San Diego

san diego employers association 4180 ruffin road, ste. 295 p. 858.505.0024 www.sdea.comsan diego, ca 92123 f. 858.715.1202 info@sdea.com

sdea newsletter | october 2011

Employers Association

2 What’s New at SDEA

3 Crisis Leave

4 IRS Announces New Program

5 Not So Frightful Halloween Parties

Helpful HR Resources

7 HR Spotlight

8 Oh, Baby! The World of Pregnancy Leaves

9 October Roundtables

10 Law Update

11 Wicked Workplace Issues

Submit Your Photos!

12 Your Questions, Answered!

San Diego Employers Association to Support Cause “Close to their Hearts”

The San Diego Employers Association announced last month that they will be supporting breast cancer awareness with their participation in the American Cancer Society’s “Making Strides Against Breast Cancer” walk and fund-raiser on October 16th. The 4 mile walk through Balboa Park celebrates its 14th year in San Diego. According to the Making Strides website, this annual event raised over $720,000 last year to fund groundbreaking research, raise awareness and provide resources to breast cancer survivors and their caretakers.

SDEA has formed a team for the event and each team member has set individual fund-raising goals. “As HR professionals working daily with San Diego businesses, we have all been touched by those impacted by breast cancer”, said Michelle Sedgwick, HR Consultant. “It is a cause that we feel we need to be a part of, particularly as a woman run business in a female dominated profession.”

In honor of Breast Cancer Awareness Month, SDEA’s October Newsletter is embrac-ing a pink color scheme as another way to show their support and raise awareness for the cause.

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What’s New at SDEA

›› Strategic Leadership Series was a Huge Success!Thank you to those who joined us for the first session of SDEA's Strategic Leadership Series that was held at The University Club last month. We were all "wowed" by Garry Ridge, President and CEO of WD-40. The event was a huge success and we can't wait until January for the second session of this series. To check out photos from the event, visit our Facebook photo album or visit our YouTube page to watch clips from Garry's presentation.

›› HR Roundtables - What Do YOU Want Brought to the Table?We can hardily believe it ourselves, but it’s that time of year when we start planning out the classes, events and HR Roundtables that we will be offering come 2012. We are eager to hear what you would like to see at your 2012 HR Roundtables, so please let us know how we can best serve you by filling out this quick survey (can also be found appended to your newsletter email). You can email your input to Rachelle at rmorris@sdea.com, fax it to 858.715.1202 or mail it to 4180 Ruffin Road, Ste 295, San Diego, CA 92123.

›› The Ultimate BLR Guide!One of the valuable perks of being a SDEA Member is having 24 hour access to the online BLR. Members: check out the BLR Guide by clicking here (or you can find it after logging into the Member Access Area of the website) to find tips that will enable you to best use this valuable tool. Non Members: interested in the BLR and becoming a member? Give us a call at 858.505.0024 or send us an email at info@sdea.com.

›› We Are Looking for a Fall Intern!SDEA is looking for a Sales & Marketing Intern for the fall semester. Take a peak at the internship description here (or email info@sdea.com for a copy) and if you know someone who could be an ideal fit, please encourage them to apply.

October 2011

President CHRIS BRYANTDirector of HR Services JENNIFER JACOBUS, PHR-CA

HR Consultant MICHELLE SEDGWICKMarketing and Member Services Manager RACHELLE MORRIS

Member Relations Manager BECKY SUFFRIDGEAdministrative Assistant JANELLE LOPEZ

•Columnists JENNIFER JACOBUS, PHR-CA & MICHELLE SEDGWICK

Design and Layout RACHELLE MORRIS

SDEA Board of Directors

MIKE DALY Daly Law Firm

STACEY MCKIBBIN ActionCOACH

TRUDY ARMSTRONG The San Diego Foundation

DARREN CECIL Sandler Training

LAURIE PECK, CPA

CARLA STANLEY Sedona Staffing

MIKE WHITEHURST, CFA, CIC McCuen & Co.

TOM MURCH & TOM PUFFER Honorary Life Members

Board Chair MELANIE POTTER

Walter Andersen Nursery

SDEA is a not-for-profit employer’s association that provides HR advice and consulting to its members in an effort to promote and maintain employer/employee relationships. We are not attorneys and do not render legal advice.

