SUCCESS IN FOCUS
ProValue, LLC
May 20, 2009
In This Issue
Underage Employees
ProValue Webinar Series
Seasonal Employees
HR Guru
New ProValue Service
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Greetings! 
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Finally the cloudy, gloomy days have moved out and it feels like spring.  Summer is just around the corner and wheat harvest is on the way.  For the Plains states, the wheat harvest prospects look like a mixed bag.
 
Wheat harvest and summer business activities usually mean additional part-time or seasonal employees.  Make sure you have proper documentation and signatures on all necessary employee paperwork.  If you have questions, call one of our professionals and they can provide assistance.
 
Another wheat harvest issue that is frequently discussed is grain contracts.  Especially in areas with production challenges due to the freeze and/or the drought.  Review your contracts for proper signatures and if there is a producer you are worried about fulfilling contracts, be pro-active and start a dialogue now.
 
Thanks for your business and have a safe wheat harvest.   

SCOTT DEWEESE
President
TAKE NOTE!  HIRING UNDERAGE EMPLOYEES
 
Child Labor Laws
 
Hiring summer help is something a lot of companies do.  If you are hiring employees 17 years or younger, now is a good time to consider the restrictions placed on those employees by Federal and State laws.  Below are just a few reminders of about what an employee who is 17 or younger is NOT allowed to do.  I strongly encourage you to read through these regulations to ensure you are in complete compliance...putting a child at risk by not following Federal and State laws may result in fines to the company as well as criminal charges against the employer!
 
1.  Employees 17 years old or under are prohibited to work in any occupation that is deemed to be hazardous under FLSA. Among these occupations are excavation, manufacturing explosives, mining, and operating many types of power-driven equipment. 

2.  Employees 17 and younger must be given a specific amount of time for meals and breaks.
 
3.  No employee under 17 years of age may drive on public roadways as part of his
or her job. Seventeen year olds may drive on public roadways only when
complying with numerous and restrictive requirements of the FLSA. If you are
interested in receiving a copy of these requirements, please call ProValue, LLC.
 
4.  In some circumstances employers may be required to obtain an Employment Certificate and/or Age Certification for employees who are 17 years old or younger.
 
5.  The hours which minors age 14 and 15 are permitted to work are confined to the
following provisions:
1) Not more than 40 hours in any one week when school is not in session
2) Not more than 18 hours, or 23 hours in a work experience program, in any
one week when school is in session
3) Not more than 8 hours in any one day when school is not in session
4) Not more than 3 hours in any one day when school is in session
5) Must be between the hours of 7 a.m. and 7 p.m. in any one day, except
during the summer (June 1 through Labor Day) when the evening hour is 9
p.m.
6.  If a working child is protected by both federal and state child labor laws, then the more protective law (whether it is the state or the federal law) is followed.
 
Each state also has specific laws that apply to employing minors, see the links below for more information about your state laws.
 
PROVALUE WEBINARS

  PROVALUE WEBINAR SERIES

Get professional training without ever leaving your desk.

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2009 Schedule
July 15 - Giving Employee Feedback
Aug. 12 - Performance Evaluations
Sept. 23 - Employee Terminations 
Nov. 4 - HR Legal Update 
 
Training will begin at 10:00 am and each session will last approximately 60 to 90 minutes.  Cost is $199* per registered computer for 1 employee or 100 employees.
 
*SPECIAL RATE - sign up now and get any 3 classes for just $549!
 
Sign up is easy and classes are interactive.  After your registration you will receive an email with a link and password.  Simply type in the session password and then dial the toll free phone number to listen to the live audio presentation.  A single employee can view the presentation from their own computer or for the same cost you can use a projector so that a group of employees can view the program and listen to the audio on a conference phone.
 
