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March,
2010 |
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Hello!
How
do you handle stress? It is something to
think about, as it is becoming more and more a
part of our everyday workplace!
Our articles this month address stress and give
you some tips on managing and eliminating
it! First some general information about
stress and then some legal facts that you should
know that can eliminate stressful HR
moments.
Here's is a listing with links to each
article: |
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Did
You Know "This" About Stress? |
Did You Know?
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Globally, more than 3 out of 5 doctor visits are for stress related problems. -Foundation for Integrated Research in Mental Health
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| 2. |
"Stress is linked to the
five leading causes of death – heart disease, cancer, lung ailments, cirrhosis of the liver and suicide." -American Psychological Association, 2005
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| 3. |
62% of Americans say work has a significant impact on stress levels.
-APA
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| 4. |
61% of workers list heavy workloads as a significant impact on stress levels.
–APA
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| 5. |
54% of workers are concerned about health problems caused by stress.
-APA
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| 6. |
The Wall Street Journal reported that one third of people surveyed considered quitting their jobs because of stress and 14 % actually did.
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| 7. |
One in four workers have taken a ‘mental health day’ off from work to cope with stress
-APA Survey, 2004
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How are employers handling the stress employees are facing these days? Some easy and cost-effective strategies could include:
This economy won’t last forever. When it starts the upswing, little things like these that engage your employees and improve their morale in tough times will be remembered and even prevent the good ones from bolting when another opportunity comes along.
Think about it.
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Do You Know About the Special Family Leave Laws for California Employers?
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Dealing with family and medical leave requests can cause more
stress and headaches for employers than almost any other HR issue.
It’s doubly difficult in California, because you’re forced to comply with both the federal FMLA and the state CFRA. And the two don’t always agree:
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Under federal rules, you can ask employees why they’re taking paid leave — but you can’t ask in California unless the workers are requesting sick leave. |
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California passed its own law governing leave for pregnancy-related disabilities that, combined with other types of family leave, can mean up to 29 weeks of combined time off. |
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Federal FMLA forms allow doctors to indicate a diagnosis showing why an employee needs leave, but California law forbids this unless your employee consents. (You’re even prohibited from asking for second opinions, in some cases.) |
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Under California law, your workers may request leave to care for registered domestic partners — but not under FMLA. |
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One California rule says that, if both parents work for you, you can limit their combined leave for a child’s birth, adoption, or foster placement to 12 weeks in a 12-month period. But that contradicts another state law that forbids discrimination based on marital status. |
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Source: (c) Copyright 2010, Employer Resource Institute - All rights reserved.
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How do you handle these situations? If you have an HR professional on your staff, then she will probably know what to do in each situation.
If you don’t have one on staff, our HR Help Desk™ is available to answer questions and provide the guidance you need in these often sticky situations.
Contact us at 310-798-4569 or
margaret@mjms.net.
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And our quiz is also related
to "leave" and stressful decision
making!
Velma is a senior manager at Mystery Inc. who earns an annual salary of $50,000. She directs the work of three junior investigators and decides whom to hire and fire. Velma is contemplating having LASIK eye surgery and a tummy tuck. Although she has no leave time available to her, she has left work early six times in the last month to consult with numerous surgeons. Velma's supervisor, Fred, believes her absences constitute an abuse of time and has docked her pay every time she was gone from the office for more than two hours. Is this OK? |
A)
No. She should be reimbursed for all time missed.
B)
Yes. Her absences are excessive and her status as an exempt
employee does not protect her from being disciplined.
C)
Yes. Velma is not an exempt employee because she does not
meet the primary duties test for an exempt executive.
D) It depends on whether she will look and feel better with 20/20
vision and a flat tummy. |
Answers are found at the end of our feature
article. |
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Now
on to our feature article ...
a heads up for some legal enforcement that is
happening right now!
