HEADS UP...
A few new 2009 IRS rates
IRS mileage reimbursement rate changes to $0.55/mile
FICA wage base: $106,800
401(k)/403(b) contribution: $16,500
"Highly Compensated Employee:" $110,000 |
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Our Upcoming Sacramento
Management Workshops
Managing within CA Employment Laws
Sacramento - March 25, 2009
Harassment Prevention for Managers
March 26, 2009
Reservations are required for all classes.
Contact Joanne Christman at (916) 791-8506 or
(530) 676-9583 |
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Silvers HR Management, LLC
(916) 791-8506
or
(530) 676-9583
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Reducing Exempt Employees' Worktime? By Susan Breslauer, SPHR
We've received several inquiries from clients asking: "Can we have exempt employees take one week with no pay to help the company save money?" The short answer is: "Yes, as long as it is one full week, not a partial week." In general, the California wage & hour guidelines require that during an office/plant closure, exempt employees must be paid their regular weekly salary, unless the closure is for a full week. Employers are required to give advanced notice when PTO/vacation must be used. Here are some additional, pertinent wage & hour rules that will impact an employer's decision on how to implement this:
Absences Occasioned by the Employer: The California labor code prohibits employers from making deductions from an exempt employee's salary when "absences are occasioned by the employer or by the operating requirements of the business." (An example would be a forced office/plant closure or requiring an exempt employee to take time off during the year). The labor code states: "If the employee is ready, willing and able to work, deductions may not be made for the time when work is not available."
Employers must pay exempt employees their full weekly salary if they work for any part of the week. If the closure is for less than one workweek, there may be no partial salary deductions offset by PTO/vacation. For example, if the employer wishes to close for two days during a holiday week, exempt employees must be paid for the full week. PTO/vacation may not be used to offset the two days in this case. However for a full week closure, employers may give exempt employees the choice of using their PTO/vacation (for some or all days), or not being paid at all, if adequate advance notice is given.
90 Day Notice Period: There is a minimum 90 day notice period if the employer will require exempt employees to use their PTO/vacation during a closure. For example, if the employer plans on requiring exempt employees to take one week off in April 2009, and that they must use their PTO/vacation, the employer must give the exempt employees notice by January 1, 2009 (90 days before April 1).
Give us a call if you have questions.
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Who's Working for You?
By Michael Ross, Loss Prevention Resources
Kathy's a great employee - she's on time, stays late when necessary, is active in the needs of your business, and has reorganized your purchasing department. You've come to know Kathy, you trust her. What you don't know about Kathy is that she orders eight items, records six, and sells the other two on the Internet.
Kathy has never been fired. She said she left her last job at the shipping company to take some classes. Actually, she left because the company began noticing a trend of missing packages. She knew it was time to go.
This story is true. It is only one example of the many forms of business losses that can cripple and often crush profits - the key ingredient to your success.
Today's economic climate is tough and crime needs only one component to occur: opportunity! Taking a proactive approach to who works in your business has never been more important. Improper hiring can result in not only monetary losses, but also the loss of your hard-earned reputation, and can also place your business in jeopardy for lawsuits and expensive legal battles.
Do you really know your employees? How can you be sure you've entrusted the right person with your future? Most often overlooked is the critical employee background check, which can give you the opportunity to decide not to hire an individual with a history that could potentially harm your business.
Things change - so can your employees. A new boyfriend with a questionable or troublesome background, or a sudden financial difficulty could change how an employee might act in your business. If you sense something is wrong, don't hide your head in the sand and hope it goes away. Seek the assistance of a professional who can investigate your concern and do so in a legal manner to protect your company from lawsuits and also properly document your losses for potential recovery.
Michael Ross, founder of Loss Prevention Resources, specializes in assisting businesses in developing their workforce and providing loss prevention programs and solutions. For more information, visit www.lpresources.com, or call (800) 838-4274.
| | If you missed our article on Layoff Considerations you may find this link a helpful tool on what to consider in these tough times. Click here for our Spring 2008 layoff article.
Order your 2009 CA state and federal employment posters and pamphlets now. Contact our office for an order form.
Exclusive for our retained clients: Highlights of the 2009 legislative employment updates will be mailed shortly. Also coming are our updates for employee handbooks. If you're not a retained client and need more assistance, give us a call! |
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