JorgensenHR Journal Winter 2010

BestHR Solutions for Management

Winter 2010 Volume 77 Published by: JorgensenHR

Editors: Deborah Hildebrand, Vera Mae Walsh

JHR BestPartner Program for Small Businesses

If you own or operate a small business (under 100 employees) that doesn't require a full-time human resources department or are functioning without an experienced human resources practitioner, but would benefit from human resources assistance on an occasional basis then the JHR BestPartner Program is ideal for you.

An affordable, high quality solution to your human resources needs, the JHR BestPartner Program offers a choice of options that includes services such as telephone support from experienced senior level human resources professionals, handbook development and updates, annual membership to HRCalifornia, choice of onsite training programs, quarterly JorgensenHR Journal to keep you up-to-date on the latest human resources issues and much more.

Visit our website today to learn about the full list of services available. Or for more information about this exciting new program please call Linda Harris, JorgensenHR, at (661) 600-2070.

The Importance of
Up-to-Date Employment Policies

Many employers never consider it, but too often terminating employees download or email company files before they leave. In fact, this very thing recently happened to LVRC Holdings in Las Vegas when one of their departing employees emailed to a personal account, as well as, copied to disc financial statements, marketing data and personal information about clients.

LVRC sued and lost because the employee had been given authorization to access the company files and the company didn't maintain a policy prohibiting employees from copying company files for personal use or emailing them to a personal email account.

What policies has your organization overlooked? Make sure your employee handbook and other human resources policies are complete and up-to-date by contacting JorgensenHR today at (661) 600-2070 for a complete review.

Source: http://hr.blr.com/ December 2009

New Form I-9

Are you using the newly revised Form I-9 which contains an updated list of acceptable documents that employees must present upon hiring? It was updated August 2009 and contains a note that all documents presented to establish identity and/or ability to work in the U.S. must not be expired. Click here to download the current I-9 form.

Source: HRCalifornia, California Chamber of Commerce, December 2009

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JorgensenHR Journal Summer 2009

HAPPY NEW YEAR FROM JORGENSENHR

JorgensenHR would like to THANK each of our clients for their continued support and friendship throughout the years,

and for allowing us to assist you with your Human Resources needs. 2009 was a challenging year for many of us.

As we continue to weather the storm, we look forward to a brighter 2010 by continuing to offer our BestHR services, along with creative ways to support your organization including our new JorgensenHR Partner Program (see article).

We at JorgensenHR wish you and your families good health, happiness and prosperity for 2010.

If you have any questions about the information contained here, please give us a call (661) 600-2070.

What's New for 2010?

Health and Safety Requirements

There are two new health and safety requirements for 2010. The first, AB 1083, adds requirements to the Health and Safety Code requiring all licensed hospitals to annually conduct a safety and security assessment. The second, SB 188, amends the Code of Civil Procedure to permit post-secondary educational institutions to seek temporary restraining orders and an injunction on behalf of a student or students as long as there is a written consent from the student(s).

No Change to Minimum Wage for Exempt Computer Professionals and Licensed Physicians

Rates for exempt computer professionals and licensed physicians do not change for 2010. For computer professionals the current hourly rate remains at $37.94/hour and for licensed physicians it is still $69.13/hour. Make sure you understand which aspects of overtime compensation and related employment regulations apply to your staff.

New Mileage Rates

Beginning January 1, 2010 the standard new mileage rates will be 50 cents per business mile driven, 16.5 cents per mile for medical or moving purposes and 14 cents for miles driven in service of charitable organizations. These rates are actually a decrease from 2009 rates.

Source: HRCalifornia, California Chamber of Commerce, December 2009

COBRA Subsidy Extended

The American Recovery and Reinvestment Act of 2009 has been extended. Originally it allowed for COBRA subsidies for certain employees terminated or laid off between September 1, 2008 and December 31, 2009. The subsidy reduced an employee's COBRA premium by 65 percent for up to nine months provided that the employee met the eligibility requirements.

Signed into effect as of December 19, 2009, the Department of Defense Appropriations Act for Fiscal Year 2010 (known as the Defense Act) specifically:

Extends the subsidy to a maximum of 15 months for individuals who are involuntarily terminated AND lose coverage as a result of that termination on or after September 1, 2008 through February 28, 2010. This means someone who is involuntarily terminated and has employer-provided coverage through the end of February will be eligible for the subsidy even though the loss of coverage does not occur until March 2010.
Maintains the subsidy at 65 percent.
Provides for a retroactive application. Those who have already exhausted the nine months of federal COBRA coverage will have the opportunity to receive the additional six months at the subsidized rate.
Requires employers to provide an updated COBRA notice to all affected employees by February 17, 2010.