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Arizona Issues LAWA Sanctions |
The Legal Arizona Workers Act (LAWA) became effective on January 1, 2008. LAWA requires all Arizona employers to verify the legal status of every new employee hired through the E-Verify program administered by the U.S. Department of Homeland Security and calls for business license revocation for employers that knowingly or intentionally employ an unauthorized alien. Over 35,000 Arizona employers now participate in the E-Verify program.
This month, the first business was penalized under LAWA. Numerous media reports indicate that a sandwich shop in west Phoenix settled the case by agreeing with the Maricopa County Attorney to close the shop for two days and remain on probation for three years. Immigration and Customs Enforcement (ICE) officials had previously advised the employer that a particular employee was illegal. However, the employer later allegedly allowed the same worker to use fake identification when it rehired the individual. ICE investigated and later arrested the employee and fined the employer. The Maricopa County Attorney’s office was notified and the resulting negotiations ended in the settlement.
For additional information on LAWA and legal challenges to the law, see the September 18, 2008 issue of the Arizona eAuthority and the Maricopa County Attorney’s
LAWA site.
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If you are an Arizona employer and have not signed up yet to use E-Verify, this case handled by the Maricopa County Attorney’s office might convince you that Arizona means business with this requirement. |
| If you have few employees and hire only sporadically, you may want to consider engaging a Designated Agent (DA) to process I-9 forms for you. A DA is authorized by the Dept of Homeland Security and the E-Verify program to process new employees on behalf of an
employer |
| MJMS has been a Designated Agent since January, 2008 and would love to help you get into compliance and stay there. Contact us for more information at 480-924-6101 or
margaret@mjms.net.. |
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If
you are not an AZ employer, don’t
think you are immune to this kind of
enforcement – Read On…
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Virginia, New Jersey and Maryland
Consider E-Verify Laws |
While E-Verify remains voluntary at the federal level (except for certain federal contractors), individual states have been active in requiring E-Verify for employers. Arizona and Mississippi (phasing in through July 1, 2011) have laws requiring E-Verify of all employers. By July 1, 2010, South Carolina’s law requiring employers to
either use E-Verify or review a qualifying driver’s license will be entirely phased in. Several other states purport to require E-Verify of public employers and/or government contractors (including Georgia, Minnesota, Oklahoma and Missouri).
Among the states considering requiring E-Verify are Virginia, New Jersey and Maryland. The Virginia state legislature has passed a bill that requires state agencies to enroll in E-Verify starting December 1, 2012. As originally proposed, the law would have required employers with 15 or more employees to use E-Verify. However, the law was amended before passage and E-Verify for private employers in Virginia will remain voluntary. Meanwhile, the Maryland General Assembly is considering legislation that would require all state and local contractors in Maryland to use E-Verify. Finally, a bill was introduced in the New Jersey State Senate on February 18 to require every employer to verify the employment eligibility of new employees through the E-Verify program (see the
March 2010 issue of the New Jersey
eAuthority). Employers need to continue to monitor federal and state law developments to determine the applicability of E-Verify requirements to their businesses.
Source: Immigration eAuthority Monthly by
Ogletree, Deakins, Nash, Smoak & Stewart, P.C. |
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Answers
to the quiz:
1. No. She should be reimbursed for all time missed.
Explanation:
The FLSA (Fair Labor Standards Act) prohibits employers
from reducing an exempt employee's salary for personal
reasons other than sickness or accident unless she is
absent for at least a full day. Since Velma's absences
are for less than a full day, her salary cannot be
docked for these absences. However, an employer can
expect an exempt employee to work a full 40-hour week
and may discipline her in a manner consistent with the
rules when she does not.
Source:
hrhero.com – Katherine Townsend
Don't Forget To Access Our WebForms.
Answer All Your Human Resource Needs! Manage Your Day-to-Day Non-Profit or Small Business Organize All Necessary Human Resource Information Promote Legal Compliance Within Your Organization.
Click Here To Know More!
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ABOUT MJMS, INC. |
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. |
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Phone: 480-924-6101 and 310-798-4569
Fax: 408-452-1429
margaret@mjms.net • MJ Management Solutions, Inc.
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