In response to California's seven confined space fatalities in 2011, Cal/OSHA launched a statewide Confined Space Special Emphasis Initiative in February 2012. As part of this project, Cal/OSHA is offering two workshops.
Michael Allen
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Tags: Confined Spaces, Safety, HR Allen Consulting Services, HR Informant
Legislation that would limit frivolous litigation connected with the Americans with Disabilities Act (ADA) was signed by the governor Wednesday.
The U.S. Department of Labor’s Employee Benefits Security Administration has announced a new 401(k) fee disclosure website as a resource for consumers.
Governor Edmund G. Brown Jr. signed California Chamber of Commerce-supported workers’ compensation reform legislation.
SB 863 (De León; D-Los Angeles) offsets necessary increases in permanent disability benefits and potentially lowers system costs for employers by:
Tags: SB 863, workers comp reform, workers compensation reform legislation, HR Allen Consulting Services, HR Informant
Governor Edmund G. Brown signed a pension reform bill that caps benefits, increases the retirement age, stops abusive practices and requires state employees to pay at least half their pension costs.
According to the governor’s news release, the pension reform law, AB 340 (Furutani; D-South Los Angeles County), requires current state employees and all new public employees to pay for at least 50 percent of their pensions and establishes this as the norm for all public workers in California. Importantly, these new reforms eliminate state-imposed barriers that have prevented local governments from increasing employee contributions. The new law also bans abusive practices used to enhance pension payouts.
The governor’s news release outlines the Public Employee Pension Reform Act of 2012 as follows:
Tags: AB 340, Governor Edmund G. Brown, pension reform, California, HR Allen Consulting Services, HR Informant
Governor Edmund G. Brown signed a bill that clarifies religious accommodation requirements for employers under the Fair Employment and Housing Act (FEHA).
Existing state law protects employees from discrimination based on religious beliefs and also requires employers to reasonably accommodate an employee’s religious belief or observance, unless doing so causes an undue hardship.
The new law, AB 1964 (Yamada; D-Davis), clarifies that FEHA covers a religious dress practice (such as a head covering or jewelry) or a religious grooming practice (such as a hair style or facial hair) as a belief or observance.
Enforcement agencies have recently focused on employers who segregate employees wearing religious dress, such as head coverings, from jobs that involve public contact. Such employer actions, based on perceived biases or customer preferences, are unlawful (see HR Watchdog’s Religious Discrimination Suit Shows Need for Employer Awareness blog post).
Keep checking back for complete update on new 2013 employment laws. We will discuss AB 1964 and other new laws in greater detail, along with best practices.
Tags: FEHA, AB 1964, employer requirement, Fair Employment and Housing Act, religious accommodation, religious observance, HR Allen Consulting Services, HR Informant
Employers must put all commission agreements in writing by January 1, 2013. By that time, any employee hired to perform work for commissions in California must receive a written contract that includes the method for calculating and paying the commissions.
Passed in 2012, this mandate of AB 1396 applies to employers located inside and outside California. It amended Labor Code Section 2751, which previously applied only to employers with no fixed California location.
Tags: AB 1396, commission agreements, commissioned employees, Labor Code section 2751, HR Allen Consulting Services, HR Informant, California employers, CalChamber
What you say — and don’t say — to employees can have a significant impact on your relationship with them. This is important for small-business owners to keep in mind, because keeping employees happy can boost their productivity.
Laura Lee Rose, a time-management and efficiency coach, says that fostering a positive, healthy relationship with your workers is similar to maintaining other personal or business relationships. “It takes compassion without compromising your individual or business goals, mission, or vision,” she notes.
Here are five phrases to avoid using, with a few recommendations for what to say (or do) instead.
- “We’ve always done it this way.” Statements such as this can curb creativity and innovation, Rose explains. Yes, it’s generally important to follow company policies, but it’s also wise to keep an open mind. If one of your employees comes up with an idea to complete a task in less time than usual (without sacrificing quality), ask questions about the new process. If the idea doesn’t pan out, you can always go back to the previous method.
- “I know how you feel.” You never know exactly how another person feels, says Carlann Fergusson, founder of Propel Forward, a company that specializes in shifting organizational cultures. Listen to what the employee has to say and, when you respond, reflect the feelings you hear in the employee’s tone of voice. (For example: “I can only imagine how you feel. It must be very frustrating.”) Then you’ll be able to give advice. Let’s say an employee is upset about getting distracted while trying to finish an important project. After listening to the complaint and offering empathy, you may be able to find ways to reduce surrounding noise or interruptions. Perhaps the worker can go to an isolated area for a few hours to concentrate on the task at hand.
- “You need to be more of a team player.” This broad statement doesn’t point to a specific behavior that can be changed. “If you can’t explain exactly what you need fixed, how can employees supply it to you?” Rose asks. Be clear and explicit about what needs to be improved. If an employee starts skipping team meetings, you may want to have a sit-down chat with the person. Review the need for all team members to be present at meetings and then state your expectation that the worker will attend the next one.
- “Why are you always so late?” Any time you phrase a question in an accusatory tone, you put employees on the defensive, Rose says. If you have a staffer who consistently shows up 30 minutes late to work, it may be time to have a conversation. Start by reminding the employee of the start time that the two of you agreed upon. Then ask whether there is a reason for the late arrivals. Perhaps your worker is in the midst of trying to rearrange child-care schedules? If that’s the case, the two of you could find a temporary solution, such as having the employee stay an extra half hour at the end of the workday, until the situation is resolved.
- “You did a good job.” The phrase seems nice enough, yet it’s too vague to have any real meaning, Fergusson says. When offering praise, cite specific examples of what you liked. For instance, after watching an employee give a presentation, you might say, “The statistics you included in the introduction were helpful.” Letting employees know exactly what they’ve done well will help them repeat it in the future.
Tags: small business owners, employees, HR Allen Consulting Services, HR Informant
Tags: health care, health insurance, obamacare, President Barack Obama, HR Allen Consulting Services, HR Informant
On July 23, 2012, in Harris v. Superior Court (Liberty Mutual Ins. Co.), a case that the California Supreme Court previously had reversed and remanded, the California Court of Appeal stuck by its prior conclusion and held that insurance claims adjusters do not qualify for the administrative exemption from overtime pay requirements.
Tags: Fifth Circuit, settlement, HR Allen Consulting Services, HR Informant, Fair Labor Standards Act