EEO-1 Reporting Deadline Approaching – September 30, 2016

It is that time of year again!  The EEOC deadline to file your EEO-1 report is September 30th. In order to help you walk through this process, we have included links to the forms and an EEO-1 Checklist on our HRPG website with important, detailed information below.

Who Must File

You must file Standard Form 100 (EEO-1) if you:

* Are a private employer subject to Title VII of the Civil Rights Act of 1964 (as amended by the Equal Employment Opportunity Act of 1972) with 100 or more employees, excluding:

o A primary or secondary school system;

o An institution of higher education;

o An Indian tribe;

o A tax-exempt private membership club other than a labor organization;

* Have fewer than 100 employees and your company is owned or affiliated with another company, or there is centralized ownership, control or management (such as central control over personnel policies and labor relations) so that the group legally constitutes a single enterprise, and the entire enterprise employs a total of 100 or more employees; or

* Are a federal contractor (private employer) who has 50 or more employees, is a prime contractor or first-tier subcontractors, and have a contract, subcontract or purchase order amounting to $50,000 or more or serve as a depository of government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. Savings Bonds.

How to File

 First-Time Filer

If you are a first-time filer, the EEOC Web site provides a simple registration form. The EEOC will issue a company number, which will then allow you to log in to the system to fill out the form.

Best Practices

File Standard Form 100 (EEO-1) via the Internet by September 30.

* Follow all filing requirements for your company, single establishment or multi-establishment.

Standard Form 100 (EEO-1) must be filed each year by September 30. You can do all your filing online at the EEOC’s Web Site. This is the preferred method of filing and no software needs to be installed. Paper EEO-1 forms will be provided on request only and only in extreme cases where Internet access is not available to the employer. Requests for paper forms must be made to the EEO-1 Joint Reporting Committee by telephone or e-mail.

Regular Filer

If you have filed an EEO-1 form in previous years, you should find that part of the online form is pre-completed from the previous year. You can also access up to 10 years of your company’s historical EEOC annual report information. This system uses encrypted files for data transfer to ensure data privacy.

Employment figures from any pay period in the third quarter, July through September, may be used. Employers who have been granted permission to use year-end employment figures in the past may still do so.

Multi-establishment Employers

All multi-establishment employers, i.e., employers doing business at more than one establishment, must file:

* A report covering the principal or headquarters office;

* A separate report for each establishment employing 50 or more persons; and

* A consolidated report that must include all employees by race, sex and job category in establishments with 50 or more employees and in establishments with fewer than 50 employees. Also include a list, showing the name, address, total employment and major activity for each establishment employing fewer than 50 persons.

* The total number of employees indicated on the headquarters report, plus the establishment reports, plus the list of establishments with fewer than 50 employees, must equal the total number of employees shown on the consolidated report.

All forms for a multi-establishment company must be collected by the headquarters office for its establishments or by the parent corporation for its subsidiary holdings and submitted in one package.

For the purposes of this report, the term “parent corporation” refers to any corporation that owns all or the majority stock of another corporation so that the latter stands in the relation to it of a subsidiary.

Requesting an Extension

To request an extension, send an e-mail toe1.techassistance@eeoc.gov before September 30. Include your:

* Company name

* Company number

* Address and

* Contact information for the person responsible for the report

We hope this reminder helps you keep on track with your compliance responsibilities.  If you have any issues or questions, please do not hesitate to contact your HRPG representative.

 

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UPDATED INFORMATION – Upcoming Changes to San Diego Paid Sick Leave

UPDATED INFORMATION 

Upcoming changes to San Diego  Paid Sick Leave   

In our last update, we let you know that the San Diego City Council was considering amending the Earned Sick Leave and Minimum Wage Ordinance.  The Implementing Ordinance was recently approved by the Mayor.

The Implementing Ordinance will take effect on September 2nd, 2016.  The updated ordinance will allow employers to:

  • Cap accrual of paid sick leave at 80 hours; or
  • “Front-load” each full-time, part-time and temporary employee with 40 hours of paid sick leave at the beginning of each benefit year. If using this “bank method,” employers are not required to track employees’ sick leave accrual and need not allow any unused sick leave to carry over to the following year.
  • Employers who provide employees with at least 40 hours of paid time off, paid vacation or paid personal days which can be used for the same purposes, and under the same conditions, of the ordinance will no longer be required to provide additional leave; and
  • Employers who provide more paid time off than is required by the ordinance will be in compliance with the law, even if the employer uses an alternative method for calculation of paid sick leave.

