San Diego Employers Association
What You Need to Know About I-9 Compliance in 2012 By John Nahajzer and Mark Yelich, Maggio + Kattar Compliments of BLR
A continued zealous focus on corporate I-9 compliance by the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) offers the most compelling reason to start the year off right with an internal I-9 audit. ICE has indicated that it intends to audit 3,000 employers in this fiscal year. This means that even if your company has not previously been the subject of one of thousands of audits conducted by ICE over the past several years (which have resulted in millions of dollars of fines), it is still a very real possibility that your company will be audited in the coming months and years. Since the implementation of the Immigration Reform and Control Act of 1986 (IRCA), U.S. employers have been tasked with ensuring that they hire and employ only individuals legally authorized to work in the United States. Although the I-9 Form on which the evidence of U.S. employment authorization is recorded has existed, in various iterations for nearly 25 years, employers continue to struggle with proper and timely completion of the form.
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What’s New at SDEA
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I-9 Audit Special Offer!
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“What’s Wrong with This I-9?” Contest
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Serious Health Conditions Under FMLA
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Immigration Overview
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HR Spotlight
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LAW UPDATE
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Upcoming Professional Development Courses
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$100 OFF HANDBOOKS
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HR Strange But True
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Your Questions, Answered!
In the last few years, the federal government has initiated I-9 audits with increased vigor as a result of both substantially increased funding and public debate about illegal immigration. The audits continue to include companies of all sizes, across industries and geographic areas, with a continued focus on so-called crucial infrastructure companies (transportation, food, energy, chemical production, among others). These audits should cause companies of all sizes and across the entire United States to review and re-think their I-9 compliance strategies. -continued onto page 3-
san diego employers association 4180 ruffin road, ste. 295 san diego, ca 92123
p. 858.505.0024 f. 858.715.1202
www.sdea.com info@sdea.com
February 2012 President CHRIS BRYANT Director of HR Services JENNIFER JACOBUS, PHR-CA HR Consultant MICHELLE SEDGWICK Marketing and Member Services Manager RACHELLE MORRIS Member Relations Manager BECKY SUFFRIDGE Administrative Assistant JANELLE LOPEZ Intern BRIANNA BERNATH • Columnists JENNIFER JACOBUS, PHR-CA and MICHELLE SEDGWICK Design and Layout RACHELLE MORRIS
SDEA Board of Directors TRUDY ARMSTRONG HOLLY GREEN The San Diego Foundation The Human Factor, Inc.
Board Chair MELANIE POTTER Walter Andersen Nursery
LAURIE PECK, CPA CARLA STANLEY Sedona Staffing
DARREN CECIL STACEY MCKIBBIN Sandler Training ActionCOACH
JODI WATERHOUSE University of San Diego MIKE WHITEHURST, CFA, CIC McCuen & Co.
TOM MURCH & TOM PUFFER Honorary Life Members SDEA is a not-for-profit employer’s association that provides HR advice and consulting to its members in an effort to promote and maintain employer/employee relationships. We are not attorneys and do not render legal advice.
What’s New at SDEA ›› I-9 Contest: Can You Spot the mistakes? How well do you know the I-9 form and how should it be filled out? Check out the I-9 form on page 4 and see if you can spot the mistakes. Submit the errors you found for your shot at a $50 Macy’s gift card! ›› SAVE THE DATE The third installment of our popular Strategic Leadership Series will be on April 24th and will feature Mike Murphy, President and CEO of Sharp Healthcare. Details coming soon! ›› Handbook Reviews Special Offer Has it been a while since your Employee Handbook was reviewed? Does it include the most current State & Federal requirements? If you’re due for a review and update, take advantage of our limited time special offer of $100 off Handbook reviews (or even a brand new handbook). Get more details on page 11 or call SDEA at 858.505.0024. ›› SDEA's New Webinar Learning Opportunities SDEA is exciting to provide new webinar learning opportunities from which you can even earn HRCI credit! Check out these new webinars as well as over 4,000 other online eLearning opportunities.