San Diego

october newsletter 2011 3

Donating sick time, while not something that we see on a regular basis, is an option that some employ-ers choose to make available for their employees. These types of policies could pose potential problems for employers and certain problem areas should be addressed prior to making a decision on whether or not this will work for your company.

Generally, a Crisis Leave Policy will allow employ-ees to donate accumulated paid time off for use by other employees whose sick and other paid leave has been exhausted. These leave banks are intended for use under extreme circumstances and are generally meant for long-term illnesses that would result in a financial hardship due to time missed from work. Employers are advised to consider the following prior to implementing such a plan:

• Make sure co-workers do not feel pressured into donating time. This would be especially true if the pressure is coming from a manager or supervisor. Management should be reminded that there should be no adverse action or retaliation for those who choose not to partici-pate.

• How will the company determine eligibility for the use of the leave bank? Leave should be limited to serious illness or injuries that are not work related.

• It’s a good idea to implement this policy when there is not a need for the leave. Consider a policy that only allows those who contribute to the bank be eligible to use time from the leave bank.

• The employee needed to tap into the Crisis Leave Bank should be required to exhaust all of their accrued time off before tapping into the “cumula-tive” bank.

Crisis Leave—Right For Your Company?By Jennifer Jacobus, PHR-CA

• Don’t allow employees to donate all of their accrued time off. A good rule of thumb is to require the employee to have a balance of at least 40 hours to use for their own illness or injury.

• Establish criteria ahead of time that will be reasons for denying crisis leave. This may include an employee’s mismanagement of leave they had accrued, lack of proper medical documentation, or insufficient balance in the leave bank.

• Make sure your policy establishes events that are not covered by the crisis leave bank: elective procedures, illness or injuries incurred while committing an illegal act, and illness or injuries resulting from uniformed services.

Lastly, there are some questions on these types of policies and how they affect taxes. Vacation and PTO specifically in California, are considered wages. Employees “donating” time off from one employee to another is the same as donating wages and may create issues with deferred revenue. Make sure to consult an expert in this field if this is something you are consid-ering.

These types of policies, while they have a potential to cause a bit of a HR headache, can create a sense of community in the workplace; employees want to do good for their co-workers. Employers should consider both short-term and long-term disability plans for their employees and always keep a watchful eye on any potential discrimination issues arising from such policies. Refer to your disability policies for guidance as well.

Want To Ensure You Are in Compliance?Now's the time!

For the month of October, SDEA is offering $100 off HR Audits.*

Call SDEA for more details at 858.505.0024

*Audits must be paid for by the end of October 2011 to be eligible for a discount.

IRS Announces New Voluntary Worker Classification Settlement ProgramCompliments of BLR

Last month, the Internal Revenue Service (IRS) launched a new program that will enable many employers to resolve past worker classification issues by voluntarily reclassifying their workers.

The new Voluntary Classification Settlement Program (VCSP) is designed to increase tax compliance and reduce burden for employers by providing greater certainty for employers, workers, and the government. Under the program, eligible employers can obtain relief from federal payroll taxes they may have owed for the past, if they prospectively treat workers as employees. The VCSP is available to eligible businesses, tax-exempt organizations, and government entities that currently erroneously treat their workers or a class or group of workers as nonemployees or independent contractors, and now want to correctly treat these workers as employees.

To be eligible, an applicant must: • Consistently have treated the workers in the past as nonemployees, • Have filed all required Forms 1099 for the workers for the previous three years • Not currently be under audit by the IRS, the DOL or a state agency concerning the classification of these

workers

Interested employers can apply for the program by filing Form 8952, Application for Voluntary Classification Settlement Program, at least 60 days before they want to begin treating the workers as employees.

Employers accepted into the program will pay an amount effectively equaling just over one percent of the wages paid to the reclassified workers for the past year. No interest or penalties will be due, and the employers will not be audited on payroll taxes related to these workers for prior years. Participating employers will, for the first three years under the program, be subject to a special six-year statute of limitations, rather than the usual three years that generally applies to payroll taxes. For more information, read Announcement 2011-64.

Getting to Know the SDEA TeamChris Bryant, PresidentThe road that led me to where I am now: The path to SDEA was a circuitous one that included quite a diverse career in the Financial Services industry. I held positions at the local, state and national levels, in administration, sales, marketing, training, lending and human resources. While doing this I was and still am, an active volunteer for a number of non- profit organizations. Working with these groups has given me the opportunity to not only personally support the mission work but has also provided me with the bonus of interfacing with prominent and

well known folks throughout the country. In my role at SDEA, I have been able to combine the skills honed in the for- profit world and couple them with the profound insights gained in my volunteer activities to help our business thrive and support our customer’s needs.

