HR Watchdog

Money for Workers' Comp Accommodations

The Division of Workers’ Compensation has created a benefit for small employers who purchase accommodations for injured employees and then bring them back to work. Reimbursment up to $2500.00 is currently available to small employers for these purchases. Examples: ergonomic keyboard or ergonomic software for a secretary who has permanent disability from carpal tunnel surgery and needs accommodations to return to her /his job; A mechanic who needs power tools due to an elbow injury.  If these accommodations are purchased by the employer and these valued employees are returned to work, the accommodations are reimbursed to the employer.

The attached Division of Workers’ Compensation “Newsline” article explains how the reimbursement works.

USCIS issues new Form I-9

The USCIS issued a new Form I-9 on August 7 - the previous edition of the form is still usable. We always recommend using the most current form, however. Read more about the Form I-9 on the USCIS Web site.

Flexibility for Exempts? DLSE Opinion Letter cont.

On August 19, 2009 the California Department of Labor Standards Enforcement issued an opinion letter concerning the salary basis test for payment of an exempt employee covered by Wage Order 4. Specifically, the party posing the question to the DLSE wanted to reduce the work schedule of its exempt employees, coupled with a salary reduction as an alternative to avoiding or limiting the need for job layoffs in the current difficult economic environment.

The DLSE reasoned through legal analysis that reducing the workweek and corresponding salary of an exempt employee working under Wage Order 4 if:

1) The employee's job duties meet an exemption;

2) The employee earns at least the minimum salary ($2773.33/month or $640/week);

3) The reduction in workweek and salary is temporary;

4) The reduction is an alternative to full layoffs to the extent possible;

5) The reduction is due to serious economic issues; and

6) The company intends to restore the employees to full schedule when the economy recovers.

As you can see, the analysis was very fact intensive. So, if you are considering making this type of change in your workplace, consult with legal counsel before doing so.You can read the full opinion here.

Also keep in mind that in California, employees can receive partial unemployment benefits if their salary is reduced, which may impact your exempt employees who have a salary reduction. Visit the EDD's Web site for more information about partial unemployment insurance claims.

DLSE NEW Opinion Letter on Reducing Exempt Workweek and Salary

The California Department of Labor Standards Enforcement has issued an opinion letter stating that California law does not prohibit employers from temporarily reducing exempt employee workweeks and corresponding salary by a comparable percentage.

Read the opinion here. A full analysis of this letter will follow shortly.  

Heat Illness Prevention Network Telephone Conference Call – Aug 24

WHO:       Department of Industrial Relations Director John Duncan

                Division of Occupational Safety & Health Chief Len Welsh

WHAT:   Telephone Conference Call to Members of the Heat Illness Prevention Network

WHEN:   Monday, Aug. 24, 1:30 PM.

WHERE:  From DIR headquarters in San Francisco

WHY:    To update Heat Illness Prevention Network members on topics relating to the Heat Illness Prevention Standard

HOW:                      

In an effort to improve the quality of the conference call so that all can hear the content and facilitate an effective Q&A session, DIR has made special arrangements for this call. Please note new instructions below:

• Please call (800) 369-1981 and enter 65435 followed by the # sign.

• If you wish to ask a question, press *1 on your telephone keypad. You will be routed to an operator, who will introduce you so that you can ask your question. Questions will be addressed sequentially.

• Additional questions?  E-mail your questions / comments to heat@dir.ca.gov.

           

The Heat Illness Prevention Network (The HIP Network)

The HIP Network is a voluntary public/private partnership established to increase both employers’ and employees’ awareness of the hazard of heat illness and the importance of heat illness prevention measures to prevent fatalities and serious illnesses in California workplaces.  HIP Network members work together to help prevent heat illness in workplaces throughout California in partnership with the Division of Occupational Safety and Health (Cal/OSHA) by providing timely information to employers and employees. 

Members of the Heat Illness Prevention Network (HIP Network) join together with other private organizations and Cal/OSHA to put vital information in the hands of California’s employees to help prevent heat illness.

CDC Updates Swine Flu Guidance

The Centers for Disease Control have updated their Web site with information relating to the H1N1 virus, or Swine Flu and vaccine progress.

The California Deparment of Industrial Relations has a Web page devoted to the topic as well.

We have an article on hrcalifornia.com as well that covers the impact of swine flu on employers and how to address such health issues in the workplace.

Cal/OSHA Guidance Re Wildfire Smoke

Windborne wildfire smoke can be a hazard for people who work in office and commercial
buildings many miles from evacuation zones. Environmental and public health agencies have
advised people that they should consider setting air conditioners in their homes to recirculation
mode, if possible, in order to reduce the intake of pollutants. Subsequently, people have asked
whether this advice to limit the introduction of outdoor air applies to office and commercial
buildings. Cal/OSHA does not generally recommend eliminating or substantially reducing the
outdoor air supply in office buildings and other indoor workplaces as a first step to reduce
exposure to smoke. Read more.

EDD Assistance to Santa Cruz Employers

Employers in the county of Santa Cruz directly affected by the damage resulting from the fire may request up to a 60-day extension of time from EDD to file their State payroll reports and/or deposit State payroll taxes without penalty or interest. This extension may be granted under Section 1111.5 of the California Unemployment Insurance Code (CUIC). Written request for extension must be received within 60 days from the original delinquent date of the payment or return to file/pay.

Office Gambling Pools Penalty Reduced

The Governor recently amended a California labor law so that, instead of possible jail time for participating in office gambling pools such as betting on the Super Bowl, a $250 fine will be assessed.

This does not change the fact that this activity is illegal - be sure to address this through policy and train managers to implement a policy banning gambling in the workplace.

Virtual Offices, Telecommuting Issues

I was at the Western Association of Chamber Executives conference yesterday and it was mentioned that a number of chambers are going "virtual" because of real estate costs and other issues. So, there is no office and the employees work from their homes. From some perspectives, this is a growing trend and not just for chambers of commerce.

This raises important issues such as where do you hold meetings? How do you meet with a potential client/member? Are there wage and hour or other employment law compliance issues?

The latter question I can address through our telecommuting toolkit. The other issues may have already been handled by some of you so it would be great to hear how others have addressed them.