If you have 100 or more employees, don’t forget to file your EEO-1 Report with the Equal Employment Opportunity Commission. This report is required and collects data about gender and race/ethnicity by job grouping. You can submit the report on-line at http://www.eeoc.gov. Need more information? Give us a call.
FRD is a form of gender or disability discrimination created by hostile or unequal treatment of an individual because of caregiving responsibilities. Workers may file a complaint with the Equal Opportunity Employment Commission (EEOC) if they feel they have been discriminated against in the workplace.
While no federal statute expressly grants protection from discrimination based on caregiving obligations, a variety of federal statutes have been used to assert FRD-related claims, including Title VII, the Pregnancy Discrimination Act, the Family and Medical Leave Act, the Americans with Disabilities Act, the Equal Pay Act, and others. Also, some state and local laws expressly protect caregivers against discrimination based on “parental status” or “family responsibilities.” An organization’s effective handling of workers’ caregiving responsibilities has become a significant issue of risk management.
Examples of FRD include:
- giving promotions to less qualified fathers or women without children rather than to highly qualified mothers;
- developing hiring profiles that expressly exclude women with young children;
- terminating employees without a valid business reason when they return from maternity or paternity leave;
- giving parents work schedules that they cannot meet for childcare reasons while giving non-parents different schedules; and
- fabricating work infractions or performance deficiencies to justify dismissal of employees with family responsibilities.
Review your policies to make sure you don’t leave your company exposed to FRD claims.
HR Prescriptions is proud to have Tayco Engineering in Cypress as a long-term client. Founded by Charles Taylor in 1970, the Company is still family owned and employs a culturally diverse group of 110 people. Their products include a wide variety of components principally for the aerospace industry with over 8,000 different designs of heaters, temperature sensors and a unique form of flexible circuits. Every single satellite produced in the free world employs devices produced by Tayco. Out of 17 different competing companies, Tayco was selected by NASA to correct the O-ring problem on the Space Shuttle. The Company has been visited by seven different astronauts who presented awards for outstanding performance in the support of the aerospace industry. The next time you watch action in space or think of the benefits of satellites, remember that it all started with devices from Tayco Engineering!
Do you have hygiene problems in your men’s or ladies restrooms? Frustrated with the male restroom etiquette in his company, an HR colleague posted these statements in his men’s lavatory and found dramatic improvement:
• Our aim is to provide employment – your aim is also appreciated.
• Used toilet paper is properly discarded in the toilet – no where else.
• Used paper towels are properly discarded in the waste basket.
• The floor is to walk on – not an extension of the waste containers.
• The walls are there to hold up the ceiling – not to mark up or write on.
• The sink is to wash hands – use the kitchen sink for all other washing.
• Keep germs at bay – wash your hands before returning to work.
We’re still waiting for the ladies room edition!
Employee blogging is an element in the modern workplace that is unlikely to be just a trend. Have you found employees blogging during working hours or making negative comments about your competitors (or worse, YOU!)?
Do you want to embrace this new facet of communication or maybe have requirements for no participation at work? Regardless of your outlook on blogging, it is beneficial and highly recommended that you have a policy addressing your expectations.
For example, you want to state:
- your view on blogging and other social media
- if you have a Company blog, clear terms of your position regarding usage and disclosure of the employees’ identities when commenting on the Company
- a ban against offensive or harassing language, negative comments about other employees or competitors
Not sure how to word your policy? We can help.
Employees have a right to review their personnel files in the presence of the HR Manager/ Administrator or the employee’s supervisor. The employee may take notes, but may not add to or take from the personnel file. In addition, the employee has a right to a copy of any document in the file that bears his/her signature. The employee does not have a right to review investigation reports, reference checks or background checks. Need more details? Give us a call.
Maggie Hattan, another “seasoned” professional, has returned as a Consultant for HR Prescriptions after completing a long-term assignment with one of her clients. As many of you know, Maggie is bilingual - Spanish - and offers translation and interpretation services to our Spanish-speaking clients and their employees. Give us a call if you need training, employee counseling or any of our HR services in Spanish.
HR in Politics...
The first week of June was the highlight of the month as I participated with hundreds of other Chamber members nationwide to attend Workforce Freedom Airlift in Washington, D.C. to lobby against the Employee Free Choice Act (EFCA). Although I’ve NEVER had any interest in politics before, I am passionate about opposing this bill that would seriously harm businesses both big and small.
If you want more information on our visit, let me know. Otherwise, read on for some HR tips that will help you in managing your HR function this month.
