The U.S. Citizen and Immigration Services (USCIS) has a revised I-9 form for use starting April 3, 2009. You will need to use your current form until that date. Watch for an update from us on or after April 3rd, informing you that the new form has taken effect.
There is a Spanish version available as well. It may be filled out by employers and employees in Puerto Rico ONLY. Spanish-speaking employers and employees in the 50 states and other U.S. territories may print the form for their reference, but may only complete the form in English to meet employment eligibility verification requirements.
You will use this revised form for future employees; there is no need for existing employees to complete the new document.
On January 29, 2009, President Obama signed a bill into law (the Lilly Ledbetter Fair Pay Act) that overturned a U.S. Supreme Court decision that a person could not sue for pay discrimination that is not reported within the required 180 days. The plaintiff had argued that discrimination occurred - and the clock restarted - every time she received a paycheck for compensation that was less than her male peers. The justices disagreed.
However, in response to the widespread criticism of the ruling, the House passed the new Act, which states that discrimination would be deemed to occur every time a new paycheck is delivered, even if it is years after the decision that gave rise to it.
The Ledbetter Act is complex and retroactive to May 28, 2007, (the day before the U.S. Supreme Court ruled against Ledbetter in her lawsuit). That means that it applies to all such pay discrimination charges that were pending on or after that date.
If you think you may have issues with male employees being paid more for the same job than their female counterparts, we recommend that you give us a call as soon as possible!
Have you updated your Employee Handbook and employment postings to communicate the new provisions for military family leave? Here are the two new qualifying events which entitle an eligible employee to FMLA:
- Eligible employees with a spouse, son, daughter or parent on active duty or call-to-active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions and attending post-deployment reintegration briefings.
- FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.
Do you need you handbook or posters updated? Give us a call…
Dear Clients and Friends:
As our country continues to struggle in this economy, we can be grateful for the many businesses that are still “hanging in there” and retaining their workforce. I’ve provided some ideas below to help you during this time. If you have other thoughts that we can share with readers, please send them to me and we’ll get through this supporting each other. In addition, if there are other topics that you would like addressed in future newsletters, please let me know.
Have a prosperous January and don’t forget to have fun!
~ Terri Olson
In order to reduce company expenses and remain fiscally healthy during a declining economy, there are numerous things that can be done before considering cutbacks or a layoff. The best decisions will protect your most valuable asset…human capital! Consider the following:
- Employees can be engaged in developing strategies. Communicate your concerns to employees and ask for suggestions on cost-cutting and/or generating new revenue.
- Look at less profitable lines of business or activities in the company. Are there product lines that can be dropped or can you, at least, cut back on the marketing efforts? Are there redundant processes or other kinds of activities that could be eliminated to save money?
- If cutbacks are needed, are there top performers that you can move to other departments to protect their jobs, continue to benefit from their talents and give them a new challenge?
- If you’re paying 100% of the employees’ health insurance premiums, what is the impact on your bottom line to set up a 125 Plan and have employees pay 20% of their premiums with tax-free dollars? This helps stabilize the company and everyone gives up a little to protect their jobs and those of their co-workers.
- Check out the EDD; they have a part-time unemployment benefit for employees that job-share when the employer has cutbacks.
Need more ideas? Call or e-mail us.
Employers must track work related accidents (except first aid) during the year on Cal/OSHA Form 301 and complete the Cal/OSHA 300A report for posting February 1 through April 30th. The posting should be in an area accessible to all employees. Need the documents? Go to http://www.californiaosha.info
As you know, California now prohibits text messaging while driving (that just seemed like a “no brainer,” but nevertheless…). Make sure that your Employee Handbook addresses this issue for employees that drive on company time and for company business. In addition, you may also be experiencing problems with employees text messaging during working hours. This disciplinary issue should be addressed as soon as possible or employees will assume it is acceptable. Most employers don’t allow employee use of personal mobile phones during working hours or, at least, require employees limit their conversations to critical calls. Critical calls can include a latch-key child calling the parent to announce his/her safe arrival to home. Of course, a call interrupting your employee’s work to ask, “Mom, where is the peanut butter?” is not considered critical (well, maybe it is to the child!). Whatever your policy, make sure you include it in your handbook so all employees know of your expectations and boundaries for professional behavior and work ethics.
Merry Christmas!
This year has been a huge blessing with the pleasure of serving wonderful clients that made this dream possible and this business so fun! I want to take this opportunity to thank each of you for your business and confidence in our services this past year. I hope and pray that 2009 will be one of recovery for our economy as well as stability and growth for your business. May you and your family have a wonderful, safe and blessed holiday season. We’ll see you next year!
