CA Employment Essentials
A training series focusing on the
regulatory compliance and
- the information & skills supervisors & managers need to
keep themselves and the organization out of hot water!
A training series focusing on
skills to help
develop or refine
Harassment and Discrimination
External HR Support Briefing
Join us for breakfast
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.
6, 2011 marks TPO’s 20th year serving the HR needs of our
incredible clients and members! Looking back, we feel a
combination of pride and gratitude for our sustainability
and countless opportunities to impact the well-being of our
client’s operations and the people within them. It is
through the confidence you place in us, and the professional
commitment and contributions of our current and past staff
that we are able to mark this significant milestone.
A special thanks to
Melissa Irwin, who has been a powerful force in TPO’s
success for 17 of our 20 years! And we absolutely could not
be where we are without the unbelievable skills and support
Blanca Corcoles and
LaTonya Olivier and the rest of our team! We look
forward to many more years of providing much needed HR
consulting support, training and licensed investigations.
Again, thank you for the opportunity to be of service!
unique service to employers since 1991 by helping solve
regarding the thousands of state and federal
Frustration with personality conflict and employee
that managers are not properly trained on laws and
in running an effective, strategically aligned
expert HR help that won’t cost an arm and a leg.
Article written by:
Jill Russell, SPHR
and Littler will guide you through an informative day,
balancing both Legal and Leadership Best Practices to
prepare you for 2012!
2012 Employment Law & Leadership Conference
Click here for early bird registration!
A PREMIER CONFERENCE FOR BUSINESS OWNERS, MANAGERS, HR, RISK
MANAGEMENT AND LEGAL COUNSEL IN PUBLIC, PRIVATE AND
The CA Legislature has until
September 9 to pass bills to the Governor, who in turn has
until October 9th for his final signing into law or veto.
Since TPO’s last report, the status of important
employment-related bills is as follows:
Law by Governor Jerry Brown
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. If you wish to put
a policy regarding this new leave into your
handbook, contact your TPO representative.
Vetoed by the
Bereavement Leave (AB 325)
If passed would require
employers to provide an employee with up to four days of
unpaid bereavement leave upon the death of a spouse,
child, parent, sibling, grandparent, grandchild, or
domestic partner. Bill Status: Pending in Senate.
Cards (AB 51) —
If passed would put
restrictions on the use of payroll cards. Bill
Status: Pending in Assembly.
Checks (AB 22) —
If passed would limit
employers’ ability to use consumer credit reports to
only where the information contained in the report is
“substantially job-related,” which is narrowly defined
by the bill to only 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. Bill Status: Pending in Senate.
Marijuana (SB 129) —
Would have prevented
employers from firing, or refusing to hire workers who
use medical marijuana, as long as they are not impaired
on the job. Pre-employment drug testing would have
required exceptions for employees who have a
prescription for medical marijuana. Termination of any
employee who uses marijuana at the workplace, during
working hours, or who is impaired during working hours
would have been allowed. Bill Status: Failed
Pending HR Legislation
Family and Medical Leave Inclusion Act (H.R. 2364, S.
1283) - Would expand the Family and Medical
Leave Act (FMLA) coverage to a same-sex spouse, domestic
partner, grandparent, grandchild, parent-in-law, son- or
daughter-in-law, child of a domestic partner, or adult
child or sibling who has a serious health condition.
Accountability Through Electronic Verification Act (S.
Like the House employment immigration bill (H.R.
2000), the Senate version would require all employers to
use the E-Verify electronic employment verification
system, increase employer penalties for violations of
immigration law, and eliminate the current Form I-9
The Healthy Families Act (H.R.
1876, S. 984) – Would allow employees to earn
one hour of paid sick time for every 30 hours worked, up
to a maximum of 56 hours (seven days) annually.
Paycheck Fairness Act (H.R. 1519, S. 797)
Fair Pay Act (H.R. 1493, S. 788) -
Would amend the
Fair Labor Standards Act (FLSA) to promote pay equity.
Family and Medical Leave Enhancement Act (H.R. 1440) –
Would expand FMLA to allow both private and federal
employees to take parental involvement leave to
participate in or attend their children's and
grandchildren's educational and extracurricular
activities, and to clarify that leave may be taken for
routine family medical needs and to assist elderly
relatives, and for other purposes.
