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McCabe Consultants:
- HR Assessments
- HR Programs and Management
- Handbooks and Policy Manuals
- Employee Relations
- Performance Management
- Compensation/Benefits Analysis and Administration
- Safety Compliance
- Investigations
- Training and Development
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Did You Know?
59% of terminated employees steal company data when they leave (HRE).
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Recent Project Engagements
Represented and won two (2) EDD Hearings for employer of 17
Retained to develop and implement HR Infrasture for employer of 36
Updated and implemented employer handbook for employer of 119
Advised employer of 25 on sensitive termination situation and mitigated employers risk |
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HR Tip of the Month
Lack of proper documentation is the number one reason companies lose Department of Labor and Employment Development Department claims.
Remember, the employer is the "record keeper " meaning, if you do not have proper records, they will side with the employee.
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Contact Us
T: 818-704-7838
F: 818-337-7482
McCabe Consultants   | | |
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| HR Matters - October 2011 |
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Greetings!
Happy Halloween Everyone!
We hope you are enjoying this fun season. As your HR Business Partner, McCabe Consultants is consistently seeking new and better ways to service our clients. To further enhance McCabe Consultants services, we are pleased to announce our partnership with RGEB Employee Benefits, a leading provider of benefit solutions.
With continuous healthcare changes and foreseen regulation changes through 2014, McCabe Consultants continues to provide its clients with superior and innovative HR services through its partnership with RGEB, (Really Great Employee Benefits). This partnership will not only reduce, in most cases, employer costs, it will significantly mitigate employers' risks through invaluable information provided by RGEB.
McCabe Consultants has chosen this partnership with RGEB due to their expertise with small and mid size companies and high level of service. Initial consultations are at no cost and we look forward to introducing you to the RGEB team.
Remember we are just a phone call or email reply away. Talk to you soon!
Victoria |
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HR Alerts
Right to Know Rule. By October 2011, the Wage and Hour Division seeks to issue a proposed rule updating the recordkeeping regulations under the Fair Labor Standards Act (FLSA) in order to enhance the transparency and disclosure to workers of their status. The recordkeeping requirements would provide an explanation about how workers are classified as an employee or as an as an independent contractor and how their pay is computed.
American Jobs Act. On September 12, 2011, President Obama revealed the Jobs Bill that encompasses several employment-related provisions. Some of the provisions offer relief from payroll taxes and provide tax credits for hiring the long-term unemployed individuals and veterans. More details will be available as they are released by the government.
OSHA'S 2011 Site-Specific Targeting Plan. On September 9, 2011, the Occupational Safety and Health Administration (OSHA) announced its 2011 Site-Specific Targeting (SST) plan, the agency's annual inspection program for general industry establishments with high numbers of injuries and illnesses. This year's SST has been expanded to include establishments with as few as 20 employees. The SST does not apply to employers in states with their own state occupational safety and health agency, although state agencies may choose to adopt the federal program in lieu of creating their own. Construction worksites are also excluded from the SST. While the new program is called Site-Specific Targeting 2011 (SST-11), the inspections could continue through September 2012.
Executive Order 13495 Final Rule. On August 29, 2011, the Department of Labor's Wage and Hour Division (WHD) issued a final rule to implement President Obama's Executive Order 13495, Nondisplacement of Qualified Workers Under Service Contracts. The Executive Order requires federal contractors and subcontractors that are successors to certain government contracts to offer employment on a "first right of refusal" to employees (not including managerial or supervisory employees) employed under the predecessor contract, whose employment would be otherwise terminated at the end of the predecessor contract.
Health Insurance Premium Tax Credit. On August 12, 2011, the Departments of Treasury and Health and Human Services released Proposed Regulations to provide guidance to individuals who enroll in qualified health plans through State-based Exchanges, as envisioned under the Affordable Care Act, and to provide guidance to Exchanges that make qualified health plans available to individuals and employers. Comments must be submitted by October 31, 2011.
Proposed Parental Bereavement Act. On July 13, 2011, the Parental Bereavement Act was introduced in Congress. The bill would amend the federal Family Medical Leave Act (FMLA) by adding a new job-protected leave category for the death of an employee's son or daughter. If passed, an eligible employee would be entitled to a total of 12 workweeks of unpaid leave during any 12-month period due to the death of a child.
