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November/December,
2011 |
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Aloha, Friends:
I am writing this from Kailua-Kona, Hawaii, where I spent the Thanksgiving holiday with family. The Aloha spirit and
this holiday season really put me in a space—the holiday is coming up so fast we did not get the November newsletter
out in time. So, this one is for both November and
December. It includes several short articles that I hope
will keep you "on top" of some of the new 2012 legal requirements and, of course, a quiz to sharpen your compliance IQ.
MJMS extends all our best wishes to you for a peace-filled and joyous holiday --- may warmth, love and "fun" surround you!
A sincere thank you is also sent to you for your support and interest in MJMS this past year. As we move into the new year
we wish you fulfillment of your fondest dreams, creation of new challenges and increased prosperity. Remember, “The person
who aims at nothing is sure to hit it.” Let’s all aim for the biggest and best in 2012!
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Here is a listing of this month's articles with direct links
to each.
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State
Minimum Wages in 2012
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| Although the 2012 federal minimum wage will remain unchanged at $7.25 per hour, several states have announced that their minimum wage will increase on January 1, 2012. |
| PAYING MORE FOR HOURLY HELP |
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State |
Current
Minimum Wage |
New
Minimum Wage
as of 01/01/2012 |
| Arizona |
$7.35 |
$7.65 |
| Colorado |
$7.36 |
$7.64 |
| Florida |
$7.31 |
$7.67 |
| Montana |
$7.35 |
$7.65 |
| Ohio |
$7.40 |
$7.70 |
| Oregon |
$8.50 |
$8.80 |
| Vermont |
$8.15 |
$8.46 |
| Washington |
$8.67 |
$9.04 |
| Source: U.S. Department of Labor |
| Don’t forget to update your posters to reflect the new state minimums. |
| Arizona employers can find the English
poster
by clicking here
and the Spanish language poster
by clicking here. |
ALSO
NOTE THIS MINIMUM WAGE INCREASE BY A CITY:
The Employment Policies Institute (EPI) announced this week that San Francisco will become the first U.S. city to raise the minimum wage above $10 an hour.
Beginning Jan. 1, 2012, that city's minimum wage will jump 32 cents to $10.24 an hour. Thus far, the State of CA has not raised its minimum wage, although
there are noises coming from Sacramento – we will keep you posted. |
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W-2
Reporting Requirements
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Employers with 250 or more employees in 2012 will
be required to report the cost of employee’s healthcare coverage on workers’ 2013 W-2s.
Small employers can wait another year. Those issuing fewer than 250 W-2s aren’t required to obey the reporting requirements until 2013 W-2s are issued (in 2014). But the IRS has said the reporting requirement for small employers could be pushed back even further.
The requirement to report the cost of health coverage on employees’ W-2s has caused a lot of confusion among workers. One thing you’ll want to tell them: The W-2 reporting requirements do not make workers’ healthcare benefits taxable — they’re simply meant to let employees know how much their coverage costs.
Source: HRMorning.com
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EEOC CHARGES
AGAIN AT RECORD LEVELS |
For its fiscal year ending September 30, 2011, the Equal Employment Opportunity Commission (EEOC) received a record number of charges and obtained the largest amount of monetary relief ever through its administrative enforcement actions.
The EEOC received 99,947 charges last year, the most in its half a century of operation.
This is the second straight year the EEOC has received a record number of charges. The agency also recovered $364.6 million- another record amount- from employers accused of discrimination, harassment and retaliation.
These recent statistics confirm that EEO issues continue to pose significant litigation and financial risks for today’s employers. Indeed, while most government agencies must face cuts this year, the EEOC is likely to get an increase in its enforcement budget, allowing it to restore enforcement jobs, modernize technology and increase training. |
| Source:
HRNonline.com |
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New
California Law |
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SB 299 - Employment: Pregnancy or Childbirth Leave
(Chapter 510) SB299 |
Under the state's existing pregnancy disability leave law, employees are allowed to take up to 4 months of leave if disabled by pregnancy, childbirth, or a related medical condition. The law applies to employers with 5 or more employees, and there is no length of service requirement before employees are eligible to take the leave.
