San Diego sdea newsletter | march 2012

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

Employers Association2 What’s New at SDEA

3 Job Description Audit Special Offer!

4 Challenging the HR Manager

7 HR Spotlight

8 LAW UPDATE

9 Upcoming Professional Development Courses

10 FMLA Abuse: You Can Curb It

10 HR Strange But True

11 Your Questions, Answered!

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Salary SurveysCompliments of BLR

Managing base compensation can be a constant challenge for HR professionals. The current economic environment has put the brakes on even modest merit increases to employees. If you find yourself ready to make an assessment of your organization’s current compensation situation and review comparisons to the external marketplace, then salary surveys are a valuable tool.

Most employers pay attention to the salaries that job applicants are demanding, to the rates that departing employees say they will be receiving from their new employers, to the information about wages that is passed around at seminars and business meetings, and to what is said about wages in the news media. This informal survey activity is going on all the time, and from the fragments of information that are collected emerge decisions concerning pay increases, fringe benefits, and overall pay policies.

Salary surveys are the most common source of information about the price of labor in specific markets. Since they are managed by a third party, company specific compen-sation data can be collected and presented in a meaningful way, while the anonymity of the participants is protected. Selection and purchase of salary surveys is a pre-requisite of a market based approach to compensating employees. Without them, a company will be hampered in its efforts to understand at what rate it must pay its employees to compete on price and for talent.

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What’s New at SDEA

›› SDEA’s Salary SurveyIt’s that time of year! Time for all those who are interested in receiving a FREE Salary Survey to keep a close eye on their inboxes. SDEA will be sending out the information and forms needed to participate in the 2012 Salary Survey during the first week of March. Call SDEA with any questions at 858.505.0024

›› SAVE THE DATEThe third installment of our popular Strategic Leadership Series will be on April 24th and will feature Mike Murphy, President and CEO of Sharp Healthcare. Details coming soon!

›› The Handbook Reviews Special Offer has been EXTENDED!This offer was so wildly popular, we wanted to give everyone just a bit more time to take advantage of it. If you’re due for a review and update, take advantage of our limited time special offer of $100 off Handbook reviews (or even a brand new handbook). Get more details on page 11 or call SDEA at 858.505.0024.

›› SDEA's New Webinar Learning OpportunitiesSDEA is exciting to provide new webinar learning opportunities from which you can even earn HRCI credit! Check out these new webinars as well as over 4,000 other online eLearning opportunities.

March 2012

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

Intern BRIANNA BERNATH

•Columnists JENNIFER JACOBUS, PHR-CA and MICHELLE SEDGWICK

Design and Layout RACHELLE MORRIS

SDEA Board of Directors

HOLLY GREEN The Human Factor, Inc.

STACEY MCKIBBIN ActionCOACH

TRUDY ARMSTRONG The San Diego Foundation

DARREN CECIL Sandler Training

LAURIE PECK, CPA

CARLA STANLEY Sedona Staffing

JODI WATERHOUSE University of San Diego

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.

MIKE WHITEHURST, CFA, CIC McCuen & Co.

TOM MURCH & TOM PUFFER Honorary Life Members

march newsletter 2012 3

So, it becomes important to make a decision regarding the number and types of surveys that will be used to derive pay information. Here are a few suggestions:

• Don't use too many surveys for one job being matched. Once the company opens the door to more than one survey, there is a tendency to use too many surveys. For any one job, two or possibly three surveys should suffice.

• The number of surveys used will differ based upon the type of job being matched and the importance of that job to the business. For its accountants, ZDT Company may use just one survey - data about accountants is available widely, the job is matched easily and accountants are not the "heart and soul" of ZDT's business. For its environmental engineers, it may use more than one survey because an environmental engineer is not matched as easily as is the job accountant and the availability of reliable data about pay rates for environmental Engineers is critical to their business plan.

• Use one or two "go to" surveys and at least one "fringe" survey as a validation point. The "go to" surveys are the surveys that the company uses to obtain reliable market compensation data; the data that serves as the foundation of the company's effort to pay market competitive rates. The "fringe" survey is intended to assure that the company has its finger on the pulse of the labor market and has another reference point to help understand market dynamics.

Salary Surveys- continued from cover story-

When purchasing or participating in a salary survey, here are a few things a company should consider:

• How closely do the jobs match your KEY jobs? If a survey is available that provides what appear to be very close matches to key jobs, the results should be included with the overall assessment of competitive position.

