How does Your Company Process Resignation Letters

Employers Best Practices: Resignation Letters

Often when we are performing an HR Audits, we discover that several employers do not require the employee to give them notice of their resignation in writing. We always recommend to employers to not just accept a verbal resignation but to require the employee to give them notice in writing.

The reasons you want the employee's resignation in writing are:

• Provides documentation if later the employee files a claim against the company
• Provides documentation if the employee tries to file for unemployment

Now, after a recent case in California, we can add another reason to the list:

• In case the employee tries to rescind their resignation, and the employer does allow them to rescind.

The case involved an employee who sued their employer when they would not allow the employee to withdraw their resignation. The employee claimed the employer, by failing to all the employee to withdraw their resignation was discriminating against her because of a disability.

The court ruled that because the employer had already accepted the employee’s resignation, the employer was under no obligation to allow the employee to withdraw her resignation, and the employer’s decision did not amount to an adverse employment action.

This is an important reason for all HR departments to add to their best practices to not only require the employee to submit their resignation in writing but also to accept the resignation in writing. Doing this simple step can avoid issues down the road.

Lauren Sims is the author and the Director of Human Resources Consulting for eqHR Solutions.

Whenever you require professional Human Resources or Payroll guidance to navigate the ever-changing landscape of California and Federal Employment Laws & Regulations, contact us for a no obligation consultation.

eqHR Solutions offers professional, tactical and strategic, human resources support, ADP payroll product implementation/training and payroll processing services for businesses throughout Southern California.

What to Do When an Employee Says the Word “Union”

Usually, managers have distrusted unions and fought unionization. Even hearing the word “union” can strike fear into the hearts of any Human Resources professional. The fear comes from the dread of collective bargaining and contract negotiations making their organizations less flexible and less efficient as well as increasing the cost of labor.

The segment of the workforce most likely to unionize these days includes lower-skilled workers making less pay. Typically examples of employees susceptible to unionization include maintenance, clerical and call-center workers.

The first best defense to preventing unionization in your workplace is to create a culture in your organization where workers will not want to unionize. Sounds simple, but not always easy to do. Union membership costs time and money and workers are unlikely to unionize unless they are very disgruntled.

If a company cannot afford to provide adequate pay and benefits to keep workers happy, they should consider increasing job satisfaction by giving them more flexibility and involvement in job duties and procedures. Companies should try to emphasize communication, involvement, respect, and rewards.

Unionization efforts tend to arise when management shows that it doesn’t care about employees. Managers need to regularly engage employees and hear their concerns.

If a unionization effort arises in your company, remember it a symptom. Management should take time to learn why employees believe that unionization is an option for them. Once management understands the issues, it can look for ways to address the concerns.

Companies should be very careful in how they react to an effort to unionize. It is a good idea to consult legal counsel before taking any action. It’s easy to violate labor regulations. Employers should make no comments or efforts that appear threatening to the employee for taking this action.  Employers should also refrain from threatening to shut down operations or asking individuals whether they are pro or anti-union.

While it can be frightening, management should continue to communicate with employees during this process. Active listening and positive response before a union vote may lead to rejection of the union and lay the groundwork for a better long-term relationship between management and workers.

Lauren Sims is the author and the Director of Human Resources Consulting for eqHR Solutions.

Whenever you require professional Human Resources or Payroll guidance to navigate the ever-changing landscape of California and Federal Employment Laws & Regulations, contact us for a no obligation consultation.

eqHR Solutions offers professional, tactical and strategic, human resources support, ADP payroll product implementation/training and payroll processing services for businesses throughout Southern California.

CA Employees Rest Period - Is Your Company Complying?

Rest Periods - Review Your Practices

Several industries, such as security firms, car dealerships, and medical fields have argued that they are not able to relieve their employees of all duties during rest breaks. Their argument has been that due to the nature of work, for example, a security guard or an emergency medical technician must remain on-call during rest breaks even if they do not actually do work during this time.

At the end of 2016, the California Supreme Court ruled that the employer must relieve employees of all duties during rest breaks and cannot require them to be on-call. Employers must:

•       Provide employees with an uninterrupted break;

•       Relieve employees of all duties; and

•       Relinquish any control over how employees spend their break time.

As a reminder, non-exempt employees must be provided rest periods, as close to the middle of each work period as is practical.  The rest period is based on the total hours worked daily at the rate of ten (10) minutes per four (4) hours worked. This chart illustrates how rest periods should be calculated:

Number   Hours Worked	Number - Ten Minute Periods
3 ½ – 6	1
6 – 10	2
10 – 14	3
14 – 18	4
18 – 22	5
22 – 24	6

Rest periods may not be added to meal periods to extend the time, nor used to make up for tardiness or leaving work early.

The court also ruled recently that commission only employees must be paid separately for their rest breaks. If you have commissioned employees, ensure that you pay those employees separately for their rest breaks and pay at least the minimum wage for that time. Don’t include the pay for rest breaks in employee’s advance against commissions.

Employers who do not permit employees to take a rest break owe each employee one hour of wages as a penalty for every day the rest period was missed.

Since rest breaks are paid and no off the clock like meal breaks, most employers do not require employees to clock in and out for breaks. However, employers should review their policies and procedures to ensure that employees are being provided uninterrupted rest breaks. Employers may also want to consider having their employees sign attestations every pay period that they were provided all their uninterrupted rest periods.

Lauren Sims is the author and the Director of Human Resources Consulting for eqHR Solutions.

Whenever you require professional Human Resources or Payroll guidance to navigate the ever-changing landscape of California and Federal Employment Laws & Regulations, contact us for a no obligation consultation.

eqHR Solutions offers professional, tactical and strategic, human resources support, ADP payroll product implementation/training and payroll processing services for businesses throughout Southern California.