Health experts and the public want employers to help pay for health insurance. Read the following article on employers paying for employee health benefits.

Continue Reading Story Here.

Labels: Benefits, Employees, Employers

Anyone who deals with payroll has probably gotten a headache or two trying to understand out how bonuses figure into overtime calculations.

Under both state and federal law, non-discretionary bonuses must be included in an employee's "regular rate of pay" in order to calculate overtime pay. Unfortunately, differences between federal regulations and California law have long made determining the regular rate a confusing process. A recent California appeals court decision provides some guidance for employers—well, sort of.

In Marin v. Costco Wholesale Corp, employees brought a class action lawsuit alleging that Costco's method for including bonuses in overtime calculations violated California law. Costco rewarded its long-term employees with semi-annual bonuses, provided that the employee remained in Costco's employment at bonus time and had worked at least 1,000 hours in the six months preceding the bonus cutoff date. Because the bonuses were paid semi-annually, the overtime calculation pay-rate had to be done retroactively when the bonuses were paid, as required by state and federal law, rather than for each employee's weekly paycheck.

Continue reading story here.

Labels: California, law, Payroll

President Barack Obama will soon be able to fulfill a campaign promise by signing a pay discrimination bill into law that was passed by the House on Tuesday, January 27, in a 250-177 vote.

The measure, known as the Lilly Ledbetter Fair Pay Act, would make it easier for workers to sue for pay inequities.

The House acted on a bill the Senate approved January 22. The House originally passed the measure as part of a larger pay discrimination package January 9. But the Senate acted only on the Ledbetter portion, which necessitated another House vote.

Obama and first lady Michelle Obama made the Ledbetter bill a centerpiece of campaign events designed to highlight women’s issues.

Under the legislation, each paycheck that has been diminished by discrimination is a separate violation of civil rights law. The statute of limitations for filing a suit would run 180 days from each paycheck. A worker could recover two years of back pay.

Opponents argue that the bill eviscerates the statute of limitations, potentially subjecting businesses to lawsuits over pay decisions that date back decades at a time when they are trying to cope with the recession.

Supporters say that the bill overturns a 2007 Supreme Court decision. Ledbetter, a former supervisor at a Goodyear Tire & Rubber plant in Alabama, sued the company for paying her less than her male counterparts for 20 years.

Continue reading this story here
Written by Workforce Management writer —Mark Schoeff Jr.

Labels: Employers, Human Resource, law, Politics, President, rules, Washington

Here are some important dates for Human Resources. Keep these in mind as they will soon pass.

• FMLA Final Regulations, effective 1/16/09
• Furnish W-2 to Employees and Former Employees, no later than 1/31/09
• Post OSHA 300-A, beginning 2/1/09
• Revised Form I-9: Employers must start using on 2/2/09
• Federal Contractors Must E-Verify, postponed to 2/20/09
• GINA: Title I of the Genetic Information Nondiscrimination Act (GINA), which applies to group health plans, effective 5/21/09, except for calendar-year plans.

Brought to you by SHRM

Labels: Administrator, Employers, FMLA, Human Resource, law, regulations

As an HR Specialist here at ESG republic, I find many business owners have many challenges that they face daily. Items such as layoffs, alternative work schedules, and decreases in pay, hours and benefits. Not to mention several talks of amending policies for mileage reimbursement, severance and bonus structures. Employers are in a constant struggle on how to save money but also struggling to keep their most important asset: people.

Business owners need to take a look at the bigger picture. 2009 is about looking where you want to be, not only this year but the following year and beyond. It’s about finding new ways to manage your employees and thinking of new strategies. Yes, that may mean investing more time and money in your key talent employees but think of it as an investment to the upcoming success of your business. If the problem is about saving money, then communicate to your employees the challenges and make it a team effort to cut costs. Have employees think of ideas, big or small, on ways to save money. You will be amazed by the ideas your employees come up with. This year is about a different strategy in managing people and being creative in the process. Your work culture has a big part in this and you may find that you can come up with creative ways to mange this change in your workplace and make 2009 a great success.

Written By
Silver Arias, PHR
Human Resource Specialist
ESG republic

Labels: Employees, Employers, Human Resource

Confined spaces can be awkward and uncomfortable to work in. What's more, hazards are generally even more severe when they exist in confined spaces. Today our Safety Training Tips editor gives some tips for avoiding an OSHA citation—or worse—an accident.

Confined space accidents happen more often than you might think. And the National Institute of Occupational Safety and Health (NIOSH) says that these accidents, which often result in injuries or fatalities, usually occur because entrants encounter one or more of the following potential hazards:

• Lack of natural ventilation
• Oxygen-deficient atmosphere
• Flammable/explosive atmosphere
• Unexpected release of hazardous energy
• Limited entry and exit
• Dangerous concentrations of air contaminants
• Physical barriers or limitations to movement
• Instability of stored product

Continue reading more here.

Labels: Employees, Employers, Safety

We finalized our first commercial for television. Take a look and enjoy!.

