January, 2010     

 
 

Hello! 
January is gone ... wow, that was fast!  2010 is moving along faster than some are ready for!  Hope "you" are on track and that all is going well. 

With the start of this new year I want to share with you this month several things all employers should do to help protect their businesses and stay in compliance with the law:  In addition, my main article is a "major" reminder of how important it is for you to maintain a non-biased environment within your workplace this year.  Do scroll down and review some sobering facts on the number of  EEOC complaints that were filed in 2009.  And, our quiz is back ... it's a tricky one. Give it a try. 

Starting with some "must do's" for your business this year: 
 

Injury / Illness Summary (Form 300A) 
Must Be Posted Starting February 1

It's time to post your Occupational Safety and Health Administration's (OSHA) Form 300A, the summary of job-related injuries and illnesses that occurred last year. Unless you have 10 or fewer employees or fall within one of the industries normally excused from the Occupational Safety and Health Act's (OSH Act) recordkeeping and posting requirements, you're required to post OSHA Form 300A (not the OSHA 300 form/log) annually from February 1 to April 30. A complete list of exempt industries in the retail, services, finance, and real estate sectors is posted on OSHA's website at www.osha.gov.

The OSHA Form 300A summary must list the total number of job-related injuries and illnesses that occurred in 2009 and were logged on the OSHA 300 form. Additional information about your annual average number of employees and total hours they worked during the calendar year also is required to help the agency calculate incidence rates. Even if you had no recordable injuries or illnesses for 2009, you still must post the OSHA Form 300A, listing zeros on the total line. All summaries must be certified by a company executive.

You can find copies of the OSHA Form 300A at OSHA's recordkeeping webpage along with the OSHA Recordkeeping Handbook, http://www.osha.gov/recordkeeping/index.html which answers frequently asked questions and provides other information that will help you comply with your recordkeeping obligations. 

One final note: Even if you're excused from the recordkeeping requirements, all employers otherwise covered by the OSH Act must orally report to the nearest OSHA office within eight hours all fatal accidents and accidents involving the inpatient hospitalization of three or more employees.

Source: HRHero.com

 
5 New Year Resolutions 
Every Employer Should Keep in 2010

  1. Update your job descriptions to include the new ADAAA provisions and ensure proper FLSA (exempt/hourly) status. 
     

  2. Update your Employee Handbooks to include the Ledbetter Law, new FMLA Military Leave, ADAAA and GINA (the Genetic Information Non-Discrimination Act). 
     

  3. Update your federal posters to include GINA and new FMLA (mandated by the Federal Government on 11/21/09).
     

  4. Provide notification of extended COBRA benefits. All employers offering benefits ensure COBRA administrators are giving notice to laid off employees about their extended benefits.
     

  5. Conduct EEO/Sexual Harassment and Safety Training if you have not done so in the past two years. (California requires training every two years and a few other states require annual training.) 

         Source: www.dasHRconsulting.com

If you have questions or would like some assistance in handling these suggestions, please don't hesitate to call MJ Management Solutions at 480-924-6101, or if you would like to schedule training for your employees either on-site or via webinar, send me an e-mail at Margaret@mjms.net. 
We are here to help you.

 
And our quiz .... 

Employer A denies all requests by employees who ask to use their accrued paid vacation during a period of military service in order to continue their civilian pay. Employer B requires that all employees use their accrued paid vacation during their absences for military service. Which of these employers is violating the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994?
 

A) Both Employer A and Employer B are violating USERRA

B) Neither Employer A nor Employer B is violating USERRA

C) Only Employer A is violating USERRA

D) Only Employer B is violating USERRA
 
 Answers are found at the end of our main article.
 

EEOC: Near-Record Number of Bias Complaints in 2009
 

If you think that employees are more hesitant to file formal complaints against their employers or former employers in bad economic times — for fear of retaliation or bad references — think again.

The federal Equal Employment Opportunity Commission (EEOC) is reporting that it received 93,277 bias claims nationwide in 2009. This represents the second-highest number of annual employee complaints in EEOC history, coming in just shy of the record set in 2008.

Of the total number of bias complaints, 85,980 were filed against private-sector employers. The number of race and age discrimination claims held steady with last year's numbers, while complaints of disability bias and retaliation rose markedly. The number of claims alleging discrimination based on national origin and religion also rose slightly.

Overall, continuing a decade-long trend, the most frequently filed charges with the EEOC in 2009 were those alleging discrimination based on race (36%), retaliation (36%), and sex-based discrimination (30%).

The cost to employers of this near-historic number of claims? The EEOC alone recovered more than $376 million from companies on behalf of employees last year. This figure doesn't include those cases that went on to a civil court and were either settled or resolved through litigation or trial. Nor does it reflect the cost to employers of defending against these claims.

Now more than ever, you must be careful to ensure that your supervisors are trained on what the law requires and how to handle bias allegations when they arise. And at the HR end of things, prompt and effective internal investigations of all complaints are a must.
Source: (c) Copyright 2010, Employer Resource Institute
  

Answers to the  quiz:
Your Response: A Correct
Both Employer A and Employer B are violating USERRA 

Explanation: 
An employee must be permitted, upon request, to use any accrued vacation, annual, or similar leave with pay during the period of service in order to continue his or her civilian pay. The employer may not require the employee to use accrued vacation, annual, or similar leave during a military service. The employee is not entitled to use sick leave that accrued with the employer during a period of service in the uniformed services, unless the employer allows employees to use sick leave for any reason, or allows other similarly situated employees on comparable furlough or leave of absence to use accrued paid sick leave. Sick leave is usually not comparable to annual or vacation leave; it is generally intended to provide income when the employee or a family member is ill and the employee is unable to work (20 CFR Part 1002.153(a)). 

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ABOUT MJMS, INC.

President and Principal Consultant: Margaret Jacoby, SPHR

Margaret Jacoby has more than 25 years of Human Resources and professional management experience in a variety of industries. She has designed human resources infrastructure and implemented systems to ensure compliance with state and federal employment laws. She has directed high quality human resources functions for small and emerging businesses, and served as an external consultant to a wide range of diverse organizations, including non-profits.

Her work has included:

  • Conducting H.R. Needs Assessments

  • Drafting employee handbooks and policy manuals

  • Conducting job analysis and developing position descriptions

  • Conducting on-site compliance audits

  • Counseling management on progressive discipline

  • Drafting and review of employee disciplinary actions

  • Providing mediation in employee/employee conflict

  • Training employees/supervisors/managers in the implementation of human resources systems and policies such as Sexual Harassment

  • Conducting workshops for business owners on H.R. compliance issues.

Ms. Jacoby has earned the nationally-recognized certification of Senior Professional in Human Resources (SPHR) from the HR Certification Institute, Society for Human Resource Management (SHRM).

Ms. Jacoby's professional affiliations include:

  • Professionals in Human Resources Association (PIHRA)

  • Society for Human Resource Management (SHRM)

  • National Association of Women Business Owners (NAWBO), Los Angeles and Phoenix

  • California Chamber of Commerce

  • Arizona Small Business Association (ASBA)

  • Long Beach Community Business Network (LBCBN)

  • Institute for Management Consultants (IMC)

The information contained in this newsletter is provided as general information and is not a substitute for legal or professional advice. The information is provided by MJ Management Solutions, Inc. and while we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the newsletter or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
  

Phone: 480-924-6101 and 310-798-4569     Fax: 408-452-1429 
margaret@mjms.net • MJ Management Solutions, Inc.