Payroll Fraud Prevention Act (S. 770) –
Would impose new reporting
requirements on employers, increase penalties for
classification violations, and establish new protections
for workers who believe they have been misclassified as
Secure America through Verification and Enforcement
(SAVE) Act (H.R. 2000) –
Among other provisions,
would create a four-year phase-in period during which
all employers would eventually be required to use
E-Verify to check the employment eligibility of their
potential and current hires.
Article written by:
Melissa Irwin, SPHR-CA
FREE TO TPO
MEMBERS* JUST $35 FOR NON- MEMBERS!
MONTEREY OR VIA THE WEB!
PERFORMANCE MANAGEMENT SIMPLIFIED (presented by TPO)
Take Now to Keep Employees on Track!
August 25, 2011, 8:30 –
ORGANIZATIONS PLAY – Refresh Your Workplace with FUN
Learning Tools (presented by TPO)
control of the impact you have on workplace morale and
September 8, 2011, 8:30 –
MOTIVATING EMPLOYEES WITH TOTAL REWARDS THINKING– It’s Not
All About Pay! (presented by TPO)
Cutting Options to Consider in Today’s Economy!
October 27, 2011, 8:30 –
Location for all
briefings: TPO’s Professional Development Center, 60
Garden Court, Monterey.
Can't Join us
are also available via Webinar!**
Cost: *One Free seat for Members, $35
**Games Organizations Play is
currently not available via Webinar.
Click here for more information and to register!
“Planning a Holiday Week
Closure This Year?”
… decisions need to be made now for a smooth closure.
HOLIDAY CLOSURES: We know the warm sun is
shining bright; however, the holidays are just over 3 months
away and if your organization is deciding (or has decided)
to close during the holidays; make sure you are in
compliance with CA wage and hour requirements that
90 days notice! This
year Christmas is on Sunday December 25 and New Year’s is on
Sunday January 1st, which means that for many employers, the
closure would bridge an entire “workweek”.
Non-Exempt Positions: Need only be paid for
actual hours worked. If the organization chooses to
close for days/weeks, the employee can be required to
use accrued but unused vacation/PTO; similarly, an
employer can deny an employee’s request to use accrued
but unused vacation/PTO during the holiday closure (an
approach those who are in a cash-flow crunch might
choose), however, carefully consider the
employee-relations impact of such actions especially
during the holiday season when money is also frequently
tight for your employees.
Salaried, Exempt Positions: Remember, employees
in such positions are paid for any workweek in which
they perform any work, subject to full or partial day
deductions from vacation/PTO for their own personal
reasons, in accordance with company policy. Therefore,
if the organization is closing for 3 days of the
workweek and the employee worked 2 days in the workweek,
s/he must be paid for the full week. Salaried, exempt
employees who do not work any of the workweek do not
need to be paid for that workweek; which can apply this
calendar year if your workweek coincides between the
holidays. In order to require a salaried, exempt
employee to use vacation/PTO during a
full-workweek closure; such requirement must be
communicated in writing at least
90 days in advance.
General to Both:
Remember that an employee who answers a company cell phone
or logs into the company email system for messages, etc. is
doing work for the company’s benefit and has put in hours of
work. You may want to make certain employees understand they
are not to work even remotely during the week if you do not
want to end up paying for time actually worked. When making
these decisions, look at your employee handbook and
past practices to guide your future decisions, and
TPO Annual Membership benefits to give TPO a call for
Article written by:
Melissa Irwin, SPHR-CA
A.W. Shucks -
rava ranch -
big sur river inn
pediatric group, inc. -
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!
"South Valley Internet (SVI) has been a TPO member for
9 years. How do you feel TPO contributes to your company’s
Elise Brentnall-Alexander,Vice President/Chief Operations
been long term partners and members of TPO for several key
reasons. I can completely rely on their integrity,
professionalism, HR knowledge and business expertise. No
matter which consultant provides us with support, we receive
consistently reliable and direct advice. No long and
involved lectures on this law and that. Just cut to the
chase so I can get on with the business of our business. TPO
enables us to take care of complicated employee relations
and compliance issues correctly so we can focus on being
successful and staying on the leading edge of our fast-
paced technology industry. They are the experts so we don’t
have to be.”
South Valley Internet
SVI is headquartered in San
Martin, California and delivers powerful voice and data
solutions to businesses as well as data solutions to the
home nationwide. SVI offers a wide array of broadband
communications products and services from hosted
applications and professional services to broadband access,
capacity and network management. Our solutions are
customized to meet the customer's needs today, and scale as
their business grows. Companies coast to coast rely on SVI
to gain and maintain their competitive edge. By delivering
superior productivity tools and support SVI ensures an
excellent customer experience.