~ Terri Olson
If your business is fortunate enough to afford a Christmas celebration or holiday gathering, you may benefit from a few tips to make it pleasurable instead of ending in “drama!” Here are several ways to increase the chances of everyone having a great time:
- If you’re serving alcohol, we recommend you limit consumption by issuing drink tickets to each employee. If an employee does not drink, s/he may give the drink tickets to another employee, so the opportunity to overindulge is still there. A catered lunch at the office is always a good alternative. (BTW, I know a great caterer!)
- You may want to remind employees of your policy on unlawful harassment, especially sexual harassment. When employees get in social situations, especially when alcohol is involved, they can be less inhibited and more inclined to behave inappropriately.
- Post or issue a notice to employees to remind them that this event is voluntary; any injuries sustained as a result of their participation are not covered by workers’ compensation. Need a posting? .
Do you have a specific concern about YOUR holiday party? Give us a call…
Even retailers aren’t as busy as they hoped this season. Regardless of your business, if you find that you don’t have enough work for all of your employees and want to send some home early, there are requirements on how many hours to pay. Employees who report to work must be paid one-half of their scheduled work day with no less than two hours. For example, a full-time (8 hour) employee needs to be paid four hours; a part-time employee scheduled for three hours must be paid at least two hours for reporting to work. Of course, there is no compensation due if you called the employee before the shift to cancel his/her schedule for that day.
With gas prices going down, the standard mileage rate for computing the value of the business use of an automobile will decrease to 55 cents-per-mile on January 1, 2009. The business mileage rate was 50.5 cents in the first half of 2008 and 58.5 cents in the second half due to the huge increase in the price of gas. Employers may use this standard mileage rate to pay employees for use of their cars for business related mileage. The standard mileage rate is the maximum a business can deduct for expenses. The amount you reimburse employees for business travel can be less.
“Opportunities don’t present themselves in ideal circumstances. If you wait for all the lights to turn green, you will never leave your driveway.”
John W. Maxwell
This is certainly a time to look (under rocks, if need be!) for opportunities. With a new year fast approaching, we all hope for better days to come and an economy that will soon turnaround. Of course, as an HR professional, I’m always thankful for a year that passes by without massive additions to our already cumbersome employment laws! The information below provides update and insight for those of you who are challenged with managing your company’s human capital. Please let me know if you have questions on the topics discussed this month or if you have other “burning” issues you would like to see addressed. Have a blessed and safe Thanksgiving holiday enjoying family and friends. I’m spending it with my new husband, David!
Terri Olson
To provide you with more information on this topic since our last newsletter, the DLSE has confirmed that they will comply with the court’s decision regarding the issues of meals and breaks. Although the court’s decision in the Brinker case isn’t law, their rulings became effective immediately and the DLSE is applying the decision to claims under their review. This decision provides relief to the numerous claims being filed each day against employers. However, we continue to advise encouraging employees to take their appropriate breaks and meals to prevent poor morale. For a legal opinion on this matter, please refer to the article by the law firm that we use, Payne and Fears…
California Governor Arnold Schwarzenegger signed legislation on September 30, 2008, amending overtime exemption requirements for employees in the computer software field to add an annual salary limit. Existing law exempts professional employees in the computer software field from overtime compensation requirements if the employee is primarily engaged in work that is intellectual or creative, the employee’s hourly rate of pay is not less than $36, and the employee meets other requirements under the law. This law is amended to provide that the overtime exemption for employees in the computer software field applies if the employee is paid at an hourly rate of not less than $36 and, if the employee is paid on a salaried basis, the employee earns an annual salary of not less than $75,000 for full-time employment, which is paid at least once a month and in a monthly amount of not less than $6,250. This law took effect on immediately on September 30, 2008. (A.B. 10, Laws 2008) Information provided by CCH.
Since the episode of “Grey’s Anatomy,” where the fictional doctors at Seattle Grace hospital were asked to sign so called “love contracts” whenever any member of the staff started having sexual relations with another employee, employers have wondered whether these “consensual relationship” agreements will save them from liability when the relationship goes sour. According to Fisher & Phillips labor and employment law attorney Ann Margaret Pointer, a “love contract” or “consensual relationship” agreement is a “written confirmation that two employees’ romantic relationship is voluntary, and that they both understand and know how to use employer policies that deal with harassment in the workplace.” The contracts are essentially a means for companies to limit their liability when employees enter into a relationship with one another. If you have employees involved in romantic relationships, consider asking your employees to sign a “love contract.” Ask us for more details…