What I like best about my role: I am surrounded by bright, passionate and very skillful individuals who are a delight to work with and who are willing to share their talents with others, while always having their focus on doing what is right for our customers.

Professional success secret: Listen carefully and thoughtfully and be open to other’s perspectives. Surround yourself with people that are smarter and more talented. Seek out and utilize mentors and coaches. Continuously learn from the masters (and my mistakes!).

Who or what inspires me and why? There are so many inspirational folks that have achieved iconic levels of success. Being able to either read or interact with them is energizing and opens up many new and challenging opportunities. I particularly like the learnings I have gained from John Wooden. In his Pyramid of Success he outlines the critical components to achieve greatness and success. His definition of success is: “Success is piece of mind which is the direct result of self-satisfaction in knowing you did your best to become the best that you are capable of becoming. “

How I like to spend my free time: Between family, my job and volunteering I do not have a whole lot of free time. With what I have, my joy comes from spending time with my son and being a part of his journey, getting renewed by walking on the beach, doing yoga, savoring a full bodied glass of red wine, reading engaging books and of course the occasional massage.

My 5 dream Jeopardy categories: 1) Tennis 2) 20th Century Dodgers 3) US History 4) Diets 5) Vince Flynn novels

Something you'd find on my "bucket list": Hiking and Photographing in the National Parks in the Western United States.

october newsletter 2011 5

Not So Frightful Halloween PartiesBy Jennifer Jacobus, PHR-CA

Halloween parties at work can be fun but can also pose a potential legal liability. Here are some things to consider before the festivities begin:

• While your dress code may be a little more lax for the day, remind your employees that your dress code policy still applies to costumes. This means that clothing that is suggestive or provocative and clothing that may contain obscene language or gestures is still considered taboo, even if it is a costume.

• Employees should be reminded that “props” such as guns, axes, and knives are not allowed on company premises.

• Some employees’ religious beliefs may not allow them (or they simply may not wish) to participate in Halloween festivities. Try to respect these employees on the day of, or the days leading up to Halloween. If an employee complains or feels offended by the festivities or even certain decorations, take their complaints seriously.

• Since Halloween falls on a Monday this year, be prepared for requests to leave work early for the day. Parents like to get home to get their kids ready for trick-or-treating.

Halloween celebrations can bring out a side of people you don’t normally see. When people put on a costume, they think behavior that may otherwise be unacceptable is now okay. It’s a good idea to send out an agenda ahead of time outlining the expectations (acceptable attire, time frame, “still a work day”!) and finally, have fun!

Looking for Helpful Links, Checklists and Forms?We know the job of the HR professional can be a demanding one. In order to help make things a bit easier, click

on any of the below links to find help checklists, forms or website. These can all be found on SDEA’s website under the Resources tab.

Labor Laws Based on EE CountObserved Holidays 2011-2012Form I-9: Employers Handbook | I-9 Form (English) | I-9 Form (Spanish)State Disability Insurance Provisions: Form DE 2515For Your Benefit – California’s Program for the Unemployed: Form DE 2320Sexual Harassment Pamphlet (DFEG)Employment Determination Guide (Independent Contractors vs. Employees): Form DE-38W-4: Employee Withholding Allowance CertificateCA Employee’s Withholding Allowance Certificate: Form DE-4Cal/OSHA Form 300: Log of Work-Related Injuries and IllnessesCal/OSHA Form 300A: Annual Summary of Work Related Injuries and IllnessesCal/OSHA Form 301: Injury and Illness ReportVETS-100/VETS-100A FilingEDD: California Employer’s GuideWage Order LinksRelevant State and Federal Agency Links

Looking for more? Members - log in to gain access to even more!

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Congratulations to October’s Special SDEA Membership Anniversaries!

Thank you for your many years of loyalty!

Home of Guiding Hands 37 Years!BAE Systems Inc. 25 Years!PERFORMANCE CONTRACTING 23 Years!MYRON L COMPANY 21 Years!San Diego Eye Bank 20 Years!

In Appreciation of your referrals, we would like to present our new Member Referral Program!

