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.
The Region's Premier Employer Conference!
our TPO/Littler 9th Annual Employment Law & Leadership
conference on January 30, 2013. Littler will update you on
new employment laws for 2013 providing increased protections
for employees, more employer obligations, and greater
penalties you need to know about, including:
Breastfeeding or medical
conditions related to breastfeeding
"Religious dress practice"
and "religious grooming practice"
Strengthened standards and
increased penalties regarding wage statements
Amended Written commission
Increased fines and
misdemeanor status for non payment of all wages due
Amendments to CA’s False
Increased exemptions in
the wage garnishment law
Changes to many statutes
replacing "mental retardation" with "intellectual
The California Secure
Choice Retirement Savings Trust Act, a law which creates
the California Secure Choice Retirement Savings.
Changes in existing law
for driving a motor vehicle while using an electronic
wireless communications device
New FCRA Summary of Rights
Newly signed Password
www.tpohr.com/event for more information and to
CARD (With a Littler Attorney)
PLUS...FOUR TIMELY AFTERNOON SESSIONS!
A PREMIER CONFERENCE FOR BUSINESS OWNERS, MANAGERS, HR, RISK
MANAGEMENT AND LEGAL COUNSEL IN PUBLIC, PRIVATE AND
as part of their Annual Membership!
on number of authorized representatives)
for participants above the number of your authorized
Click here for early bird registration!
questions asked by TPO clients, Paid Family Leave is a very
misunderstood benefit – caused primarily by its misleading
name! Think about it this way:
Money, not Time.
To help employees understand
this, I suggest referring to it as “PFL
insurance is a (partial)
wage replacement benefit administered by the California EDD,
and it applies to all California employers with 1 or more
employees. It’s technically part of the SDI Program, and
that’s why in 2004 the SDI deduction from pay checks was
increased. That increase is funding the PFL
That’s also why an employee goes to the EDD to apply for PFL
insurance benefits. The
following are some of the most common questions that come
What is the purpose of PFL
There are times when a
working parent to wants to bond with a new baby or care
for a seriously ill parent, child, spouse, or registered
domestic partner. This includes bonding time after a
Pregnancy Disability Leave. Paid Family Leave
are a partial wage replacement when an employee needs to
take an approved leave of absence for these reasons. PFL
are NOT for an employee’s loss of wages due to their own
serious health condition.
Who is eligible for PFL
Employees are covered
under this program from their first day of employment.
Must be covered by SDI (or
a voluntary plan) and have earned at least $300 in your
base period from which deductions were withheld.
Must complete EDD claim
forms and submit to EDD no earlier than 9 days, but no
later than 49 days after the first day the family leave
Must supply medical
information to EDD that supports the claim that the
person being cared for has a serious health condition
and requires the employee’s care.
Must provide documentation
to EDD to support a claim for bonding with a new
biological, adopted, or foster child.
Must use up to two weeks
of accrued, unused vacation or PTO IF required by the
employer – prior to receiving benefits.
Who is NOT eligible for PFL
include those who:
Already receive SDI
benefits or Workers’ Compensation benefits
Are not working, or
looking for work, at the time the family leave begins
Are not suffering a loss
Do not provide
documentation to EDD from a treating physician of the
need for care (for whom the employee is providing care)
Is in custody due to the
conviction of a crime
Is there a waiting period
before the benefits begin?
There is a seven day
waiting period before benefits begin for each different
person who requires care within a 12-month period. The
exception is when the mother is taking PFL to bond with
her newborn child; in that situation, as soon as she is
off SDI, PFL will begin with no waiting period.
How much is the PFL
insurance benefit, and how long does it last?
Benefits are based on the
employee’s past earnings in the highest quarter of the
base period. It provides benefits of approximately 55%
of lost wages, and range from $50 to $987. An employee
must earn $23,305.46 in a calendar quarter during the
base period in order to receive the maximum benefit of
$987. Benefits can continue for up to 6 weeks in a
Are the PFL insurance
benefits that an employee receives taxable?
Can PFL insurance benefits
be “coordinated” with vacation, sick and/or PTO?
Yes. These benefits can be
“coordinated” with vacation, sick time, or PTO. Remember
the employer can require the use of two weeks of
vacation/PTO before benefits begin. One of the weeks can
be used during the 7 day waiting period. The employer
can also require the use of other accrued, unused paid
time to supplement PFL insurance benefits. In that case,
most employers will want to make sure the employee does
not receive a combined amount of more than 100% of their
regular gross earnings.
If you have additional
questions about PFL insurance, call your TPO consultant.
We’ll happy to help!
*Source: DE2511 Rev 6(8-09)
insurance pamphlets are part of
TPO’s HR Administration Kit.
Article written by:
Kathrine Parsons, SPHR-CA
Governor Jerry Brown passed
568 bills into law. Those that most impact HR and Employment
Religions Dress and Grooming (AB 1964) –
Adds "religious dress
practice" and "religious grooming practice" as a belief
or observance to existing protections against religious
discrimination in the FEHA. The new law requires
“reasonable accommodation” which can include “the
wearing or carrying of religious clothing, head or face
coverings, jewelry, artifacts, and any other item that
is part of the observance by an individual of his or her
religious creed." “Religious grooming practice" can be
broadly construed "to include all forms of head, facial,
and body hair that are part of the observance by an
individual of his or her religious creed."
