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HR CONSULTING TRAINING HANDBOOKS AUDITS SURVEYS COMPENSATION LABOR NEGOTIATIONS DECEMBER 2009 >I-9 Audits Target 1,000 Employers >Tis’ The Season To Be Careful! >Are Your Human Resources Practices Vulnerable? >EEOC Poster Revision >Plus: HR Training Preferred Provider & More... >I-9 Audits Target 1,000 Employers >Tis’ The Season To Be Careful! >Are Your Human Resources Practices Vulnerable? >EEOC Poster Revision >Plus: HR Training Preferred Provider & More... 888.625.SDEA 888.625.SDEA

SDEA December 2009 Newsletter

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I-9 Audits Target 3,000 Employers, Tis' The Season To Be Careful, Are Your Human Resources Practices Vulnerable, EEOC Poster Revision, HR Training, Preferred Provider, HR Strange But True

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Page 1: SDEA December 2009 Newsletter

hr consulting training hanDBooKs auDits surVEYs coMPEnsation laBor nEgotiations

DECEMBER 2009

>I-9 Audits Target 1,000 Employers

>Tis’ The Season To Be Careful!

>Are Your Human Resources Practices Vulnerable?

>EEOC Poster Revision

>Plus: HR Training Preferred Provider & More...

>I-9 Audits Target 1,000 Employers

>Tis’ The Season To Be Careful!

>Are Your Human Resources Practices Vulnerable?

>EEOC Poster Revision

>Plus: HR Training Preferred Provider & More...

888.625.SDEA888.625.SDEA

Page 2: SDEA December 2009 Newsletter

COLUMNISTS

Jennifer Jacobus, PHR, CA Jessica Zaldivar, PHR

SDEA BOARD OF DIRECTORS

Rufino AutusAutus Financial Group

Terry Elrod

Juli JacobsonSan Diego Blood Bank

Stacey McKibbenActionCOACH

Melanie PotterWalter Anderson Nursery

Melinda RosasUSA Federal Credit Union

Mike ScaccoALSCO, Inc.

Andy SilvermanCRES Insurance

Diana TwadellBarney and Barney

Darby VorcePacific Safety Council

SDEA Counsel

Mike DalyDaly Law Firm

Honorary Life MemberTom Murch

DESIGNDenialle M. Chabot

ADVERTISING AND ARTICLE SUBMISSION INFO

This newsletter is published monthly by the San Diego Employers Association.

We welcome the submission of articles by our members on topics of interest related to HR. Date for submission of materials and advertising is the 15th of the month prior to publication.

If you are interested in submitting an article please email it to: [email protected].

If you are interested in advertising rates please send an email to: [email protected].

SDEA is a not-for-profit employer’s association that pro-vides HR advice and consulting to its members in an ef-fort to promote and maintain employer/employee rela-tionships. We are not attorneys and do not render legal advice. Please contact your company’s legal counsel if you need legal advice on any issue. If you do not have an attorney with employment and/or labor relations ex-perience, we would be happy to provide you with refer-rals.

888.625.733212255 PARkwAY CENTRE DR. POwAY, CA 92064

Page 3: SDEA December 2009 Newsletter

www.sdea.com • 888.625.7332 • San Diego Employers Association • December 2009 1

IN THIS MONTH12.2009

>FEATURES2 i-9 audits target 1,000 Employers

3 are Your human resources Practices Vulnerable?

5 EEoc Poster revised

6 new FMla amendments Expand Military leave

7 tis’ the season to Be careful!

7 rEMinDEr: salary Basis test for “computer Professionals” May change Before January 1, 2010

8 Will Your i-9 Forms hold up to an audit?

>DEPARTMENTS6 sDEa training

9 hr strange But true

9 Preferred Provider spotlight

BETTER PAY ATTENTION TO GINA: SHE’S OFFICIALLY HERE TO STAY pg. 4

Page 4: SDEA December 2009 Newsletter

2 December 2009 • San Diego Employers Association • 888.625.7332 • www.sdea.com

>I-9 AUDITS TARGET 1,000 EMPLOYERS

U.S. Immigration and Customs Enforcement (ICE) has issued Notices of Inspection (NOIs) to 1,000 employ-ers across the country associated with critical infrastruc-ture, alerting business owners that ICE will audit their I-9 forms to determine compliance with employment eligi-bility verification laws.

“ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating il-legal workplaces,” said Assistant Secretary Morton. “We are increasing criminal and civil enforcement of immi-gration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules.”

The agency says the 1,000 businesses served with audit notices were selected for inspection as a result of inves-tigative leads and intelligence and because of the busi-ness’ connection to public safety and national security-for example, privately owned critical infrastructure and key resources. Audits involve a comprehensive review of Form I-9s.

In April, the Department of Homeland Security issued updated worksite enforcement guidance emphasizing ICE’s major en-forcement priorities, specifically focusing on dangerous crimi-nal aliens and employers who cultivate illegal workplaces by breaking the country’s laws and knowingly hiring illegal work-ers. In this strategy, ICE identified form I-9 audits as the most important administrative tool in building criminal cases and bringing employers into compliance with the law.

Statistics since implementation of new ICE worksite enforce-ment strategy on April 30:

In July, ICE issued 654 NOIs to businesses. Statistics resulting from the 654 audits announced in July:

•ICE agents reviewed more than 85,000 Form I-9s and identi-fied more than 14,000 suspect documents--approximately 16 percent of the total number reviewed.

•To date, the enforcement action has resulted in $2,310,255 in fines. In addition, 267 cases are currently being considered for Notices of Intent to Fine (NIFs).

•ICE closed 326 cases after businesses were found to be in compliance with employment laws or after businesses were served with a Warning Notice in expectation of future compli-ance.

2010 MANDATORY GINA LABOR LAw UPDATEThe 2010 year is fast approaching with major changes to the federal discrimination law. The Genetic Information Nondiscrimina-tion Act, GINA, that affects employers November 21, 2009, makes it illegal to discriminate against an employee or applicant’s genetic information.

The Complete Labor Law Poster and Federal Labor Law Poster is NOW shipping with up-to-date state and federal regulations including the new GINA law!

Sign into the Member area of www.sdea.com to order your updated poster today!

DID YOU KNOW?

You can keep up with The Department of Homeland

Security at their blog:http://www.dhs.gov/journal/theblog

And on Twitter:http://twitter.com/dhsjournal

Page 5: SDEA December 2009 Newsletter

www.sdea.com • 888.625.7332 • San Diego Employers Association • December 2009 3

By Jennifer Jacobus, PHR-CA

An audit is something that most of us wouldn’t choose to do on a voluntary basis. We usually associate “audit” with a financial audit where the company’s financial processes are reviewed for potential problem areas. The goal of audits should be to protect the company, establish best practices, and create an opportunity for improvement.

Unfortunately, many companies fail to audit another equally important area--human resource policies, practices, and pro-cedures. Companies often overlook these potential areas of exposure and do not consider the associated risks. Whether related to a complaint or by random selection, a government agency could knock on your door tomorrow and investigate areas related to legal compliance or your HR practices. So how can your company protect itself against possible expo-sure that can impact its public image, brand, employee rela-tions, and bottom line?

Human Resources audits are designed to assess company poli-cies and practices, identify areas of non-compliance or weak-ness, uncover issues, and determine how to strategically align HR practices with business objectives.

Human Resources audits, like financial audits, are worth the time and effort it takes because they help your company be more effective, reduce the threats of legal challenges and complaints, make any charges more defendable, and help the company achieve its goals. Why not utilize SDEA’s experience in the filed of Human Resources with your next audit?Following is a snapshot of what the audit, conducted on your premises, includes:

Personnel Files--Frequency of internal review, general person-nel file vs. confidential file, is there a written policy on em-ployee review?

Employee Handbook--At-will employment, EEO statement, harassment, discipline, ADA, acknowledgement form

Employment Application Form--Last reviewed, retention, at-will disclaimer

Time cards/sheets/reports--Employee certification, meal/rest periods/disclaimer

I-9 File, Job Descriptions

Posters--Industry Wage Order, mandated state and federal posters—current, industry specific

>ARE YOUR HUMAN RESOURCES PRACTICES VULNERABLE?

