OSHA Posting Reminder

Massive California Harassment Verdict 

 OSHA Posting Reminder 

Just a reminder that employers from non-exempt industries with more than 10 employees are required to maintain the OSHA 300 Log for work-related, OSHA-recordable injuries.

Beginning February 1 until April 30, employers are required to post their annual OSHA Summary Form 300A for the previous calendar year. This Annual Summary needs to be displayed in a location accessible to all employees.

The Log can be downloaded by clicking here. Because completing the Log can be challenging and confusing, here is a link to the most common mistakes made by employers.

Post only the annual 300A Summary between February 1 and April 30. The rest of your Log contains sensitive employee information that should be considered private and confidential.
 
Source: CPSafety and Environmental – Chuck Paulausky

California’s First Statewide 
Paid Leave Mandate 
For Organ & Bone Marrow Donations

In a very significant development for California employers, the state legislature has enacted the Michelle Maykin Memorial Donation Protection Act, which is the first state law to require private employers to provide paid leave of absences to employees. (California Labor Code §§ 1508-1513.) Click here for a copy of the law.

All private employers in California with 15 or more employees will now be required, effective January 1, 2011, to provide up to 30 days of paid leave per year for an organ donation in any one year period and up to 5 days of paid leave per year for a bone marrow donation. Leave provided for may be taken in one or more periods. 

Bone marrow and organ donation leave does not run concurrently with leave taken pursuant to the federal Family and Medical Leave Act or the California Family Rights Act.

In order to avail themselves of this paid leave, employees are required to provide written verification that he or she is an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow. The absence of the employee during their leave is not considered a break in continuous service for purposes of salary adjustments, sick leave, vacation, annual leave or seniority. In addition, employers are required to maintain and pay for coverage under an existing group health plan for the full duration of the leave.

An employer may, however, require as a condition of an employee’s initial receipt of bone marrow or organ donation leave, that the employee take up to 5 days of earned but unused sick or vacation leave for bone marrow donation and up to 2 weeks of earned but unused sick or vacation leave for organ donation, unless doing so would violate the provisions of any applicable collective bargaining agreement.

Employers are required to restore employees returning from organ or bone marrow leave to the same or equivalent position that was held by the employee when the leave began. And, it goes without saying that employers are prohibited from interfering with employees’ rights under this new paid leave law or retaliating against employees for taking such leaves. In the event employers violate the rights of employees under the organ and bone marrow donation leave law, employees are expressly given the right to file a lawsuit to recover both damages and injunctive relief.

Source: GORDON & REES LLP Newsletter

Massive California Harassment Verdict 
Gives Employee Two-Thirds of Employer's Net Worth 

In a recent sexual harassment verdict from Sonoma County, California, a jury awarded more than two million dollars to a former card dealer at The 101 Casino. The jury determined that the plaintiff's supervisor had sexually harassed her, and then retaliated against her when she reported the abuse. In making its award, which included $516,000 in past and future damages, as well as $1.5 million in punitive damages, the jury was persuaded by evidence of a pattern of sexual harassment at the casino. 

The plaintiff chronicled several incidents of offensive behavior, including sexual double entendres and inappropriate gifts, which went unaddressed despite being reported to management. For example, the plaintiff's supervisor brought in a promotional pen for the erectile dysfunction drug Levitra, and showed female employees how the pen grew lengthwise. In a separate incident, the same supervisor gave the plaintiff a candle as a gift and told her to think of him while she took a candlelit bath. After the plaintiff complained about her supervisor's unwelcome advances to the casino's human resources staff, her supervisor began disciplining her for minor or fabricated problems, and ultimately fired her. 

At trial, the plaintiff introduced the testimony of four female employees who said they too had been sexually harassed at the casino, including testimony from the casino's human resources manager. The jury's total award of nearly two million dollars constituted two-thirds of the casino's net worth.

Some conclusions that can be drawn from this case: 

	If evidence of harassment includes testimony from other employees, the plaintiff will look better in the eyes of the jury.
	Failure to respond to claims of harassment can generate juror anger.
	Cases in which harassment is simply verbal, and in which no egregious forms of physical harassment occur, can still result in substantial liability
	Juries will not necessarily factor in overall net worth when awarding damages.

A strong possibility exists that this verdict will be reduced on appeal. Nevertheless, the case serves as a potent reminder to employers of the importance of enforcing zero-tolerance anti-harassment policies, and consistently training all levels of management, and all employees, on anti-harassment policies. 