You can enroll online at www.provaluellc.com or for more information call Makayla at (620) 802-0723.
FAQ: HIRING SEASONAL EMPLOYEES 
 
1.)  What paperwork do I need to collect from my seasonal/temporary help or harvest help?
It is recommended that you treat your temporary or seasonal employees much in the same way you would treat any other employee.  At the bare minimum employers need to collect a completed application for employment, W-4 (and K-4 in Kansas), and complete a NEW I-9 document with each employee within 3 days of their start date.  Remember that new I-9 forms were issued on April 3, 2009 so if the seasonal worker has not been continuously employed with you during that time they will need to complete a new I-9 and provide the supporting documentation.  Employers need to also remember to complete their appropriate state new hire reporting procedure.  State new hire reporting procedures may be located on the following websites:
It is also strongly recommended that you have your seasonal employees read and sign a copy of your employee handbook.  Although some of the policies do not apply to your seasonal workers, topics such harassment on the job, termination and attendance do and it is important that you make each of your workers aware of these requirements.
Additionally, remember that certain information must be maintained by the employer on all non-exempt employees (eligible for overtime and minimum wage and typically paid by the hour) even seasonal employees.  FLSA requires no particular form for the records, but does require that the records include certain identifying information about the employee and data about the hours worked and the wages earned. The law requires this information to be accurate. The following is a listing of the basic records that an employer must maintain:
 
1. Employee's full name and social security number.
 
2. Address, including zip code.
 
3. Birth date, if younger than 19.
 
4. Sex and occupation.
 
5. Time and day of week when employee's workweek begins.
 
6. Hours worked each day.
 
7. Total hours worked each workweek.
 
8. Basis on which employee's wages are paid (e.g., "$9 per hour", "$440 a week", "piecework")
 
9. Regular hourly pay rate.
 
10. Total daily or weekly straight-time earnings.
 
11. Total overtime earnings for the workweek.
 
12. All additions to or deductions from the employee's wages.
 
13. Total wages paid each pay period.
 
14. Date of payment and the pay period covered by the payment.
 
2.  Is it true that my seasonal or temporary employees may file for unemployment compensation?
Yes, if they meet the eligibility requirements in the state (they can vary from state to state) for unemployment they may file.  Employers sometimes run into this because seasonal employees typically work what is considered "full-time" hours for short periods of time, thus making them eligible for unemployment.
 
3.)  I heard that I don't have to pay my teen employees minimum wage under Federal law.  Is that true?
In 1996 and amendment to the Fair Labor Standards Act (FLSA) was passed that enabled employers to pay a youth minimum wage of not less than $4.25 an hour to employees who are under 20 years of age during the first 90 consecutive calendar days of initial employment.  HOWEVER, there are some very specific provisions that employers must follow in order to comply with the youth minimum wage standard.  They are as follows:
The following information is excerpted from Fact Sheet #32:  Youth Minimum Wage published by the U.S. Department of Labor.
All employers covered by the FLSA may pay eligible employees the youth minimum wage, unless prohibited by State or local law. Where a State or local law requires payment of a minimum wage higher than $4.25 an hour and makes no exception for employees under age 20, the higher State or local minimum wage standard would apply.
The eligibility period runs for 90 consecutive calendar days beginning with the first day of work for an employer. It does not matter when the job offer was made or accepted (or when the employee was considered "hired"). The 90-day period starts with (and includes) the first day of work for the employer. The 90-day period is counted as consecutive days on the calendar, not days of work. It does not matter how many days during this period the youth actually performs any work.
The law contains specific protections for employees that make it illegal for employers to terminate employees to hire someone at the youth wage. Employers may not take any action to displace any employee (including partial displacements such as a reduction in hours, wages, or employment benefits) for the purpose of employing someone at the youth wage. Violation of this anti-displacement provision is considered to be a violation of the FLSA's Section 15(a)(3) anti-discrimination provision.
It would be a violation of the anti-displacement provisions if an employer employed individuals at the youth wage for the 90-day eligibility period and then terminated their employment in order to hire other employees at the youth wage.
 
HR GURU: HAVE YOU TWEETED LATELY?
Sara KHR Guru Perspective:  Have you Tweeted Lately?