• Did your company participate in the survey? It may seem like a silly question, but the degree to which you will understand that which is presented with a survey is influenced by whether your company actually participated in the survey. If your company did not participate, then obtaining infor-mation and understanding about the efficacy of the surveyor's approach will be more difficult. You will see outputs without really understanding the inputs.

• Does the survey include average and median data?Any survey being purchased should present both the statistical average and statistical median of the results being reported. This way, the user of the survey can assess the proximity of the average to the median as a means by which the impact of "outliers" can be assessed.

• How extensive are compensation practices measured? It is important that the survey measure base salary and other forms of cash income that are paid but not applied to base (variable pay outs, lump sum payments, cash awards, etc.).

March Special Offer

15% OFF Job Descriptions Audits with SDEA

Are struggling with the FLSA classifications of your employees (or an employee)? SDEA can help answer your questions and give you feedback to

work with for future determination of FLSA classifications.Call SDEA at 858.505.0024 for details on this offer and to schedule your audit!

Offer good through March 31, 2012.

If your organization has made the decision to look at local wage and salary information, why not consider using the SDEA Wage and Salary Survey? Participate in the upcoming 2012 survey and get a FREE copy. For more details about how to do this, contact us at (858) 505-0024 or jjacobus@sdea.com.

CHALLENGING THE HR MANAGERWork/Life Balance Employer BenefitsBy Jennifer Jacobus, PHR-CA

Looking into the near future and facing the reality of possible employee retention issues, employers are having to look “outside the box” for low to no-cost employee benefits. While salary and benefits are still amongst the top priorities for current and potential employees, a “family-friendly” work environment is also sitting atop the list and many employers are paying close attention.

There are many family-friendly benefits employers can consider and some with little to no cost for the employer: flexible scheduling, job sharing, part-time work, telecommuting, compressed workweeks or alternative workweeks, and concierge services. Other benefits may include paid time off, extended maternity/paternity leave, dependent care, flexible spending account, on-site childcare, and eldercare.

Flexible scheduling or alternative workweeks give employees a chance to choose or work a schedule that might allow them more free family time—whether a flexible schedule allows them to come in later (thus working later) in order to get the kids off to school--or if the company has implemented a 4/10 alternative workweek potentially allowing the employee a three-day weekend to deal with elder-care, family care, or daycare issues—these no-cost benefits will be seen as a great benefit to the employee.

Job sharing, which allows two employees to do the job of one is a win-win for everyone and will cost the employer next to nothing. The job is shared by two employees as well as the pay and benefits, thus allowing the employer to have two part-time workers and treat them as one. This can allow the employees to work two days one week and three days the next while “employee #2” is working the opposite schedule. There may be some kinks in the beginning, but if there is good communication, this can be a great benefit.

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Getting to Know the SDEA TeamJennifer Jacobus, PHR-CA, Director of HR ServicesThe road that led me to where I am now: I’ve worked my entire “professional” career at SDEA. Having started here in administration, I am fortunate that SDEA has supported me in pursuing my HR career. After receiving my Certificate in Human Resources in 1997, I went on to get certified with my PHR then later with my PHR-CA. You couldn’t work at a better place to get a wide overview of the HR field and be able to take advantage of the training as well as the great mentors that have guided me through my

tenure here.

What I like best about my role: I’d have to say my interaction with the members. We have a lot of loyal members who I’ve really gotten to know over the years. I feel as if I know so many of them personally.

Professional success secret: I didn’t come by this naturally, but have learned not to sweat the small stuff and realized that there are only so many hours in a day. It’s okay to be wrong (once in a while).

Who or what inspires me and why? There are many people, but I’d have to say my parents. My parents taught me to be fair, open to different views and opinions and to treat others as I would like to be treated. They didn’t just talk to the talk, they led by example.

How I like to spend my free time: Spending time with my husband and 7-year-old daughter. Our favorite family thing would be to hang out at the beach—daughter and husband like boogie-boarding, I like “people watching”!

My three dream Jeopardy categories: I Love Lucy, Bad Reality TV, and California Wage and Hour

Something you'd find on my "bucket list": Travel—nothing “exotic”, I’d like to travel the United States, especially back East. Secretly, I’d love to write a book. No, not about HR, but something fiction, fun, and of course, fabulous.