Compensation Practices, New Hire and Orientation Proce-dures, Termination Procedures

Certainly the cost is far less than the legal costs involved in de-fending a complaint or for that matter losing one. In the end, it is important to take the time to know where your HR function stands and that’s the bottom line!

For more information or to set up an audit today, call Jennifer Jacobus at 858-679-7332.

Page 6: SDEA December 2009 Newsletter

4 December 2009 • San Diego Employers Association • 888.625.7332 • www.sdea.com

>PAY ATTENTION TO GINA: SHE’S OFFICIALLY HERE TO STAY

Continued...

GINA, as HR pros probably know, is the Ge-netic Information Nondiscrimination Act en-acted in 2008. Final regulations interpreting the law have been long in the making and are still technically only interim regs. But the employment title of GINA, which incorporates procedures and remedies found in federal civil rights law, is effective November 21, 2009.

GINA Basics As genetic testing for predisposition to such diseases as cancer, Alzheimer’s, and others has become more widely used, legislators like the late Senator Ted Kennedy (D-MA) wanted to encourage people to take advantage of the technologies. But lawmakers feared that test results would be used unfairly: For example, an employer or insurer learns that a partici-pant has a high genetic risk of developing an illness and uses that information to deprive the person of benefits—or to refuse to hire him or her. GINA’s purpose, then, is to prevent the spread and misuse of such information.

A genetic test is defined as one involving analysis of DNA, RNA, chromosomes, proteins, or metabolites. Blood tests, tests for viral infection, cholesterol level, or the like don’t count—nor does information that an individual currently has a disease, his or her age or gender, or data regarding a test for drug or alcohol abuse.

Who Is Covered, and What Should They Do? GINA’s employer requirements apply to all of these: Private employers with 15 or more employees, certain public-sector employers, and employment agencies and labor organiza-tions. Those affected need to be ready for November 21 in two ways: First, update your equal employment opportunity policies to reflect the ban against discrimination with respect to genetic and family medical history information as defined by GINA. Second, never ask potential hires who may have a disability anything about their family medical history or require them to undergo genetic testing.

Under the Americans with Disabilities Act, however, you can require medical exams of all applicants after you have offered them positions. Some observers have pointed out that GINA and ADA requirements should be clearly distinguished from each other. That is, the disabilities of some candidates are readily discernable or can be revealed, while those same indi-viduals’ genetic histories or predispositions will not be visible. We can hope that the final regulations will make this distinc-tion. We also assume that the Equal Employment Opportunity Commission will modify its poster requirements to include in-formation about GINA, so covered employers will be required to post that along with changes from January 2009 to the Fam-ily and Medical Leave Act poster.

A notable rule exception for employers: If a health plan partici-pant wants a medical procedure that requires a genetic test, ei-ther the employer or the insurer may request information about the test to OK the procedure.

GINA’s Adverse Impact on HRAs GINA contains the latest generation in rules meant to protect the privacy of health information. Observers have noted since the law’s enactment in 2008 that the disclosure of individu-als’ private genetic information is not anything close to wide-spread—yet. But lawmakers were concerned that the number of frequently conducted genetic tests will increase exponentially in the near future, and they were thinking ahead.

In the meantime, as GINA’s rules are currently written, they directly collide with another, perhaps equally valuable, growing trend. Increasingly, health-risk assessments (HRAs) are a vital part of forward-thinking employers’ wellness programs. And GINA makes such assessments much more difficult.

According to the ERISA Industry Committee (ERIC), the success of wellness programs depends on HRAs, which typically include questions about participants’ family medical histories. After all, when combined with any individual’s current health, his or her risk of predisposition toward a life-threatening illness is key to determining what kinds of behavior changes might offer pro-tection. And, ERIC says, wellness programs are employers’ only tools for containing runaway healthcare costs.