In the week ending Jan. 17, the advance figure for seasonally adjusted initial claims was 589,000, an increase of 62,000 from the previous week's revised figure of 527,000. The 4-week moving average was 519,250, unchanged from the previous week's revised average of 519,250.

The advance seasonally adjusted insured unemployment rate was 3.4 percent for the week ending Jan. 10, unchanged from the prior week's unrevised rate of 3.4 percent.

The advance number for seasonally adjusted insured unemployment during the week ending Jan. 10 was 4,607,000, an increase of 97,000 from the preceding week's revised level of 4,510,000. The 4-week moving average was 4,559,750, an increase of 58,750 from the preceding week's revised average of 4,501,000.

Continue reading this article at U.S. Department of Labor

Labels: Employees, Employers, Human Resource, law

Special Alert for San Francisco Employers: Commuter Benefits

As of this past Monday, the 19th, San Francisco employers with 20 or more employees are now required to offer commuter benefits to their employees in an effort to encourage the use of public transportation. The benefits must be offered to all employees, including temporary employees, who worked an average of at least 10 hours per week during the previous calendar month. Employers must either administer the benefits program themselves, or hire a third party administrator, and offer one or more of the following benefit options:

• Pre-Tax Benefits: Employer sets up a pre-tax deduction program under current federal tax law allowing employees to use up to $115 in pre-tax wages to purchase transit passed or vanpool services.
• Employer Purchased Benefits: Purchase transit passes or offer vanpool reimbursements to employees in an amount at least equal to the value of the San Francisco MUNI pass (currently $45 per month).
• Employer Provided Transit: Provide a shuttle to transport employees between their homes and workplaces (whether or not the employees live within San Francisco).

Employers who fail to set up a compliant commuter benefits program are subject to citation and fines (up to $500 per violation) imposed by the San Francisco Department of Environment, the city agency that administers the program. More information on the ordinance is available here.

Labels: Administrator, Benefits, California, Employees, Employers, San Fransico, transportation

Effective January 16, 2009, there have been some modifications to the Family and Medical Leave Act (FMLA). FMLA requires covered employers to provide up to 12 weeks of unpaid, job protected leave to “eligible” employees for certain family and medical reasons such as: 

1. To care for the employee’s child after birth, or placement for adoption or foster care; 
2. To care for the employee’s spouse, son, or daughter or parent who has a serious health condition; or 
3. For a serious health condition that makes the employee unable to perform the employee’s job. 
4. Providing additional leave relating to military service and the caring for service members.

What does this mean to you?

EMPLOYERS MUST NOTIFY EMPLOYEES OF THEIR RIGHTS AND RESPONSIBILITIES UNDER FMLA.

Employer goals are to keep employees in compliance and keep them updated on the ever changing rules and regulations of employment law.

What should you do if an employee is out more than 3 days? 

1. Keep a log of the employee timesheet if he/she has been away from the office more than 3 days.
2. Log or save any documentation received from the employee.
 
3. Communicate any updates to the employee’s work status to your Human Resource Specialist contact.

Employers should notify the employee of his/her rights and make sure that they have proper documentation from a physician placing the employee on a leave.

Also, verify the employee’s work release from their physician. Lastly, keep track of the amount of time the employee has used towards his/her FMLA entitlement. 

Labels: documentation, Employees, Family, FMLA, law, regulations, rules

We congratulate you on your new position as President of the United States.

Sincerly,
ESG republic

Add New York to the list of states that are expanding regulation of employers’ disposal of records containing personal identifying information (PI) and penalizing those who don’t take out the trash properly. The expanded law took effect on September 5, 2008 and requires both for-profit and not-for-profit businesses take steps to carefully dispose of media containing PI (e.g., SSNs, drivers license #s, ID card #s, mothers maiden name, account codes and #s, debit card #s, ATM card #s) by shredding, destroying, modifying the record to make it unreadable or taking steps consistent with industry standards for disposal. Regardless of where your operations are, you should be doing four things.

1. collect the smallest amount of PI possible (you really don't need a SSN on every employment form).
2. Protect the PI you do collect by limiting access to it and adding similar protective measures.
3. When it's time to dispose of any records, paper or electronic, which contain PI make sure the contents can't be reconstructed by dumpster divers and other nefarious types.
4. In the "no good deed goes unpunished" category, make sure any computers you donate to charity are completely scrubbed of data before they leave your premises.

Labels: Benefits, Employees

As previously reported by SHRM, the U.S. Citizenship and Immigration Services (USCIS) recently revised the Form I-9 used to verify employment eligibility. All employers are required to use the new I-9 beginning February 2, 2009.

The revised I-9 form will include three important changes:

• Requires that all documents presented for verification be current (unexpired).
• Eliminates Form I-688, I-688A and I-688B from List A (documents that establish both identity and employment authorization) because these documents are no longer issued and have now expired.
• Expands List A by adding two documents: 1) a Temporary I-551 printed notation on a machine-readable immigrant visa reflects the fact that the State Department has used machine-readable immigrant visas for several years, and 2) a Passport from the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI) with a valid Form I-94 or I-94A reflects an agreement under the Compact of Free Association between the US and FSM or RMI.