Important Links:

The required notices may be download from here.  The deadline for employers to meet posting and notice requirements is October 1, 2016.

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San Diego’s Minimum Wage Set To Increase

San Diego’s Minimum Wage Set To Increase

On June 7, San Diego voters passed Proposition I. Proposition I will increase San Diego’s minimum wage to $10.50 an hour, with the ordinance actually taking effect on July 7, the date election results are certified. The minimum wage will increase again on January 1, 2017 to $11.50. The ordinance is applicable to employees who perform at least two hours of work within the geographic boundaries of San Diego in one or more calendar weeks of the year.

Along with the new wage requirements, are greater sick pay rights for San Diego employees. Some key provisions are listed below:

  • For every 30 hours worked in the city, employers must provide employees with one hour of sick pay.
  • While sick pay begins to accumulate upon hire, employers can limit use to the 90th day of employment.
  • California’s annual limit of sick time is 24 hours. In San Diego, employers are required to extend an employee’s use of sick time to 40 hours a year. Furthermore, sick pay accrual cannot be capped.

In addition, California’s minimum wage is also increasing. California’s rate is different than San Diego’s. The minimum wage increase for California is as follows:

Employers with 25 or fewer employees:

  • January 1, 2018 $10.50/hour
  • January 1, 2019 $11/hour
  • January 1, 2020 $12/hour
  • January 1, 2021 $13/hour
  • January 1, 2022 $14/hour
  • January 1, 2023 $15/hour

Employers with 26 or more employees:

  • January 1, 2017 $10.50/hour
  • January 1, 2018 $11/hour
  • January 1, 2019 $12/hour
  • January 1, 2020 $13/hour
  • January 1, 2021 $14/hour
  • January 1, 2022 $15/hour

Essentially, California’s minimum wage and minimum sick pay requirements will differ from San Diego. Therefore, it is vital for employers to review and update their policies and practices to ensure their compliance with both state and local law. Bulletins and notices will be provided to employers by the city. Employers will be responsible to post the notices, in addition to maintaining written or electronic records that document wages and accrual of sick pay. These records should be retained for three years.

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The Big Survey – How Do Your Perks and Insurance Compare? Part I

Benefits are a much needed, much discussed asset to your recruiting program. While perks and benefits can “boost” your compensation package, employers do have to be mindful of the costs involved. To help see where you stand, the Human Resources Daily Advisor presented results from their 2015 Perks & Insurance Survey that approximately 1,401 individuals participated in.

Highlights of this year’s survey follow:

  • Survey participants were comprised of staff positions (15.4%), supervisors (3.9%), manager or director level (64.3%) and VP or above (16.4%).
  • 62.1% of those surveyed accounted for businesses with up to 250 employees, 20.6% have 251 to 1,000 employees and 17.2% work in companies with more than 1,000 employees.
  • Health insurance is the most common benefit offered by employers.
  • Tuition reimbursement is considered very important to employers, especially from a recruiting standpoint.
  • 37.5% of respondents offer telecommuting as a perk.

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It’s practically a given that employees in today’s workforce expect to receive perks in one form or another. The number one perk offered by participants in this survey is health insurance at 95.5%. Health insurance was followed by paid holidays at 92.1% and then life insurance at 87.9%. Fourth and fifth on the list is long-term disability (72.7%) and paid vacation (70%). Short-term disability (69.4%), employee assistance programs (61.6%), paid sick days (61.1%), tuition reimbursement (48%) and PTO plans (44.8%) represent the rest of the top ten in benefits. Also considered important is tuition reimbursement. Of the 52.5% of survey participants, 30.7% consider tuition reimbursement valuable to their recruiting and retention efforts.

Telecommuting is yet another benefit provided by some employers. The majority of those that offer telecommuting do so because it improves employee morale. It also serves to improve recruiting and retention. For 43.6% of employers, it increased productivity.

graphic 4

Part II of the Perks and Insurance survey will entail more findings from this study. Additional information will include what’s being offered for insurance and how employers are containing costs. Watch for this article in early June.

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The Big Survey – How Do Your Perks and Insurance Compare? Part ll

Last month we shared results from the Human Resources Daily Advisor’s 2015 Perks and Insurance Survey. This month, we present Part II of the survey. It details what insurance is being offered by employers and how they contain their costs.

