Oregon's Minimum Wage to Increase in 2011

Question To HR Help Desk

Time Off To Vote

 Oregon's Minimum Wage to Increase in 2011 

Oregon’s Bureau of Labor & Industries (BOLI) announced that, effective January 1, 2011, the state minimum wage will increase by ten cents, to $8.50 per hour. 

Oregon employers are required to post the revised minimum wage poster, which BOLI will make available for download. Oregon is one of ten states whose minimum wage is adjusted annually based on inflation and the Consumer Price Index. In 2010, no increase occurred because the cost of living decreased.

Source: Littler Mendelson Blog

Effective In California, January 1, 2011
Paid Leave For Organ or Bone Marrow Donation

The Michelle Maykin Memorial Donation Protection Act was signed by Governor Schwarzenegger on September 30, 2010, and takes effect January 1, 2011. 

This legislation amends the Labor Code and requires all private employers with 15 or more employees to provide paid leave to employees who are donating an organ or bone marrow. (Public employees have already been permitted to take such leave.)

If you employ 15 or more employees anywhere, the paid donor leave availability will apply to all of your employees working in California, even if that number is less than 15. Employers may require employees to provide written verification that a) the donation is medically necessary; and b) the employee is the donor.

Time off for organ donations:
The employer must provide up to 30 days in a one-year period, but may also require that employees use up to two (2) weeks of accrued sick leave and/or vacation/PTO.

Time off for bone marrow donations:
The employer must provide up to 5 days in a one-year period, and may require that employees use up to five (5) days of accrued sick leave and/or vacation/PTO.

Benefits:

	Employee benefits must be continued for the duration of the leave.
	Employers may not discriminate, discipline, or in any way penalize the employee for exercising his/her right to this leave.
	There can be no break in service for seniority purposes due to the leave.
	This leave will not run concurrently with either the federal Family and Medical Leave (FMLA) or the California Family Rights Act (CFRA).

Action:
Employers should update their policies and handbooks prior to 2011, and train supervisors and managers to be aware of this new protected leave. Update any internal forms used to request leave, and notify employees of the new law.

Source: © 1996-2010 Strategic HR All rights reserved

NOTE: MJMS is available to provide assistance with handbook and policy updates, or to answer any questions our readers may have regarding this legislation.

Question to the HR Help Desk

Q. A resigning employee gave us two weeks’ notice, but we decided to terminate the employee right away instead. Are we obligated to pay the person for those two weeks he gave notice for? — S.F., Texas

A. No. Generally, an employer is not required to pay an employee once he or she is terminated, even if the employee has given notice. Thus, while employers must pay an employee for all hours worked, they are not obligated to pay an employee for the two weeks that the employee does not work if he or she is terminated immediately upon resignation.

The situation is different if the parties have an employment contract or a labor agreement requiring notice of resignation. If the employer has a policy requiring two weeks’ notice prior to resignation, the employer may have established a contractual obligation to either allow the resigning employee to continue working for the two weeks following the date of the resignation notice or to pay the employee until the two weeks are up.

Source: Business Management Daily – by Joseph Beachboard, Attny at Ogletree Deakins

NOTE from MJMS: Sometimes, it is worth paying out the 2 weeks especially if it would make the separation less contentious and avoid retaliation by the separating employee. Once former employees feel they have been slighted in some way, they look for ways to “punish” the employer and wrongful termination or discrimination litigation is high on their list. 
 
Also, remember that if you don’t allow them to work out the 2 weeks, you have effectively terminated them and the resignation is a moot point. This is a business decision you must make but at the HR Help Desk, we are here to assist you in assessing all factors

10 Funniest Job Descriptions
 is yours on the list?

Sometimes, there’s a big difference between what job responsibilities are on paper and what you actually do. 

No one knows that better than cartoonist Scott Adams, creator of Dilbert. On his Dilbert Blog, he gave readers a creative assignment: “Describe your own job in one sentence, preferably in a humorously derogatory way.”

Although there were hundreds of responses, Adams was able to narrow them down to these ten job descriptions:

Does summing up your job in one sentence make it sound different — or funny? 

Source: Ripple.us.com – Shane Borer

NOTE FROM MJMS: If you are so inclined, share your own descriptions on our Facebook Fan Page and we will report on them next month

On to our feature article ....

Time Off To Vote

Voting is such a hot button issue this year that I don't think you want to be accused of making it difficult for your employees to get out to vote. With early voting in many states, this is not a serious issue for most, but I thought it might be interesting and informative to learn what our neighboring states say about this topic. 

Arizona – If polls aren't open three consecutive hours outside the employee's regular shift, the employee can have up to three hours to vote. Employees must give notice in advance of Election Day to be given this time off, and the employer may specify the time that the employee can take off. The leave is paid. (Ariz. Rev. Stat. Section 16-402) 

California – Employees are allowed up to two paid hours time off at the beginning or end of their regular working shift to vote. An employee must provide notice at least two working days in advance of the election if, on the third working day prior to the election, the employee knows or has reason to believe there will be a need for time off to vote. An employee will be excluded from the time off rules if there is sufficient non-working time to vote. Although the law requires time to be taken at the beginning or end of the work shift, the employer and employee can agree on another arrangement. 

Employers must post a conspicuous notice of employee voting rights ten days before every statewide election. (Cal. Election Code Sections 1400 and 1401) If you have not posted such a notice already, here is a link you can use. http://www.sos.ca.gov/elections/tov_final.pdf 

Nevada – If polls aren't open a "sufficient" amount of time during an employee's non-working hours, the employee is allowed anywhere from one to three hours to vote. 

"Sufficient" time depends on the distance between the employer and the employee's polling site. The employee must make a request prior to Election Day for the time off, and the employer may specify the time of day the employee may take to vote. This leave is paid. (Nev. Rev. Stat. Section 293.463) 

Interestingly, there is no state law regarding time off to vote in the following states: Colorado, Delaware, District of Columbia (D.C.), Florida, Idaho, Indiana, Maine, Michigan, Montana, New Hampshire, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia. And, there is no Federal law requiring time off to vote, so if you are in one of these states without a state law, you are not required to allow employees time off whether paid or unpaid. 

Additionally, 5 states permit time off to serve as an election official without penalty from the employer. They are: Alabama, Illinois, Kentucky, Ohio and Virginia.

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!

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.