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CHALLENGING THE HR MANAGER-continued from page 4-

Telecommuting is something else that may work for some positions in the company. Obviously, the person who answers your phones or the person supervising your production staff can’t perform these same tasks from their home, but your bookkeeper might. It’s a good idea that anyone telecommuting from home have a clear understanding of what is and what is not considered “working time,” what the work areas are, and be clear on who is paying for any supplies and/or resources that are needed for the employee to perform their job.

For an employee who might not be eligible for other state or federally mandated leaves, you may also consider allowing unpaid personal time for an employee to care for a family member. Extending an employee’s maternity leave or allowing employees, male or female, time off to bond with a new born baby while receiving benefits from the state will go a long way to boost morale. Many employees are also willing to take on the cost of a flexible spending account, on-site childcare, or benefits needed to plan for eldercare—all of which can also benefit the employer in more ways than one.

In order to gain support for work/life balance programs with your organization, it is important to show the value of these initiatives and to track their impact on reducing turnover and increasing employee job satisfaction. Employ-ees are more willing to go the extra mile for an employer that makes it easier to manage the demands of their lives outside of work.

For more information on any of the above benefits, sample policies to help you implement them, sample agree-ments or state/federal requirements, please call SDEA at 858-505-0024.

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 helpful checklists, forms, and websites. 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 (DFEH)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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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.

Congratulations to March’s Special SDEA Membership Anniversaries!Thank you for your many years of loyalty!

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

Pacific Contours 1 Year!Remote Ocean Systems 1 Year!Performance Plastics Inc. 2 Years!Spacebag 2 Years!TrellisWare Technologies 2 Years!SANYO North America 3 Years!Witt Properties Inc 3 Years!Culligan Water Conditioning of North County, Inc. 4 Years!Deaf Community Services 4 Years!Museum of Photographic Arts 4 Years!Sentre Partners, Inc. 4 Years!Access Scientific, Inc. 5 Years!Continental Mobile Housing 5 Years!G.S. Levine Insurance Services, Inc. 5 Years!SDA Security Systems, Inc. 5 Years!Shoe Metro 5 Years!San Diego Metropolitan Credit Union 7 Years!

Rainbow Vending 8 Years!EASTMAN, COLETTE 9Years!T. Fetter & Company 10 Years!Gluck Child Care Center 11 Years!Shamir Insight, Inc. 12 Years!Vision West, Inc. 12 Years!Sloan Electric Company 13 Years!Moon Mayoras Architects, Inc. 14 Years!Stat Pharmaceuticals, Inc. 19 Years!Sweetwater Harley Davidson 20 Years!Industrial Polishing, Inc. 21 Years!Southern California Plating Company 22 Years!Hoist Fitness Systems 23 Years!NEMO'S BAKERY, INC. 25 Years!Professional's Choice Sports Med 26 Years!Price Products, Inc. 27 Years!Fabrication Arts 29 Years!Delta Design Inc., Cohu Electronics, BMS 31 Years!STUMPS MARKET 35Years!

We’d Like to Say

WELCOMEto Our New Members

TGG AccountingHokto Kinoko Company

Balboa Park Online Collaborative Hawthorne Machinery

HR Professional SpotlightHR Professional: Kris VinluanCompany: SDA Security Systems, Inc.

CAREERThe road that led to where I am now/this profession: Originally I wanted to be a private detective, but I don't like guns and you have to be a cop first... So I decided a career in Human Resources since I have a passion to help others. I tried to get into HR after obtaining my BA in Psychology, but no one would hire me. I couldn't understand how hard it could be to interview, etc. Of course, I knew nothing about the laws. Then I obtained my Master's in HR Management and it took off from there. I still get to do investigations - I just don't have to carry a gun.

How I landed at SDA Security: I answered an ad on Monster.com and I had the best interview! It is great to work for someone who understands Human Resources.

Best career decision so far: Obtaining my Master's in HR Management so I could get my foot in the door!

Professional success secret: Employee engagement and implementing the best tools from the HR Department, such as Customer Service. Customer Service is a defining factor in who we are as a company. Human Resources provided company-wide Customer Service training to empower employees to take action and get it done. The employee delivers happiness to our customers, follows through with internal and external customer's by the end of business day, to make a positive difference in all customer interactions and to WOW customers with a smile! We gave the employee responsibility to take action to solve problems/answer questions for the customer without running to a manager for approval.

