1st Reliant Home Loan Engages eqHR Solutions - Recruiting and HR Consulting

We are pleased to announce that eqHR Solutions has been engaged by 1^st Reliant Home Loans, a leading home loan Orange County mortgage broker.  Since 2006, 1^st Reliant has been in the business of dream making! From providing affordable loans to first-time buyers and helping current home owners refinance their home and save on their monthly payment, to offering reverse mortgages for established owners who want to turn their home equity into cash.

Our services include full talent acquisition and professional human resources consulting. In the recruiting process, we will post & revise open positions; conduct telephone pre-screening of qualified candidates; review candidate interviews with the hiring managers; verify final candidates’ business references and conduct background checks.

As 1^st Reliant’s HR consultants we will provide employee relations guidance for management, including on-site and remote support for disciplinary and termination actions.

eqHR Solutions is a leading human resources and payroll consulting firm, providing tactical and strategic human resources employment support and ADP payroll product training. Services are provided for all size businesses in Southern California and the San Francisco / Bay area.

Good Clothing Inc engages eqHR Solutions - HR & Payroll Consulting

We are pleased to announce that eqHR Solutions has been engaged by Good Clothing Inc., d/ba/ GS Love. Good Clothing was started in 2004, with GS Love on it’s way to being one of fashion’s fastest growing brands.

GS-Love is a one stop destination for trendy, affordable fashion for women of all shapes and sizes. The company prides itself by bridging the gap from the ever-fast changing fashion industry by maintaining the trendiest merchandise in stock every day.

Our engagement includes ongoing professional human resources consulting & support, both on-site and remote. In the first phase, we will complete an HR assessment of the client's internal HR processes and controls. The ongoing support includes employee relations, compensation management, employee benefits, employee performance, management training and recruiting / on-boarding.

eqHR Solutions is a preferred training vendor for ADP payroll products.  In the near future, the client is planning to engage our services when they convert ADP PayExpert to ADP Workforce Now 9.1.    

eqHR Solutions is a leading human resources and payroll consulting firm, providing tactical and strategic human resources employment support and ADP payroll product training. Services are provided for all size businesses in Southern California and the San Francisco / Bay area.

Is you Company in Compliance for the Election November 8th 2016

The upcoming presidential election is approaching and as we get closer, California employers should ensure they are ready and in compliance with the laws regarding employee time voting off.

California employers are required to post a notice to employees advising them of provisions for taking paid leave for the purpose of voting in statewide elections. A statewide election is an election held throughout the state.

A sample of this notice, as well as a notice to employers regarding time off for voting is available here: http://elections.cdn.sos.ca.gov//pdfs/tov-english.pdf  or, you can call the Elections Division at (916) 657-2166 to order posters of the notices.

Employers must post the employee notice ten (10) days before a statewide election. The employee notice must be posted either in the workplace or where it can be seen by employees as they enter or exit their place of work.

Employees are eligible for paid time off for the purpose of voting only if they do not have sufficient time outside of working hours to vote. Polls are open on November 8th from 7:00 a.m. to 8:00 p.m.

Employees can be given as much time as they need in order to vote, but only a maximum of two hours is paid.

Employers may require employees to give advance notice that they will need additional time off for voting.

Employers may require time off to be taken only at the beginning or end of the employee's shift.

Lauren Sims is the author and a principal HR Consultant with eqHR Solutions.

Whenever you require HR or Payroll advice or help navigating the ever-changing landscape of California and Federal Employment Laws and Regulations, call us for a no obligation consultation.

eqHR Solutions is a leading human resources and payroll consulting firm, providing tactical and strategic human resources employment support and ADP payroll product training. Services are provided for all size businesses in Southern California and the San Francisco / Bay area.

Do You Know the Final Pay Requirements in California?

We often hear stories about managers who come to their HR or Payroll Departments and say: “Susie resigned, but don’t give her a final paycheck because she still has a company credit card and cell phone and I don’t want to pay her until she returns those items.”

Is this legal? Nope. Employers should be aware that final pay is sacred in California and may not be withheld under most circumstances. Here are some rules of thumb to remember:

Timing of Final Wage Payments:

• An employee who gives at least 72 hours’ prior notice of his or her intention to quit, must be paid all of his or her wages, including accrued vacation or paid time off, on their last day of employment.
• An employee who quits without giving 72 hours’ prior notice must be paid all of his or her wages, including accrued vacation or paid time off, within 72 hours of quitting. The 72 hours includes weekend days. An employee who quits without giving 72-hours prior notice may request that his or her final wage payment be mailed to a designated address. The date of mailing will be considered the date of payment for purposes of the requirement to provide payment within 72 hours of the notice of quitting.
• An employee who is terminated or laid off must be paid all of his or her earned and unpaid wages, including accrued vacation or paid time off, immediately at the time of termination.
• If the employer does not meet the final pay time frame, former employers must pay penalties equal to the equivalent to the employee’s daily wage, for every day the employer has not paid the final wages up to a maximum of 30 days.
• An employee will not be awarded waiting time penalties if he or she avoids or refuses to receive payment of the wages due.

