November, 2009

Hello ...

It's Thanksgiving and the perfect time for me extend my thanks to all my readers ... whether you are clients, prospects, or colleagues ... I appreciate your continuous support of my monthly "HR Tips and Tools" and hope that the information presented each month is helpful. I also hope you have some great plans for the Thanksgiving holiday ... do stay safe!

In the spirit of the upcoming holiday season, MJ Management Solutions would like to show our gratitude to all of our clients, colleagues, friends and family who have supported our business this year. Be sure to keep the coupon at the end of the newsletter for savings through the end of the year.

Here are some "end of the year" tips for keeping your business current with HR requirements.

Poster Updates There have been lots of changes in employment law over the past 12 months many of them requiring new posters for the workplace. As the end of the year approachs, review your posters and be sure that you have the latest versions. Here are some areas to pay particular attention to: Federal Minimum Wage Posting (latest increase July 24, 2009) Family Medical Leave Act (FMLA revised January 16, 2009) Equal Employment Opportunity (changes under GINA, ADAAA, JVA and VEVRAA) OSHA's "Right to Safe & Healthful Workplace" USERRA Rights Notice Employee Polygraph Protection Act Notice AZ - Minimum Wage - no change for 2010 AZ - Mandatory Poster - MRSA, spinal menengitis Get a free copy here: http://www.ica.state.az.us/docs/posters/WorkExposuretoMRSA.pdf CA - Notice of Withholding (latest revision 1/09) NV - Unemployment Insurance (latest revision 8/09) NV - Discrimination (latest revision 3/09) Reference: Department of Labor Wage and Hour Current Regulations. http://www.dol.gov If you need to replace your posters, here is a great resource - All In One Poster Company - they are up-to-date, compliant and very cost-effective. You can order on line at www.AllInOnePosters.com. You can also check our website www.mjms.net/webforms.html. Our website has copies of the revised posters such as: FMLA, AZ Work Exposure, New Form I-9.

Mandatory FLSA Recording Keeping for ALL Employers! While we are getting ready for the new year, checking posters is not the only task we should be doing. The U.S. Department of Labor (DOL) and each state labor division require that employers keep certain records for each non-exempt (hourly) employee. The list below is the MINIMUM required, and keep in mind other laws require additional records or information, such as I-9 Forms, W-4s, etc. for all employees, not just hourly. If you are not currently keeping this information for your employees, NOW is the time to start. Remember, much of this is confidential information and must be maintained in a safe and secure manner. There should be no general access to the records. For a general checklist of contents in an employee's file, send us an e-mail at margaret@mjms.net and we will send you a pdf check list. The federal law requires this information be accurate on all current AND past employees. Here is the Checklist the DOL uses to audit YOUR files! Employee's full name and social security number Address including zip code Birth date Sex and Occupation Time and day of week when employee's wages are paid (hour/piece/weekly/commission/etc.) Regular hourly pay rate. Total daily or weekly straight-time earnings. Total overtime earnings for the workweek. All additions to or deductions from employee wages. Total wages paid each pay period. Date of payment and the pay period covered by the payment. If you have questions regarding these requirements please call us at (480) 924-6101 in AZ or 310-798-4569 in CA or send an e-mail to margaret@mjms.net.

Be Careful How You Pay Exempt Workers This Holiday Season This year Christmas Day and New Year's Day fall on Fridays. And, in some industries, it is a common practice to shut down operations for either one or both of those holiday weeks. If you are among those employers who will be closing the doors during the holidays, be sure you have communicated your plans and expectations well to all employees, both exempt and non-exempt. Exempt workers, usually supervisors, managers, and professionals, must be paid in one-week increments, regardless of the amount of time they work during the week. That literally means if an exempt person works for only five or ten minutes checking voice mail or email they will qualify for the entire week's pay. So, if you are planning to close your doors for a week or more, and have notified employees that the closure will be logged as unpaid time off, be sure you communicate clearly to your exempt people that they are prohibited from doing any kind of work during that time. If, on the other hand, you want exempt people to "stay on top of things," log their time as paid on your payroll and cut a check for the entire week's work. Pay for the holiday is pay for non-worked time. Only work time is considered when determining if an exempt person should be paid for the entire week. Non-exempt workers are supposed to be paid for the hours they actually work, so it is perfectly acceptable to have them work for short periods during your "closed weeks" as long as you pay them for those hours of work. Reference For Above: Copyright, 2006 by The Management Advantage, Inc.

and ... are you planning a holiday party? Read our next article.

While everyone likes to celebrate the end of the year and the holidays, employers need to remember that there are exposures and potential liabilities if not careful. There are pay issues, workers' comp exposure, potential harassment situations. With a little forethought and pre-planning, employers can limit the exposure and still provide a wonderful experience for the employees.

Here are some things to think about as you plan your end-of-year celebrations.

Parties during working hours or functions that employees are required to attend are considered "worktime," which means employees have to be paid. However, voluntary off-duty events are not worktime.

Of course, the greatest risks are associated with events where alcohol is served. For example, permitting alcohol at events increases your company's potential liability for workers' compensation and limits your ability to defend these cases.

When employees get drunk at authorized office parties, their injuries are usually covered by workers' comp. Similarly, while car accidents on an employee's drive home are ordinarily not covered, accidents are considered work-related if caused by someone who became intoxicated at an office party.

A company can also be liable if any drunken employee injures another person or damages their property. One Court held a company responsible for an employees' brawl, noting that at company parties "a fight between people who have been drinking is not unexpected."

Besides injuries, problems may arise due to the lessened social inhibitions. Harassment (sexual or otherwise) may be prompted by a loose tongue or slightly buzzed brain. If an individual is upset by an unwelcome romantic advance, an unkind joke, or other alcohol-induced faux pas, you could face a claim for a hostile work environment.

Here are some practical suggestions to decrease your risks:

• Train supervisors about the company's liability and assign some to keep an eye on the activities, especially concerning alcohol and drinkers.
• Restrict alcohol consumption; if alcohol is served, limit the types of alcohol, the number of drinks, and the time during which it is available.
• Provide food (other than bar snacks and salty items designed to increase thirst).
• Provide a variety of activities and events (besides the bar).
• Have the party away from the workplace, in a hotel, restaurant, or other facility.
• Provide designated drivers, taxis, or other alternative transportation (or arrange for rooms at the facility) to reduce the possibility of alcohol-related car accidents.

  Source: LawRoom 2009

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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.