FLSA Requirements to Accommodate New Mothers

Are you doing enough to accommodate your new mothers?

California law requires employers to reasonably accommodate employees who want to express breast milk at work. The general definition of expressing breast milk is to pump or otherwise remove breast milk from one’s body.

Which employers are required to provide this accommodation?

Federally, all employers covered by the FLSA must conform. You may be exempt from the law if you employ fewer than 50 people and can show that compliance with the regulation would create an undue hardship.

In California, however, the Fair Employment and Housing Act (FEHA) protects from discrimination, harassment and retaliation on the basis of “sex,” which specifically includes “breastfeeding and medical conditions related to breastfeeding.” Therefore lactation is protected by FEHA’s laws against pregnancy discrimination.

Employees may request a reasonable accommodation of their need to express milk, the burden is on the employers to evaluate the request.

What are you required to do?

• Provide a reasonable amount of break time for employees to express breast milk
• Nonexempt (hourly) employees can be required to use the paid, break time you already provide. If the employee needs additional time beyond the normal paid rest break for expressing milk, the time must be provided, but it may be unpaid.
• Exempt employees may take reasonable breaks to express milk as part of their regular workday.
• If they choose to, employees may use their lunch break, but you are still required to provide reasonable break time if necessary.
• Provide the use of a private place (other than a toilet stall) that’s in close proximity to the employee’s work area for the employee to use to express breast milk. The employee’s normal work area can (i.e. private office)be used if it allows the employee to express milk in private.

What can happen if you don’t comply?

The Labor Commissioner may issue a citation to employers that violate this law, subjecting them to a civil penalty of $100 for each violation.

How Private is Private?

Employers must make reasonable efforts to provide a room, other than a toilet stall, in close proximity to the employee’s work space.

It can be an employee’s office or a separate room. To ensure privacy, a locking door with an appropriate sign, such as “Private. Please Do Not Enter Without Prior Authorization,” will ensure only those who have a legitimate need to be in the space can enter.

Because transgender employees are also protected, do not use gender-specific terms to address privacy

Best Practices for New Mothers

• Provide reasonable accommodation to employees who request it for lactation purposes.
• Ensure your workplace has an appropriate place to express breast milk if an employee requests accommodation.
• Do not discriminate on the basis of gender when evaluating a request for lactation accommodation.
• Update policies to ensure compliance with applicable laws.
• Never deny a request for the need to express breast milk/lactation without first consulting legal counsel. There are gray areas of compliance that should be explored.

Lauren Sims is the author and a principal HR Consultant with eqHR Solutions. Whenever you require Human Resources or Payroll advice, or help navigating the ever-changing landscape of California and Federal Employment Laws & 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.

Why You Need an Up-to-Date Employee Handbook

Many employers are intimidated by the task of creating and maintaining an Employee Handbook. A well-written employee handbook is an important document and necessary for all businesses, from 2 employees to 20,000.

What is the purpose of your Employee Handbook?

• Introduce employees to the mission, history and values of the organization;
• Provide guidance on personnel matters, such as leaves of absences and time off policies;
• Sets performance and conduct expectations;
• Communicates company policies on harassment and discrimination in the workplace.

Employers must follow their employee handbooks consistently. A handbook is a legal document that can protect employers, from liability in some instances.

What Should Your Handbook Include?

While not comprehensive, here is a list of important things to include in your Handbook:

• At- Will statement- provide a clear statement that all employment is at-will and the Handbook does not make any promise of continued employment;
• Employment Classification- define full-time, part-time, temporary, interns. seasonal or any other employment classifications your company has. Also, clearly define what a non-exempt and exempt employee is and what your pay practices are for each;
• Hours- state the normal working hours for employees and what your company’s payroll week and pay dates are;
• Benefits- provide general information the rules relating to benefits, including vacation pay, sick pay, and unpaid leave. For health benefits, other insurance benefits, and retirement benefits, refer employees to the official plan documents that explain the rules.;
• Drug and alcohol abuse- generally state your policy prohibiting employees from using drugs or alcohol in the workplace. If you require drug testing, state the conditions under which this will be conducted. Also, include information regarding accommodating employees to deal with substance abuse through counseling or employee assistance programs;
• Harassment and Bullying- clearly state that sexual and other types of harassment are illegal and violate your policies. Let them know that you will not tolerate unwelcome sexual comments or conduct and that you will treat any complaints of harassment seriously. Specify how and to whom an employee can complain of harassment, what procedures you will follow to investigate complaints, and what actions will be taken against harassers. Also, clearly state that employees who report harassment in the workplace will not be retaliated against;
• Attendance- emphasize the importance of good attendance and showing up on time. Explain that numerous unexplained absences or repeated tardiness can be a basis for disciplinary action or even termination;
• Employee safety- state that employee safety is a major concern of your business and that employees are expected to follow safety rules and report any potentially dangerous conditions;
• Smoking- state that smoking is prohibited on all company premises;
• Complaints- describe what procedures should be followed to make and resolve complaints;
• Electronic communications- include your company policies on use of email, the Internet, social networking sites, blogs, and so on;
• Leave policies- list all leave of absence policies both required by federal and state law (such as FMLA and Time off to Attend School Activities) and offered by the employer (such as Bereavement Leave).

What Not to Include in your handbook

The language in employee handbooks may create binding obligations on employers. You should make sure that you can enforce and abide by everything you include in your Handbook consistently and fairly. Here are some other things to leave out:

• Specific reimbursement policies and other housekeeping items- if the policy doesn’t apply to all employees, or if you feel you may need to revise it more often than your Handbook, don’t include the policy;
• Promises of continued employment-For example, don’t put language in your handbook that promises employees a job if they follow your rules. A court might interpret this as a contract of employment that prevents you from firing employees without good cause;
• Rigid progressive discipline policies- while you may follow some form of progressive discipline for performance problems or misconduct you want to make sure to keep your options open. Don't obligate yourself to follow the same disciplinary pattern for every employee in every circumstance.

Update Your Handbook

Review handbooks at least once a year, and possibly even more frequently if new laws become effective midyear. Involve managers and supervisors in the handbook review process. They can best report on whether policies have become moot, are ignored or are simply no longer relevant to the business needs.

Notify Employees of Changes

Make sure employees receive proper notice of the changes. The best way to do this is to distribute the new Handbooks along with a memo summarizing any changes in the Handbook from the prior version. Make sure to have all employees sign an acknowledgment stating that they received the new Handbook and the revisions. If an employee refuses to sign, inform the individual in writing that the policies still will apply to apply to him or her, and retain a copy of that notice.

If you have several changes or a large change that affects many employees, it is a good idea to meet with all managers face-to-face to review policies and ensure the policies are understood and are followed consistently.

Lauren Sims is the author and a principal HR Consultant with eqHR Solutions. Whenever you require Human Resources or Payroll advice, or help navigating the ever-changing landscape of California and Federal Employment Laws & 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.

Reminder - Exempt Salaries will Increase to $913.00/week on 12/01/216

Department of Labor Final Rule - Effective December 1, 2016 

  

The Department of Labor's Final Rule increased the minimum salary for exempt "white collar" workers to $913 per week ($47,476 annually) as of 12/01/2016. 

Although several lawsuits have been filed, as of today, the DOL Rule will go into effect as planned.

In May, we reported on this change and recommend that you read our article, How To Deal with the DOL Overtime Rule for Exempt Employees

Also, we recommend you review the Department of Labor  FAQ section  for additional information pertinent to your workers's compensation.

Whenever you require Human Resources or Payroll advice, or help navigating the ever-changing landscape of California and Federal Employment Laws & 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.

 

Be Prepared - Changes to the New 2016 I-9 Form

New I-9 Forms Being Released in November

Employers should be aware the I-9 form has been updated, the new form will be available by Nov. 22, 2016, U.S. Citizenship and Immigration Services (USCIS) announced. Employers may continue to use the current version of Form I-9 with a revision date of 03/08/2013 until Jan. 21, 2017. After Jan. 21, all previous versions of the Form I-9 will be invalid. The new Form I-9 will have an expiration date of Aug. 31, 2019.

