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Bottom Line Human Resource Issues
September 2008
In This Issue
Heads Up
Upcoming Workshops
Pre-employment Assessments Work
Meal and Rest Breaks - In Limbo
UI Reports are Out
ADAAA is signed
HEADS UP...
 
EEO-1 Reports are Due September 30. 2008
 
 
Employers plan average salary budget increases of 3.9% in 2009, according to 
WorldatWork, the professional compensation and benefits association.  (AHEM - this survey was taken  prior to the stock market crash....)
Our Upcoming Management Workshops
 
2008 Employment Law Update
 

Presenter: Jeremy Millstone Employment Law Counsel
 Millstone Peterson & Watts, LLP 
 
December 5, 2008 at
9 am and 1:30

Sacramento, CA

 
$40 for Silvers HR retained clients:  $75 for all others
 
 
 
 
 
 
 
 
 
 
 
Harassment Prevention for Supervisors and Managers
 
Elk Grove Toyota
December 3, 2008
9-11:30 am
 
Fees vary - call us

Reservations are required for all classes.
Contact Joanne Christman at (916) 791-8506 or
(530) 676-9583



Quick Links
www.silvershr.com


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Silvers HR Management, LLC

(916) 791-8506

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(530) 676-9583

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::
The Top 10 Reasons to Use
Pre-employment Assessments
By Jennifer A. Leake,  The Assessment Pro
 
 
When training, I sometimes find myself in a classroom full of eager students with the realization that the training won't make a difference in the work performance of some of them.  The reason?  They are a terrible "fit" for the role or position they are in, something training doesn't address or fix.
 
Therefore, the selection process is the most important point of action to impact business profitability and production.  When you consider the true cost of hiring a below average performer, the most thorough selection process costs less than hiring the wrong person for one week.  The best way to avoid marginal performers or to reduce people problems is to not hire them in the first place.
 
At a recent meeting with a CEO of a regional bank, I shared a handout with the subtitle, "60% of a manager's time is spent fixing people problems."   Imagine my dismay when he turned and said I had a typo on the page.  When I asked him where, he pointed to the subtitle.  "That number should be 95%," he informed me.  Not surprisingly, they now use pre-employment assessments.

 Here are the top 10 reasons to consider assessments in your hiring process:
 
1. According to the U.S. Department of Labor, 90% of all resumes have false information, and 95% of applicants interviewed will "exaggerate" to get the job.
 
2.  Former employers are generally hesitant to reveal anything that's valuable to you.
 
3. The cost of hiring the wrong person (even a minimum wage employee) can easily exceed $8000.
 
4. You can't train your way out of a bad hire.
 
5. Most hiring decisions are made in the first 5 minutes of the interview.  The rest of the interview is used to justify our decision.
 
6. "Gut" hiring creates excessive turnover and lowers morale among other workers.  Research shows that 80% of employee turnover is avoidable if candidates have a good "job fit."
 
7. Assessments predict behavior that will surface after the initial "honeymoon" of good behavior ends.
 
8. Good employees often fail because they either don't "fit" the job, or dislike what they are doing.
 
9. Disruptive behavior costs businesses millions of dollars in theft, absenteeism, computer abuse or lawsuits.
 
10. Assessments save time in developing people if the right person is on board from the start.  

With today's variety of options, there are assessments to fit every need and budget.  Hiring in the dark is a thing of the past.
 
 
Contact Silvers HR to learn more about affordable pre-hire assessments.
Meal and Rest Break Management 
in "Limbo"
By Kim Silvers, SPHR
 
If you're in our retained client email loop you've been notified that the California Court of Appeal issued a recent decision that has several important interpretations for California employers on how meal and rest breaks are provided.  (Brinker Restaurant Corp. v. Superior Court of San Diego County (Hohnbaum), (2008) ___ Cal.App.4th ___ , 2008 WL 2806613.)  This is a significant and helpful decision that allows employers more flexibility in scheduling and managing meal and rest breaks by only providing them rather than enforcing them. 
 
However, as we predicted, the Brinker decision has been appealed to the California Supreme Court.  The Supremes now have 60 days to determine if they want to accept the case for review. If so, the recent court decision will be vacated until the CA Supreme Court rules on it (usually 1-2 years) and employers will be expected to manage meal and rest break enforcement as they have prior to this decision.
 
Although this decision gives employers more flexibility in allowing non-exempt employees to "eat at their desk" or work through lunch, we're not ready to bring out the party hats. We don't believe employers should change their actions toward ensuring meal and rest breaks are taken.  Until this court decision is finalized we believe it is important to give non-exempt/hourly employees notice that meal and rest breaks are "authorized and permitted."  Meal breaks should be enforced for non-exempt employees. (Rest breaks should be authorized and permitted, but  employees may choose to waive the rest break only.  This choice should be documented on each time record.)
 
If you are one of our retained clients you have received the  time sheet and break room postings we recommend be published to lessen the employer's liability for meal and rest break claims.  Please give us a call if you have any questions.

Your Fiscal Year Unemployment Insurance Reports - Check 'Em Out!
by Joanne Christman 
 
As a California employer you have probably received your first of two annual EDD reports mailed recently. The first report is the "Notice of Contribution Rates and Statement of UI Reserve Account" (DE 2088) for the calendar year 2008.  This report breaks down your UI reserve account balance beginning with your previous year's balance. Following that balance are itemized credits to your account and charges posted against the account.
 
The California UI Rate Schedule is determined by the ratio between the UI Fund balance and the total wages paid by all employers. All tax rated employers are rated under the same schedule based on their UI reserve ratio.  The UI rate schedule in effect for 2008 is Schedule "F+." This is Schedule F plus a 15 percent emergency surcharge, rounded to the nearest tenth. (Can you see the high CA unemployment rate reflected here?) Schedule "F+" provides for UI contribution rates from 1.5 percent to 6.2 percent. The taxable wage limit is $7,000 per employee. (The more employees hired, the more UI taxes paid, get it?)
 
We encourage employers to verify all calculations on their annual report  (starting with the previous reserve balance). Any item may be protested within 60 days of the mail date. An explanation of the report and rate schedule can be found at:  http://www.edd.ca.gov/pdf_pub_ctr/de2088c.pdf. You can also view the Employer's Guide (DE44) which introduces valuable information at the following web site:  http://wwwedd.cahwnet.gov/pdf_pub_ctr/de44.pdf.

The second EDD report  you will receive is the "Annual Statement of Charges to Reserve Account" (DE 428T) which will arrive in mid September. This report lists all former employees that your account has been charged for in the previous fiscal year (July 1, 2007 to June 30, 2008). Any unemployment claim that you have protested and received a favorable ruling for, if posted as a charge to you on the Annual Report, should be protested. Protests must be submitted to the EDD within 60 days of the mail date. If your protest is accepted, you will receive an amended DE 2088. Monitor your protests and, if necessary, contact EDD for the status. Yes, it is possible to get a charge reversed!
 
Americans with Disabilities Act Amendments Signed
 
President Bush just signed the much anticipated Americans with Disabilities Act Amendment Act of 2008 (ADAAA).  The new law goes into effect on January 1, 2009, and will expand some of the provisions of how a disability is viewed, such as what  "substantially limits" and "major life activity" entail. We will be covering the impact of the ADAAA and several other new laws and court cases at our Legal Update seminar on December 5, 2008 in Sacramento.  Contact our office to register.