Archive for August, 2010

“The onslaught of wage and hour litigation continues unabated” – how will you protect yourself?

Tuesday, August 31st, 2010

As companies continue to find their footing in this slippery and unpredictable economy, you shouldn’t lose sight of the importance of solid HR practices in your company. Despite the desire to cut costs – and perhaps cut corners – solid HR is critical in protecting your company against lawsuits, and in weathering the economic storm. We ask our prospects the following five questions when considering, How does their HR bottom line look?

  1. Is your employee handbook up-to-date?
  2. Do your managers understand and comply with progressive discipline practices?
  3. Do you have detailed job descriptions to hold employees to objective standards?
  4. Do your Human Resources practices reduce your liabilities as an employer?
  5. Are you prepared to adapt to changes in Human Resources/Benefits regulations?

If you answered No, or I’m Not Sure, to any of the questions above, you may be placing your company in jeopardy. Recent reports support the tale that during an economic downturn, employment lawsuits rise. A recent overview of the legal landscape by The Legal 500, a 20-year old publication providing comprehensive worldwide coverage on legal services providers, confirmed this fact:

The onslaught of wage and hour litigation continues unabated, although the focus has now turned to cases of greater complexity or those relating to specific industries such as pharmaceuticals or construction. The other main development in this area is the increase in litigation resulting from widespread reductions in force. As the hostile economic climate of 2009 forced workers to scrutinize the reasons for their termination in more detail it made them more likely to pursue claims of wrongful termination when they couldn’t secure employment elsewhere. Along with these trends, new legislation continues to fuel changes in the employment landscape.

What are you doing to protect yourself?

In our next post, we will discuss two cost-effective ways employers can protect themselves from the ever-growing tide of employment lawsuits.

Workplace Violence – Why it Happens, and How to Prevent It

Monday, August 30th, 2010

Earlier this month, a troubled employee fatally shot nine people (including himself) and wounded eight others when he arrived to the warehouse where he worked for the last two years. He was there to meet his manager for a disciplinary hearing.

This tragic case is reflective of the startling statistic that homicide is the second leading cause of job-related deaths following vehicular accidents. There are approximately 2 million employees (annually) who are victims of workplace violence. While homicide is an extreme case, workplace violence has been reported to include assault, robbery and rape.

Why Workplace Violence?

Linda Robinson, CPEhr’s Training Manager, cites many reasons for violence in the work environment. These include:

  • Pressure and stress of modern life—economic, social, and psychological challenges that can build up over time and drive people over the edge
  • Individuals who may view violence as a way to deal with their frustrations and solve problems
  • Cultures that tolerate and glorify violence
  • Access to weapons

While these are some of the reasons that workplace violence exist, according to Robinson, there are “undoubtedly many other causes that contributes to this act. As an employer, it is your duty to create a safe environment for all employees.” While there is no way of knowing if violence will occur in your organization, here are proactive steps and follow-up intervention items that you can make before violence erupts:

Proactive Steps:

  • Address threatening behavior right away
  • Review your workplace policy with employees that are causing problems
  • Educate your employees to report any disruptive, aggressive or violent acts
  • Refer employees that have exhibited violent behavior to counseling (EAP or private)

Follow-up Intervention:

  • Monitor the employee’s behavior
  • Use progressive discipline as needed
  • Assess the violent potential of terminated employees

While intervention is a proactive approach to address violence in the workplace, the number one prevention, according to Robinson, is to define, require and measure professional conduct across all-levels of the organization. This will create an environment that establishes a protocol that sets forth a tone for professional conduct within the workplace. When a professional environment is a part of the culture, employees who are disruptive and/or acting violently will be identified much faster than in a chaotic environment that has no professional standard.

Understanding PTO Policies, Part 2 – Sick Pay

Tuesday, August 24th, 2010

In our last post we discussed vacation policies, from both the best-practices and legal standpoints. In today’s post we take a quick look at Sick Pay.

What is required by law?

Like vacation, sick pay is not required under Federal or State statutes. However, there are a number of localities passing measures requiring employers to provide sick pay to their employees. If sick leave is offered, up to 50% of the time must be permitted to care for immediate family members (“Kin Care”).

Unlike vacation, sick pay does not need to accrue or vest, and employers are not required to payout sick leave at termination. This flexibility allows them a certain level of creativity when it comes to implementing a sick pay policy.

“Use it or Lose it” Policies

Employers MAY implement a “use it or lose” policy, but need to be aware that such policies may lead to sick leave abuse. Statistics vary as to the percentage of employees who abuse sick leave, with estimates ranging from 15% to 30%. [1]

Instead of “use it or lose it” sick pay, it is recommended to roll the accrued time over to the next year, with a cap. This policy eliminates the need for an employee to call in sick, lest they lose a benefit they view as “coming to them”.

