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| BestHR Solutions for Management |
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Summer 2009 Volume 76 Published By: JorgensenHR Editor: Deborah Hildebrand | |
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Linda Harris
(Licensed Private Investigator #23947) |
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PRIVATE INVESTIGATOR ACT REMINDER
Just a reminder that the California Private Investigator Act requires that non-attorney outside parties such as human resources consultants who are hired to investigate workplace harassment or employee misconduct complaints must be licensed investigators. Otherwise the unlicensed individual, as well as, the hiring organization can be charged with a misdemeanor punishable by a fine and possible imprisonment.
If you are in need of investigative assistance due to potential workplace harassment, discrimination, sexual harassment, or need assistance with other workplace investigations, contact Linda Harris, JorgensenHR President and California licensed private investigator (#23947), at
(661) 600-2070. |
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CALIFORNIA'S NEW ELECTRONIC DISCOVERY LAW
This new legislation establishes procedures for anyone involved in a lawsuit to obtain electronically stored information from the opposing party. Since many employers retain information in e-format, this law allows the requesting party to specify the format in which the records they request are produced. Therefore, it is important that employers know what documents and information they store electronically and to follow all record retention requirements.
Source: HRCalifornia, California Chamber of Commerce, August 2009 | |
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JORGENSENHR AT YOUR SERVICE!
At JorgensenHR we know Human Resources
management is among the most challenging aspects of running a successful business.
For 25 years, we have worked to bring clarity to complex situations. We answer questions, develop practical solutions, and successfully implement them. Our approach is based on teamwork, trust, and an overriding
commitment to doing what is best for out clients. We stand ready to partner with you and provide assistance required to ensure your company's
ongoing development and future success.
We have reached out to well over 2500 clients and have assisted thousands of organizations in over eighteen
industries with support on a project-by-project basis and monthly retainers.
BestINVESTIGATIONS
BestAAP
BestFIT Recruitment
BestHR Assessment
BestCOMP
BestSKILLS Training
BestPOLICY
BestHOTLINE We Want to Know Hotline |
EMPLOYEE CALIFORNIA WITHHOLDING RATES WILL INCREASE NOVEMBER 1
Make sure employees are well prepared because starting November 1 there will be a ten percent mandatory increase on their withholdings, a 0.6 percent increase in supplemental wage withholding and a 1.2 percent increase on wage stock options and bonus payments. And for the self-employed, estimated tax payments have been accelerated for 2010. The first payment of 30 percent of estimated taxes remains the same, but the second payment will increase from 30 percent to 40 percent, the third payment decreases from 20 percent to nothing and the final payment increases from 20 percent to 30 percent.
Make sure you are prepared by consulting with your payroll provider or tax specialist. If you need assistance regarding communicating policy changes, developing new policies or any other human resources questions, give JorgensenHR a call at (661) 600-2070.
Source: HRCalifornia, HR Watchdog, August 2009 |
FORCING AUTOMATIC DEPOSIT PROGRAMS ON EMPLOYEES
There have been questions recently regarding employers who implement direct deposit programs and whether they can require employees to participate.
While this may seem like a convenience to both the employer -- saving money on printing and distributing checks -- as well as for employees -- many employees like the ease of having their paycheck automatically deposited into their bank account -- there are some employees who are still resistant to all things technological and prefer to control their deposit manually.
That being said, there appears to be nothing in the federal Electronic Fund Transfer Act that either authorizes or prohibits employers from requiring payment by electronic transfer as long as employers do not designate the specific financial institution the employee chooses. In addition, the Fair Labor Standards Act merely requires that employees be paid their pay in either cash or cash equivalent i.e., negotiable checks. Direct deposit is permissible as long as the employee has the option of receiving payment by cash or check.
However, most states prohibit employers from requiring employees to participate in a direct deposit program. In fact that is why it is necessary to have employees fill out and sign a form authorizing such action.
In the state of California specifically, employers must obtain a voluntary authorization.
So while you're free to encourage employees to participate, make sure your program is voluntary and that you have the employee's signed agreement before including them in the program.