The government is expected to develop model notices for use by employers as it did for the ARRA COBRA subsidy earlier in 2009. Finally, COBRA may be extended yet again in 2010. An extension to June 30, 2010 has been proposed in the Jobs for Main Street Act, 2010, which is currently being debated in Congress.

For assistance in understanding these changes and your obligations or for other questions about COBRA or Cal-COBRA, contact JorgensenHR at (661) 600-2070.

Source: www.shrm.org. December 2009

1000 Additional Employer I-9 Audits

Immigration and Customs Enforcement (ICE) plans to audit the hiring records of 1,000 additional employers across the country to determine compliance with employment eligibility verification laws. This involves a comprehensive review of Form I-9, which requires employers to review and record each individual's identity and work eligibility document(s) and determine whether the document(s) reasonably appear to be genuine and related to that specific individual.

In the past, I-9 audits typically were confined to the issuance of civil penalties. However, with this increase audit process they are also being used to lay the ground work for criminal prosecutions against employers and individual executives with knowledge that the company is not compliant with the law. Employers are being cautioned to review and correct I-9 problems before any audit.

If you require assistance with a self-audit or, if you are facing an ICE audit call Linda Harris, JorgensenHR, at (661) 600-2070 for assistance.

Source: HR Tech. November 23, 2009

American's with Disabilities Act Amendments Act (ADAAA)

Confused about the ADAAA? The Equal Employment Opportunity Commission (EEOC) has clarified it further.

First, the act has broadened the circumstances under which a worker is considered disabled and can sue for disability discrimination. In fact, if an employee can show discrimination based on a perceived disability - even if there was none - the worker may have a case.

Next, there is further clarification of a disability. "An impairment need not prevent, or significantly or severely restrict, the individual from performing a major life activity in order to be considered a disability." That means it is no longer necessary for an employee to be limited in performing "major life activities" such as walking, just limited in doing the specific tasks of the job. This could mean that a long-term limitation on doing a work function is a disability.

Finally, "An impairment may substantially limit a major life activity even if it lasts, or is expected to last, for fewer than six months." This means a temporary condition can be considered a disability. However, temporary non-chronic impairments of short duration like colds or broken bones are generally not disabilities.

The good news is that workers still have to be qualified individuals with a disability. That means it is okay to require applicants and employees to meet essential job requirements.

Source: HRMorning, December 2009

Did You Comply in 2009?

Mandatory Employment Notices Poster Change

As of November 21, 2009, employers were required to begin compliance with the Genetic Information Nondiscrimination Act (GINA) which included a mandatory change on the EEOC notice in the Employment Notices Poster. Make sure to update your postings immediately either by downloading the individual GINA poster or ordering a 2010 All-In-One poster.

Increase in State Withholding

Just a reminder that the state withholding increased on November 1, 2009, and there is now a ten percent mandatory increase on employee withholdings, a 0.6 percent increase in supplemental wage withholding and a 1.20 percent increase on wage stock options and bonus payments.

Alternative Workweek Schedules

The law regarding alternative workweek schedules was amended to permit an eight hour day as a valid alternative schedule and to allow for an alternative workweek schedule to be in place for less than a full year (such as summer months only).

Family Medical Leave Act (FMLA) Amended

Federal legislation changed the definition of which service members are covered for leave under the "qualifying exigency" category. For regular Armed Forces members, "covered active duty" means duty during deployment with the Armed Forces to a foreign country. Reservists are covered when they are on duty during deployment with the Armed Forces to a foreign country under a call to active duty.

E-Verify Required of Federal Contractors

As of September 8, 2009, federal contractors and subcontractors were required to use the E-Verify system when hiring employees. The system is intended to confirm that all new hires, whether employed on a federal contract or not, and existing employees directly working on federal contracts are legally authorized to work in the United States. Other employers may voluntarily use the system as well, and in companies operating in other states should check to see if state law may require the use of E-verify.

Civil Air Patrol Leave

Employers with more than 15 employees are subject to a new leave for employees who are volunteer members of the California Wing of the Civil Air Patrol. Employers are required to provide not less than 10 days of leave per year for voluntary members of California Wing of the Civil Air Patrol, who have been called up for emergency operational missions, but not if they are required to respond as first responders or disaster service workers for a local, state, or federal agency the same or a simultaneous emergency operational mission. This becomes effective January 1, 2010.

Source: HRCalifornia, California Chamber of Commerce, December 2009