But here’s the problem: If providing all requested information on an HRA, including family medical history, would lead to any kind of incentive or reward for participants, proposed regula-tions for GINA prohibits the arrangement. The idea seems to

Page 7: SDEA December 2009 Newsletter

www.sdea.com • 888.625.7332 • San Diego Employers Association • December 2009 5

be that “bribing” employees with a reduction in premium or deductible if they provide private genetic information is unac-ceptable. So how do employers save their wellness programs? ERIC and employment attorneys have some advice. First, un-derstand that family-medical-history questions cannot be asked if any sort of participation in the wellness program can lead to a reward—even if the reward has nothing to do with filling out the HRA. Clearly, then, employers have two choices: Ask the questions—and get them answered—but offer no rewards for program participation. Or, remove all family-medical-history questions from your HRA and include planned incentives and rewards for program participation.

Or, says ERIC, break the process into two parts: Design an assessment/program that includes genetic information but not rewards, and one that does not include genetic information but does offer rewards. Still another alternative: Offer a financial incentive, but separate it completely from the health plan/well-ness program, and make it taxable. Unfortunately, employers have too little time to revise their plans to comply. But we all knew that HR is never easy, didn’t we?

Employers Have a Bit of Wiggle Room As detailed above, many provisions of GINA really hem em-ployers in. But even such a strict law has some loopholes, so here’s a sampling of escape clauses that might come in handy.

• Regarding collecting family medical history in health-risk-as-sessments for wellness programs, some experts stress that col-lecting the information before employees are officially enrolled in your health plan means it could be used for “underwriting” purposes—a big no-no. So some have suggested that if you collect it after open enrollment—and don’t tie it to a health plan reward—you may be in compliance.

• But remember the rule that a wellness program that offers no incentives/rewards usually garners 50 percent participation, while one that does contain rewards boosts participation to 80 percent.

• If you gain an employee’s genetic information totally by ac-cident—you overhear a conversation, the employee discloses it when you didn’t ask for it, the information comes to you as part of an accommodation request, and other instances—you’re off the hook.

• You’re also in the clear if you must ask for—or you inad-vertently receive—family medical history when processing a request for leave under state or federal family and medical leave laws.

• You cannot be liable if you acquire such genetic information in the course of a law enforcement or forensic investigation.

• If there are toxic substances in your workplace (or you be-lieve their might be), you can use such private data for genetic monitoring of the biological effects of the substances, provided you notify employees in writing.

>EEOC POSTER REVISED Source: EEOC The law requires an employer to post no-tices describing the Federal laws prohibit-ing job discrimination based on race, color, sex, national origin, religion, age, equal pay, disability and genetic information.

EEOC has revised its “Equal Employment Opportunity is the Law” poster. This new version reflects current federal employ-ment discrimination law (including the Americans with Disabili-ties Act Amendments Act of 2008). The poster was revised to add information about the Genetic Information Nondiscrimi-nation Act of 2008, which is effective November 21, 2009. The revised poster also includes updates from the Department of Labor.

There are several ways for employers to comply with the law:Print the supplement below and post it alongside EEOC’s Sep-tember 2002 “EEO is the Law” poster or OFCCP’s August 2008 “EEO is the Law” poster.

“EEO is the Law” English poster supplement “EEO is the Law” Spanish poster supplement “EEO is the Law” Arabic poster supplement

Print and post the EEOC’s December 2009 version of the “EEO is the Law” poster. “EEO is the Law” English poster “EEO is the Law” Spanish poster “EEO is the Law” Arabic poster

Order a new poster through the EEOC Clearinghouse at the address provided below. Please note that the EEOC poster is on backorder and will be shipped when the poster becomes available in the near future. The new poster will also be avail-able in Spanish, Chinese and Arabic before the GINA statute becomes effective on November 21, 2009.

U.S. Equal Employment Opportunity Commission ClearinghouseP.O. Box 541Annapolis Junction, MD 20701Fax: (301) 206-9789or call: 1-800-669-3362 (voice)1-800-800-3302 (TTY)

“GINA” Continued...