To briefly recap, a total of 1,401 individuals took part in this survey, which was conducted in March. A whopping 95.8% of employers participating in the survey offered health insurance as a benefit. To break that statistic down even further, 73.7% of survey participants offered a PPO (Preferred Provider Organization), and 30.1% offered an HMO (Health Maintenance Organization). Other plans offered include Point-of-Service plans, traditional indemnity plans and open access plans.

table.1

 

In 2014, a significant percentage, 59.6%, conducted a comprehensive review of their benefits package. 29.4% plan to do the same in 2015 or have already done so. The majority of respondents, 46.1% did not know if they were going to make changes to their current plan while 20% had already decided there would be no changes and 3.7% anticipated making significant changes.

Reining in costs for healthcare benefits is a popular topic for employers. 47.1% declared this to be a major priority. While complying with healthcare reform is the priority for 39.2%. Overall, a whopping 86.8% declared healthcare benefits to be important or very important to recruiting and retention efforts. A much smaller percentage, 12.4% considered offering healthcare benefits to be neutral or not important.

Some survey participants had increased health insurance costs for 2015. 57.2% passed on some of the increase to employees, while 18.5% generously absorbed the entire increase.

How did survey respondents contain health care costs otherwise? Their strategies included the following:

  • Raising employee deductibles (29.9%)
  • Raising employee copayments (20.9%)
  • Raising the employee portion of the premium (31.3%)
  • Offering HAS/HRA high deductible plans (16.1%)
  • Implementing wellness programs (15.6%)
  • Conducting employee dependent audits (5.3%)
  • Offering opt-out incentives (4.1%)
  • Introducing managed care programs (4.1%)

table.2

Looking ahead to 2016, 28% of employers surveyed anticipated their healthcare costs increasing significantly. 49.1% see an increase, but not a significant one. 18.1% believe their costs will stay the same with a small inflationary increase.

That concludes Part II of the Perks and Insurance survey.

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Key Strategies for Successful Safety Audits

What is a safety audit and why is it important to a company’s success? A safety audit, done correctly, can identify work hazards and prevent accidents. It also aids companies in setting safety and health goals among employees. Before deciding if your company should conduct an audit, there are a few things to consider.safety audit

What will an audit cost?

While the cost can vary, it can be controlled by asking a few questions:

  • Will my insurance carrier cover any fees? An insurance company may provide personnel and risk management resources for an audit.
  • Should I hire a consultant? This may be the best approach if the insurance carrier does not provide the service. Most consultants will adapt the audit to your company’s need, which saves time and cost.
  • Do I have resources within my company? Some companies will have in-house resources available to use. Managers from a department, who are cross-trained, might be able to audit another department.

Prioritize your audit

Your highest priority should be given to the areas of highest risk. High risk areas of interest include the detection of hazards or violations that could cause serious injury. Hazards or dangerous situations that are unlikely to occur should be given lower priority.

What happens after the audit?

If any serious hazards are detected, it is vital that they are corrected without delay. Should an inspector discover a hazard that you previously acknowledged, but did not correct, you could receive a citation.

Be mindful of your record keeping. Some documents to keep on file include safety committee inspection reports, inspection checklists and meeting minutes. Of particular significance are accident and serious injury reports.

Aside from determining the areas that need improvement, a periodic safety audit can also gage how well your company is running in terms of workplace safety and legal compliance. It is essential to conduct an accurate audit as an improper safety audit could result in a false sense of security and possible exposure to legal risks.

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New Leave Regulations for California Go Into Effect July 1, 2015

The new leave regulations set forth by the California Department of Fair Employment and Housing, specifically the California Family Rights Act (“CFRA”) have been amended. The regulations are effective July 1, 2015. CFRA, like the federal Family and Medical Leave Act (FMLA) is applicable to employers with 50 or more employees and contain similar provisions. An employee’s rights within these two acts can overlap.

Sick leave - employment issues and concepts word cloud illustration. Word collage concept.

Here are some highlights of the more important revisions to the CFRA:

  • Instead of responding to a CFRA leave request within 10 calendar days, an employer must now respond within 5 business days. An employee on CFRA leave may be required to use accrued vacation or paid time off, however only in instances when leave is unpaid.
  • An employer must allow occasional CFRA leave in one hour increments.
  • While an employee may be required to provide a health care provider’s certification to their employer, the employer cannot ask the employee or the health care provider about any symptoms or see diagnoses related to employee.
  • If an employer requests medical certification from an employee and it is not provided, the employer can deny CFRA leave provided the employee was given advance notification of this consequence.
  • Employees will not lose their position, as they are entitled to be placed in the same position he or she held or a position that is similar, if not identical. This should happen even if the position was filled or restructured.