WISDOM FROM THE HR TRENCHES Most important lesson learned: Work outside your comfort zone.

Best way to learn and partner with the business: Human Resources has a presence in the field as there are weekly visits which they accompany the technician to a service call or installation job, assisting in a sales call, working with the dispatchers, customer service and administrative employees. This in turn, allows human resources to have a better understanding of the employee's position and resolve issues as they arise.

What I like best about my job: Minimizing liability for the Company and being the "voice" for the employees. Someone once told me, "I've never seen an HR Manager like you before." I asked what they meant and they said "normally HR is pro-employer or pro-employee, but you are smack dab in the middle!" I took that as a compliment. I protect the employer and the employee.

Advice to someone starting a career in HR: Educate yourself on HR laws and stay abreast on the changing laws in wonderful CA. Knowledge is Power!

TAKING OFF THE “HR HAT”Favorite way to spend time: Shop, shop and shop (with my daughter!).

Something you may not know about me: I am a cancer survivor. I saved my life by paying out of pocket for a test that doctors didn't think I needed. My philosophy: The technology is there...Use it! Don't wait until you feel the pain.

Three greatest passions: Being the greatest mom ever! Spending time with family and my ten best friends. It is important to balance work and your personal life. Life is way too short!

Something on my "bucket list": I have traveled throughout Europe twice, but there are many places I want to see in our beautiful US, such as Oregon and NYC! I enjoy traveling with my husband and daughter to create wonderful memories.

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There have been some recent clarifications to reporting time pay that may affect the way employers are paying their employees for scheduled meeting time.

Reporting time pay is owed each workday an employee is required to report to work and does report, but is furnished less than half the usual or scheduled day’s work (with the exception of an “Act of God”). Under these circumstances, the employee shall be paid for half the usual or scheduled day’s work, but in no event for less than two hours nor more than four hours, at the employee’s regular rate of pay. Until recently, employers were also advised to pay a minimum of two-hours reporting time pay when an employee reported to work for a meeting that was scheduled on a day that the employee was otherwise not scheduled to work.

In a recent class action, employees pursued a minimum of two hours or reporting time pay for instances when they attended regularly scheduled “store meetings” scheduled at least four days in advance. Rejecting the Labor Commissioner’s approach, the Second Appellate District ruled that because the employees showing up for the meetings were furnished “work” of at least half of the scheduled meeting time (their “shift”), they were not entitled to any reporting time pay. The court further held that, in instances where work of a specific duration was previously schedule, the length of the employees’ “usual” workday was irrelevant in determining the amount of minimum reporting time pay due.

For employers who have regularly scheduled meetings, it would be prudent to: 1) schedule meetings (especially if short in duration) as far in advance as practical; 2) set a specific starting and ending time for the meetings—make sure employee record this time on their timesheets; 3) makes sure said meetings last at least half as long as scheduled—this will avoid any reporting time pay.

This law update was authored by Jennifer Jacobus, PHR-CA of San Diego Employers Association. For more information, or questions, please contact Jennifer at 858-505-0024.

REPORTING TIME PAY CLARIFIED BY CALIFORNIA APPELLATE COURTWritten By Jennifer Jacobus, PHR-CA

San Diego Employers Association

LAW UPDATE

March Professional Development

March 1

March 6

March 8

March 9

March 13

March 14

March 20

March 22

March 27

March 29

Conducting Effective Performance Appraisals

Workers’ Compensation Basics

Documentation & Termination

Tell Me Why You’re Really Leaving:Conducting Effective Exit Interviews

Effective Communication for the Workplace

Dealing with Unacceptable Behaviors

Safety & Security

Skills for Working Leaders II

Harassment Prevention Training

CA Certification Prep Course Begins

Upcoming Training Opportunities

SPECIAL OFFER $100 OFF!

Is Your Handbook In Need Of Some Housekeeping?

When was the last time you had your Employee Handbook updated? Are you sure that your handbook includes the most current State & Federal requirements? Does your handbook include social media, mandated leave and harassment policies?

Laws are constantly changing; find out how SDEA can help update (or create!) your handbook so it reflects all the necessary updates. Learn more by visiting www.sdea.com or giving us a call at 858.505.0024. Mention this ad and SAVE $100 on your handbook review or composition through March 31st. Call SDEA for details.