Page 8: SDEA December 2009 Newsletter

SDEA TrainingDECEMBER 2009

6 December 2009 • San Diego Employers Association • 888.625.7332 • www.sdea.com

>NEw FMLA AMENDMENTS EXPAND MILITARYLEAVEBy Brenda Kasper, Lisa Frank and Timothy Keegan

Dec. 1st Conducting EffectivePerformance Appraisals 9am - 12pm SDEA Members $100.00 Non $150.00

Dec. 2nd Interviewing By Example9am - 4pmSDEA Members $175.00 Non $250.00

Dec. 9th Harassment Prevention Training9am - 11:30amSDEA Members $100.00Non $150.00

Dec. 11th HR Roundtable: Hiring The “Write” Way11:30am - 1:30pmSDEA Members $40.00Non $55.00

Dec. 15thSDEA’s Monthly Networking Breakfast Brief7:30am - 9amSDEA Members FREENon FREE

Dec. 16th Harassment Prevention TrainingWEBINAR! Don’t leave your office!9am - 11:30amSDEA Members $89.00Non $149.00

SDEA will be closedFriday, December 25thin observance of Christmas.

SDEA wishes you and yoursa safe and healthy holiday season...

President Obama signed into law the “National Defense Authorization Act for Fiscal Year 2010,” which expands military leaves available under the federal Family and Medical Leave Act (FMLA). The amendments extend military caregiver leave to family members of veterans and allow exigency leave for family members of all covered active duty military men and women. Click here to see a copy of the new law. This is the second expansion of the FMLA since 2008, when the military family leave entitlements were first enacted. The amendments will likely require the Department of Labor (DOL) to revise the new FMLA regulations, which became effective in January of 2009.

Military Caregiver Leave ExpandedThe new law expands military caregiver leave in two ways. First, it allows family members of veterans undergoing medical treatment, recuperation, or therapy for a serious injury or illness incurred in the line of duty to take caregiver leave so long as the veterans were members of the military within five years of receiving such treatment. In other words, if a veteran seeks medical treatment for a serious service-related injury or illness within five years of serving in the military, a family member can take up to 26 weeks of FMLA leave to care for him or her. This change was made to reflect the fact that military service-related injuries, such as traumatic brain injury and post traumatic stress disorder, may not manifest themselves until years after a service member leaves active duty. A “veteran” is anyone who served in active military duty and was not dishonorably discharged.

Second, an “injury or illness” for purposes of military caregiver leave now includes the aggravation of existing or pre-existing injuries. This means that employees can take up to 26 weeks of leave to care for a service member whose pre-existing injury or illness was aggravated in the line of duty.

Exigency Leave Covers All Military MembersThe new law also allows family members of all covered active duty military men and women to take advantage of exigency leave. Exigency leave allows employees time off to handle certain urgent matters arising out of a family member’s active duty or call to active duty. Since current DOL regulations limit exigency leave to family members of Reserve and National Guard members only, this represents a significant expansion of leave rights.

Moreover, the new law requires the DOL to work with the Secretaries of Defense and Veterans’ Affairs to draft new regulations consistent with the expanded military leave rights. This means that the FMLA military leave regulations, along with the DOL medical certification forms, will be revised again in the near future.

What This MeansWhile it is unclear from the language of the new law, the new military leave rights are likely effective immediately. This means that employers must again review and revise their FMLA leave policies and forms to reflect the expanded military caregiver and exigency leaves. Employers should also train their human resources staff and managers on the new changes. Since these military leaves are provided only under the federal FMLA, the new law does not impact leave rights under the California Family Rights Act.

This article was authored by Brenda Kasper, Lisa Frank and Timothy Keegan. For more information, including information on revising your FMLA policies and forms and providing training to your staff, please contact Ms. Kasper, Ms. Frank, Mr. Keegan or any Paul, Plevin attorney at 619-237-5200.