For each company that joins SDEA as a result of your referral, you will receive a choice of: one free attendance at one of our Roundtable luncheons and recognition in our monthly newsletter, or a $25 gift card and recognition in our monthly newsletter.

For each company referred, your company will receive an entry in a drawing* to win an office lunch for you and 10 of your co-workers, brought in and served by SDEA!!!

To participate, simply submit the name, contact information and company name of business peers you feel could benefit from SDEA’s services to rmorris@sdea.com.

For more information, please contact Rachelle Morris at 858-505-0024.

*drawing to take place once a year, in June.

Member Testimonial

It always amazes me how extensive the knowledge of the consultants is - they are always so helpful and give great advice.

Jeanie LeavinsonVeterans Village

PURE-FLO WATER COMPANY 18 Years!VIP, Inc. 17 Years!J & S ASPHALT PAVING COMPANY 16 Years!S.C. Wright Construction Inc. 14 Years!RIDOUT PLASTICS 11 Years!

HR Professional SpotlightHR Professional: Aleyda SantosCompany: Orval Kent

CAREERYears in HR: I have been working in the HR arena for a little over 14 years; almost 1 year at Orval Kent

How I got into the field of Human Resources: Human Resources kind of fell in my lap. I started by working in Payroll when HR Departments were Personnel Departments. Using my language skills, you could say I was in the right place at the right time. I was always called upon for translation and dispute resolution. This sparked my interest and I started looking into more ways of integrating myself into this new field, Human Resources.

Most important lesson learned so far: When faced with an ethical dilemma, always stand by your principles and don’t make exceptions. As an HR professional, you will always be looked at to make the right ethical choice.

When I “grow up”, I want to be: Just like my mother. My mother is a strong woman who worked all her life to give us a better future. She taught me to keep going and not to settle. She taught me to keep looking to better myself so that I was able to stand on my two feet.

HR PHILOSOPHYUnique style as an HR practitioner: As an HR practitioner I think of myself as a coach. I make myself available to coach a manager/supervisor or colleague with any situation they are having difficulty. I like to use examples. Most of the time, folks know what needs to be done. Sometimes they just need someone to listen and guide them down the right path.

Best way to learn and partner with the business: Get to know the core business philosophy and forge relationships with those that make it happen. Not just those in management, but those folks on the floor making the product. Get in and get your hands dirty; not only do you earn a seat at the table, you get respect from all employees.

WISDOM FROM THE HR TRENCHES What I like best about my job: Never boring. There is always an issue that needs attention. The game is the same but the players always vary.

Biggest change in HR I’ve witnessed over the years: The biggest change is that HR does have a seat at the table. HR is becoming less operational and more strategic.

Advice to someone starting a career in HR: When someone asks if you have a minute, the answer is always yes. Never turn away an opportunity to make a difference. It’s not only a learning experience for the person seeking the help, but as an HR professional it gives you that opportunity to forge a relationship and gain trust.

TAKING OFF THE “HR HAT”Favorite way to spend time outside of work: My utmost favorite thing to do outside of work is dedicating all my time to my family. It doesn’t really matter what we do; spending every last second with my wonderful husband and two children makes every moment count.

My “happy place”: Rarotonga, one of the Cook Islands. I was recently married there. Don’t know what heaven is like, but I am sure it’s close to it.

A little known fact about me: I really wanted to be in the US Air Force when I was growing up.

Would you like to be featured in our newsletter? Email Rachelle Morris at rmorris@sdea.com

Orval Kent

About Orval Kent: Headquartered in Wheeling, Illinois, Orval Kent has been a refrigerated prepared food supplier of fresh-cut fruit, dips, salad and side dishes for more than 50 years. They produce salads, dressings for private label companies, including local grocery stores.

Number of employees: 190 FTE

Location: Vista

october newsletter 2011 8

Oh, Baby! Welcome to the World of Pregnancy LeavesBy Michelle Sedgwick, HR Consultant

Does it seem that this is the time of year when you typically have employees going out on pregnancy leave or asking for time off to bond with their new bundles of joy? Don’t worry, there’s nothing in the water. Instead, research shows that there tend to be more births in September and October. In fact, October 5th is considered to be the most common birthday in the United States.

