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“Employees are starting to ask about working from home so they won’t be exposed to the coronavirus. I know everyone is worried but I’m not prepared for a remote workforce.”
Your HR Survival Tip
It’s important to understand we aren’t medical specialists of any kind. However, we have been receiving a lot of information about how to handle the current situation and wanted to share some of it.
Experts are considering the risk levels to be very low at this time and are asking people not to panic. While there is no vaccine, they remind us to act the same as when the flu is going around:
Wash your hands frequently with soap and water or use a sanitizer containing at least 70% alcoholAvoid touching your eyes, nose, and mouth with unwashed handsCover your cough and sneeze with a tissue (then throw it away)Stay home from work if you feel flu-like symptomsFrequently clean and disinfect objects and surfaces used often
There has been a lot of information about masks but the Centers for Disease Control (CDC) state most masks won’t help. If you’re healthy and wear a mask, you’ve gained nothing. If you’re sick and wear a mask, it [click to read more …]
“I’ve been keeping track of the workers’ compensation claims but am I just doing it for my own benefit?”
Your HR Survival Tip
OSHA (Occupational Safety and Health Administration) requires you to track all workplace injuries and illnesses. There is both a Federal OSHA and California’s version, Cal-OSHA. Their goal is basically the same…a safe workplace free from injury and illness.
The information you have been tracking ends up on three different forms, OSHA Form 300, 300A, and 301. Each has a purpose but only Form 300A is posted each year from February 1st to April 30th. The forms haven’t changed since 2004, so you should be familiar with them and the process.
Form 301 is used to record each incident so you have a complete record of what happened and how it happened, in what way the employee was injured, and the medical treatment(s) received. Use this form each time you have a workplace incident, even if it was minor enough not to require medical treatment. You are required to keep this form for 5 years from the date of the incident.Form 300 is used to log most of the incidents on one sheet, with each having their own line. [click to read more …]
“We have new employees who are pushing back on some of our long-term policies. How do I deal with them?”
Your HR Survival Tip
Before dealing with employees who aren’t following your policies, first, stop and think about those policies. Are they outdated? Do they still fit the situation? Can you fully explain the intent of the policy so it makes sense to your employees?
We often see companies continuing a policy without even remembering why they created it…or whether it’s still relevant. Companies change and policy reviews ensure your policies are changing and keeping up with the company.
Example 1: You have a consulting firm and require a retainer when new clients sign up. However, you have now started hiring consultants who are bringing their clients with them to your firm. Many of those clients may not be happy to learn they need to pay you a retainer when they already paid a retainer at your consultant’s old firm. You may want two different policies regarding the treatment of new clients based on how you obtained that client.
Example 2: A new employee has an eligibility period for various benefits. That’s standard. However, what about rehires? Do they [click to read more …]
“I want employees to wear red jeans (or slacks) with a white shirt while working so they match our logo colors. Two of my employees are refusing to buy red pants and say I should buy them. Can I make this a requirement of working here?”
Your HR Survival Tip
While you can make wearing a specific outfit a requirement of the job, who has to pay for that “uniform” depends on what it is. This is another side of the dress code issue and your solution will be a combination of the type of company and type of job, plus how much public exposure your employees have.
There are fairly simple rules for dress codes when you are requiring a particular look. If the items are an industry-standard or if the clothing is something most people would own or wear, the employee usually pays for it. If you are asking employees to wear or have something that has your logo or is less common (like red pants), you must pay for it.
California doesn’t believe it should cost the employee anything to work for you. A lot of the decisions come down to whether you are [click to read more …]
When making decisions, the courts often look at whether or not the company received any benefit from the action or activity. But what does that mean to you? Here are a few examples to consider:
Holiday Party or Other Activities Although you may not pay employees for attending an event sponsored by the company, the courts have decided the company benefits by having these get-togethers. It boosts connectivity, team building, and morale. Where it may fall apart for the company is when alcohol is served. A court decision said alcohol just made the company responsible for each employee’s behavior at the party, on the road, and at home… until the employee is sober again. This particular issue falls under the legal term of “social host.”
Business Use of Personal Cell Phones If you are requiring (which is different from allowing) employees to use their personal cell phones for business, your company benefits. The benefits include a savings from having to buy company cell phones and adding them to your telephone plan. Even when that personal cell phone is on an unlimited plan so making those business calls don’t cost the employee anything, a court decision said the company should [click to read more …]
“I have a manager who is out sick a lot and I’m trying to figure out if unpaid time is an option with exempt employees.”