What final wages must be Paid?

• All wages, accrued vacation or paid time off, any commissions that are due.

Place of Final Wage Payments:

• The place of the final wage payment for employees who are terminated (or laid off) is the place of termination. The place of final wage payment for employees who quit without giving 72 hours prior notice and who do not request that their final wages be mailed to them at a designated address, is at the office of the employer within the county in which the work was performed.
• Direct deposits of wages to an employee's bank that were previously authorized by the employee are immediately terminated when an employee quits or is discharged, and the payment of wages upon termination of employment. Employees may voluntarily authorize to receive their final pay as a direct deposit as long as the employer complies with the timing rules listed above.

Employee Wage Disputes:

• If a good faith dispute exists concerning the amount of the wages due, no waiting time penalties would be imposed. A "good faith dispute" that any wages are due occurs when an employer presents a defense, based in law or fact which, if successful, would preclude any recovery on the part of the employee.
• Even if there is a dispute, the employer must pay, without requiring a release, whatever wages are due and not in dispute. If the employer fails to pay what is undisputed, the "good faith" defense will be defeated whatever the outcome of the disputed wages.

We often hear of situations where the Payroll Department is scrambling because an employee resigned a week ago and stopped working, but the manager never notified HR or Payroll of the resignation.

In this case, unfortunately, the safest route for the employer is to pay all final wages, accrued vacation or paid time off and waiting period penalties through the date that the final wages are paid. This does result in paying the employee an extra week post the last day they worked, however, if the employee files a complaint with the DLSE, they would be rewarded that pay by the agency.

Failure to pay employees correctly and timely when they are leaving the company can be costly. Employers should ensure that their procedures are compliant with the state law and their managers understand the requirements.

Lauren Sims is the author and a principal HR Consultant with eqHR Solutions.

Whenever you require HR or Payroll advice or help navigating the ever-changing landscape of California and Federal Employment Laws and Regulations, call us for a no obligation consultation.

eqHR Solutions is a leading human resources and payroll consulting firm, providing tactical and strategic human resources employment support and ADP payroll product training. Services are provided for all size businesses in Southern California and the San Francisco / Bay area.

eqHR Solutions engaged by AR Academics

  

We are pleased to announce that eqHR Solutions has been engaged by AR Academics, a well-respected academic tutoring firm specializing in math, science, history, English and study skills tutoring for individuals and small groups.

AR Academic, located in Orange County, also provides critical standardized test prep for ACT and SAT to AP exams & SAT II subject test.

Our services include a complete HR assessment, evaluating CA and federal regulatory compliance, along with a review of internal processes (recruitment, on-boarding and termination, wage & hour).  The firm's current job descriptions will be tested for FLSA compliance (exempt / non-exempt status).  This engagement includes ongoing professional human resources tactical and strategic consulting.

eqHR Solutions is a leading human resources and payroll consulting firm, providing tactical and strategic human resources employment support and ADP payroll product training. Services are provided for all size businesses in Southern California and the San Francisco / Bay area.

Can I use English Only Policy in the Workplace?

Be Careful When Creating an English Only Policy in the Workplace

Many employers believe that only English should be spoken in the workplace. Employers cite complaints from other employees about co-workers who might feel uncomfortable or excluded when coworkers speak other languages.

Other times the reasons are more practical, instructions need to be given to employees, signs and other safety instructions may only be in English, raising concerns about the safe and efficient operations of the business.

Both federal and California anti-discrimination laws prohibit discrimination in national origin. Therefore, companies cannot prohibit other languages without a true business need to do so.

According the Equal Employment Opportunity Commission (EEOC), there are ways to implement nondiscriminatory English-only rules that apply to specific circumstances in the workplace. These conditions relate to safety and the efficient operation of the organization. For safety reasons, it is permitted to require that English be used during emergencies or when performing job duties in areas where there may be fire or a potential for explosions. Casual conversations between employees when they are not performing job duties cannot be limited to English.

English can be required in the following circumstances:

• Dangerous conditions. If the job site is one that involves a high risk of physical injury or death, an English-only policy might be necessary to ensure the highest level of safety. Risky job sites and situations could include: construction sites, emergency medical operating rooms, critical laboratory services, and other employment that involves serious risk or injury.
• Ensuring proper supervision. Where supervisors who only speak English need to be able to monitor all employee communications to ensure work is being efficiently carried out and only appropriate discussions are taking place.
• Business requires it. Where English needs to be spoken to communicate with customers, coworkers, or supervisors that only speak English, an English-only policy may be appropriate.

