Labor Law Conference Recap

Recently I attended PASCO's 32nd Annual HR and Employment Law Conference.  There were 4 sessions and 2 keynote speakers.  As usual it was a great full day of learning, connecting with colleagues, and seeing what local vendors and service providers have to offer.

Here are a few highlights from the day. Sara Hamilton,  of  Hirschfeld, Kraemer, LLP gave us a great overview of Employment Law Trends.

Overview of Major Bills from 2015

• AB 2053, the "anti bullying bill" states that mandatory sexual harassment prevention training for supervisors must also include training related to abusive conduct.  Applies to employers with 50+ employees.  Supervisors must be trained within 6 months of being hired or promoted and every 2 years after that.
• AB 1443, states that harassment protection is also extended to unpaid interns.
• AB 1522, Health Workplace, Healthy Families Act.  Introduces mandatory paid sick leave.
• AB 1897, Increases employers liability for contracted workers.  Applies to CA employers wtih 25+ employees who use 6+ employees from a labor contractor.  This has prompted employers to more closely monitor the activities of the staffing firms they use.

EEOC Update

 Since 2012, the EEOC has shifted its litigation strategy to focus on fewer, higher-impact cases related to systemic discrimination.

 Having solid policies is very important and can avoid litigation.  Special areas to pay close attention to include pregnancy discrimination and religious discrimination.  

3 Ways To Have A More Compassionate Career

Have you ever thought about the true meaning of the work you do? One way to leave a positive mark on the world is by choosing to have a compassionate career. Here are three ways you can do that: 

 

1. Consider working in the non-profit sector. The name non-profit does not sound so appealing… let’s call it the for-cause sector! Many professionals have a skill-set that could be put to use for just about any type of organization. Choosing to work for a for-cause organization means choosing to put your skills to use for the greater good.

2. Change professions. Follow your heart. Did you somehow end up as an Administrative Assistant because you are organized and good with people, but what you really want to do is be a Pre-school Teacher? What is it that you have always wanted to do? Making this change may require going back to school. The investment in yourself to follow your heart will not only make you happier, but could make the world a better place.

3. Make your workplace more peaceful. This one you can do today! It starts with you. Maybe if you show yourself some loving kindness, it will transfer throughout your day to your co-workers and customers. What if you started your day with some meditation, or positive affirmations? Do you think it might improve your daily interactions? Small intentional actions do have the power to bring more compassion into our careers.

I hope these three ideas have you thinking about how you can infuse your career with compassion. We are all in this together! For some more ideas I highly recommend two thought provoking books; Compassionate Careers, by Jeffrey W. Pryor and Alexandra Mitchell and Real Happiness at Work, by Sharon Salzberg. Here’s to bringing more compassion to your career… TODAY!

This post was also shared on Nicole Smartt's Staffing Queen blog, check it out for more great career tips!  

 

Same Sex Marriage Employee Benefits

There are certain historical events that happen during our lifetime, that we will never forget. For me June 26, 2015 will always be one of those days. I remember waking up to the news that in the Obergfell v. Hodges case the Supreme Court ruled that the Defense Of Marriage Act was unconstitutional and that:

• Same sex marriage is legal in all US jurisdictions
• States must recognize same sex marriages performed in other jurisdictions
• Equal treatment for ALL married couples in relation to:
• State taxation
• Employee benefit plans
• Pension and retirement plans
• Health and welfare plans

Today... about 3 months after the ruling I found myself sitting at a HR training all about same sex marriage rights as they relate to benefits. I had to smile to myself, knowing that in my own small way I will get to carry forward this historic civil rights event in the course of my everyday work.

Thank you to the Insurance Services Firm, Woodruff, Sawyer, & Co for the great presentation today at PASCO, HR!

Real Happiness at Work

As often happens, I found myself in a bookstore (I was taking my son's to pick out something with the gift cards they received for their birthday's) and I thought "well I'll just have a look around". And as often happens, I found myself in the Self Help, and Career Development area of the bookstore. I love it when a book finds me. That is exactly happened with Real Happiness at Work by Sharon Salzberg.

I guess in a way this is the next logical book I would reading. My latest read was, Happier at Home, by Gretchen Rubin. Kind of funny... I didn't actually put this together until I brought home my new book! I don't think I'm alone in my quest to be happy both at home and work. Both of these books point to a simple in theory, but harder in practice concept: mindfulness. Salzberg explains it like this,

Mindfulness is a relational quality, in that is does not depend on what is happening, but it is also about how we are relating to what is happening.

and

Mindfulness refines or clarifies our attention so that we can connect more fully and directly with whatever is happening.