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Page 9: SDEA December 2009 Newsletter

www.sdea.com • 888.625.7332 • San Diego Employers Association • December 2009 7

>REMINDER:SALARY BASIS TEST FOR “COMPUTER PROFESSIONALS” MAY CHANGE BEFORE JANUARY 1, 2010 Compliments of Wilson Turner Kosmo

California Labor Code section 515.5 previously provided that computer professionals may be exempt from overtime requirements provided they satisfy certain specifically enumerated duties and receive an hourly rate of $36 on an annualized basis (down from $41 per hour in 2007.) In 2008, and in response to employer concerns about tracking hours for computer professionals, California enacted a bill (AB 10) providing an alternative salary basis test exempting computer professionals from overtime requirements if the computer professional satisfies the duties requirements and receives an a statutorily enumerated annual salary (initially $75,000) for full-time employment and is paid at least once a month and in a monthly amount of not less than one-twelfth the annual salary.

AB 10 also provided that the hourly and salary rate for the computer professional exemption are subject to change each October 1st by the Division of Labor and Statistics (DLS.) In November 2008, the DLS increased these rates (effective January 1, 2009) to an hourly rate of $37.94, an annual salary requirement of $79,050, and a monthly payment of $6,587.50. It presently remains to be seen whether the DLS will announce for 2010 new hourly, monthly and annual salary amounts needed to satisfy the salary basis prong of the “computer professional” exemption. If so, it is expected these new rates will take effect January 1, 2010.

As a further reminder, paying these rates will satisfy only the “salary basis” prong of the computer professional exemption, and employers must still demonstrate the employee satisfies the fairly stringent “duties” portion set forth in Labor Code section 515.5.

>TIS’ THE SEASON TOBE CAREFUL!By John T. Alexander, Human Resources Services

Holiday parties are a tradition for many companies. Beware, however, that these parties can create legal problems for em-ployers in terms of worker’s compensation claims and third party liability claims. Whether the party is on or off company premises, there are a few simple precautions that employers can take to limit their exposure. These precautions are as fol-lows:

The company should not provide or subsidize the cost of al-coholic beverages. The safest policy is not to allow alcoholic beverages to be served at the party. If the party is held off company premises at a hotel or restaurant and a no-host bar is available, the company’s liability is reduced, but not totally eliminated.

If alcoholic beverages are available at the party, ensure that food is served and that coffee is offered at the end of the evening. Monitor the behavior of employees to insure that no one is obviously intoxicated and arrange for anyone who has “over indulged” to be driven home by another person. For all after hours social activities (e.g., baseball games, going away parties, etc.) make it clear that attendance at social functions is strictly voluntary and not a requirement of employment.

If invitations are sent or if flyers are prepared for the company’s holiday party, include the following:

•“If you plan to drink, don’t drive and if you plan to drive, don’t drink.”•“Attendance at social functions is strictly voluntary and not a requirement of employment.”

Page 10: SDEA December 2009 Newsletter

8 December 2009 • San Diego Employers Association • 888.625.7332 • www.sdea.com

>wILL YOUR I-9 FORMS HOLD UP TO AN AUDIT?By: Jessica Zaldivar, PHR

Due to the U.S. Immigration and Customs Enforcement (ICE)

announcing that they are going to ramp up its efforts to deter

employment of unauthorized workers by recently notifying em-

ployers of I-9 audits, do you think your organization would be

prepared if it received an audit notice?

Here are some tips as to what ICE may want to review:

•Original I-9 forms of employees

•Payroll Data

•List of all active, inactive, and even terminated employees

•Social Security no-match letters received

•Quarterly tax statements

•Company I-9 policy and procedure

•The name or names of the individuals who are the I-9 coor-

dinators

As an employer, to ensure that you will be compliant if you re-

ceive an audit notice, you should conduct an internal I-9 audit.

Here are some key items you should do when conducting an

I-9 audit:

•Create an updated report with all active, inactive, and ter-

minated employees. Pull each I-9 form and ensure that each

required section is completed.

•Create a list of problems that you encounter such as incom-

plete forms or missing forms.

•Update the list as the forms are being corrected.

•Check sections 1 and 2 to ensure they are completed cor-

rectly.

•If there are deficiencies or reverification is required, enter up-

dated information in section 3.

•For employees that have no longer been with the company

beyond three years from the date of hire or one year from the

date of termination, whichever is later, you can purge the I-9

form.

