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September,
2011 |
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Hello Readers
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If you have ever been to New England during September and October you know what
a wonderful sight it is to see the autumn foliage. I'm
lucky to be here in New England this week working and also
fitting in some time to enjoy the last of this year's
foliage. And of course fitting in some time for this
month's newsletter!
This month's news includes a national HR requirement
that you must know about and a new California law
regarding employee leave for the donation of organs and
bone marrow. Don't miss our quiz - it's an interesting
test of your understanding of
the Family and Medical Leave Act.
"Payroll Card Accounts" is the topic of our
feature article. Specifically using Payroll Card
Accounts vs paying your employees via automatic bank
deposits and more traditional methods. Payroll
Card Accounts are now legal in Arizona. Find out more in
our feature article.
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Here is a listing of this month's articles with direct links
to each.
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Employee
Rights Notice Posting!
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As of November 14, 2011, most private sector employers are required to post a notice advising employees of their rights under the National Labor Relations Act. The 11-by-17-inch notice should be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted.
The posters are available below for download and printing. Copies also are available from any of the agency’s regional offices. In addition, employers should publish the notice on an internal or external website if other personnel policies or workplace notices are posted
there. For further information about the posting, including a detailed discussion of which employers are covered by the NLRA, and what to do if a substantial share of the workplace speaks a language other than English, please see
Frequently Asked Questions.
Poster Downloads
Employee Rights Under the NLRA poster, 11 x 17 version
(pdf)
Employee Rights Under the NLRA poster,
two-page 8.5 x 11 (pdf)
Click
here for all info on obtaining posters..
This new posting is mandatory regardless of your company’s union
status. It applies to union and non-union workplaces alike. Noncompliance can be treated as an unfair labor practice and can be used as damaging evidence in a lawsuit.
All U.S. employers must display the new poster with limited exceptions. At this time, the requirement does not apply to agricultural, railroad or airline employers -- or the U.S. Postal Service. Additionally, some very small employers and retailers may not be required to post. Consult with your accountant if you think your business could be exempt. |
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Paid Leave
For Employees Who Donate
Organs and Bone Marrow
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 New
California law clarifies leave for organ, bone marrow donors.
Gov. Jerry Brown has signed legislation that spells out insurance and time-off requirements related to California’s new law that guarantees paid leave for employees who donate organs and bone marrow.
That law, which took effect Jan. 1, 2011, grants up to 30 days of paid leave per year to organ donors and up to five days for bone marrow donors. Employers of 15 or more workers are required to comply.
The new legislation, S.B. 272, requires employers to maintain health insurance coverage for employees while they are out on organ and bone marrow donation leave. It also clarifies that the 30 days of paid organ donation leave are business days rather than calendar days.
The law also makes clear that the one-year period referenced in the law refers to 12 consecutive months rather than a calendar year. The California Chamber of Commerce applauded the new measure, stating that it gives employers certainty on how to comply with the law.
According to state Sen. Mark DeSaulnier, who sponsored S.B. 272, “These clarifications will make it easier for workers to take this kind of leave and will make it easier for employers to comply with the law. The last thing somebody should be worried about is taking time off of work to donate life-saving organs or bone marrow.”
Source: HRSpecialist.com
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Our
Monthly Quiz!
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| Question: |
When Shannon turned 35 years old, she decided to undergo an "extreme makeover." So, she schedules an eye-tuck, chin-job, and breast-enhancement surgery.
Shannon then asks for three weeks off under the Family and Medical Leave Act
(FMLA). She expects to spend a few days in the hospital and the remaining time recovering at home.
Although Shannon has worked long enough to be eligible for FMLA leave, it's a bad time of year for Shannon to be absent.
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Must Shannon be given
a FMLA three week leave for her cosmetic surgery? |
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Yes, assuming she's otherwise eligible. |
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No, the FMLA provides leave only for medically necessary treatments but not cosmetic surgery. |
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The company may deny FMLA leave if Shannon's absence would cause it an "undue
hardship." |
Answers
are found below our feature
article. |
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On
to our feature article ....
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Arizona has joined a growing list of states that allow employers to pay wages electronically. Recent amendments to Arizona's wage payment statutes (A.R.S. §§ 23-350 and -351) went into effect on July 20, 2011, providing employers the option of paying wages using a "payroll card account" to employees who decline to authorize payment by direct deposit to their bank or financial institution.
Before the amendments, Arizona's wage payment statutes required that private employers pay wages in the form of "lawful money of the United States, or in negotiable bank checks" whenever employees did not provide consent to payment by direct deposit. Generally, this meant that employers were required to issue cash or paper checks. Although the amendments continue to expressly require employee consent for payment by direct deposit (and prohibit the discharge or reprimand of any employee who declines direct deposit), they give employers another electronic payment option when employees do not consent to payment by direct deposit. This new option allows employers to pay wages by deposit to a "payroll card account."
The amendments define a "payroll card account" as an account that is "directly or indirectly established through an employer and to which electronic fund transfers of an employee's wages are made on a recurring basis whether the account is operated or managed by the employer, a third-party payroll processor, a depository institution or any other person." While this definition provides employers with little helpful guidance as to how to set up a payroll card account, the amendments do list some basic requirements for employers that choose to make wage payments using this new option. Specifically, the amendments require that an employee paid by deposit to a payroll card account also receive the following:
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A written or electronic statement of the employee's earnings and
withholdings. |
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At least one free withdrawal for each deposit of wages per pay period, but not more frequently than once per
week. |
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A list of all fees associated with the payroll card account. |
Source: Ogletree Deakins |
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Answer To Quiz |
ANSWER:
A
Employees
are considered to have a "serious
health condition" – and thus
qualify for FMLA leave – if they must
spend a night in a hospital for medical
treatments (assuming they meet the other
eligibility requirements). This is true
for both medically-required and cosmetic
treatments.
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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