Source: Michelman & Robinson LLP 

On to our feature article ....

PERFORMANCE APPRAISALS
The Two Most Important Words During a Performance Appraisal

Generally, during the first quarter of each year companies like to review the performance of their employees. Here is an article that may help in this process. While performance reviews are not viewed kindly by either supervisor or employee, why not take a little extra time to communicate clearly why the employee’s performance met or did not meet expectations? You and your employees will be glad to know exactly why and how their rating was achieved. While not exactly “fun,” performance review time can be less stressful and more productive for all participants.
 

The Two Most Important Words  During A Performance Appraisal

Most supervisors are tasked with the annual event of completing a performance appraisal for each of their employees. Not only must supervisors rate an employee usually in multiple competencies, but more importantly, they must communicate this rating to their employee.

Perhaps the two most important words that help communicate where an employee stands throughout the year and during the appraisal process are,
 

A recent survey revealed that 72 percent of companies that held performance appraisals were not satisfied with the process. While there are many reasons for a company to be unsatisfied with its process, there usually is only one reason that employees are generally unsatisfied: the supervisor’s rating is not as high as the employee believes it should be.

As a supervisor, it is important to paint a picture for an employee that he or she can relate to and that will clearly reflect a particular attitude or behavior. When you review the rating for an employee’s competency level, be sure to ask yourself the following questions:

Often supervisors don’t spend as much time and effort in communicating the results of a performance appraisal review with an employee as they do in preparing it. However, communication is key to a successful relationship with the employee.

Communication does not begin at the end of the review process, but rather at the beginning. Clear expectations should be set from the first day of the supervisor/employee relationship. Expectations should include not only what the standards for the position are and the level of performance required, but should also include how to reach beyond the standard.

Communicating these expectations on an on-going basis provides an opportunity to:

Adhering to these actions throughout the year will ultimately shape the outcome of the performance appraisal review.

While every performance appraisal form may be different and rating scales may use a variety of terms to distinguish average performers from superior performers, eventually the words will have little meaning to employees because they will know which bucket they fall into. However, including the phrase “for example” in your supporting comments provides more depth to the employee’s understanding of their current status and how to achieve a higher standing.

The phrase “for example” emphasizes to the employee that your explanation is a well-thought-out remark, concern or rating. It reinforces to the employee that this is not simply an arbitrary number that has been selected or a subjective manager’s opinion. As a supervisor, these words provide a way for you to validate and structure your assessment and put your conclusions into action.

With the use of these two simple words, employees will have a clear understanding of the rating that you have assigned to the competency as well as how to improve, which instills in the employee that the rating is fair, objective and constructive.

Source: HRTools – Administaff © 2010

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President and Principal Consultant: Margaret Jacoby, SPHR

Margaret Jacoby has more than 25 years of Human Resources and professional management experience in a variety of industries. She has designed human resources infrastructure and implemented systems to ensure compliance with state and federal employment laws. She has directed high quality human resources functions for small and emerging businesses, and served as an external consultant to a wide range of erse organizations, including non-profits.

Her work has included:

• Conducting H.R. Needs Assessments

• Drafting employee handbooks and policy manuals

• Conducting job analysis and developing position descriptions

• Conducting on-site compliance audits

• Counseling management on progressive discipline

• Drafting and review of employee disciplinary actions

• Providing mediation in employee/employee conflict

• Training employees/supervisors/managers in the implementation of human resources systems and policies such as Sexual Harassment

• Conducting workshops for business owners on H.R. compliance issues.

Ms. Jacoby has earned the nationally-recognized certification of Senior Professional in Human Resources (SPHR) from the HR Certification Institute, Society for Human Resource Management (SHRM).

Ms. Jacoby’s professional affiliations include:

• Professionals in Human Resources Association (PIHRA)

• Society for Human Resource Management (SHRM)

• National Association of Women Business Owners (NAWBO), Los Angeles and Phoenix

• California Chamber of Commerce

• Arizona Small Business Association (ASBA)

• Long Beach Community Business Network (LBCBN)

• Institute for Management Consultants (IMC)

The information contained in this newsletter is provided as general information and is not a substitute for legal or professional advice. The information is provided by MJ Management Solutions, Inc. and while we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the newsletter or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.