Call today for your free audit
800-899-4125 or visit us at
The Northern CA Human Resource
Association (NCHRA) provides training opportunities for HR
professionals. TPO has facilitated many of their programs
with the following upcoming opportunities:
SPHR/PHR Certification Test
Preparation Course (Gilroy) 12-week course beginning 8/17
6-9 PM Cost $1040 non NCHRA members
Seminar -- 9/29/2011 9 AM – 3:30
Key Elements of a Successful HR Strategy Cost $329 non NCHRA members
Successful organizations spend time and money developing
organizational depth and "bench strength," guided by a
strategic agenda. Business professionals intimately involved
with people initiatives are poised to achieve company goals
in this area. Discover how to best leverage your unique
position to inform and support the strategic goals of your
Seminar -- 11/16/2011 9 AM –
Motivating and Retaining Employees: What They Really
Want Cost $329 non NCHRA members
It has become more challenging to ensure your employees are
satisfied in their positions. Are they motivated to do the
best job they can for your organization? Are they being
honest about their needs in the workplace?
If you find yourself taking stabs in the dark to develop
employee recognition and retention programs, this course is
California Certification Test
Preparation Course (Monterey – TPO Offices) 2-day course
12/2/2011-12/3/2011 8:30 AM – 4:30 PM Cost $625 non NCHRA
Seminar – 12/13/2011 9 AM - 3:30
Working Across Generations: We're Not So Different Cost
$329 non NCHRA members
Take an amusing, yet enlightening look at the differences
and similarities of today's workforce, and gain a better
understanding of what each generation needs from their
leaders. Specifically, you'll learn to:
Identify and work within different values and
Explain and live by "The Platinum Rule"
your communication messages appropriately
have a few employees who have worked here for more than ten
years. They frequently max out their vacation accrual and
now our management team is thinking about paying out some of
their accrued vacation. Can we do this?
you can cash out either accrued, unused vacation time, or
PTO. Before doing so, however, it’s wise to take a moment to
ask yourselves a couple of questions:
Why do these employees
have so much time accrued and unused?
Is it time to develop a
more practical vacation/PTO policy?
What are the pro’s and
con’s of not taking time off?
What will be the actual
effect on the company’s bottom line?
First the facts
An employer can pay an
employee for their accrued vacation/PTO time as
requested by the employee, or perhaps on a scheduled
basis – at the end of the calendar or fiscal year, for
example. Because an employer can for the most part
determine the rules regarding their vacation/PTO
benefit, the employer can even require a
pay out instead of carrying it over from one year to the
All accrued, unused
vacation appears as a liability on the company’s balance
sheet. Your CFO will need to be an integral part of your
decision to pay out any vacation/PTO balances. S/he will
know the best revenue generating and/or cash flow
quarters of the year. And, quite frankly, that can be
the most important factor in making your decision.
Now some additional
Is your accrual schedule
based on tenure and/or position within the company too
generous? Should it be amended to be more practical? How
many employees would be affected? If it is literally
only one or two employees, perhaps a portion of their
accrual can be paid out at the time the policy is
If you decide to update
your time off policies, keep in mind the demographics of
your work force and what they value most.
For example, employees of Gen X or Y may well value the
time off more than the cash. Baby Boomers may well
prefer the cash than the time. Additionally, some
industries more commonly have cash-out policies such as
hospitality and agriculture. In other words, adjust your
policy to get the best bang for the buck.
Some employers like it
when employees hit their accrual maximum because they
won’t need to accrue any more time (e.g., liability) on
If the policy is not
amended and your employees continue to accrue time off
faster than they can realistically use it, they may
appreciate the opportunity to periodically receive cash
in lieu of the time off. This can be a morale builder if
they know they aren’t losing out on a valuable benefit.
How much time will you
let, or require them, to cash out? Keep in mind that
employees who claim they don’t have time to take
vacation because they are too busy are the first ones to
suffer burn out. Taking that idea further, burn out can
lead to problems in for form of mistakes, irritability,
stress, and turnover. Some employers allow only a
portion of the total accrual to be paid out; keeping a
balance of approximately one week to be used at it was
intended – for relaxing and rejuvenation.
A well thought out decision will create a more motivated –
and more productive – work force.
Interested in creating a
policy in your
allowing employees to cash-out time, give your TPO
Representative a call!
Article written by:
Kathrine Parsons, SPHR
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