What You Need to Know About I-9 Compliance in 2012 - continued from cover story-
Training Essential to I-9 Compliance One of the most important facets in I-9 compliance is training. Although the I-9 form appears deceptively simple, there are a range of issues that can develop in a company’s completion and maintenance of I-9 forms, including both substantive and procedural or technical violations. An HR or legal professional tasked with this important compliance responsibility must first and foremost understand how and when to complete an I-9 form. Then he or she must also understand how to track I-9s that require re-verification and ensure that timely updates are made to expiring work authorization. Finally, he or she must ensure that the I-9s are completed only by individuals who are familiar with the company’s I-9s so that the forms are accurately completed in a timely manner.
Companies that believe that its I-9s have been properly completed may be unpleasantly surprised when they conduct an internal audit to find that I-9s may not have been processed or that records of long term employees may have been lost. In our experience, these types of errors far exceed the number of I-9s for employees who are not work authorized or have been completed using improper documentation. However, use of the government’s E-Verify system does not alleviate a company’s requirement to properly complete and maintain the Form I-9. SDEA offers many audit services including an audit of your I-9 forms. Sometimes all it takes is a second set of eyes to pick up on any short-fallings of the I-9 requirements.
To schedule an audit or for more information, call Jennifer Jacobus at 858-505-0024.
I-9 Audits: Are You Prepared? All U.S. employers are responsible for verifying the identity and work authorization of all individuals. To implement this, employers are required to complete Employment Eligibility Verification form I-9 for all employees. In early 2011, the Obama administration launched a new round of work site investigations, notifying thousands of companies of upcoming audits of their I-9s and of the identification documents that those employees provided to show they are eligible to work in the United States. If you think it can’t happen to you — think again. US Immigration of Customs Enforcement (ICE) said their inspections will touch on employers of all sizes and in every state and that “no one industry is being targeted nor is any one industry immune from scrutiny.” You need up-to-date, expert information to ensure you’re in compliance with the law. Be prepared by having SDEA come in and audit your actual I-9 forms, your recordkeeping practices, and your re-verification processes. Take advantage of February’s Special Offer to help insure compliance should ICE pay you a visit. February Special Offer
15% OFF I-9 Audits with SDEA Make sure your forms and paperwork are in compliance before your company gets a surprise visit from ICE. Call SDEA at 858.505.0024 for details on this offer and to schedule your audit! Offer good through February 29, 2012. february newsletter 2012
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Do your I-9’s look like this?
If so, you might have a problem. Having an I-9 like the one below could result in
fines should ICE pay the company a surprise visit.
This is because the I-9 below has a number of mistakes....can you spot them? Here’s a hint: There are more than 3 but less than 8 mistakes. You should assume the form was filled out on 10/26/11. Submit your answers to SDEA to enter a drawing for a $50 Macy’s gift card (see How to Play). And if you find yourself struggling to find the mistakes, consider SDEA’s I-9 Audit Special Offer (page 3) so you can make sure your I-9s won’t get you into trouble like this one would.
How to play: Submission MUST include first and last name, company, email address and phone number. All submissions must be RECEIVED by SDEA by February 29th. You can submit your answers in the following ways: 1) Print out this I-9 (for your convenience, you can obtain a full page copy of this I-9 here on SDEA’s website). Circle, cross out, or notate any mistakes, corrections, or changes that would need to be made in order for this I-9 to be in compliance. You can then either fax the corrected sheet to SDEA at 858.715.1202, scan & email it to Rachelle at rmorris@sdea.com, or mail it to 4180 Ruffin Rd. Ste 295, San Diego, CA 92123. 2) Email a list of corrections (clearly explained) to Rachelle at rmorris@sdea.com. How to win: Submissions that are received by February 29th, 2012 and also have the correct answers will be put into a drawing for a $50 gift card to Macy’s. The winner will be announced and contacted by SDEA the first week of March. Any questions can be directed to Rachelle at rmorris@sdea.com or 858.505.0024.