Most companies do not have a formal “mater-nity leave” policy. Instead, they provide the appropri-ate leave of absence mandated by law and in many cases provide some paid benefits to employees. As in many other areas of employment law, California has led the way in providing additional leave time beyond that outlined in the Family Medical Leave Act that was enacted in 1993 and so navigating through the maze of leave laws can become a complicated matter.

There are multiple acronyms, leaves that run currently, some that have eligibility rules, others that don’t and special documents that must be provided to employees. Where to begin? You can feel better prepared for handling pregnancy related leaves of absences by brushing up on the following basics of leave laws:

Pregnancy Disability Leave (PDL)Under California law, Pregnancy Disability Leave

applies to employers with 5 or more employees and entitles a woman to up to 4 months of job protected leave. Employees are eligible for PDL as of the first day of employment regardless of the length of service with the organization and can take leave either as one block of time or intermittently while she is considered disabled due to pregnancy or related conditions as determined by the health care provider. Related conditions include, but are not limited to morning sickness, bed rest and recovery after the baby’s delivery.

If an employee meets the eligibility requirements for FMLA, then PDL occurs simultaneously with FMLA.

Employers are legally required to provide employees with information about PDL. This can be done by displaying the Pregnancy Disability Leave poster and CFRA/PDL poster. In addition, employers must give employees a copy of PDL information, including notice requirements immediately after learning of the employee’s pregnancy or request for PDL.

During PDL, the employee is typically eligible for State Disability Insurance (SDI) benefits for the duration of the leave after a 7 day waiting period. The Employ-ment Development Department (EDD) administers the SDI program and their website provides helpful information, including frequently asked questions for both employers and employees. For more details, visit www.edd.ca.gov.

Family Medical Leave Act (FMLA)In order to qualify to take leave under FMLA, an

employee must work for an employer with 50 or more employees AND meet ALL of the following qualifications:

• Have worked for that employer for at least 12 months

• Have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave

• Work at a location where at least 50 employees are employed at the location or within 75 miles of the location

A qualified employee is entitled to a total of up to 12 workweeks of unpaid leave in any 12 month period. When an employee requests FMLA leave or when the employer acquires knowledge that an employee’s leave may be for an FMLA-qualifying reason, the employer must notify the employee of the eligibility to take FMLA leave within 5 business days for the request for leave.

California Family Rights Act (CFRA) Similar to FMLA eligibility requirements, an

employer with 50 or more employees must provide leave under CFRA if the employee has:

• Worked for that employer for at least 12 months; and

• Worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and

• Worked at a location where at least 50 employ-ees are employed at the location or within 75 miles of the location

Employers covered by the Family and Medical Leave Act (FMLA) and the CFRA must approve up to 12 weeks of "bonding" leave to parents during the first year after a baby is born, adopted, or placed with the employee for foster care. Many female employees take their bonding time immediately after their

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october newsletter 2011 9

Oh, Baby! Welcome to the World of Pregnancy Leaves-continued from page 8-

October HR Roundtables

October 13, 2011: Spooky, Odd & Embarrassing QuestionsRemember the good old days of human resources when the strangest thing you had to deal with was someone lying about their past employment experience? Times have changed. Now you may be faced an array of situations ranging from dealing with drug use by an employee while on the job, an employee who urinated in a trash can or even complaints about an offensive smelling lunch cooked in the company’s microwave. SDEA has saved up some of the spookiest, oddest and most embarrassing questions that we have heard lately. Join us for this entertaining luncheon and possibly get answers to those questions you don’t want to ask, are afraid to face, or hope you won’t have to deal with!

October 21, 2011: Benefits? Leaves? Both? None of the Above? Dealing with Disabilities & Leaves of Absence IssuesAre you confused over how to deal with an employee disability issue? Do you know what benefits are legally required to continue during a leave of absence? Is a leave required and for how long? When is it okay to deny leave or end a leave of absence? What accommodations are required and what is considered “reasonable”? If your head is reeling with these questions, then this round-table is for you. Join us to get these questions, and more, answered.

For complete descriptions and details visit www.sdea.com

The use of this seal is not an endorsement by HR Certification Institute of the quality of the program. It means that this program has met HR Certification Institute’s criteria to be pre-approved for recertification credit.

Pregnancy Disability Leave has ended. During this baby bonding period, an employee is eligible for Paid Family Leave (PFL) benefits that are discussed below.