For complete class descriptions, details, or to register, please visit www.sdea.com or give us a call at 858.505.0024.

march newsletter 2012 10

HR Strange But True: Busted for Jury Duty ScamCompliments of BLR

While most people dread receiving a jury duty summons in the mail, one HR manager went out of her way to forge one.

An HR manager allegedly altered her father’s juror summons, presented it to her employer, and then said she was picked. She was out of work eight days for supposed jury duty. However, instead of sitting in a court room, the employee apparently took a mini-vacation to Baltimore.

How she got caught. The woman made several mistakes, according to the NY Post. The first was leaving evidence on her desk. Her boss allegedly found a document that shows she altered the date and name on a juror summons originally sent to her father.

Her second mistake was posting her activities to her Facebook page. While she was supposed to be listening to testimony on a vehicular-homicide case, she was posting messages like “Bmore bound!!!” and “Off to Fogo de Chao then going to see Kevin Hart perform.”

When she returned to work, her boss was the least of her worries. The HR manager was arrested for forgery, held on $25,000 bond, and could face up to 14 years in prison.

A case recently decided in a Pennsylvania federal district court offers a textbook for employers trying to control abuse of leave under the Family and Medical Leave Act (FMLA). As you know, intermittent leave is especially prone to abuse.

A county bus driver first used FMLA to care for her son in 2002. But she then requested it every year thereafter, relying on the certifications of a neurologist that she was subject to migraine headaches (estimated at twice a month) and a social worker that she had depression, anxiety, and panic attacks (estimated at three or four times a week). She was prescribed medication for both ailments.

As a union member, the driver was subject to driving schedules dictated by her seniority. She had little seniority and was often assigned work on holidays and/or for "swing shifts"—a morning route, several hours off, and then a late-afternoon route. The employer, a port authority, first became suspicious about the driver's calls in sick when a pattern of Fridays and holidays developed. In fact, one year she was out on 26 of 52 Fridays.

The port authority began surveillance of the driver. Sure enough, on some of the days she called in sick, she nevertheless reported for work at her other job, tending bar. Meanwhile, like other employees, she had signed her agreement to a policy that barred fraudulent use of compensation, FMLA, or workers' compensation.

Next, the employer asked for a recertification of the driver's needs for leave—and a second medical opinion. The employer shared the driver's absence patterns with this physician, who agreed that migraines, which are normally sporadic, would be unlikely to occur so often on Fridays. The employer also shared the absence patterns with the two doctors who had originally certified her medical conditions, asking their opinions of whether increasingly frequent absences were consistent with her health problems. The neurologist reported the driver had not seen him regularly and wasn't using her headache medication. Armed with this research, the employer was ready for the next sick call from the driver.

She had requested vacation from June 30 through July 4, 2008, but had only enough seniority to take off through July 2. When she called that day to report she would need FMLA for July 3 and 4, the employer fired her. She sued, but the court sided with the employer, writing, "The FMLA does not shield an employee from termination if the employee was…involved in misconduct related to the invocation of the FMLA leave." Crewl v. Port Authority of Allegheny County, W.D. Penn., No. 2:10-cv-00567, (2011).

FMLA Abuse: You Can Curb ItCompliments of BLR

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Q. How long do I need to retain I-9 forms of employees who are no longer with the company?

A. The employer must retain I-9 forms for all employees who are no longer with the company either three years after their hire-in date or one year after their termination, whichever one is longer.

SDEA Helpline Q & A

Q. I have an employee who is currently on Pregnancy Disability Leave and receiving State Disability Insurance (SDI) benefits. She will soon be eligible for Paid Family Leave benefits after she recovers from delivery. What is the waiting period before these benefits begin?

A. Paid Family Leave benefits typically require a seven (7) calendar day unpaid waiting period. The one exception is for claimants who are new mothers transitioning from Disability Insurance benefits to Paid Family Leave benefits.

For all other cases, the seven calendar day unpaid waiting period applies. Seven-day waiting period does not need to be taken seven days in a row. For example, if care were provided one day per week, the seven-day waiting period would be served over a seven-week period. Benefits are payable once the seven days have been served and all other eligibility criteria are met. Claimants must be off work at least eight (8) calendar days to receive benefits.

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

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

Interested in Becoming aSDEA Member?

Give us a call at 858.505.0024or email Becky Suffridge at

bsuffridge@sdea.com

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