Are you Seriously Sick? What Constitutes a Serious Health Condition Under FMLA By Jennifer Jacobus, PHR-CA
We know that cold weather usually lends itself to colds and flus. With this crazy weather we are having in Southern California—cold and rainy for a couple of days, then back up to 80-degrees the next—we have to realize that this too can lend itself to illnesses. Most companies have sick leave or personal time off policies. It’s pretty easy to deal with a sick day here and there—even a flu that might take an employee out for several days, but the question for larger employers is at what point does an employee’s absence due to illness become a qualifying event under the Family and Medical Leave Act? For FMLA purposes, “serious health condition” means an illness, injury, impairment or a physical or mental condition that involves inpatient care or treatment by a health care provider. In summary, the term “incapacity” means inability to work, attend school or perform any other regular daily activities due to the serious health condition. The term “treatment” includes examinations, and evaluations of the serious health condition or treatment (does not include routine physical exams). “Inpatient care” means an overnight stay in a hospital, hospice, or residential medical care facility. “Incapacity” or “treatment” is a period of more than three consecutive, full calendar days and any subsequent treatment. The FMLA regulations do not include a specific list of what is excluded from the definition of serious health condition. What they do state is that the following conditions will not ordinarily qualify as a serious health condition: common cold, flu, ear aches, upset stomach, minor ulcers, headaches (other than migraine) routine dental or orthodontia problems, periodontal disease, etc. -continued onto page 6-
Getting to Know the SDEA Team Janelle Lopez, Administrative Assistant The road that led me to where I am now: Currently I am a student at USD and work part-time here at SDEA. I am originally from Santa Barbara and attended the community college and worked part-time. When I finished my business programs there I transferred to the University of San Diego where I am currently in the international business program. I found SDEA through USD career services and was privileged enough to join the team. In the past, due to my schooling, I was only able to work various part-time positions. What I like best about my role: The flexibility SDEA gives me to be able to participate in different facets of the business other than just administrative duties. Professional success secret: Listen, be polite, work hard, and adapt. I feel the key to being successful is having the ability to communicate with others and I believe that one can go far with a great work ethic and ability to adapt to their surroundings. Who or what inspires me and why? My parents, they are both very strong individuals and work very hard for what they have. I admire their drive in life; they have always worked very hard to provide for my sister and me. They have sacrificed many things to be able to put my sister and me through college. No matter what adversity they faced they have always been there to guide me to a better life and future. They are an immense inspiration in my life; they are the driving force to my successes. Something you'd find on my "bucket list": To travel to Ibiza, Spain and Australia.
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Are you Seriously Sick? What Constitutes a Serious Health Condition Under FMLA -continued from page 5-
Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery unrelated to an injury or illness) are not ‘‘serious health conditions'' unless inpatient hospital care is required or unless complications develop. The passage above is included in the FMLA rules as an example only. It in no way limits the definition of "serious health condition." If an FMLA-eligible employee has a bad case of the flu, is incapacitated for more than three full consecutive days, and goes to the doctor and receives a prescription for antibiotics, that employee is entitled to FMLA leave. The same is true regardless of the condition, whether it is a cold or sinus infection or ear ache. If the condition meets the criteria in the rules, then it is a "serious health condition" and the FMLA applies. Best practice would be to make sure you have well-documented attendance records and documented absences—who, what and when. If you do end up in a situation where you are making a determination on whether absences are due to a serious health condition and thus qualifying an employee for FMLA, having the dates of absence and medical confirmations will make it a lot easier as well as easier to determine pro-rated leave. FMLA and medical related absences in general can be complicated. Call your SDEA consultant to help you walk through a difficult determination.
