Tuesday, March 17, 2015

eqHR Solutions HR Tip: What Does “one day’s rest there from in seven” mean to your business?

Stay tuned for a potential new interpretation of labor law codes 551 & 552 (“one day’s rest there from in seven”) that could affect your business.

Three California labor questions regarding these labor codes have been certified for review by the California Supreme Court, based on a 9th Circuit court ruling in Mendoza v. Nordstrom (9th Cir. 12-57130, 12-57144 2/19/15)

Note: Even if your employees volunteer to work seven or more continuous day, you should discontinue that practice until this appeal is decided.

Mendoza sued Nordstrom, alleging that it had violated California Labor Code sections 551 and 552 by failing to provide him with one day’s rest in seven on three occasions. He brought the action in California state court; Nordstrom removed to federal court. Mendoza also pleaded other claims that are not at issue in the present appeal. He filed his complaint on behalf of a class of similarly situated hourly, non-exempt Nordstrom employees in California, and he brought the relevant claim pursuant to the California’s Labor Code Private Attorneys General Act of 2004. See Cal. Lab. Code §§ 2698–2699.5. Gordon’s complaint in intervention alleged the same causes of action as those in Mendoza’s complaint.

With respect to the day-of-rest claims, the district court held a bench trial. The district court then ruled: (1) the day of-rest statute, California Labor Code section 551, applies on a rolling basis to any consecutive seven-day period, rather than by the workweek; (2) but California Labor Code section 556 exempts Nordstrom from that requirement, because each plaintiff worked less than six hours on at least one day in the consecutive seven days of work; and (3) even if the exemption did not apply, Nordstrom did not “cause” Mendoza or Gordon to work more than seven consecutive days, within the meaning of California Labor Code section 552, because there was no coercion; Plaintiffs waived their rights under California Labor Code section 551 by accepting additional shifts when they were offered.

The court dismissed the plaintiff’s action and a timely appeal to the Supreme Court

The court will decide three questions:

(A) California Labor Code section 551 provides that “[e]very person employed in any occupation of labor is entitled to one day’s rest there from in seven.” Is the required day of rest calculated by the workweek, or is it calculated on a rolling basis for any consecutive seven day period?

(B) California Labor Code section 556 exempts employers from providing such a day of rest “when the total hours of employment do not exceed 30 hours in any week or six hours in any one day thereof.” (Emphasis added.) Does that exemption apply when an employee works less than six hours in any one day of the applicable week, or does it apply only when an employee works less than six hours in each day of the week?

(C) California Labor Code section 552 provides that an employer may not “cause his employees to work more than six days in seven.” What does it mean for an employer to “cause” an employee to work more than six days in seven: force, coerce, pressure, schedule, encourage, reward, permit, or something else?

Friday, March 6, 2015

Please welcome our new client, Vitatech Nutritional Sciences

eqHR Solutions was retained to provide specialized ADP payroll product (WorkForceNow 6.0) implementation and to create several custom payroll reports:
  • Generate HR/Payroll Reports
  • Headcount Report
  • Anniversary Report
  • New/Term Report
  • Benefits Reconciliation Report
  • Hours Report (OT, Vacation/Sick Report)
  • Other Reports as needed

Vitatech manufactures Tablets, Powders and Capsules per your specification. Vitatech® Nutritional Sciences brings a mandate for superior quality – and the NPA’s Gold Seal of Approval – to every product made for you. With its laboratory FDA pharmaceutical licensed since 1954, Vitatech® is known for providing a level of quality and attention that exceeds the requirements of many regulatory agencies. Learn more about Vitatech Nutritional Sciences by visiting their website, http://www.vitatech.com/

Tuesday, March 3, 2015

Please welcome our new client, Valley Power Systems

eqHR Solutions was retained to implement and audit selected ADP payroll products and payroll data:
  • Implementation of WorkForceNow
  • Automate and Implement GL Reconciliation using GL InfoLink in partnership with Finance or Accounting
  • Interface Kronos with WorkForceNow to automated timesheet process
  • Audit payroll data for data integrity
  • Audit, load & balance vacation/sick/all time off accruals
  • Audit records - garnishments, unemployment and benefits

Valley Power Systems provides on-highway services using the best trained technicians in the business. With over 60 factory-trained, certified and experienced shop technicians, we are sure to get the job done quickly, completely and right the first time, getting your vehicle back on your way as quickly as possible.
If you can’t make it to our shop, we’ll come to you. We offer emergency service with a fleet of more than 120 fully stocked service vehicles ready to serve you 24 hours a day, 7 days a week. Whatever it takes, we’re there for you. Learn more about Valley Power Systems by visiting their website

Welcome a new client, The eddie nash Foundation for Foster Youth

eqHR Solutions was retained to create and present to the employees, a comprehensive California compliant Employee Handbook and create three customized Human Resources Policies, (Hiring, Disciplinary and Termination).

eqHR encourages every business to reduce potential liability by scheduling a biennial review of their employee handbook and HR policies for compliance with current California and Federal rule, regulations and recent court decisions.

The eddie nash Foundation mission is to empower foster youth, through collaborative efforts with community partners and creative programming, with the essential skills they need to live independent, productive lives once they are emancipated. The Eddie Nash Foundation was founded in 2007 by Bryan “Eddie” Nash, a former foster youth who became successful in business and wanted to help other foster youth succeed. Learn more about the foundation by visiting their website. 

Help us welcome a new client, University Credit Union

eqHRSolutions has been retained to provide ongoing senior level human resource guidance and strategic planning; senior management evaluation & development; and management training.
In February, eqHR presented the state mandated Bully and Sexual Harassment training for every UCU manager and supervisor. Later this year, eqHR will provide employee training for these important topics to inform and reduce potential liability.
In addition, our Business Process Improvement consultants performed tow in-depth process evaluation of in two critical departments, including the preparation of logical, improvement methodology reports.

University Credit Union (UCU) is a not-for-profit financial institution for employees and families of major South land Universities that was established in 1951 by UCLA employees, for UCLA employees.
The credit union's field of membership has grown extensively over the years, as has its products, services, and capabilities. Learn more about University Credit Union by visiting their website. 

Welcome our new client, Commonwealth Business Bank (cbb)

eqHRSolutions was retained to provide senior level human resources services and guidance while the VP of Human Resources is on leave.  In addition, our senior HR consultants will work directly with the Board of Directors and CEO to formulate 2015 strategic HR objectives and provide performance review assistance to the bank’s senior steering committee members.
Also, eqHR Solutions will process the bank’s semi-monthly payroll for 100+ employees using ADP Payroll and HRIS products.

cbb Bank is a traditional full-service business bank that opened on March 9, 2005. It is currently headquartered at the "Equitable Building" of the Los Angeles area of California, whose mission is to build financial relationships, one client at a time. Learn more about cbb Bank by visiting their website