It is not realistic to think that we will always have smooth and peaceful interactions at work. It is useful to have some tools to help the workplace be a more peaceful place, and I think that is exactly what this book provides.

What Is The New HR Certification All About?!

Anyone who has been around Human Resources for awhile is familiar with the alphabet soup that goes after HR professionals names; PHR and SPHR. The following is from HRCI.org:

PHR® Professional in Human Resources
PHR certification is a great way to establish yourself in the HR field. It proves your 
mastery of HR operations, best practices and regulations in the U.S., and creates a 
solid foundation for your future advancement

SPHR®Senior Professional in Human Resources
SPHR certification solidifies your credibility as an HR leader. It demonstrates you have mastered the strategic and policy-making aspects of HR management in the United States.

Early in my career I obtained the PHR and later on the SPHR. They have provided a solid foundation of HR knowledge. When I heard there was a new certification program backed by the top HR organization in the world, SHRM, I was intrigued. I wondered, how are these new certifications different from the PHR and SPHR? Here is how SHRM describes the new certifications:

SHRM Certified Professional (SHRM-CP)
HR professionals who implement policies and strategies, serve as point of contact for staff and stakeholders, deliver HR services, and perform operational HR functions, should take the SHRM-CP exam.

SHRM Senior Certified Professional(SHRM-SCP)
HR professionals who develop strategies, lead the HR function, foster influence in the community, analyze performance metrics, and align HR strategies to organizational goals, should take the SHRM-SCP exam.

More alphabets after my name? Sure, I'm in! And right now it's free for current HRCI certified professionals? Free works for me!

Yesterday I invested the time to learn about this new program, and to fulfill the requirements. And now I can sign my name as: Jennifer Krug, SPHR, SHRM-SCP Wooo hoo! So what?! What does this mean?

Let me share what I've learned...

As I see it the PHR/SPHR are great for demonstrating that you know the fundamentals of HR, and the SHRM-CP/SHRM-SCP demonstrates that you know how to apply this knowledge to help an organization with it's human capital needs and strategic objectives.

SHRM has invested a great deal of time and money into developing the 8 Behavioral Competencies they see as necessary for success in today's business environment- and it shows. Again from SHRM:

In 2011, SHRM began years of extensive research involving thousands of HR professionals to develop the SHRM Competency Model, which identifies eight key Behavioral Competencies: Ethical Practice, Leadership & Navigation, Business Acumen, Relationship Management, Communication, Consultation, Critical Evaluation, and Global & Cultural Effectiveness and one Technical Competency: HR Expertise (HR Knowledge) that are the foundation of successful HR practice. ​​​​​​

This chart shows how both the technical competency (HR Knowledge and Expertise) ties together with the 8 Behavioral Competencies mentioned above.

I must admit I was a bit skeptical about this new certification. After all, the PHR/SPHR certification has been around for a long time and is well respected. However, after learning about the SHRM-CP/SHRM-SCP, I'm sold! I really feel this body of knowledge will raise our profession up and give us the tools necessary to be an even more integral part of the organizations and people we serve. My only complaint.... wow that's a whole lot of letters after my name! I liked the simplicity of the SPHR.... but times change. And when clients ask what all those letters mean, I will gladly explain!

Independent Contractor Reporting

Does your business use Independent Contractors? Remember $600 is the magic number! Why?

Any business or government entity that is required to file a Federal Form 1099-MISC for service performed by an independent contractor must report using this form. You must report to the Employment Development Department within twenty (20) days of EITHER making payments of $600 or more OR entering into a contract for $600 or more with an independent contractor in any calendar year, whichever is earlier. This information is used to assist state and county agencies in locating parents who are delinquent in their child support obligations.

(From Cal Chamber)

Form DE542

Easy Does It

Easy does it. That's one of the things my Grandfather used to say a lot. I think there is wisdom in the "Easy Does It" approach. The opposite approach would be "My Way or the Highway" approach. Just as important as the work we do, and the skills we bring to the table, is the WAY we go about our work. What would people say about your style?

Consider this quote from the book, Working with You is Killing Me

"The fact is that the workplace is a volatile environment inhabited by emotional creatures who often rub each other the wrong way. This is especially true when people are thrown together for many hours in a small space commonly referred to as "the office"."