The most common sick day policies grant between 5 and 10 sick days off per year.

If you need assistance reviewing your sick, vacation, or other PTO policies, please give us a call – one of our Human Resources Consulting experts will be sure to help.

Source: [1] USB Leaders Lab, “A Cure For Sick Leave Abuse:”, August 2008.

Disclaimer

Understanding PTO Policies, Part 1 – Vacation Pay

Wednesday, August 18th, 2010

As the tight economy continues with no foreseeable end in sight, employers are challenged to find ways to compensate, motivate and reward employees while adding minimal costs to their bottom line.  As health insurance premiums continue to skyrocket, many employers are utilizing  paid time off (PTO) as a recruiting tool to entice qualified applicants to join their company.  PTO policies such as paid vacation, sick,  holiday, and jury duty are common-place within the workforce; however, state regulations restrict how employers may implement such policies.  Non-compliance with these regulations may result in wage and hour lawsuits that can be costly for employers. In the next two posts, we review some important PTO rules and guidelines.

Vacation Pay

The most common form of PTO is vacation pay. According to Salary.com, 86% of employers offer some form of vacation pay. According to the California Chamber over Commerce, of 90% do. However, contrary to popular belief, vacation is not required under any Federal or State statutes. If offered, it is contractual in nature, meaning it becomes an employer policy that must be adhered to. As a result, many states impose restrictions on vacation pay. For example, in California, vacation pay is considered a vested, earned benefit which accrues over time and must be paid out at the time of termination.

“Reasonable Cap”

Vacation pay cannot be forfeited, and a  “use it or lose it” policy may not be enforced. However, employers are entitled to impose a “reasonable cap” to the amount of vacation an employee may accrue. A general guideline would be a vacation accrual equal to double (2x) their annual amount. As an example, if an employee accrues 40 hours of vacation per year, a reasonable cap would be 80 hours. After the employee has earned 80 hours of vacation, their accrual would stop.  The DLSE (the Division of Labor Standards Enforcement)  has determined that an employee must have at least nine months after the accrual of the vacation within which to take  the vacation before a cap is effective.
Accrual Methods

Accrual methods are flexible. Most commonly, vacation days are accrued by the day, week, or pay period. According to the CalChamber, the most common vacation policies are:

• Two weeks after one year
• Three weeks after five years
• Four weeks after eleven years

While some employers enjoy using their vacation policy to show off their corporate creativity, they are cautioned to avoid making policies overly complicated or difficult to track. At best, errors in calculations may occur. At worst, disparate policies may result, leading to potential discrimination violations. Additionally, the vacation accrual rate cannot decrease from one year to the next.

In summary, while vacation pay is a well accepted practice by a vast majority of businesses, it carries a range of obligations and rules that must be adhered to. If you have any questions or concerns about your current vacation policy, or would to create one, please contact one of our Human Resources Consulting experts who can assist you.

In our next post, we will review sick, holiday and personal days off.

Disclaimer

CPEhr Named One of “Best Places to Work” in Los Angeles

Thursday, August 12th, 2010

For the second consecutive year, we are proud to announce that CPEhr  was named one of the ‘Best Places to Work” by the Los Angeles Business Journal. Thousands of businesses participate in the annal “Best Places to Work” competition.

Employees working for Los Angeles organizations were surveyed anonymously early this spring by the LA Business Journal to measure their overall satisfaction with their work place. Key criterion used to determine the ranking related to leadership, corporate culture, work environment, training, development, communications, planning, pay and benefits.

Faith Branvold, CPEhr’s president, said,

“It is a tremendous honor to have been recognized by the Los Angeles Business Journal. It is our team of skilled professionals that makes CPEhr a great place to work.”

CPEhr offers a wide range of benefits and programs to its employees that promote a positive and productive work environment. These programs are also offered to the organizations to which CPEhr provides Human Resources services. Employees enjoy activities such as the CPEhr Olympics, corporate softball, weekly yoga classes, and monthly employee recognition and birthday celebrations.

Branvold continued,

“For nearly 30 years, we have worked hard to shape our company’s culture to a family environment. We believe that dedicated, happy employees will ensure employee retention while providing the best service possible to our clients,” said Branvold. “It has always been our philosophy that a strong team is based on respect, recognition, positive reinforcement and teamwork.”

If you would like to learn more about Human Resources Consulting, HR Outsourcing, or Professional Employer Organizations, please click the links above, or call us to speak with a Senior HR Business Consultant.