Under the CFRA, bonding leave can be taken intermittently in a minimum of two-week increments, although an employee may take bonding leave of less than two weeks no more than twice during the 12-month bonding period.

Paid Family Leave (PFL)The common confusion regarding Paid Family

Leave is that it is NOT an actual leave of absence. Instead, it is a benefit paid to workers who suffer a wage loss when they take time off work to care for a seriously ill family member or to bond with a new minor child.

All employees who pay into State Disability Insurance are also covered by PFL insurance, regard-less of the number of employees in the company. Both mothers and fathers are eligible for this benefit for purposes of bonding with the new child, but it does not provide job protection or reinstatement rights.

Employees may receive up to 6 weeks of the benefit over a 12 month period of time and there is a 7 day waiting period before the benefits begin. A female employee who has been receiving State Disability Insurance during Pregnancy Disability Leave is not required to serve the waiting period.

Employers are required to provide the Employee Development Department’s pamphlet (DE 2511) about the Paid Family Leave insurance program to employees who request PFL.

How does this all fit together?Good question! This can be tricky even for the

most seasoned HR professionals. Here are a few tips for you to consider based on a common scenario for a pregnancy-related leaves of absence:

Employee works for a company with more than 50 employees and meets the other requirements for FMLA leave, there are no complications during the pregnancy and the employee wants to bond with the baby prior to returning to work.

• Once the health care provider determines the employee to be “disabled” (usually 1-2 weeks prior to her due date), PDL runs at the same time with FMLA for approximately 6 - 8 weeks after delivery. Payment is provided through State Disability insurance

• When employee is no longer considered “disabled”, according to the health care provider, then CFRA can begin for baby bonding.

• If the employee has only exhausted 6 weeks FMLA, there are 6 weeks FMLA remaining and this runs at the same time as CFRA. At that time, employees often choose to use only 6 weeks of CFRA.

• Payment is provided through Paid Family leave insurance program.

As an employer, you will find there are numerous scenarios and varying levels of complexity in the world of pregnancy-related leaves. If you take “baby steps” and have a solid knowledge of major leave laws, the San Diego Employers Association can help with the rest. Call on our HR consultants at (858) 505-0024 to get assistance with additional details about leaves of absence.

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The National Labor Relations Board ("NLRB") recently adopted a final rule requiring employers to post a notice informing employees of their rights under the National Labor Relations Act, including, among other things, the right to form, join or assist a union and bargain collectively. The NLRB just released the notice, which can be downloaded here.

The posting requirement, which takes effect November 14, 2011, applies to virtually all private-sector employers regardless of whether their employees are unionized. Indeed, the notice must be posted by all private employers subject to the NLRB’s jurisdiction, which excludes only agricultural, railroad and airline employers, as well as very small employers that conduct an insufficient volume of business to have more than a slight effect on interstate commerce. This is generally defined as less than $500,000 in sales volume for retail businesses and less than $50,000 of goods or services provided or purchased across state lines for non-retail businesses.

The notice must be displayed in areas where other workplace notices are posted. Additionally, employers who customarily post personnel policies on internet or intranet sites must also provide a link to the poster on those sites. A similar posting requirement took effect for federal contractors in June of 2010.

Failure to comply with the new posting requirement may be deemed an unfair labor practice, can result in tolling the applicable statute of limitations for filing an unfair labor practice charge and, in certain NLRB proceedings, may be considered evidence of unlawful motive.

What This MeansThe final rule is already being challenged in pending litigation. For the time being, however, employers must

prepare to post the notice in appropriate locations by November 14. Employers should also consult with counsel to assess whether additional proactive measures should be taken in conjunction with the posting. For example, employ-ers might consider training managers and supervisors regarding how best to respond to employees' questions about the posting and otherwise auditing compliance with relevant personnel policies.

This E-Update was authored by Lisa Frank. For more information or questions, please contact Ms. Frank or any Paul, Plevin, Sullivan & Connaughton attorney at (619) 237-5200.

New Employee Rights Posting Requirement Takes Effect November 14

LAW UPDATE

While the notice is not currently available, SDEA is taking orders and will have the poster available before the November 14 deadline.

Visit SDEA’s online store for poster options and pricing.

FREE SHIPPING ON LABOR POSTERS!

For the month of October, SDEA is offering Free Shipping on Labor Posters.Call SDEA for more details at 858.505.0024 or visit the online store for pricing.