~ Terri Olson Spreen
If you require your non-exempt employees to wear apparel and accessories of a distinctive design or color, that is considered a “uniform” under California wage orders. If you have chosen not to maintain those uniforms, the DLSE requires you to pay the employee a weekly maintenance allowance of one hour’s pay at the State minimum wage (currently $8.00), assuming that an hour is a realistic estimate of the time it takes to maintain the uniforms. Need more information? Give us a call.
A recent survey found that 30% of employers have placed their company-matched 401(k) contributions on hold during these struggling times. If you find the need to do the same, there are a few things you need to do to maintain your plan’s tax qualified status:
- Modify your plan document and the Summary Plan Description (SPD).
- Make the changes for the future, not retroactively.
- Announce the changes to the employees and provide an amendment to the SPD or a written summary of the amendment. This should be sent before the effective date of the amendment, but no later than 210 days after the end of the plan year in which the amendment is adopted.
- Notify your plan’s record keeper and administrator of the changes.
If you’re tired of running out of hot water at home or work, read this month’s feature on our client, Noritz.
Noritz America manufactures (gas) tankless water heaters and is the world’s most advanced tankless technology leader. Noritz tankless water heaters heat water efficiently, while providing an endless supply of hot water. A tankless water heater works on-demand, meaning they turn on and heat water only when needed. When there is no demand for hot water a tankless water heater is in an off/idle state using no energy, which results in significant savings in water heating costs.
Coupled with the compact size and broad selection, Noritz tankless water heaters can be installed virtually anywhere for all types of applications (residential, commercial, even hydronic heating.) Through the Stimulus Package homeowners can receive up to $1,500 in Federal Tax credits for installing an ENERGY STAR rated Noritz tankless water heater.
If you’re near our showroom in Fountain Valley, visit Noritz to experience tankless firsthand and see the benefits of a tankless water heater. Just tell them Terri Olson Spreen sent you!
For more information about Noritz America please visit http://www.noritz.com.
Clients and Friends:
This has been an interesting month with the country concerned about a Swine Flu Pandemic, raising the question of whether or not we, as employers and business owners, are prepared for such a health emergency. That and the latest on web filing employment applications are addressed below right after “A Dose of ...,” where we feature one of our great clients and introduce you to their services or products (you could be next!).
Wishing you a strong and prosperous month,
~ Terri Olson Spreen
If you work, live or frequent the Los Angeles area, our client CAMACHO’S INC. has five amazing restaurants to delight your palette! El Paseo Inn graces Olvera Street where you can enjoy a bit of history, people watching and great Mexican food. On the Santa Monica Pier, Mariasol provides a beautiful view and wonderful menu. When the weather is perfect, you won’t want to leave!
Just walking up the sidewalk to Liberty Grill will have your mouth watering as they grill their fish and meats on almond bark. Whether you eat indoors or enjoy the outdoor patio and bar, you’ll love this peaceful setting among the commotion of the neighboring Staples Center and Nokia Theatre. For a wilder setting, take a walk down Universal CityWalk and stop at Camacho’s Cantina for a festive setting and icy margarita.
If you’re in Las Vegas for the weekend, check out their newest location, Camacho’s Cantina Aliante, offering unique cuisine inside the fun-filled Aliante casino. This family-owned business has been a client since 2005 and we’ve loved working with them. For addresses to each location, go to http://www.camachosinc.com.
Although the panic seems to be dying down over this latest version of flu, it does raise the question of whether we as managers or business owners are prepared for such an urgent matter.
Do you have a disaster plan in place whether it’s for a flu pandemic, massive earthquake or other such emergency that could devastate your business? Do you have your personnel files in fireproof filing cabinets to protect them from damage / loss in a fire? Do you have an Injury and Illness Prevention Plan (required in California) and designated personnel that are prepared to act in the case of a safety emergency?
All of these issues - whether we like to think of them or not - determine whether a business can recover rapidly from an emergency. If you need help in getting started, we can provide answers and/or resources.
Have you heard about the latest method in recruiting? Some companies have started taking employment applications via video! This creative method is done by incorporating Web 2.0 functionality onto your website, so that applicants can apply for your open position by uploading their personal video.
Of course, there are some risks to this recruiting method, mainly that you are subject to discrimination complaints if you don’t like what you see (e.g., the candidate’s physical appearance or mannerisms). Eliminating a candidate before s/he completes an employment application is risky. Regardless of the risk, web filing is, most likely, the wave of the future.