Looking for Helpful Links, Checklists and Forms? We know the job of the HR professional can be a demanding one. In order to help make things a bit easier, click on any of the below links to find help checklists, forms or website. These can all be found on SDEA’s website under the Resources tab. Labor Laws Based on EE Count Observed Holidays 2011-2012 Form I-9: Employers Handbook | I-9 Form (English) | I-9 Form (Spanish) State Disability Insurance Provisions: Form DE 2515 For Your Benefit – California’s Program for the Unemployed: Form DE 2320 Sexual Harassment Pamphlet (DFEG) Employment Determination Guide (Independent Contractors vs. Employees): Form DE-38 W-4: Employee Withholding Allowance Certificate CA Employee’s Withholding Allowance Certificate: Form DE-4 Cal/OSHA Form 300: Log of Work-Related Injuries and Illnesses Cal/OSHA Form 300A: Annual Summary of Work Related Injuries and Illnesses Cal/OSHA Form 301: Injury and Illness Report VETS-100/VETS-100A Filing EDD: California Employer’s Guide Wage Order Links Relevant State and Federal Agency Links Looking for more? Members - log in to gain access to even more!
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SDEA Upcoming HR Roundtable
Join Us for the First HR Roundtable of 2012! Immigration Overview Immigration is an ever-changing field and it is important to stay abreast of the latest developments. With at least five different government agencies responsible for US Immigration, policies, practices and interpretations shift often. Do you know the latest about visa issuance at the consulates, the H-1B cap, L-1 adjudication and requests for evidence, the green card backlogs, the PERM labor certification process, and compliance audits and site visits to name a few? Please join us for an immigration overview where we will discuss the most current need-to-know issues for HR Professionals to manage and support foreign nationals in their organizations. Facilitated by Sharon Mehlman, Esq. Larabee, Mehlman, Albi, Coker LLP
February 10, 2012 11:30am -1:00pm Members $35 | Non Members $45 Location: Dave & Buster's 2931 Camino Del Rio North San Diego, CA 92108
To register visit www.sdea.com or give us a call at 858.505.0024. What is a Roundtable? Once a month, San Diego Employers Association hosts a HR Roundtable that focuses on a particular topic of concern and interest to San Diego businesses and employers. Each Roundtable is presented by an expert in the industry of discussion. Attendees are given the opportunity to ask the speaker questions and discuss their thoughts with other participants. And are you aware you can earn HRCI credits by attending our Roundtables? It’s true! Did we mention you get lunch too? The use of this seal is not an endorsement by HR Certification Institute of the quality of the program. It means that this program has met HR Certification Institute’s criteria to be pre-approved for recertification credit.
Congratulations to February’s Special SDEA Membership Anniversaries! Thank you for your many years of loyalty! Decco Castings, Inc. Point Loma Seafood Dion International Trucks Hargis & Associates, Inc. Killion Industries The Art Collector Parkhouse Tire Inc. Western Fastner Company Access By Referral Only Reel Picture Productions, LLC Anytime Towing Chesapeake Management, L.P. ECP Commercial Inc. Girard Capital Pacific Southwest Structures, Inc. King Schools, Inc. Lucky Line Products, Inc. Business to Business Marketing Walters Management
35 Years! 31 Years! 28 Years! 23 Years! 23 Years! 22 Years! 21 Years! 18 Years! 17 Years! 17 Years! 17 Years! 16 Years! 16 Years! 16 Years! 15 Years! 13 Years! 12 Years! 12 Years! 11 Years! 11 Years!
In Appreciation of your referrals, we would like to present our new Member Referral Program! For each company that joins SDEA as a result of your referral, you will receive a choice of: one free attendance at one of our Roundtable luncheons and recognition in our monthly newsletter, or a $25 gift card and recognition in our monthly newsletter. For each company referred, your company will receive an entry in a drawing* to win an office lunch for you and 10 of your co-workers, brought in and served by SDEA!!! To participate, simply submit the name, contact information and company name of business peers you feel could benefit from SDEA’s services to rmorris@sdea.com.