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Wicked Workplace Issues Sap Staff and Haunt HRCompliments of BLR

If you company allows employees to wear costumes to work, you’ll probably see a few creatures that go bump in the night roaming around the office. However, if these characters are permanent members of your staff, HR may have some wicked workplace issues to address.

Maniacal Manager—Employees should respect managers but not be scared of them. “I've worked in organiza-tions where managers would sneak up behind employees trying to catch them doing something wrong. Others would howl at people who failed to follow orders exactly as they were told,” says Roberta Matuson, blogger for Fast Com-pany.

Toxic Team Member—Sometimes it only takes one team member to corrupt the work of other staff members. Whether it is not fulfilling job responsibilities to treating other colleagues badly, a toxic team member can lower the morale or productivity of an entire department.

Office Zombies—Employees who lack direction or motivation may need a jolt back to life. “People need to be given direction so they can arrive at the final destination while they are still alive,” advises Matuson. Another sugges-tion, “try mixing up teams or bringing in a new leaders or simply giving them a day off so they can recharge their batteries.”

Crypt—If your office resembles a crypt employees may not be the only ones affected. Customers may be put off as well. Liven up the office with plants or appropriate décor if possible. Consider adding or replacing lights. Not only is can a dark office be safety hazard, but replacing or adding light fixtures can be a chance to go green in the office if you choose compact fluorescent lightbulbs (CFLs). Check out the BLR Green Team blog for more ways your office can go green.

We’re Proud of Our Members!We’ve been in our new office for about 10 months now. Even though we have some calming green walls and plants throughout the office, it still feels like there is something missing...our Members! We want to decorate our walls with photos of the companies and organizations that we are so fortunate to have as members.

You can help us decorate by submitting photos of your staff together. Photos could be from an event you all partici-pated in, an outing, or even just a typical day in the office. Descriptions are encouraged as well.

Please submit your photos and descriptions to: rmorris@sdea.comOr mail them to:Rachelle Morris4180 Ruffin Road, Ste 295San Diego, CA 92123

We look forward to showing you off!

october newsletter 2011 12

Q. We have an employee returning from maternity leave and she wants to be able to express milk at the office as part of her breast-feeding efforts. As an employer, am I required to provide a special room and allow an her to use break time for this?

A. Both the Patient Protection and Affordable Care Act (“PPACA”) and California Labor Code require employers to provide a location other than a bath-room, “that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk”. This may be a challenging requirement to meet, especially for small companies. Therefore, the space provided may be temporarily created for this purpose or at least made available when needed.

According to California labor code, employers may require employees to use regular break time for expressing breast milk and the Federal law allows employees to take regular breaks “as such employee has need”. Neither law requires breaks specifically for lactation purposes to be paid.

SDEA Helpline Q & A

Q. An administrative assistant in my company typically works 40 hours per week. He was sick on Tuesday and so he worked 10 hours on Wednesday to finish preparing for an upcoming Board meeting. He is a non-exempt employee. Do I need to pay him weekly or daily overtime?

A. Most California employees must be paid overtime of 1 1/2 times the employee's regular rate for all hours worked in excess of 8 in a workday, in excess of 40 in a workweek, or for the first 8 hours worked on the seventh consecutive day worked in a workweek. Double-time must be paid for hours worked in excess of 12 in a workday or worked in excess of 8 on the seventh consecutive day worked in any workweek.

In this case, since your employee worked more than 8 hours on Wednesday, you are required to pay his 2 hours overtime of 1 ½ times his regular rate.

Every month SDEA receives hundreds of calls. Here readers have the opportunity to “eavesdrop” on answers to popular (and anonymous) HR questions received during the previous month.

Advertising And Article Submission InfoThis 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 or obtaining advertising rates, please email: rmorris@sdea.com.

With the help of SDEA, members have the tools to: ›› Keep up to date with ever changing employment laws ›› Attract, develop, and retain valuable employees ›› Avoid lawsuits, fines and penalties

SDEA Membership Benefits Include: ›› Unlimited consultation with a staff of HR experts ›› 24 hour online resource center ›› Discounts on events and training classes ›› Complimentary training needs analysis ›› SDEA’s annual Wage & Salary Survey (free with participation) ›› SDEA’s Policies & Benefits Survey (free with participation) ›› SDEA’s monthly newsletter

SDEA Membership Value 101

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