Changes to the Form I-9

• The new form is designed to help employers reduce technical errors for which they may be fined, and include:
• Validations on certain fields to ensure information is entered correctly. The form will validate the correct number of digits for a Social Security number or an expiration date on an identity document, for example.
• Drop-down lists and calendars.
• Embedded instructions for completing each field.
• Buttons that will allow users to access the instructions electronically, print the form and clear the form to start over.
• Additional spaces to enter multiple preparers and translators. If the employee does not use a preparer or translator to assist in completing section 1, he or she must indicate so on a new check box labeled, "I did not use a preparer or translator."
• The requirement that workers provide only other last names used in Section 1, rather than all other names used. This is to avoid possible discrimination issues and to protect the privacy of transgender and other individuals who have changed their first names, Fay said.
• The removal of the requirement that immigrants authorized to work provide both their Form I-94 number and foreign passport information in Section 1.
• A new "Citizenship/Immigration Status" field at the top of section 2.
• A dedicated area to enter additional information that employers are currently required to notate in the margins of the form, such as Temporary Protected Status and Optional Practical Training extensions.
• A quick-response matrix barcode, or QR code, that generates once the form is printed that can be used to streamline enforcement audits.
• Separate instructions from the form. Employers are still required to present the instructions to the employee completing the form, however.

The new I-9 form is not an electronic I-9 as defined in the regulations, employers filling out the new form I-9 will still need to print the form and , obtain handwritten signatures, store in a safe place, monitor reverifications and updates and retype information into E-Verify if required.

For additional information see the I-9 Central US Citizenship and Immigration website.

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

Whenever you require Human Resources or Payroll advice, or help navigating the ever-changing landscape of California and Federal Employment Laws & 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.

5 Reasons Why Businesses Need to Send Offer Letters

Start Off On the Right Foot with an Offer Letter

I’m always a little surprised when I meet employers who do not use offer letters. Many times they will say that they don’t think that certain job levels need to receive offer letters, or they feel they just don’t have time to produce the letters. They feel confident they can bring on their awesome new-hire based on a verbal agreement, and that should be enough.

However, I always recommend that employers give new hires written offer letters for every position and here’s why:

1. Offer letters start the employment relationship off on a positive note. This is a great opportunity to welcome your new hire to the company. A good offer letter is direct and positive.
2. Offer letters are a great way to establish expectations up front. Most offer letters include the new employee’s title, starting salary, work location, supervisor and hours of work.
3. Offer letters serve as a legal basis for employment and can be valuable documents if there are future questions or issues.
4. A job offer letter allows you to itemize the facts about the offer, outline the job’s responsibilities and highlight relevant details about the company. In the event that the candidate wants to negotiate issues like salary or vacation, the job offer letter serves as the reference point.
5. Many candidates do not feel comfortable resigning from their current position without an offer letter from their new position. An offer letter allows new employees to feel confident in their decision to join your company.

Items to include in a job offer letter:

• A Congratulatory statement that includes what their position will be, what team they will be joining and who their supervisor will be;
• Salary: State the starting salary or hourly rate, frequency of payment If your company offers performance bonuses or stock options, state these clearly and in full;
• Conditions of employment (full/part-time, temporary/regular, exempt/non-exempt);
• Benefits:  Briefly describe the benefits coverage provided by your company such as dental, health and/or other types of insurance. Note that benefits information will be communicated in further detail upon orientation of the new employee;
• Vacation, sick or paid time off benefits you offer;
• Dates and Times: Be explicit. For instance, state when you want the signed offer returned, expectations concerning hours of work per week, and the job start date and time;
• Name Relevant Documents: If your company requires new employees to sign other documents, such as non-confidentiality or non-compete agreements, attach them to the offer.;
• Contingencies: state if the offer is contingent on a background check or the pending forms or tasks such as tax forms, confidentiality agreements, drug screens or physicals. The purpose of including contingencies is to protect employers from legal obligations should an offer of employment be rescinded based on information obtained after the offer was extended.
• At-Will Employment: Inclusion or an at-will statement in an offer letter is essential to protect employers from wrongful termination lawsuits;
• Excitement for the future

Offer letters may seem like unnecessary nuisances to some employers but they are invaluable tools to help start off the employment relationship with your new employee right. Employers should draft offer letters and give them to newly hired employees before their first day of work. A good offer letter can be direct and will help job seekers feel valued that you as an employer are making a commitment to them and are excited to have them on your team.  

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

Whenever you require Human Resources 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.

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.