Jay Robb Enterprises, Inc. 10 Years! Bay Sheet Metal Inc. 9 Years! INTERNATIONAL RELIEF TEAMS 9 Years! IQ Pipeline 8 Years! Member Testimonial SEAT Planners Incorporated 8 Years! Pine Tree Lumber Co. LP 7 Years! Simon Wong Engineering 7 Years! It always amazes5me how extensive the Pacific Building Group Years! knowledge of the consultants Stuart B. Kincaid MD FACS 5 Years! is - they are California Commerical Asphalt Years! always so helpful 4and give great advice. Dos Gringos 4 Years! Hawthorne Lift Systems 4 Years! Jeanie Leavinson Modern Postcard 4 Years! Veterans Village First National Merchant Solutions 2 Years! Nativis, Inc. 2 Years! Nitto Denko Technical Corp. 2 Years! San Diego Beauty Academy 2 Years! DataQuick Information Systems 1 Year! Daymon Interactions 1 Year! Modern Builders Supply 1 Year! Peter D Shaw DDS, Inc. 1 Year!
We’d Like to Say
WELCOME
to Our New Members AVID Center Coleman University Edward Ayub Physical Therapy PICO Holdings Santee Chamber of Commerce SKLZ Sun Diego Charter Co. UEI College
For more information, please contact Rachelle Morris at 858-505-0024. *drawing to take place once a year, in June.
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HR Professional Spotlight HR Professional: Vivian Kung Haga Company: Museum of Photographic Arts
CAREER Current position at the Museum of Photographic Arts: Deputy Director How I landed at this organization: I started at the Museum of Photographic Arts (MOPA) in 2002 as the Director of Education. In 2006, our founding director retired and a new director was hired. She quickly promoted me to assist her with the daily operations of the Museum and to lead MOPA in a variety of initiatives such as accessibility, technology, and visitor experience. What I like best about my job: I love working with the incredibly talented staff at MOPA, the opportunity to learn more about photography, and the interaction with visitors. Yardsticks of success: I know I am successful when staff members tell me that I made their jobs easier or when visitors tell me that they have enjoyed their experience at the Museum.
WISDOM FROM THE HR TRENCHES Best business decision: Encouraging staff to learn and grow professionally. We believe in training our staff, sending them to workshops, etc. Not only does it improve the Museum, but it assists the staff in growing professionally. Their interaction with other participants at these trainings inspires new ideas that can benefit the museum, make their job more efficient, etc. Advice to someone starting a career in this field: Learn from other HR professionals. You will find that you are not alone and you may learn a new way of approaching HR.
TAKING OFF THE “HR HAT” Favorite way to spend time: Spending time with my family. Favorite Restaurant: There are so many! Three greatest passions: Art, Food, My Family.
Museum of Photographic Arts Number of employees: 16 Full time, 28 part-time/on-call Mission: To inspire, educate and engage the broadest possible audience through the presentation, collection and preservation of photography, film and video.