Source: HR Matters Tips, Personnel Policy Service, Inc., July 2009 | |
CAREFULLY WORD AND EXECUTE SEVERANCE AGREEMENTS
The federal Equal Employment Opportunity Commission (EEOC) has issued guidance for employers regarding how to draft severance agreements so as to release potential bias claims.
Remember that a severance agreement is a contract between an employer and employee which pays the employee a sum of money in exchange for the employee releasing all known and unknown legal claims against the employer. This includes a claim that the employee was discriminated against. However, according to the EEOC, the key to a good severance agreement is to follow these three guidelines:
- Be sure the employee is compensated either in pay or via a benefit over and above what he is legally entitled to in exchange for signing the agreement;
- Ensure the agreement is legally compliant with state and federal law and written so the employee fully understands its meaning;
- Never coerce or intimidate an employee into signing.
To ensure your severance agreement is compliant, and the terms and conditions are clear, JorgensenHR recommends that severance agreements be reviewed by your attorney.
Source: California Employer Advisor E-Alert, Employer Research Institute, August 2009 |
ARRA-FUNDED CONTRACTORS SHOULD ANTICIPATE OFCCP AUDIT
The Office of Federal Contract Compliance Programs (OFCCP) has a new directive: an increased focus on Federal contractor companies that receive funds under the American Recovery and Reinvestment Act (ARRA). The message is that if a company wants funds then compliance with equal employment opportunity (EEO) and affirmative action needs to be reviewed before the ARRA application is submitted.
In fact, the OFCCP will be tracking ARRA-related and non-ARRA-related activities separately, and aggressively auditing ARRA fund recipients. This will include an increased focus on construction contractors, full desk audits and on-site reviews for supply and service contractors, elimination of the 24-month moratorium on audits for companies on the pre-award registry and lifting of the 25 audits per company limit.
If your organization wants to ensure affirmative action and EEO compliance via Affirmative Action Plans or training, JorgensenHR can help. Give us a call at (661) 600-2070.
Source: Society for Human Resource Management (SHRM), July 30, 2009
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| SWINE FLU PROTECTION FOR YOUR WORKFORCE
It's all about being prepared. That means knowing the symptoms of swine flu such as fever, cough, sore throat, body aches, headache, chills and fatigue, as well as, how to protect your workforce. Here are a few recommended steps:
- Encourage frequent hand washing, proper coughing and sneezing etiquette, and workplace cleanliness.
- Avoid business travel to countries with confirmed swine flu cases.
- Quarantine employees who are affected or live with someone who is affected.
- Get advice from healthcare providers on how to handle exposure.
- Communicate with your insurance and risk management provider regarding recommended procedures and equipment.
For updated information and guidance click here for the U.S Centers for Disease Control (CDC).
Source: HRCalifornia, California Chamber of Commerce, August 2009 |
REMINDERS
Due 9/30/09 - VETS-100A Report: By this date, federal contractors must file the VETS-100A Report for government contracts of $100,000 or more that were entered into or modified on or after Dec. 1, 2003, as well as, the VETS-100 Report for any unmodified government contracts of $25,000 or more that were entered into prior to Dec. 1, 2003.
Due 9/30/09 - EEO-1 Report: By this date, employers with federal government contracts of $50,000 or more and 50 or more employees, and employers that do not have a federal government contract but have 100 or more employees must file an EEO-1 report with the EEOC.
Sexual Harassment Training - California companies employing 50 or more workers are still required to provide mandatory Sexual Harassment Training to all supervisory staff every two years. JorgensenHR is fully qualified under AB1825 and subsequent defining regulations to provide this 2 hour interactive training session. We offer onsite classes to client companies with 10 or more supervisors, and provide group public sessions to clients with only a few supervisors, for those newly hired or transferred supervisors, or those who missed the onsite session.
If you last offered training prior to the summer of 2007 or are now a covered employer, call Linda Thibodeaux at (661) 600-2070 to book an onsite session for your company now as your biennial training must be done by year end! To check dates and reserve a spot in our public group sessions click on the link below. | |
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