Terri Olson and Maggie Hattan will review key HR legislative updates for 2008 and how they could impact your business. Attendees will receive a summary of these updates as well as participate in discussions of your current people management issues. A continental breakfast is included.
Date: Tuesday, January 29, 2008
Registration and Breakfast: 8:00 a.m.
Seminar: 8:30 - 10:30 a.m.
Location: HR Prescriptions
444 N. Harbor Blvd., Suite 200
Fullerton, CA 92832
HR Prescriptions’ Advisory and On-Site clients attend for FREE! All others will have a special rate of $69. Become an Advisory Service client before the end of seminar week and be credited $69 towards your annual fee.
As HR professionals, we keep on top of the latest in employment laws and issues that could impact your business. First is the upcoming protest on May 1st. Keep reading for other topics that need review and possible action…
PROTEST OVER FEDERAL IMMIGRATION LEGISLATION
You probably remember the last time we had millions of people protesting over proposed legislation on illegal immigration. The protest resulted in a number of employees failing to show for work. With the upcoming protest on May 1st, 2007, you may be concerned that some of your workforce will be “no shows.” To help you handle the situation, keep in mind that California Labor Code prohibits you from implementing policies that forbid employees from participating in political activities. You are also prohibited from threatening employees with termination for such participation. Employees may also seek protection under Title VII or California’s Fair Employment Housing Act based on national origin or race discrimination.
What can you do?
- Review your policies on vacation/sick/PTO benefits, as well as attendance and leaves of absence. Your policies should require prior approval for time off (except for emergencies) based on the needs of your business and other factors such as seniority, timing of advanced notice, etc.
- If you are at risk for employees being “no shows” on May 1st, post a notice or provide a payroll stuffer with your attendance policy. Remind employees of your “no call, no show” policy and the need to give advance notice for time off.
- Be careful in discussing participation in rallies and possible disciplinary action as you don’t want the conversation to be viewed as an attempt to discourage the employee from his/her political views.
- Treat any request for time off on May 1st as you would any other request, regardless of who is asking and the reason for their desire for time off.
- Any absence due to a walkout should be treated similar to other absences or similar offenses.
- Keep in mind that participants in these rallies or activities are most likely minorities. Any disciplinary action should be taken on a case by case basis and be consistent with company policies and past practices.
DO YOUR PAY STUBS ACCURATELY REPORT TIME WORKED? (AB 2095)
Pay stubs must now accurately report the hours worked in the corresponding pay period, regardless of whether all compensation due is paid in that pay period. For example, an employer pays semi-monthly with the 1st-15th hours paid on the 15th, and the 16th through month-end hours paid on the last day of the month. An employee works 80 regular hours and 3 hours of overtime during the 1st - 15th pay period. She turns in her timecard on payday (the 15th), so you just pay the 80 hours. The 3 hours of overtime will be paid on the next check. The new law requires that you itemize those 3 hours of overtime on the next paycheck, noting the pay period in which those hours were worked.
IMPROVE THE HEALTH OF YOUR EMPLOYEES AND MEET SAFETY TRAINING REQUIREMENTS!!
Would you like your employees to be sick less often and to be more productive when they are at work? Would less work injuries and less utilization of your health insurance program be beneficial to you? Would you like to have an easy and effective way to be in compliance with SB 198? (Do you remember what SB 198 is?) Then a “Lunch and Learn” Program could be ideal for your company! In fact, if you have 10 or more employees who will attend the training and you are located in the city of Placentia, Yorba Linda, Brea, Anaheim or Fullerton, you even get free lunch!
Dr. Bill Davis of Complete Balance Chiropractic and Wellness Center in Placentia is dedicated to the health and well-being of our community. His goal is to help people change their lives by improving their health. He has done successful and enjoyable workshops at businesses, churches, schools and other organizations throughout Southern California. The workshop can be custom tailored to your industry and your employees’ needs. Dr. Davis will answer questions about his practice as well and will pass business cards to those who are interested. Topics offered in the “Be Healthy by Choice” Workshop Series include:
• Health and Wellness Revolution
• Taking Control of your Health
• How to Have More Energy in Minutes a Day
• Proper Lifting
• Office Ergonomics
• Injury Prevention
• Back Pack Safety
• How to Prevent Carpal Tunnel Syndrome
• Eating Right for Your Body
• Easy Daily Exercise Routines
• Stress Management Strategies in Minutes a Day
• Resting Well: The Keys to a Good Night’ Sleep and more!
Terri Olson knows Dr. Davis personally and professionally and highly recommends taking the opportunity to provide free safety training that should benefit your employees in many ways. If you’re interested in taking advantage of his workshops, please give us a call.
We wish you and your business great properity! Please let us know if we can serve you in any way.
Immigration is a hot topic these days and many of you may be asking…
“What changes in immigration laws will affect me as a business owner?”
The good news is, the laws have not changed to date (but keep reading…there is more to this important topic!). However, there are proposed changes in Congress that would affect employers and the penalties for non-compliance. For example, the enforcement provisions that passed last December would require every employer to re-verify all current workers and to verify all new hires using the Social Security Administration and DHS online systems that in the past have been voluntary or pilot systems.
In addition, the DHS is actively pursuing illegal immigrants in many industries. Employers with long-term employees are watching them taken away in handcuffs when their I-9 support documentation has appeared legitimate. Could that happen in your business?
Following is a summary of what currently may affect you:
- The Department of Homeland Security (DHS) is now taking an active role in the enforcement of current immigration laws. The agency formerly known as INS was responsible for this task. The INS has been renamed and is now referred to as the Bureau of Immigration and Customs Enforcement (“ICE”).
- Industries recently targeted are: construction, agriculture, hospitality, garment, food processing and aircraft/aerospace.
- Penalties for noncompliance are:
a. Failure to complete I-9 forms properly can result in a penalty of $110 to $1,100 per form.
b. A first violation of knowingly hiring an illegal can result in a penalty of $275 to $2,200.
c. A second violation can result in penalties from $2,200 to $5,500.
d. Third violations can range from $3,300 to $11,000! At this stage the employer is at risk for criminal pattern or practice liability.
- Employers who knowingly steer illegal aliens to contractors (i.e. temp agencies, sub-contractors, etc.) because they can’t be hired directly, face employment liability and possible criminal sanction.
For an I-9 Audit Checklist or what to do when a government agent visits your business to conduct an audit, please call us at 714.674.0406 or write us at or .