Do you know a HR professional who should featured in our newsletter? Email Michelle Sedgwick at msedgwick@sdea.com
LAW UPDATE
National Labor Relations Board Decision Challenges Legality of Class Action Waivers Written By Fred Plevin and Matt Jedreski Paul Plevin Sullivan and Connaughton
Last month, the National Labor Relations Board (NLRB) ruled that an arbitration agreement signed as a condition of employment, which prohibited the filing of joint, class, or collective actions in arbitration or in court, violated the National Labor Relations Act (NLRA), and thus was unenforceable. This decision casts substantial uncertainty on the viability of class action waivers in arbitration agreements between employers and employees. In D.R. Horton, Inc. and Michael Cuda, 357 NLRB No. 184 (Jan. 3, 2012), a construction superintendent attempted to initiate a nationwide class arbitration on behalf of similarly situated superintendents, alleging that his employer was misclassifying its superintendents as exempt from overtime under the Fair Labor Standards Act. The employer sought to avoid the arbitration because the arbitration agreement between the parties barred collective claims. In response, the employee filed a claim with the NLRB alleging that the arbitration agreement violated his rights under the NLRA, which protects employees’ rights to engage in concerted action for mutual aid and protection. An administrative law judge agreed with the employer and dismissed the claim. However, the NLRB reversed the dismissal, holding that the mandatory waiver of any class actions violated the National Labor Relations Act. The key determination underlying the NLRB’s holding was that employees’ ability to engage in collective and class actions qualifies as “concerted activity” under Section 7 of the NLRA. It was important in this case that the arbitration agreement did not simply bar class arbitration, but went so far as to prohibit class actions of any sort, in any forum. It is also important to note that even employees of non-unionized employers enjoy the protections of Section 7 of the NLRA. By defining class actions as concerted activity, the NLRB was able to distinguish this case from recent federal case law that seems to compel the opposite result (and which was cited in the original decision to dismiss the complaint). Specifically, the NLRB went to great lengths to distinguish the United States Supreme Court’s recent decision in AT&T Mobility v. Concepcion, 131 S.Ct. 1740 (2011), in which the Court ruled that a California law barring class-action waivers in arbitration agreements conflicted with the Federal Arbitration Act. (See related E-Update here.) In D.R. Horton, the NLRB declared that its ruling did not conflict with the Concepcion decision for several independent reasons. For example, the NLRB reasoned that a requirement that employees’ work-related claims must be resolved through arbitration solely on an individual basis amounts to a requirement that employees forgo a right guaranteed by the NLRA, which protects employees’ rights to “engage in… concerted activities for the purpose of collective bargaining or other mutual aid or protection….” The NLRB also opined that an arbitration agreement that violates employees’ rights under the NLRA is against public policy and therefore, unenforceable. In addition, the Board swept aside the argument that the Federal Arbitration Act permitted class waivers in arbitration agreements, by observing that the Norris-LaGuardia Act, which is the federal law that renders unenforceable any private agreement prohibiting someone from lawfully assisting in a lawsuit arising out of a labor dispute, was passed seven years after the Federal Arbitration Act. What This Means This decision is an unexpected and serious complication in the law regarding the enforceability of class action waivers in arbitration agreements. After Concepcion, employers felt empowered to include class action waivers in arbitration agreements. It is now an open question whether class action waivers can be enforced, and employers considering whether to implement an arbitration program including a class action waiver must do so very carefully. Several important issues still must be resolved either through judicial review of the D.R. Horton decision itself, or through continued development of these issues in other cases. Among other things, it will be important for a federal -continued on page 12-
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February
Professional Development Upcoming Training Opportunities
Feb 2
Skills for Working Leaders I
Feb 7
PHR/SPHR Prep Course Begins (Online Course!) Strategic Interviewing
Feb 9
HR Overview
Feb 10
HR Roundtable: Immigration Overview
Feb 16
Supervisor and the Law
Feb 23
Tell Me Why You’re Really Leaving: Performing Effective Exit Interviews For complete class descriptions, details, or to register, please visit www.sdea.com or give us a call at 858.505.0024.
Is Your Handbook In Need Of Some Housekeeping?
SPECIAL O FFER $100 OFF !
When was the last time you had your Employee Handbook updated? Are you sure that your handbook includes the most current State & Federal requirements? Does your handbook include social media, mandated leave and harassment policies?
Laws are constantly changing; find out how SDEA can help update (or create!) your handbook so it reflects all the necessary updates. Learn more by visiting www.sdea.com or giving us a call at 858.505.0024. Mention this ad and SAVE $100 on your handbook review or composition through February 29th. Call SDEA for details.
LAW UPDATE CONT’ National Labor Relations Board Decision Challenges Legality of Class Action Waivers -continued from page 10-
court to consider the conflict of laws issues addressed by the NLRB, and for a court to consider whether the potential violation of the National Labor Relations Act identified in this decision can be addressed by a court in response to an attempt to compel an individual arbitration, as opposed to in an unfair labor practice proceeding brought before the NLRB. Until these and other open issues are resolved, employers should proceed with caution in either seeking to enforce existing class arbitration limitations, or implementing a program involving arbitration agreements containing class action waivers.