NOTE: As a reminder, on October 9, 2011, Govenor Jerry Brown signed twenty-two (22) new employment laws that take affect January 1, 2012. To learn how some of these new laws may affect your business visit our Facebook page today. |
New NLRB Notice Requirement Puts Businesses Nationwide on Notice
The National Labor Relations Board (NLRB) issued a final rule requiring most private-sector employers to notify employees of their rights under the National Labor Relations Act (NLRA). The NLRB will enforce employers to post a new NLRA notice in the workplace. The posting requirement is effective November 14, 2011
Covered Employers
The posting requirement applies to all private-sector employers (including labor unions) subject to the National Labor Relations Act. Because NLRA rights apply to union and non-union workplaces, all employers subjected to the Board's jurisdiction (aside from the US Postal Service) will be required to post the notice. In general, the NLRA covers private employers that have an impact on interstate commerce which is based much on the dollar volume of business a company generates. For example, the law covers retail or service establishments with annual gross receipts of at least $500,000, manufacturing companies that ship at least $50,000 worth of goods across state lines or purchases at least $50,000 worth of goods from out of state.
Employers Not Covered
- Government or Union Employers. Certain employers are specifically excluded by the NLRA: federal and state offices, Federal Reserve Banks, employers subject to the Railway Labor Act, labor unions and their officers and agents (except when they are acting as employers).
- Companies that have a municipal function. A privately-owned company with an essentially municipal function is exempted from the NLRA.
- Religious schools. An exception here is schools that are largely secular and not pervaded by a religious purpose.
- Agricultural, railroad and airline employers are not impacted.
In a conspicuous area where employees can easily see and read it, the NLRA notice must be posted in English. If 20 percent or more of the staff is not proficient in English and speaks a language other than English, then the employer must post the notice in that other language. However, if two or more groups comprising at least 20 percent of the staff speak different languages, then the employer must either physically post the notice in each of those languages or post the notice in the language spoken by the largest group of employees and provide a copy in the other language(s) to each of the other employees. If an employer customarily communicates workplace policies to employees in an electronic format (i.e. a company intranet), then it must electronically post the notice as well. Failure to post the notice may constitute an unfair labor practice under the NLRA.
This new poster requirement will clearly bring more attention and increase interest in union organizing. As importantly, employers should anticipate an increase in complaints from non-union employees about work rules, especially those that run contrary to any of the poster information. In preparation, employers should become familiar with the NLRA language, review their company workplace policies and procedures to make sure that they do not conflict with the NLRA provisions, and be ready to discuss the NLRA rights with their employees. |
Question and Answer
Uncollected Paychecks
Q. What do employers do with uncollected paychecks which either were not picked up by the employee or were returned to the employer as "address unknown?"
A. We recommend employers to consider the following:
- Aside from sending certified-mails to the former employee, call the person (i.e. cell / home phone) to notify him or her that paycheck(s) have been unclaimed and document when the paycheck(s) was mailed and when the employer called.
- Forward the check to the State Bureau of Unclaimed Property. Remember, the check is NOT the property of the employer.
- The state holds the items for the owner or heirs until a claim is filed to collect the property. (Note: If an un-cashed payroll check is voided, the money is then available in the company's payroll checking account. If later the funds are not available to pay the employee or to submit to the state, the employer and officers could find themselves under a breach of fiduciary responsibility.)
- The company must report these wages on the W-2 form and pay all taxes that are due as if the un-cashed unclaimed payroll checks had been cashed on a timely basis. State unemployment reports and taxes will also need to be filed and paid as if the payroll check was cashed.
Consider having a company unclaimed/un-cashed paycheck policy in place. |
Quote of the Month
"Learn to listen. Opportunity sometimes knocks very softly"
- Author Unknown |
HR Hot Topic
Denial of UI Benefits
EDD guidelines may allow for the disqualification of benefits under its "willful misconduct" rule where an employee is terminated for excessive complaining about working conditions, hours, wages, co-workers, supervision, or any one of a variety of things.
For example, excessive complaining by an employee would be misconduct if it is shown that the employee's work suffered, or if the employer's interests were otherwise damaged as a direct result of he or she persistently leaving their work station for the purpose of griping to co-workers.
Key things to consider when considering terminating an employee for filing complaints:
1. Were the complaints justified?
2. Were the complaints registered through proper channels?
3. Were the complaints affecting the claimant's work or that of other employees?
Remember, there is no misconduct when if the employees complaints are justified, and registered through proper channels.
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About McCabe Consultants
When it comes to Human Resources expertise, knowledge is POWER!
When you add our expertise, support, and guidance to your team you can be confident you have the HR expertise you need to mitigate your risk and exceed your business goals. We do so much more than HR! Our goal is to help you build a stronger and more profitable business so you can have peace of mind and enjoy the fruits of your labor.
Sincerely,
McCabe Consultants
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