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.

Requirements for Hiring Minors

If you're thinking of adding teenagers to your staff, be forewarned that there are laws regulating your decisions. The California Labor Code, the Fair Labor Standards Act and the California Education Code impact hours of work, age requirements, occupational job duty restrictions and health and safety.

With certain limited exceptions, minors under 18 years of age, who have not graduated from high school or obtained a "Certificate of Proficiency," must have a valid work permit, which is issued through the school the student attends. Students initiate the work-permit application process which are required year-round, even when school is not in session. Carefully review the work permit for the exact hour restrictions, as the school may, at its discretion, issue a permit for fewer hours than the law allows.

The student's age determines the hours of work, occupation and duties permitted. A minor usually must be at least 14 years old to work, except in certain cases such as the entertainment industry. The California minimum wage of $8 per hour applies to minors, though a limited learner's exemption allows payment at 85 percent of the minimum wage only during the first 160 hours of employment in occupations in which the employee has no previous similar or related experience.

For more information on hiring teenagers, minimum wage law or other staffing and employment law questions, be sure to give JorgensenHR a call at (661) 600-2070 today.

Source: Ceridian Abstracts, May 25, 2011

Make Sure Employees Take Full 30-Minute Meal Period

Remember what work was like before calculators and computers? Employers frequently rounded an employee's lunch times to within the nearest five minutes or one-tenth of an hour. It made record keeping easier.

Well, when it comes to lunch periods, Labor Code Section 226.7(a) requires that employees be granted and that they take a minimum 30-minute uninterrupted meal period.  The actual time should be used to calculate the meal period and to ensure that at least 30 minutes have been granted and taken.  Using calculations based on rounded time could be a violation of Labor Code Section 226.7(a) if the minimum 30 minutes have not been taken, penalties are assessed under Section 226.7(b).   So make sure your employees are getting their uninterrupted full lunch period.

Source: California Chamber of Commerce, December 2010

Does Your Vacation Time Off Have a Cap?

Recent reports indicated that California public employers have made six-figure payouts of unused vacation time when they retire. If you want your organization to avoid the same fate, be sure to:

• Communicate the importance and purpose of vacation to employees. It is their opportunity to rejuvenate so they can return to work and be more productive.
• Understand that accrued, but unused vacation time cannot be forfeited. There are no "use it or lose it" plans under California law.
• Evaluate their vacation policies and cap the amount of accrued time that is allowed.
• Though employees may begin earning vacation time at a lower pay rate, remember that the current pay rate must be paid for all accrued time.
• Know your rights as an employer: you can force staff to take a vacation when they accumulate a certain amount of time or to achieve certain business needs.

If you need assistance formulating your employee handbook, developing a vacation policy or reviewing other time off policies, call JorgensenHR at (661) 600-2070.

Source: California Chamber of Commerce, June 2011

Non-Traditional Workplace Harassment Lawsuits

You would think by now that employees would understand that harassment is against the law. However, experts suggest that in the last 10 years there have been increases in the number of lawsuits claiming female-on-male harassment and same-sex harassment, as well as an increase in claims of religious harassment and intra-racial harassment. Even more surprising is the fact that the total number of harassment charges filed with the federal Equal Employment Opportunity Commission (EEOC) has declined during that time period.

In addition, claims of workplace bullying, not involving a class covered by anti-discrimination laws, have resulted in verdicts for employees under state tort laws. Claims of discrimination based on color are on the rise as are claims of religious harassment.

You can minimize the risk of being on the wrong end of a harassment suit by:

• Treating claims seriously. Sexual discrimination does not mean that physical intimacy was the end goal.
• Make sure that your harassment guidelines include same-sex harassment as well as color.
• Investigate all harassment claims, even those not involving a protected class
• Don't forget that state law protects employees from bullying that rises to the level of assault, battery or intentional infliction of emotional distress.
• Provide regular zero-tolerance-harassment training.
• Ensure policies cover all forms of harassment, not just sexual harassment.  

For assistance developing harassment policies, providing zero-tolerance-harassment training and investigating harassment claims, give JorgensenHR a call at (661) 600-2070 today.

Source: Society of Human Resources Management HR Week, May 2011

Women & Men Agree on Work/Life Balance

It's time to eliminate stereotypes or so says the fall 2010 "Global Study on Men and Work-Life Integration." The study dispels the myth that men are all about work and women are all about personal/family life and points out that we are a lot more alike than different. Here's what the study found:

• There is little difference among generations or between men and women when it comes to work identification and personal/family identity.
• Men and women both have difficulty finding time for family and themselves, and they value flexible work arrangements. However, the culture of most organizations has not caught up with this reality and employees feel penalized for using work/life benefits.
• Both genders indicated their top issue was financial stress. But employers can help through employee assistance and financial counseling programs as well as by being open about job security and the firm's financial situation
• Business leaders still cling to the tired, old ideal of the best workers as those without a lot of personal commitments.

In the end, what most employees - male or female --- want is to have success in both their work and their personal life. And it's important for organizations to recognize this.

Source: Ceridian Abstracts, May 25, 2011

More Severance Packages, Less Early Retirement

Offers of early retirement for U.S. workers are becoming less common as defined benefit plans have become rarer. Severance packages are now the way to go. And to sweeten the pot employers will frequently offer to pay the COBRA premium or offer a lump-sum payment.

When offering early retirement or severance pay employers should be sure that the accompanying releases follow the requirements of the Older Workers Benefit Protection Act (OWBPA). Here are some tips:

• The waiver must be written in a manner that can be understood clearly.
• The waiver must refer specifically to rights or claims arising under the ADEA.
• The waiver must advise the employee in writing to consult an attorney before accepting the agreement.
• The employee must be provided with at least 21 days to consider the agreement if it is an individual agreement.
• The waiver must give the employee seven days to revoke his or her consent.
• The waiver must not include rights and claims that might arise after the date on which the waiver is executed.
• The waiver must be supported by consideration in addition to that which the employee is already entitled.

If the release of claims is sought for a group termination program, which may be as few as two employees, the employees must be given at least 45 days to consider the agreement and additional information must be provided to the employees, including "the decisional unit for the program, the eligibility factors for the program, the time limits applicable to the program, and the job titles and ages of all individuals who are eligible for or who were selected for the program and the ages of all individuals in the same job classifications or organizational unit who are not eligible or selected for the program."

Employers who have questions on early retirement or severance packages, the Older Workers Benefit Protection Act (OWBPA), or similar topics you should contact JorgensenHR at (661) 600-2070.

Source: Society of Human Resources Management HR Week, May 2011.

JorgensenHR Journal Summer 201l