HR Strange But True: Fighting Flu Is Fun in the Big Apple Compliments of BLR
Informing employees about preventing the flu can be mundane, but not in the entertainment capital of the world. Instead of handouts with the usual do’s and don’ts, New York City has posted some videos that not only show preventive measures but also entertain.
Click below to view some of the videos
In a style reminiscent of old black-and-white silent movie comedies, the light-hearted public service announcements feature Grammy-winning hip hop promoter and radio personality Fatman Scoop and his wife, HIV/AIDS Counselor Shanda, in different situations in which flu germs that could have spread illness get smothered in the crook of an arm, washed down the drain, or captured in a face mask. Called “the funniest happily married couple in the world,” the creators of the “Man and Wife” comedy act and their own Man and Wife Web TV series share tips on everything from sneeze etiquette to the importance of staying home while you are sick. “We’re glad to have Fatman Scoop and Shanda on our side in [the] fight against influenza,” said New York City Health Commission Dr. Thomas Farley. “We know how to prevent influenza, and they know how to make people smile. Their efforts will help ensure that all New Yorkers get the information they need to stay well this winter.”
Source: http://www.nyc.gov/html/doh/flu/html/media/psa.shtml
So maybe you can put a little pizzazz into your flu prevention presentations.
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SDEA Helpline Q & A Every month SDEA receives hundreds of calls. Here readers have the opportunity to “eavesdrop” on answers to popular (and anonymous) HR questions received by our consultants.
Q. I heard that there is a new law in California about benefits during Pregnancy Disability Leave. What are my responsibilities as an employer? A. Employers with 5 or more employees must maintain compliance with Pregnancy Disability Leave laws in California. Effective January 1, 2012 California’s Pregnancy Disability Leave statute requires that employers maintain group health care coverage and continue to pay premiums for that coverage for any eligible employee. The employer must do this for the duration of the leave, not to exceed four months over a 12-month period.
Q. When do I need to provide the final paycheck to an employee who quits and leaves the same day?
A. California Labor Code section 201 requires employers to pay wages within 72 calendar hours if an employee, without a written employment contract, quits the job with less than 72 hours’ notice. If an employee has given more than 72 hours’ notice, then wages must be paid on their final day. It is important to remember that final paychecks must include all wages owed, including any vacation/PTO that was earned but unused.
Employers should review their handbooks and stand alone pregnancy-related policies to ensure they are in compliance with the new law.
Are You Our “Friend?” Follow us on Twitter: www.twitter.com/SDEA_HR_Experts Like us on Facebook: www.facebook.com/sdeaHRexperts Join the discussion on LinkedIn: Click here to join our group
SDEA Membership Value 101 With the help of SDEA, members have the tools to: ›› Keep up to date with ever changing employment laws ›› Attract, develop, and retain valuable employees ›› Avoid lawsuits, fines and penalties SDEA Membership Benefits Include: ›› Unlimited consultation with a staff of HR experts ›› 24 hour online resource center ›› Discounts on events and training classes ›› Complimentary training needs analysis ›› SDEA’s annual Wage & Salary Survey (free with participation) ›› SDEA’s Policies & Benefits Survey (free with participation) ›› SDEA’s monthly newsletter
Interested in Becoming a SDEA Member? Give us a call at 858.505.0024 or email Becky Suffridge at bsuffridge@sdea.com
Advertising And Article Submission Info This newsletter is published monthly by the San Diego Employers Association. We welcome the submission of articles by our members on topics of interest related to HR. Date for submission of materials and advertising is the 15th of the month prior to publication. If you are interested in submitting an article or obtaining advertising rates, please email: rmorris@sdea.com.
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