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
Excelling as a First Time Manager or
Harassment and Discrimination
One of the proven strategies in an effective hiring process
is to “check” or verify the information on a candidate’s
resume and application for employment. This gives the
employer the opportunity to confirm that the candidate has
the education and experience they’ve listed or indicated
during the application process, and the skills necessary to
perform the essential duties of the job. It’s also critical
in evaluating the candidate’s consistency and thoroughness
in reporting their job-related background and core
Most employers also ask about an applicant’s “Criminal
Record” on the application, and use this information along
with the resume and application verification to form an
opinion of the candidate and assess their fit to the
position and organization. However, there has been recent
scrutiny surrounding the necessity and legality of using
Criminal Records/History when making hiring decisions. The
EEOC has investigated claims that the utilization of
Criminal History may be discriminatory and in violation of
Title VII as it may exclude candidates of protected classes
that otherwise wouldn’t be.
The EEOC has a written “Uniform Guidelines of Employee
Selection Procedures” which outlines or validates certain
hiring practices. These guidelines are not federal law or
regulation. However, when utilized effectively, these
guidelines may help protect employers and their hiring
practices from EEOC investigation and subsequent decision to
file charges. Allegations of discrimination in the use of
Criminal Records for employment decisions are on the rise.
The EEOC has been evaluating the practice of asking
applicants about and using Criminal History as a hiring
Employers using Criminal History as part of the
background check process, should demonstrate that criminal
record screening is job-related, relevant to performing the
essential job functions, and consistent with business
necessity. This can be demonstrated by showing the use of a
targeted screening of applicants including; the type and
severity of the offense, time since last offense, and nature
of the position, coupled with an individual assessment that
includes allowing the candidate the opportunity to explain
why they should not be excluded from consideration.
Employers should carefully review their current screening process
and employment application. Information regarding EEOC best
practice recommendations for Criminal Record Checks is
detailed in their publication: “Enforcement Guidance on the
Consideration of Arrest and Conviction Records in Employment
Decisions under Title VII.”
Article written by:
Chris Hawkins, SPHR
by the way, who has the time to start the whole hiring
process over again?)
hiring decisions often mean lost production time, money, and
a decrease in employee morale – all costly mistakes for any
employer. TPO CAN HELP!
We have developed and refined the hiring process to identify
the most qualified candidates and best match for a position
in the shortest amount of time. Our program is unique,
effective and affordable and provides the employer with a
system for future recruiting projects!
help you with any or all of the following critical
hiring steps with our
the position &
a job description &
training support to
the hiring team
an introduction and
applicants with a
Contact Chris Hawkins, TPO HireRight Specialist to chat
about how TPO can help
with your all of your recruitment
Kirsten Curry and Jeff Justi presented an informative
Breakfast Briefing on June 13, 2012. Be sure to register
for these programs to attend either live in Monterey or
via Webinar. Members attend free and non members pay
We asked them to provide the following recap the
important deadlines for those of you who couldn’t
The first deadline in a series of important government
regulations affecting company sponsored retirement plans
is quickly approaching.
July 1, 2012, plan sponsors will be required to obtain a
signed service agreement from the plan’s investment
Plan sponsors will also be
required to receive their ERISA 408b(2) notice from each
service provider to the plan by this date. Service
providers include all providers that are associated with
your plan including:
Failure to receive or execute a 408b(2) notice or a
service agreement by July 1, 2012 will trigger a
prohibited transaction and could disqualify your plan’s
tax status. If agreements are not in hand by this date,
the Department of Labor has gone so far as to require
that you must terminate your relationship with that
provider or advisor.
We understand these new requirements might be difficult
to understand and execute. If you require assistance,
please feel free to contact Kirsten or Jeff at the
Kirsten Curry, President
Rains Plan Group
2226 Eastlake Ave East, #88
Seattle, WA 98102
(206) 430-5084 (phone)
(800) 974-2814 (toll free)
(888) 796-5478 (fax)
Jeff Justi, AIF, CRPS
695 Campbell Technology Parkway, Ste. 250
Campbell, CA 95008
(408) 626-6029 office
(408 691-1115 Cell
Is It Time to Update your Employee Handbook?
things changed in your organization? Have people moved on?
Have policies changed? Employee Handbooks are a key
component of any sound employee relations program and play a
critical role in communicating essential information about
benefits, policies, and performance standards to all
employees. The benefits of having documented policies are
key to the promotion of fairness and consistency in which
employees are treated, and reduce the possibility of
arbitrariness and discrimination. The result is enhanced
employee morale, productivity and loyalty (along with more
favorable legal positioning).
TPO recommends that
Employee Handbooks be updated at least every 2 to 3 years to
provide business owners and managers with a comprehensive
and compliant guide in making sound employment decisions,
such as implementing corrective action, hiring, termination
and promotion. Having polices and standards documented and
up-to-date can be a real time-saver by eliminating the need
to ‘reinvent the wheel” as issues arise. Additionally,
policy and/or leadership change in organizations may result
in the need to update your handbook.
TPO can update your current handbook or create a new
handbook for your organization in a timely and
cost-effective way. TPO can also help you “announce” the
updated or new handbook to your employees by providing you
with helpful presentation notes, memos and facilitation. Do
you need any or part of your Employee Handbook translated
into Spanish? Give us a call to get your Employee Handbook
updated or created,
please contact us at 1.800.277.8448 or email@example.com.
