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Our Upcoming Sacramento
Management Workshops
Managing within CA Employment Laws
March 17, 2011
March 31, 2011
Reservations are required for all classes.
Contact Mary Patterson at (916) 791-8506 or |
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A Few Highlights...
The new I-9 Employer's Handbook is available at http://www.uscis.gov/files/form/m-274.pdf |
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EEOC Breaks Another Record
The US Equal Employment Opportunity Commission announced that it received a record number of discrimination and harassment charges in 2010: 99,922 charges is the highest number received by the agency in its 45 year history. The EEOC also collected more than $319 million in relief for aggrieved individuals, also noted as the highest amount in the Commission's history.
Harassment Prevention Training Time
2011 is the biennial year for many CA employers to conduct sexual harassment prevention training for managers and supervisors. We encourage you to schedule your workshop soon. It is included at no cost for our retained clients. |
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Union Rights Posting Proposed
The National Labor Relations Board ("NLRB") has proposed a rule requiring private employers to notify their employees of their rights under the National Labor Relations Act (NLRA) to join a union or to engage in other activities protected by the NLRA. The proposed notice is similar to one recently finalized by the U.S. Department of Labor for federal contractors. Such a posting will likely note employees' rights under the NLRA including "to form, join, and assist a union, to bargain collectively with their employer, and to choose not to do any of these activities."
The proposed notice is similar to one recently finalized by the U.S. Department of Labor for federal contractors. Such a posting will likely note employees' rights under the NLRA including "to form, join, and assist a union, to bargain collectively with their employer, and to choose not to do any of these activities." The proposed rule will be posted in the Federal Register and comments will be accepted prior to a final decision on the application. We will keep you posted as this proposal evolves. |
| We're celebrating our 10th Anniversary in 2011 at
Silvers HR, LLC
This ezine is intended as a communication and thought provoking tool for our clients and friends. It is not legal advice.
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© 2011 Silvers HR, LLC. All Rights Reserved |
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Take a Seat - There's More Coming...
By Kim Silvers, SPHR-CA
A new twist has been added to the California employment scene. Employers who are not up to speed on their Industrial Wage Order (IWO) requirements may find themselves in court for violation of a little known requirement that employees be provided suitable seats when the nature of the work reasonably permits seating. In a noteworthy case, a CA appellate court ruled that employees could claim monetary damages from the employer (99 Cents Only Stores) for its alleged failure to provide such seating for its employees. Similar lawsuits have also been filed against Home Depot and Target Stores.
The class action suit brought forward by a representative cashier, Eugina Bright, against 99 Cents Only Stores claimed that the employer violated the following requirement from the Industrial Wage Order (IWO #7 , section 14): Click here for the entire article. |
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Meal Breaks - Who Makes the Call?
The ongoing court battles over who is responsible for ensuring an employee takes his/her meal break within the required time continues to rage on in California.
In our last newsletter we told you about a significant decision (Hernandez v. Chipotle Mexican Grill) that once again let the employer off the hook for directing employees to take their meal break. Since then, the Chipotle decision has been appealed to the CA Supreme Court and the decision has been vacated - or set aside and cannot be used in defense or reference to any other cases.
These cases continue to support the employer's position that the employee should be allowed to determine if and when he/she wants to take a meal break - or return early from a meal break. However, none of the cases that favor the employer are able to be used; all are on appeal. So, as your HR consultants we strongly advise you to ensure that non-exempt employees who work more than 5 hours/day are taking meal breaks before the fifth hour of work begins (4 hours and 59 minutes) and that the meal break be at least 30 minutes long. Meal breaks may be waived if the employee completes the work day in 6 or fewer hours and agrees to waive the meal break. Click here for the entire article. |
Employees Using Your Technology - Set the Limits
By Kim Silvers, SPHR-CA
Several recent employment related court cases have set out the standards for employers who allow employees to use company technology resources (email, texts, voice mail, social media, etc.). In this day, everyone uses some technology and the lines between business and personal use are often blurred. An employer who does not expect or allow employees to use their company internet access during break time to check out a personal website or send an email about dinner plans is not in the real world. But employers may set standards around what is allowable and who has access. We encourage you to do so.
Given that employees' use of company equipment for some personal communication is the norm in 2011 means that employers must be specific in noting the rules and rights around this information. In fact, the more specific the employer's policy, the better. Courts have ruled consistently that if the employer notes that employer time and property may not be used for non-productive work, nothing is private when done on company equipment, and that the employer has access to all communication produced on company property and equipment then the employer will likely win the battle over access.
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How To Do More With Fewer Employees...
By Tina Angell, Owner
Cybertary.com Roseville/Granite Bay Office
"I have learned to do so much with so little, I am able to do everything with nothing."
~Anonymous
When a business is facing challenging times, as is the case for many right now, they inevitably have to deal with difficult realities. They may not be able to hire as many resources as they would like, or worse, they may have to downsize the workforce they already have. Either way, they have to do more with less. So how does a business survive when they must deal with shrinking budgets and employees? Here are some strategies.
First let's look at the scenario where a business is in a relatively good financial position today, but is worried about the near term future or growing too fast. In this case, "outsourcing" or hiring temporary help may be the best solution. Subcontractors by nature are flexible and can be hired relatively quickly and let go equally as fast (assuming the contract allows this). It is much easier to downsize your contract staff and keep your employees should the business require a quick downshift in its resources. If communicated properly, this also improves morale for the employees because they know that there is a buffer that will help preserve their own jobs. Click here for entire article. |
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