Insurance Premiums –
Pregnancy Disability Leave – 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.
TPO’s PDL Employee Handbook policies and PDL letters have been revised.
If your policy is for less than 4 months of insurance continuation, your
Handbook needs to be updated. In the meantime,
to request a FREE sample memo that can be used NOW as an addendum to
your Employee Handbook until your revised Employee Handbook is complete.
Organ and Bone Marrow
Leave Clarification — Previous law went into effect 2011,
providing that these leaves are PAID by employers with more than 15
employees for up to 30 and 5 days, respectively.
SB 272 provides clarity: 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
“Gender Expression” –
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
Notable Court Cases
Arbitration continues to be closely scrutinized, with
current cases showing they are enforceable when
Class Action Lawsuits –
It appears that the US Supreme Court is not in favor of
large class action lawsuits, though CA courts may still
Salary, Non-Exempt Agreements –
CA now is in line with Federal courts and allows for a
salaried, non- exempt agreement that includes the hourly
rate as well as a set amount of overtime.
The employee would still need to track all time
actually worked to make sure that the salary covered
the agreed upon amount of work; also, if the
employee works more than the overtime in the
agreement, s/he would need to be paid the additional
overtime in addition to the salary.
Additional Leave May be a Reasonable
As a leave approaches the end of the legally allowed
time, engage in an interactive process to determine how
much more time off is requested and then determine if
you can reasonably accommodate the request.
Setting Priorities Provides Clarity for Us ALL
LaTonya Olivier, SPHR-CA, TPO Sr. Consultant focused on the
strategic process of first identifying the employer’s most
important goals and priorities, so that information can then
be aligned with department/team/individual goals and
priorities. The result: a focus on top priorities to get
critical things accomplished!
Determine Top Organization Goals (TOGs): Mission,
Vision and Values based.
Department/Team/Individual Goals to the TOGs: a
individuals to meet their goals: help them see how they
fit into the picture!
plan to achieve the goals: ensure ownership, status
reports and accountability!
“Land one plane at a time!”
EMPLOYMENT LAW & HR
ROUNDTABLE – Getting the Specific Answers You Need!
(by Littler & TPO)
Marlene Muraco, Esq., Sr. Littler Partner and Melissa Irwin,
SPHR-CA, TPO Sr. Consultant took “real-time” questions from
the audience and then commented from both HR-legal and
HR-leadership perspectives to give answers and advice. The
sessions were dynamic with a few of the most popular topics
Breaks and Meals:
An in depth review of the current status
and employers’ risk-management options.
Leave: Clarifying the new
health insurance premium continuation requirement.
new Wage Notification:
Providing as much information as was currently
Drug Testing in CA:
Discussing the pros/cons.
Non-Exempt: Explaining the 5 ways to be exempt and
why employers should care.
Contractors: Providing resource sources for
employers to make a determination.
ACCOMPLISHING MORE WITH
LESS – 5 Productivity Principals for the Digital Age
(by Pierre Khawand)
Productivity expert Pierre Khawand, founder of
demonstrated breakthrough concepts and techniques that can
help you and your team overcome the challenges of
information overload, and work efficiently together to
achieve the desired results. Participants learned how to a)
manage focused and collaborative time b) take control of
e-mail c) use collaboration technology more effectively, and
d) accomplish more together!
to use when?
HEALTH CARE REFORM –
and Managing the High Cost of Employee Benefits!
(by Tony Bruscia)
Tony Bruscia, provided a straight-forward, authoritative
session about the complexities of Healthcare Reform (HCR),
plus critical tips for reducing runaway costs and motivating
your employees to make better healthcare decisions. While
the legalities of HCR are argued in various courts,
including the Supreme Court, employers must still know the
Critical Path Timeline of action items to help you stay
ahead of the compliance curve:
What you need to know now:
Grandfather Plan Status
Annual Lifetime Limits
Early Retiree Reinsurance
OTC Medicines and Medical
Small Business Tax Credit
Medical Loss Ratio Limits
2012 and beyond: FSA
Contributions limits; New Taxes; 90 day max new hire wait;
Health insurance exchanges open; Small employer tax credits;
“Pay or Play”; Guarantee issue with no preexisting
conditions; “Cadillac” tax and more!