employees may voluntarily decide to work more than six days in seven, providing the employee is aware of their right to take a day of rest but makes a free and knowing waiver of that right.

California wage orders. For employees under multiple wage orders, it is possible to be covered by more than one Wage Order in a workday/workweek. If during a workday/workweek an employee is working under two orders (e.g. both order 13 and 14), the applicable order for overtime purposes would relate to the activity in which the person was engaged at the time the overtime was worked.

TPO Note: The DLSE looks to the Wage Order applicable at the time the work is completed.

Reminder - (AB 1513) Rest Breaks. Generally, employers must authorize and permit a net 10-minute paid rest period for every four hours worked or major fraction thereof

TPO Note: employees are entitled to a 10-minute rest break as follows:

Shifts (hours) Number of 10 Minute Breaks

0 - less than 3.5

3.5 - less than 6

6 - less than 10

10 - less than 14

0

1

2

3

 

Farm Labor Contractor (FLC)

AB 1897- farm labor contract requirements. An employer obtaining employees from a FLC for use “within the client employer’s usual course of business” shares with the FLC “all civil legal responsibility and civil liability for all workers supplied by that labor contractor” who are paid incorrectly or are not provided workers comp insurance.

Since the employer will be strictly liable for the FLC’s mistakes, it will be vitally important to

  • ensure that the FLC is following the law; and,
  • require the FLC to indemnify the employer against these types of claims

AB 1897- farm labor contract requirements. An employer obtaining employees from a FLC for use “within the client employer’s usual course of business” shares with the FLC “all civil legal responsibility and civil liability for all workers supplied by that labor contractor” who are paid incorrectly or are not provided workers comp insurance.

Since the employer will be strictly liable for the FLC’s mistakes, it will be vitally important to

  • ensure that the FLC is following the law; and,
  • require the FLC to indemnify the employer against these types of claims

Occupational Health and Safety Obligations

AB 2334 – THE “VOLKS RULE” A failure to record an injury or illness would be deemed a “continuing violation’ until discovered or corrected.

Electronic OSHA Forms - In January 2017, Fed-OSHA ordered all employers in states regulated by Fed-OSHA to complete annual electronic filings to better track injury and illness data. On April 30, 2018, the US DOL extended this requirement to all states.

The classes of business who must comply with the electronic reporting process include:

  1. Any business with at least 250 employees.
  2. Any business with 20 to 249 employees who falls into one of several classifications, including agriculture. Agriculture must report online in the federal system!

Heat Standards

As a reminder, California’s heat illness prevention regulations require employers with outdoor workers to take the following steps to prevent heat illness:

  • Establish a Heat-illness prevention program
  • Provide water
  • Provide shade
  • Train all employees and supervisors on heat illness prevention

Immigration (AB 450) Immigrant workers protection act - United States v. California, the court issued a preliminary injunction blocking parts of AB 450, however, the court let stand a provision of AB 450 that requires employers to notify employees of enforcement action.

AB 450 - US v. State of California

Provision enjoined

Provision still in effect

  • Prohibiting agent to enter nonpublic areas
  • Prohibiting agent to access records
  • Prohibiting employers from recerifying employment eligibility outside of manner of federal law
  • Pre-Inspection Notice to Employees
  • Post-Inspection Notice to Employees
*The DLSE prepared a sample notice in English and Spanish, which is available on the DLSE’s website.

 

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Introducing TPO's Bilingual/Bicultural Spanish HR Support TEAM!

TPO is now staffed with two highly qualified Bilingual/Bicultural Spanish consultant/trainers on an “as needed” basis for our clients and members with those particular requirements.

BILINGUAL/BICULTURAL SPANISH HR SUPPORT EXAMPLES:

  • Presenting Harassment, Discrimination & Retaliation Prevention TRAINING in Spanish. Remember there are new and expanded rules for training employees.
  • Translating and presenting other Spanish language Supervisor and/or Employee training and employee communications programs.
  • Ad hoc Workplace Investigations Interviews/Reporting.
  • Employee relations and problem-solving interventions.
  • Assistance with mentoring/advising on bilingual/bicultural HR topics and situations as needed.

Luisa Murcia, SHRM-SCP

Based in the Monterey Bay Region, Luisa is a human resource professional with over twelve years of proven results in managing human capital as well as benefits, recruiting, training, management transitions and labor relations. She has a proven ability to provide strong operational management for the human resources function while creating strategic programs to support the overall business plan of an organization. She holds a bachelor’s degree in Industrial and Systems Engineering and is certified as a Senior Professional in Human Resources (SHRM-SCP) from the Society for Human Resource Management. She has a rich background in human resources from working in diverse environments in states with complex human resources laws including California and Massachusetts and other countries including Mexico. She has experience working in multiple industries, including agriculture, manufacturing and construction for multinational companies. To read Luisa's full bio, click here.

Maria Arreguin

Based in the Santa Rosa,/Napa Valley Region, Maria is a focused and dedicated HR professional. With over 15 years of Human Resources experience, she brings a comprehensive record of success. in recruitment, benefits, investigations, employee relations, compliance audits, safety, training and development. Maria holds a Bachelor of Business Management degree, has her HR Certification from the SRJC, and is preparing to sit for her PHR-ca certification. She has been highly effective working in diverse environments and in facilitating positive employee relations, particularly with multi-cultural Spanish speaking employee populations. She has excellent presentation and engagement skills and is equally comfortable discussing employment regulations as well as communication, problem solving and leadership techniques with both employees and key managers. With experience in multiple industries, including agriculture, hospitality, manufacturing, gaming and health care. To read Maria's full bio, click here.

Welcome TPO Lead Consultant!

We are extremely pleased - after a very thorough HireRight Systems effort - to introduce Michaelle Stanford, M.A. as the newest member of TPO’s Team of HR Experts!

Michaelle Stanford, M.A.

Michaelle is a senior HR leader with 30+ years diverse and increasingly responsible experience in Organizational and Leadership Development strategies and programs, HR Policy Management and Administration and HR Operations.  Both a strategic and pragmatic leader, her achievements spread across private, non-profit and public sectors covering global high tech, financial and education companies in which she successfully deployed compliant HR policies and programs from hiring, onboarding, talent management and development, team effectiveness, engagement and retention.  Michaelle specializes in working with business leaders to assess the effectiveness of their operation and identify the right talent initiatives and improvements including leading HR teams in which she applies her experience in coaching managers to get the best out of their employees.  She is a strong strategic and holistic thinker respected in her unique ability to build and implement cost effective and scalable improvements with the goal of achieving the best possible outcomes for the business and their employee’s experience. To read Michaelle's full bio, click here.

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