Media (AB 1844) –
Prohibits an employer from
requiring or requesting an employee or applicant for
employment to disclose a username or password for the
purpose of accessing personal social media, to access
personal social media in the presence of the employer,
or to divulge any personal social media. This bill would
also prohibit an employer from discharging,
disciplining, threatening to discharge or discipline, or
otherwise retaliating against an employee or applicant
for not complying with a request or demand by the
employer that violates these provisions.
Breastfeeding (AB 2386) –
Amends The Fair Employment
and Housing Act’s (FEHA) term "sex" to also include
“breastfeeding or medical conditions related to
Commission Agreements (AB 2675) –
Per a law passed last
year, Written Commission Agreements are required by
1/1/13. This law clarifies that “commission” does not
include: short-term productivity bonuses such as are
paid to retail clerks, temporary variable incentive
payments that increase but do not decrease payment under
the written contract, and bonus and profit-sharing
plans, unless there has been an offer by the employer to
pay a fixed percentage of sales or profits as
compensation for work to be performed.
Personnel File Inspection (AB 2674) –
requirements to include, among other provisions: 1) must
now provide a copy of the contents of file if asked, 2)
must now provide a form for employees to request to
review/copy, 3) the employer can "redact" (remove,
blacken-out, etc.) names of non-supervisory employees
from the files, 4) former employees have the same rights
as current employees, 5) if terminated for violation of
law, workplace harassment or violence in the workplace,
can meet at other location or can mail, and 6).
employers have 30 days to provide the copy and/or
Retirement Plan (SB 1234) –
Requires all private
non-unionized employers who do not offer a retirement
benefit to enroll their employees in a
government-created defined benefits retirement plan,
“the California Secure Choice Retirement Savings
Program”. Employees may opt out of the program.
Workers’ Comp. Reform (SB 863) –
Implements a variety of
reform to potentially lowers costs for employers,
including implementing an independent medical review
system and streamlining the permanent disability
Garnishment (AB 1775) –
Increases the amount of
wages exempt from garnishment from the federal standard
(the lesser of 25% of an individual's weekly disposable
earnings or the amount by which the individual's
disposable earnings for the week exceed 30 times the
federal minimum hourly wage) to a new higher California
standard (the lesser of 25% of an individual's weekly
disposable earnings or the amount by which the
individual's disposable earnings for the week exceed 40
times the California minimum hourly wage).
Article written by:
Melissa Irwin, SPHR-CA
Determine Pay without a Timecard
...use your best guess!
complaint from managers:
“If an employee doesn’t
turn in their timecard, they shouldn’t get paid!”
Labor Commissioner disagrees!
If an employee does not turn in the timecard, CA employers
are obligated to pay the employee based on the best guess
(which sometimes feels like using a crystal ball). The
spirit of the regulation is that the manager knows what the
employee is working (or should know) since s/he is
supervising the work.
If you find that the payment was not accurate, then a
payroll adjustment can be done when the real numbers are
This issue, though, is really more about performance
expectations. Coach the employee to better know the reasons
for timecards. Coach the manager to better monitor their
staff. In both situations, if the matter is not resolved, it
may become a performance factor leading to disciplinary
action, even separation of employment. Managers should know
that their own performance is in part determined by how well
they ensure employees follow work rules.
Article written by:
Melissa Irwin, SPHR-CA
service company, inc. - Salinas
group, inc. - Salinas
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!
has it that the terms of a sales person’s commissions can no
longer be agreed upon by a handshake. Fact or fiction?
is that a new law in California, effective January 1, 2013,
requires commission agreements to be in writing. Why should
you care? The new law will apply to all employers,
regardless of size, industry, product or service who pays
commission wages/earnings to any employee as part or all of
the employee’s general compensation/earnings plan. The new
law applies to CA employers and their employers located
inside and outside California.
The requirements don’t end at putting the agreement in
writing. The law requires that the written agreement also
define the method by which commissions are earned and
computed, and how and when they are paid. Include all
details of advances, splits, returns/refunds, separation of
employment, and similar terms of the agreement.
Labor Code section 2751 defines commission as: “compensation
paid to any person for services rendered in the sale of such
employer’s property or services and based proportionately
upon the amount or value thereof.” For purposes of this law,
the term "commissions" does not include short-term
productivity bonuses, discretionary bonuses, or other bonus
and profit-sharing plans which may be paid quarterly or
annually, providing that the bonus plan is not based on “a
fixed percentage of sales or profits as compensation for
work to be performed.”
“Commissions” must be paid at least once a month. It’s more
complicated if you offer a draw. In California, employers
who choose to offer a draw must pay these sums at least
twice a month, similar to “wages”.
Contact us for support
regarding your required written commission agreements at
800.277.8448 or log on to
www.tpohr.com for further information about our
Article written by:
Chris Hawkins, SPHR
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