SB 299 will require employers, effective January 1, 2012, to maintain and pay for group health coverage during the employee's leave. The maximum period of coverage is 4 months over the course of a 12-month period, and it commences when the leave begins. Coverage must be provided at the level and under the conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave.
The employer can recoup the amount of premium it paid toward the coverage if both of the following conditions occur:
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The employee fails to return from leave after the period of eligible leave has
expired |
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The employee's failure to return from leave is for a reason other than one of the following: |
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a. |
The employee is taking leave under the California Family Rights Act
(CFRA). |
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b. |
The continuation, recurrence, or onset of a health condition that entitles the employee to leave under PDL or other circumstance beyond the control of the employee. |
If
the employer is a state agency, the collective bargaining agreement governs the terms on which an eligible female employee continues to receive health care coverage.
Source: PIHRA |
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Our
Monthly Quiz!
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| Question:
To Tattoo or Not to Tattoo? |
After an embarrassing performance by a punk-rock band at the company picnic, Avi adopts a "no tattoo" policy for his organization.
Avi wants his employees to look "professional." So, under his new policy, Avi refuses to hire (and will fire) any worker he sees with a visible tattoo.
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Yes, Avi may refuse to hire tattooed applicants and may require current workers to hide their visible tattoos.
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No, Avi's policy violates federal Title VII since its primary impact is only on male (but not female) workers.
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| C) |
Probably not, since the policy operates as a barrier to employment that's unrelated to job performance.
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Answers
are found below our feature
article. |
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On
to our feature article ....
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Holiday Party Do's and Don'ts
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Everyone wants to enjoy themselves at a party, and to that end, many people like to relax with a drink. So it's common for employers to serve alcohol at their holiday parties--but when drinking gets excessive, things can get out of hand.
Jim Hendricks, a partner with the Chicago office of Fisher & Phillips, a national employment law firm, says that when employers serve alcohol at holiday parties, they need to take steps to avoid problems. Alcohol is often a major contributing factor to boorish holiday party behavior. Moreover, employees who consume too much alcohol can be a danger to themselves and others.
Hendricks offers the following tips for your holiday party planning in order to both allow your employees to enjoy themselves while avoiding legal trouble:
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Remind employees that normal work rules and standards apply to holiday parties. |
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Schedule parties on a week night when employees may be less likely to overindulge. |
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Make it clear the party is a voluntary event and attendance is not mandatory. |
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Remind employees to drink responsibly and plan for safe transportation home. |
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Review your insurance policies for alcohol-related exclusions. |
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Provide employees with a limited number of drink tickets. |
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Offer non-alcoholic beverages. |
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Do not serve alcoholic punch or other beverages that make it difficult to gauge how much alcohol one consumes. |
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Provide ample food and entertainment to prevent drinking from becoming the focus of the party. |
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Serve foods that slow the absorption of alcohol, such as those high in protein or starch. Greasy or salty foods tend to encourage more alcohol consumption, so avoid them. |
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Make sure the bartenders have been trained not to over-pour drinks, not to serve guests who appear intoxicated, to handle rowdy guests and take other actions to limit harm or liability. |
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Make sure underage guests and employees are not served alcohol. |
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Do not have employees involved in tending bar or providing alcohol. |
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Designate someone, preferably a supervisor, to refrain from drinking and to monitor the party with event staff to curtail excessive alcohol serving. |
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Limit the length of the party and plan to close the bar an hour or so before the end. |
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Arrange for designated drivers, reduced cab fares or hotel room rates, or offer to pay for cabs or hotel expenses if employees are obviously impaired by alcohol. |
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Hire an off-duty policeman or security specialist to be present during and after the party. |
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Finally, in order to help avoid any instances of unwanted sexual advances, Hendricks also recommends that you do not hang mistletoe at your holiday party.
Have a safe and happy holiday season.
Source: Business & Legal Reports, Inc. All Rights Reserved
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Answer To Quiz |
ANSWER:
A
Employers are free to adopt and enforce reasonable dress and grooming policies. As long as they avoid illegal discrimination, employers are generally permitted to control how their employees appear while at work.
Source:
LawRoom.com
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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!
http://www.mjms.net/webforms.html
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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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