The following bills are being
considered - some moving no further while others are moving
forward in the process and closer to becoming law.
Employment-related highlights include:
Use of Social Media (AB 1844) – If
enacted would prohibit an employer from requiring an
employee or prospective employee to disclose a user name
or account password to access a personal social media
account that is exclusively used by the employee or
prospective employee. Bill Status: Passed to Senate.
CFRA Expansion (AB 2039) – If enacted would
expand the type of individuals or circumstances under
which employees can take a 12-week, protected leave of
absence under California’s Family Rights Act (CFRA)
beyond that of the federal law to include taking leave
to care for an adult child, parent-in-law, grandparent,
sibling or grandchild, or domestic partner. Bill
Status: Passed to Senate.
Agricultural Employees (AB 1313) – If enacted
would remove the existing overtime exemption allowed for
agricultural employers. Bill Status: Passed to
Expanded Protection for Family Care Givers (AB 1999) —
If enacted would expand the CA Department of Fair
Employment and Housing to include a protected
classification for employees who are, who will be, or who
are perceived as a family caregiver. Bill Status:
Unemployment Status Discrimination (AB 1450) —
If enacted would make it unlawful for an employer
to consider an individual's status as unemployed in the
hiring process. Bill Status: Assembly Floor.
Expanded Protected Classification for
Discrimination/Harassment (AB 1740) — If
enacted would expand the CA Department of Fair
Employment and Housing to include a protected
classification for employees who are victims of domestic
violence, sexual assault, or stalking. Bill Status:
Overtime Change to over 10-hour days (SB 1114) —
If enacted, would eliminate CA’s over 8 overtime
requirement and instead establish overtime as hours
worked in excess of 10 hours in one workday. Bill
Status: failed passage in committee.
Alternative Workweek for Small Employers (SB 1115) —
If enacted employers with 10 or fewer employees
could implement an alternative workweek schedule at the
request of individual employees rather than the
complicated “secret ballot” process currently in place.
Bill Status: failed passage in committee.
Pending HR Legislation
The Password Protection Act (H.R. 5684 and S. 3074) –
if enacted would ban employers from requesting
individuals’ usernames, passwords, or any other means of
accessing their social networking sites and from taking
adverse action against job applicants and employees who
refuse to provide such information.
Rebuild America Act (S. 2252) – if enacted
this would encompass many employment-related issues into
one piece of legislation, including among other things:
limiting the use of independent contractor safe harbor,
allowing independent contractors access to NLRB
protections, and increasing FLSA salary threshold for
white collar exemptions to $54,340.
Employment Non-Discrimination Act (H.R. 1397) –
if enacted would prohibit employment
discrimination on the basis of sexual orientation or
Fair Employment Act (H.R. 1113) – if enacted
would prohibit discrimination on the basis of
Family and Medical Leave Enhancement Act (H.R. 1440) –
If enacted would expand FMLA to allow
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.
Working Families Flexibility Act (H.R. 4106, S. 2142) –
if enacted would provide employees with a statutory
right to request flexible work terms and conditions.
Family and Medical Leave Inclusion Act (H.R. 2364, S.
1283) – If enacted 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.
Secure America through Verification and Enforcement
(SAVE) Act (H.R. 2000) – Among other
provisions, if enacted 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.
Accountability Through Electronic Verification Act (S.
1196) - Like the above House version (H.R.
2000), if enacted 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
Article written by:
Melissa Irwin, SPHR-CA
Asked and we Listened!
Our Popular "Excelling as a First Time Manager or
Supervisor" is now available fully in
NOT ALL OF US ARE NATURAL
COME LEARN HOW TO LEAD LIKE THE PROS!
As a newly promoted manager,
supervisor or leader, you face a wide variety of new
challenges. In addition to accomplishing your own projects,
you are now expected to build and motivate a team to meet
department and company goals.
3-hour program, we will explore practical techniques, tips
and solutions you will need for success in your first
Participants will learn about:
The key roles and functions
of a manager
The importance of effective communication in a management
How to exhibit leadership so
others will follow, and
Identifying stages of team
development while recognizing where your team is now
TRAINING OR FOR MORE INFORMATION, CONTACT TPO:
800.277.8448 • TPO@TPOHR.COM
Rates of Pay"
...determining overtime using a weighted average!
Yes, you can pay non-exempt employees two different rates of
pay for two separate jobs; however, all hours worked must be
counted toward the overtime threshold for your particular
overtime is due, you have to figure out the "weighted
average" for compensation of all hours worked to know the
specific premium rate to pay during overtime. Following is
An employee normally earns $10 per hour and performs a
completely separate job (job 2) at $8.75 per hour. In one
week, the employee works 40 hours in the regular job and 10
hours in the 2nd job.
$10/hour x 40 hours = $400
$8.75/hour x 10 hours = $87.50
$87.50 = $487.50 (total weekly compensation before
overtime premiums are added in)
$487.50 divided by 50 hours (total hours worked) = $9.75
(“regular rate of pay”)
divided by 2 = $4.88 (overtime premium for
employee is performing job 2 while time-and-one-half is
due, he/she would receive $13.63 per hour. This is the
$8.75 rate plus the $4.88 overtime premium; or
employee is performing his/her regular duties while
time-and-one-half is due, he/she would receive $14.88
per hour. This is the $10 rate he/she normally earns,
plus the $4.88 overtime premium.
would like to discuss this issue further, please give your
Representative a call!
Article written by:
Melissa Irwin, SPHR-CA
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