Beginning February 2, 2009, employers may only accept unexpired documents and may only accept those listed on the revised Form I-9. In addition, when an employee's work authorization requires re-verification, employers should use the revised I-9 form with its new list of acceptable documents. Failure to do so exposes the employer to civil money penalties.

Continue reading more at SHRM

Labels: Benefits, Employees

Today we tackle the topic of repeat accidents, including figuring out likely locations, identifying likely suspects, and determining other factors that can aid and abet.

It's bad enough when an accident happens once. But if the same or similar accidents happen repeatedly, the damage multiplies.

That's why it's so important to break the chain of repeat accidents. Before you can do so, however, you need to know where accidents are happening and who's involved. The OSHA Required Training for Supervisors monthly newsletter offers the following advice.

Continue reading "Safety CSI: Repeat Accidents" here.
written by Chris Kilbourne of Safety Daily Advisor

Labels: Benefits, Employees

"I want someone from the top of the class at a top business school, who has advanced rapidly at a fast-growing, respected firm (but I want to pay an entry-level salary)." That's pie-in-the-sky recruiting—spinning your wheels with no results.

Picture the Perfect Candidate.
It sounds silly, but the biggest mistake in hiring is starting the recruiting process before you know what you are looking for. When there's no clear picture of the ideal candidate, you don't know what questions to ask, what answers to listen for, and how to evaluate candidates.

You're also not going to attract the best candidates because they'll sense your fuzzy thinking, and that's a turn-off. Further, vague requirements mean you won't get poor candidates to self-select out of the process.

Don't rely on a job description; do a little digging:

• What characteristics have helped others excel at this job?
• What aspects of this job have caused others to fail?
• What aspects have caused the manager the most heartache?
• What failure in performance would get the person in this job fired?
• In what areas did past jobholders need the most improvement?

This article was written by Steve Bruce of HR Daily Advisor
Continue reading the entire article here!

Labels: Benefits, Employees

Certain driver behaviors have been identified as associated with an increased risk of becoming involved in a vehicle crash or near crash. Research indicates that four specific driving behaviors double or triple your chance of being in a crash.

• Driving at a speed too fast for conditions nearly triples the odds of a crash.
• Driving while drowsy or sleepy was associated with a similar increased chance of a crash.
• When the driver’s eyes wereoff the roadway for more than two seconds, you can double the odds of a crash.
• Exhibiting aggressive driving behavior will also more than double the likelihood of a crash.

Here are a few tips to prevent these risky behaviors:

• Maintain a safe speed that moves with the general flow of traffic. Remember the posted speed limit may not be the appropriate speed.
• Be sure you are rested before driving. Be sure to get plenty of sleep before you leave for a trip.
• Avoid distractions that take your eyes away from the road. These include cell phone use,text messaging, changing the car radio or CD, looking at your GPS or driving directions, or daydreaming.
• Be courteous when driving.Use your turn signals, never tailgate, allow others to merge in traffic, and permit others to pass when needed. If you must use your horn, a friendly tap is better than a loud blast.
• Risky driving behaviors substantially increase the likelihood of being involved in a crash. Remember these behaviors and try to avoid them when driving.

Labels: Benefits, Employees

California law prohibits employers from asking job applicants about most marijuana-related convictions that are more than two years old. A new California appeals court decision, Starbucks v. Superior Court (Lords), highlights the fact that employers must be extremely clear with applicants that they are not seeking this barred info.

The case arose when Eric Lords and others applied for jobs at Starbucks. Starbucks uses the same boilerplate application for all locations, which includes a disclaimer stating:

CALIFORNIA APPLICANTS ONLY: Applicant may omit any convictions for the possession of marijuana (except for convictions for the possessions of marijuana on school grounds or possession of concentrated cannabis) that are more than two (2) years old, and any information concerning a referral to, and participation in, any pretrial or post trial diversion program.

Lords and others filed a class action lawsuit against Starbucks, arguing that the disclaimer was buried in a long block of type, did not specifically refer to the "Have you been convicted of a crime in the last 7 years?" question asked earlier in the application, and was placed near the end of the job application.

The appeals court concluded there were no problems with the language of the California disclaimer but "significant problems" with its placement.

Starbucks would have been okay, continued the court, if it had included the disclaimer immediately following the convictions question. But, instead, it put the disclaimer at the end of a 346-word paragraph, in the same chunk of text as disclaimers for the U.S., Maryland, and Massachusetts. The California disclaimer was in bold, but so was the rest of the paragraph, so "any value to be gained by emphasis is submerged in a veritable sea of boldface type," said the court.

If you would like to read more or need some questions answered please feel free to contact us today!

Written by California Employer Advisor

Labels: Benefits, Employees