 Technology is awesome.  I sometimes marvel at the fact that just ten short years ago I was barely getting on the Internet and I didn't own a digital camera.  Now I can't imagine my life without the joys of Internet banking, instant photos, Facebook and Twitter.  Your employee's can't either.  In fact, they are probably "tweeting" right now on company time instead of working, just kidding! 
Okay, well not really.  All of these technological advances are fantastic so long as they are used for good and not evil.  Twitter, in case you are not familiar, is a free service that allows people to "follow" other users.  The user can post short messages (less than 140 characters) about what they are doing, where they are going, etc., for all of their "followers" to see.  A post on Twitter is called a "tweet".  Average people "tweet" and so do sports starts, musicians, Politian's (even Senator John McCain is on Twitter!) and movie stars.
 
Just like "Blogs" Twitter, can be a fun past time enjoyed by your employees, but I strongly recommend that you address these technological advances in your employee handbook.  Twitter, just like all of the other wonderful applications on the Internet, can be very distracting for your employees.  It is also another source that confidential information can be "leaked" out from regarding your company, profits, customers, etc.   Putting a few rules and regulations in place sets the tone for how, when and what employees may "tweet" about.
 
If you would like more information or assistance on "tweaking" not "tweeting" your current technology usage policy, please contact Sara Kepley at skepley@provaluellc.com or (620)960-1694.
NEW SERVICE FROM PROVALUE

RELIABLE HR ADVICE IS JUST A CALL OR CLICK AWAY 

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Do you need answers to your HR questions?  Now ProValue can offer you assistance by phone or by email to help you with all of your day to day personnel and policy questions.   
 
Can I terminate an employee who is late for work?
When does an employee qualify for FMLA?
What do I do if an employee fails his drug test?
Can I dock their pay if an employee owes money to the company? 
Do I need to have an I-9 Form for every employee?
 
We can give you the answers you need from a company you trust.  This year long program allows you access to professional HR services through email and phone consulting for one low price. 
 
For more infomation about this new service from ProValue please contact Sara Kepley at (620) 960-7694 or by email at skepley@provaluellc.com.
CHECK OUT THESE JOB OPPORTUNITIES
 
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Full Time Elevator Superintendent- The Cooperative Grain and Supply Company in Bazine, KS is accepting resumes for an experienced Elevator Superintendent. This position will be responsible for daily operations of 900,000 bushel concrete elevator and will oversee grain handling and storage procedures. Knowledge of grain storage is necessary as well as employee management skills. Competitive salary and excellent benefits package offered, pay is negotiable and will be based on relevant experience. Apply in person or by phone. Cooperative Grain & Supply, 107 North Main St., Bazine, Kansas. Phone 785-398-2271. Submit resume online at www.provaluellc.com.  
 
 
Customer Service Agent - Hutchinson Commercial Insurance Agency has a position for a Customer Service Agent. This position is responsible for providing assistance to sales staff for insurance on existing accounts and new business. Must be a team oriented person and proficient on the computer and have knowledge of various work processing & spreadsheet programs. Excellent customer service etiquette, communication, and accurate date entry skill necessary. Insurance background or agents license required. Competitive salary and excellent benefits offered. Please send resume and cover letter to the Director of Human Resources, PO Box 1747, Hutchinson, KS 67504.
 

Branch Operator- The Mulvane Cooperative Union is looking for a successful and experienced person to oversee the daily operations of their location in Peck, KS. The Peck branch has 100,000 bushel grain storage, anhydrous ammonia, and feed. This position will be responsible for grain inventories, loading and unloading grain, anhydrous equipment, and general cleaning and maintenance of the facility. Knowledge of grain handling and storage procedures, anhydrous fertilizer, and elevator maintenance is required. Excellent benefits with paid vacation and sick leave. To apply call Ken Matzen at (620) 584-2011 or send resume to The Mulvane Cooperative Union, PO Box 427, Clearwater, KS 67026. You may also apply online by uploading your resume at www.provaluellc.com
 
Would you like to post a job opening in this section? Click here for more information about online recruiting services from ProValue.
VISIT US ONLINE!
 
 
Have you visited our website?  Read about new General Managers, check out job openings, and get free HR forms under the Human Resources tab.
 
Information provided in this newsletter contains opinions and interpretations of ProValue staff members.  The items contained herein are provided for general information purposes only and should not be used as a substitute for professional consultation.  ProValue, LLC is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference or reliance on such information.  If you have questions regarding any information contained in this newsletter, please contact us.