Your HR Survival Tip
All California companies must have a Paid Sick Leave plan in place but the sick leave may also be provided through your PTO (Paid Time Off) plan that combines sick and vacation time. Exempt employees are those paid a salary for doing their job, irregardless of the number of hours worked. Use and payment of sick time with exempt employees is often confusing so you’re not alone.
You can be conservative and pay the exempt employee a full week’s pay even when they are absent. However, years ago, California’s Labor Commissioner provided guidance on exempt absences to help us navigate this tricky situation.
If the exempt employee calls in sick for the whole day:
and they have sick time available — you record the sick time used against their balance and they will receive full sick pay for that day. and they have some sick time but not enough for the full day — you record the sick time used (up to their balance) but still pay for the whole day. [click to read more …]
“I’m allowing employees to wear costumes at work on Halloween. Should I be worried?”
Your HR Survival Tip
Given the news lately about a Halloween costume that backfired and resulted in a termination, you are smart to be a bit worried. People enjoy wearing unusual costumes and don’t always think about how they look in the workplace.
Ideally, you have employees who understand how sensitive others can be. Many companies have been adding T-shirts with sayings or pictures to their list of what not to wear to work. That’s because someone could take offense and companies are trying to avoid claims.
If you didn’t previously send out a notice to employees to be cautious about what they wear, take a walk around and look at what your employees decided to wear. If you believe it could be offensive, ask them to remove the costume or at least remove what they can. In more serious cases, you may have to send them home to change. And, no, you don’t have to pay for the time they are off work to change.
Other employees may realize the mistake they made with their costume choice on their own. These are the people who [click to read more …]
“I have a couple of employees who like long lunches and sometimes take 2 hours. They still work 8 hours but do I need to let them continue this?”
Your HR Survival Tip
There are practical and legal issues to consider when looking at long lunch breaks. While California requires non-exempt (hourly) employees to take at least a 30-minute meal break, the state can frown on breaks of more than one hour.
You do not have to allow any longer than 30 minutes for meal breaks but consider allowing just slightly longer (35-40 minutes) simply because you need to make sure they take at least 30 minutes. It’s hard to take exactly 30 minutes every day unless you have a very rigid schedule.
On a practical side, even if the employees ensure they work 8 hours, do those specific 8 hours work for you? If your business hours are normally 8a-5p but these employees stay until 6p to make up for the long lunch, is that last hour as productive for the business? Probably not, if they are working with customers and there are no customers after closing.
On the legal side, if you require the employee to take more [click to read more …]
“I’m trying to understand the amount of sick time each employee gets. Is there a simple method?”
Your HR Survival Tip
You’re in California so it will never be simple. However, it’s also not that difficult to determine if the right amount of sick leave is being provided.
First, determine which sick leave law fits your company. There is the basic state law of 24/48 (24 usable hours each plan year, 48 accrued hours). Then make sure you know which local sick leave laws apply to your employees… there are 29 localities with their own version and that number continues to grow. If an employee spends more than 2 hours in a locale with a different sick leave law, you need to use the most generous one.
Next, check your payroll system to determine how the sick leave is set up for you. Too many times, we find part-time employees accruing at a weekly rate. Nearly all payroll systems are capable of using an hourly accrual and that’s the easiest method because they only earn sick time based on actual hours worked. You can set up different plans for salaried, hourly full-time, hourly part-time, and based on locale.
You can [click to read more …]
“I have employees who take long bathroom breaks but I know they’re just on their phone making calls or checking social media. How can I control this?”
Your HR Survival Tip
It’s difficult to tell someone they can’t take a restroom break when asked, isn’t it? And if it was a quick trip, you wouldn’t even give it another thought. But it’s those 15-20-25 minute bathroom or rest breaks that hurt.
For better or worse, California is very specific about meal and rest breaks… when, where, and how long. This is one of those times the rules can work to your benefit. If you don’t already have a rest break policy, it’s time to let us create one for you.
Employees are allowed an uninterrupted 10-minute paid rest break when working “the greater of 4 hours.” In English, that means you might want to give them a rest break if they are working more than 2.5 hours. In a normal 8-hour workday, this means 2 rest breaks: one mid-morning and one mid-afternoon.
While you can’t control what an employees does on their rest break or where they go, you can discipline them if they start taking more than 10 minutes. [click to read more …]
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