•Keep a log of what I-9 forms have been purged and the date

the form was purged.

•Ensure that the purged I-9 forms are purged properly.

By not ensuring that you are in compliance with the I-9 require-

ments, your risk as an employer could be the following:

•Paperwork violations may result in monetary fines between

$100 and $1,100 for each I-9 form that is not completed

properly.

•Fines between $200 and $2,200 for each unauthorized

worker that was knowingly hired.

•Criminal penalties, including fines and imprisonment, may

also be imposed.

Due to this being a brief summary of how to conduct your own

audit please contact our HR Consultants at (858) 679-7332 or

if you want information regarding our audit services.

Page 11: SDEA December 2009 Newsletter

www.sdea.com • 888.625.7332 • San Diego Employers Association • December 2009 9

>HR STRANGE BUT TRUE! GIANT ‘GERMS’ RALLY TO SUPPORT PAID SICk DAYSSource: HR.BLR.com

Proponents of a requirement for employers to provide paid sick leave in New York City come in all shapes and sizes. But for one day, they came as giant germs.

During rush hour on Monday, October 27, Gail Brewer, a member of the City Council who is a co-sponsor of the Paid Sick Time Act, and supporters dressed as germs passed out fliers and postcards at subway stations asking citizens to support the bill at a public hearing November 17.

Later, Brewer gave a speech at a rally to support the bill at Union Square, saying that over 1 million New Yorkers do not have paid sick days and warning of the public health risks if employees with swine flu (H1N1) go to work sick because they will not get paid if they stay home. According to The New York Times, Mayor Bloomberg, just re-elected, has given qualified support to the sick leave ordinance but has concerns about how it could impact small businesses.

Brewer also acted as of the “Germ Judges” for the costume contest in the categories of “Most Contagious” and “Best Newly Discovered” Germs. Members of the press were giv-en free face masks to “protect” them.

Congress is also considering legislation that would re-quire paid sick leave. Earlier this month, U.S. Repre-sentative George Miller of California introduced leg-islation that would require employers to provide paid sick leave to an employee if the employer tells the em-ployee to leave work or stay home because he or she has symptoms of a contagious illness, such as H1N1 flu.

Follow BLR on Twitter: http://twitter.com/BLR_Inc

PREPARING FOR THE FLU: A COMMUNICATION TOOLkIT FOR BUSINESSES AND EMPLOYERS The purpose of “Preparing for the Flu: A Communication Toolkit for Businesses and Employers” is to provide infor-mation and communication resources to help businesses and employers implement recommendations from CDC’s Guidance for Businesses and Employers to Plan and Re-spond to the 2009-2010 Influenza Season. Click below to get your toolkit today:http://www.cdc.gov/h1n1flu/business/toolkit

>SDEA PREFERRED PROVIDER

San Diego Employer Association Career Center is proud to partner with Jobing.com to provide you with the most com-prehensive listing of employment opportunities throughout San Diego.

SDEA Members $315 - Regular price $349 In this economy every savings helps!

Expose your job to the Jobing.com website, San Diego Em-ployer Association Career Center website and many other lo-cal community and association websites around San Diego.

In the overcrowded market of internet employment websites, our passion and commitment to being a local job site - with our primary focus always on real, local, fresh jobs - is a distinct advantage for our employers, job seekers and the local San Diego community. Jobing.com is proud to provide local em-ployers, local jobs, local employment news, local career events and local career help all in a concentrated effort to help your business reach targeted local candidates.

If you aren’t using Jobing.com via the Members Section, you are missing out on the best local candidates and the best and most knowledgeable service specialists in the Internet recruit-ment industry. And of course, by using Jobing.com, you will stretch your budget to maximize the return on your recruitment investment.

You’ve been on other online job websites, what did you see? National companies and national jobs, accompanied by ad-vertisements for cell phones, mortgages, cars and all other random types of non-relevant monkey business. Call us purists if you like, we’re flattered by it. Jobing.com focuses solely on local jobs and delivering on our promise of delivering the ab-solute best service and job candidates, period.