For any relationship to thrive there are strategies and tools that can be used. This is true in personal relationships and also in professional relationships. When was the last time you picked up a book, went to a workshop on the subject, or really thought about how you interact with your co-workers? Do you have a co-worker you just can't seem to get along with? The good thing is that there are solutions out there! The challenging thing... is that you first have to work on yourself. If you want smooth workplace relationships, then you need to seek out the tools to help you get along with all different types of people. Wouldn't it be nice if everyone communicated the way you do? How much simpler that would be! Oh, well... dream on.

Human interaction in the workplace has been a longtime interest of mine. I wish I could give some quick and easy answers in this one blog post, but I'm afraid it's not that simple. I will over the next few months share some helpful strategies and tips.

For today, let me leave you with a tip from one of my first teachers on the subject (although he died long before I was born!), Dale Carnegie. From his book, How to Win Friends and Influence People

"Asking questions not only makes an order more palatable; it often stimulates the creativity of the persons whom you ask. People are more likely to accept an order if they have had a part in the decision that caused the order to be issued."

Maybe today you can find a time to try asking questions instead of giving direct orders. Remember, "Easy does it".

Mandatory Paid Leave Update

Today I went to a Labor Law Update on CA's new sick leave law. Gregory Walsh and Jennifer Phillips, two local employment law lawyers presented. Just last month I did a post on the new law, but today I learned some important information about how to look at existing leave policies with a critical eye for compliance with the new law.

Healthy Workplaces/Healthy Families Act of 2014, goes into effect July 1, 2015. However, posting and notification to employees should have taken place January 1, 2015. One of the things that stood out to me about today's talk was when Jennifer said that out of all the company leave policies she has reviewed over the last few months, none have been 100% compliant with the new law. It is not enough to offer sick pay to employees. This is a complicated law. All plans should be reviewed for compliance.

I suggest the following steps:
1. Review the current company policy on sick pay (or PTO pay). Make changes as necessary.
2. Decide how sick pay will accrue. There are 2 options. Progressive Accrual or Lump Sum.
3. Post policy and provide notice to current employees.
4. Start using the updated Notice to Employee form for all New Hires.
5. Work with payroll provider to ensure wage statement are accurately reporting employee's sick balances.

Change Happens

We've all heard it... The one constant thing in life is change! Recently I went to a workshop on the subject and learned some great tips from Mary O'Neill, MA MFT. a Professional Trainer. You can check out her website at, www.maryoneill.com

It was good to start out the New Year thinking about change and what I would like personally for 2015. We all have personal goals and desires. We all make plans and do our best to make the life we want. But then... stuff happens. Change. How do we deal with life's unexpected events? If we are in a position of leadership, how do we help those around us? It is good to reflect on these questions from time to time.

For me, the cherry blossom is a reminder of the element of change in our lives. In Japanese culture the cherry blossom symbolizes mortality. It only blooms for about 2 weeks a year. During that time it is extremely beautiful. And then it goes away. Until next year. For me the cherry blossom is a symbol of change.

When I am in the midst of change, I remind myself that it is only temporary. When I work with others going through change, I remind them of this also. Often times it is only after the change is complete, that we can look back and appreciate how beautiful the process really is.

Mandatory Paid Sick Leave

One of the new laws for 2015 is AB 1522 which came out of the Healthy Workplaces and Family Act of 2014, and requires almost all employers, regardless of size to offer Paid Sick Leave to their employees. This must be in place by July 1, 2015 or employers will be subject to fines and possible legal action. It applies to almost all employees both full time, part time, exempt, and non-exempt. The only exceptions are for Union employees (as long as their contract includes Sick Pay), some state providers of in-home care, and some air carrier employees.

Many employers already have a leave benefit which includes Sick Pay. These plans should be reviewed to make sure they comply with the new requirements.

Minimum Sick Pay Requirements

- Must provide no less than 24 hours or 3 days of sick pay a year.
- Can be used for the employee or a dependent family member. May also be used if employee is a victim of domestic violence, sexual assault, or stalking.
- Carry-over provision allows an employee to have paid sick days available at the start of a new year.
- Employers can cap the total amount of sick time at 48 hours/6 days a year.
- Accrual rate is 1 hour for every 30 hours worked. Overtime also counts towards accrual.
- Employers may require employees to complete 90 days of employment before sick pay is granted, however accrual begins on the first day of employment.
- Sick pay is not paid out upon termination, unless the employer has a PTO plan where sick and vacation are lumped together.

Information for this post was obtained from Cal Chamber.