Employers must remember that when employees are not working under such circumstances and during breaks, English-only is not a necessity.

To help diffuse situations between co-workers who may feel uncomfortable when they hear foreign languages being spoken, we recommend implementing diversity training to encourage respect for those who speak more than one language and to help create an awareness that people may speak another language to relax or feel closer to their heritage. Employers should ensure that all managers are fully aware of and support the employer’s policies on language use and ensure that no discrimination takes place within their departments.

Employers should also be mindful that discriminating against a worker for their accent is also considered a potential form of discrimination. It is against the law to deny an individual a job, or discriminate against that person solely on the basis of their accent without a legitimate business reason.

Employers must be diligent to ensure that they do not institute either formally or informally a blanket English-only rule at work because it can be burdensome and potentially discriminates against employees. Remember that California and federal law recognize that English-only policies in the workplace are a potential form of national origin discrimination and can create a hostile work environment.

Lauren Sims is the author and a principal HR Consultant with eqHR Solutions.

Whenever you require HR or Payroll advice or help navigating the ever-changing landscape of California and Federal Employment Laws and Regulations, call us for a no obligation consultation.

eqHR Solutions is a leading human resources and payroll consulting firm, providing tactical and strategic human resources employment support and ADP payroll product training. Services are provided for all size businesses in Southern California and the San Francisco / Bay area.

The Original Mowbrays Tree Service Engages eqHR Solutions

We are pleased to announce that eqHR Solutions has been engaged by The Original Mowbray's Tree Service.

Mowbray's is a family owned business operating a fleet of 120 vehicles in San Bernardino, CA.

Since 1972, Mowbray's has operated a commercial and residential tree service, including employing several I-SA certified arborists who provide expert tree wellness, nutrition and transplanting guidance.

The engagement includes continuing professional human resources tactical and strategic consulting; implementation of the ADP Essential Plus Payroll product and the ADP Enhanced HR product; ADP Product staff training; and starting in January, eqHR will perform the Mowbray's payroll processing.

eqHR Solutions is a leading human resources and payroll consulting firm, providing tactical and strategic human resources employment support and ADP payroll product training. Services are provided for all size businesses in Southern California and the San Francisco / Bay area.

EEO-1 reports are due September 30, are you ready?

Who must file EEO-1 reports?

1. All employers with 100 or more employees, excluding state and local governments, school systems, institutions of higher education, Indian tribes and tax-exempt private membership clubs other than labor organizations.
2. Employers with fewer than 100 employees if the company is owned or affiliated with another company and the entire enterprise employees a total of 100 or more employees.
3. All federal contractors who have 50 or more employees and have a contract, subcontract or purchase order amounting to $50,000 or more

How do I file EEO-1 reports?

Single establishment employers (i.e., employers with only one physical location) can file either a paper form or can submit their report online.

Multi-establishment employers (i.e., employer doing business at more than one location) must complete online:

1. A report covering the headquarters office
2. A separate report for each location with 50 or more employees
3. A separate report for each location with fewer than 50 employees, or a location list that consolidates the data

To file or get more information about filing, go here: http://www.eeoc.gov/employers/eeo1survey/

What information do I need to provide?

The number of employees by race, sex and job category. Remember to provide an opportunity for your employees to self-identify their race and ethnic information. You are required to attempt to allow employees to self-identify. This information should be kept confidential and separate from the employee file. If an employee declines to self-identify, employment records or observer identification may be used.

Make sure your forms and data collection is updated with the most current race and job categories.

Current Race/Ethnic categories:

• Hispanic or Latino
• White (Not Hispanic or Latino)
• Black or African American (Not Hispanic or Latino)
• Native Hawaiian or Other Pacific Islander (Not Hispanic or Latino)
• Asian (Not Hispanic or Latino)
• American Indian or Alaska Native (Not Hispanic or Latino)
• Two or More Races (Not Hispanic or Latino

Current Job Categories:

• Executive/Senior Level Officials and Managers
• First/Mid-Level Officials and Managers
• Professionals
• Technicians
• Sales Workers
• Administrative Support Workers
• Craft Workers
• Operatives
• Laborers and Helpers
• Service Workers

For more detailed information about the categories, see: http://www.eeoc.gov/employers/eeo1survey/2007instructions.cfm

A job classification guide can be found here: http://www.eeoc.gov/employers/eeo1survey/jobclassguide.cfm

Lauren Sims is the author and a principal HR Consultant with eqHR Solutions.

Whenever you require HR or Payroll advice or help navigating the ever-changing landscape of California and Federal Employment Laws and Regulations, call us for a no obligation consultation.

eqHR Solutions is a leading human resources and payroll consulting firm, providing tactical and strategic human resources employment support and ADP payroll product training. Services are provided for all size businesses in Southern California and the San Francisco / Bay area.