The FMLA and CFRA requirements might sound simple, but they are not. Leave and accommodation issues can be very complex. In fact, FMLA and CFRA issues are some of the most common cases with regards to employment law. Therefore it is imperative that employers are able to navigate both the California and federal statutes with precision and accuracy.

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DLSE Publishes FAQ’s to Help Employers With California Sick Leave Notice Requirements

In order to help employers interpret and comply with California’s new paid sick leave law, the California Division of Labor Standards Enforcement (DLSE) is providing a set of Frequently Asked Questions (FAQ). The FAQ’s state that written notice of the new law

Illustration depicting a highway gantry sign with a sick leave concept. Blue sky background.

shall be provided to all employees, including those hired prior to January 1, 2015.

Some highlights of the new paid sick leave law are below:

  • Beginning July 1, 2015, employees will be provided with one hour of paid sick leave for every 30 hours worked and up to three paid sick days to be used per year.
  • If a new sick leave policy was created, or revised in response to the new law, an employer must provide notice of the new or revised policy to its employees within 7 days of the effective date.
  • For employees hired before January 1, 2015, employers must issue a revised Wage Theft Prevention Act notice or other appropriate written notice. An approved alternate notice can be utilized also. The notice could be included in a pay stub or within an itemized wage statement.
  • Employers are to provide a notice of the new sick leave law requirements to all employees hired after January 1, 2015. The revised Wage Theft Prevention Act serves to satisfy this notice as well.

As an employer, be sure that your sick leave policies are compliant with California law and that you are prepared to implement any necessary modifications to existing policies by July 1, 2015. In summary, employees hired after January 1, 2015 should have already received notification of the new sick leave law and those hired prior to January 1, 2015, should be receiving a revised version of the notice.

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Baby Boomers Leaving the Work Force – Don’t Let Their Knowledge Leave With Them

Baby Boomers Leaving the Work Force – Don’t Let Their Knowledge Leave with Them

According to the Pew Research Center, approximately 10,000 Baby Boomers will reach age 65 every day until the year 2030. It is a gindustry_mind2ood idea for employers to prepare for this exodus of not only the individuals, but the tribal knowledge of your business that will leave with them. One way for employers and employees to transition is by offering partial and trial retirement.

Retirement transition options can be beneficial for both employers and employees. Employers retain access to past experience and knowledge while employees gain benefits valuable to them at their stage of life.

Generally, it consists of a reduced work schedule in some capacity or another. Below is a list of options employers may implement during this transition period:

  • An employee could “retire,” but stay on as a contractor, eventually phasing out the number of projects assigned.
  • Simply offering a part-time schedule.
  • Allowing remote or telecommuting work.
  • Offer perks within their benefits package, like financial planning and/or memberships to retirement organizations.
  • Allow time off, either paid or unpaid as a way for employees to transition into spending time away from the office.
  • While the employee is still employed, offer early payment of partial pension benefits (if a pension is active).

Some benefits to employers offering partial or trial retirement:

  • Transitioning gradually allows the retiring employee to train his or her successor.
  • Employers are able to retain productive, content employees on the job a little longer.
  • Non-retiring employees may choose to stay with the company longer, after seeing the benefits offered to a retiring employee, thus creating employee loyalty.
  • This type of benefit can attract potential employees and improve the image of the company.

As you decide which aspects of partial or trial retirement you’d like to implement, it is best to determine the eligibility parameters prior to offering them. Design the plan options up front. In the end, this will increase your uptake and make it easier to track and implement employee options consistently.

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On-Call Employee Required to Sleep on Employer’s Premises? The Supreme Court Says They Must Now Be Paid

On-Call Employee Required to Sleep on Employer’s Premises? The Supreme Court Says They Must Now Be Paid  

The California Supreme Court recently held that employees spending eight hours of their 24-hour shift sleeping on their employer’s premises, must be compensated for that sleep time.

Previously employees, specifically security guards who worked for CPS Security Solutions and resided on-site in trailers, were not paid for eight hours of on-call “sleep time” during Employment lawtheir 24-hour shifts. In other words, CPS did not pay its employees for said on-call time unless they were asked to do a particular task.

A class action lawsuit was filed in 2008 by the guards, requesting that their on-call time and sleep time be paid time. The Courts agreed, stating that all on-call time should be compensated. CPS appealed but to no avail. All on-call time, including “sleep time” is considered “hours worked” as ruled by the California Supreme Court, and employees shall be paid for it.

Given this ruling by the courts, employers should review whether or not they are sufficiently compensating their employees who currently have unpaid on-call time, and if changes are needed to meet the requirements of this recent ruling.

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