25 Haziran 2012 Pazartesi
How to make my article a blocked account in Texas
Rights of the employee for personal leave
What is a blue mandate in Texas?
Texas law on affidavit of settled
Act Texas limitation of liability
24 Haziran 2012 Pazar
Covering 100% of Health Insurance is NOT a Good Idea
1) Double coverage
- Under California law, every employee is required to be covered under an employer’s group health insurance plan, if and only if, the employer covers 100% of the plan. This often means that people are double covered, because many employees are covered under their spouse’s policy and may not need the coverage from their own employer. Having employees contribute as little as $10 a month towards their health benefits is enough to eliminate this problem.
- Providing a 100% coverage creates what is often referred to as ”the other people’s money syndrome”; if something is offered for free, you will accept it, needed or not.
3) Engagement theory
- Allowing employees to pick their own health plan leaves them feeling engaged, respected, and trusted. Even if they are responsible for a small contribution, they will most likely feel more inclined to put some effort into choosing the best value and quality plan.
Source: SuperAgent.
SuperAgent is an endorsed CEA partner. With SuperAgent you can use web-based technology to compare, rank and evaluate your current health insurance carrier and plan against all others in California. Visit http://www.superagent.com/ today or call 888-912-7587 x303 for a fast and free demonstration and quick evaluation of your current plan.
Established in 1937, CEA is a non-profit association providing personalized and cost effective comprehensive information, services, and training for all aspects of human resources management,California Labor Law and relations solutions throughout California. Located throughout the state, CEA’s staff of regional directors draw upon more than 150 years combined knowledge and experience to assist in all aspects of employer-employee relations.
For more information please contact:
Scott J. Dear, Director of Membership Services
Toll free 1-800-399-5331 or 916-921-1312
Mobile 916-281-5898
Email: sdear@employers.org
Website: www.employers.org
Twitter: Caemployers
Action Hotline - California Employers Association (CEA)
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UIC's Job Analysis: Campus-wide Project
We have now entered the third year of conducting UIC’s campus-wide Job Analysis Project. This project, originally created to comply with requirements of the State Universities Civil Service System (SUCSS), has become more complex and time consuming than was originally anticipated. However, in the past two years 11 campus units have gone through the job analysis process, accounting for 1100 academic professional positions receiving job descriptions. This is already one third of the positions that were identified to be analyzed throughout the project.
Reasoning for the Job Analysis Project
Initially the need to conduct a campus-wide job analysis of Academic Professional positions resulted from audits by SUCSS. It was determined in these audits that many jobs were inappropriately classified as Academic Professional because there were similar classifications within the Civil Service Class Plan. The Job Analysis Project will appropriately classify jobs as Academic Professional or Civil Service, and create a job description for each position in a standardized, campus-wide format.
Through the ongoing project other practicable, long term benefits have been determined. These include creating the foundation for establishing compensation programs, career development, and promotional and training opportunities for Academic Professional employees. An online job library containing job descriptions for use across the campus is also being planned.
Conversions
A critical outcome of the Job Analysis program is the necessity to correct the inappropriate exemption of jobs covered by SUCSS. This does not mean that all employees currently classified as Academic Professional will now be converted to a Civil Service classification. Any Academic Professional employee who is determined to be converted to Civil Service will be given substantial information about the conversion process and plenty of opportunity to ask questions before the actual conversion to Civil Service is completed.
An Ongoing Process
The Job Analysis Project will be continuing as an ongoing process until all campus units are completed. Each unit will be given sufficient notice and a Project Plan outlining the job analysis process when they are scheduled to participant in the program. A process has also been established to help a unit that has a need to fill an open position before it is scheduled for a complete job analysis. An interviewer has been dedicated to conduct a job analysis for these open positions, determine if the position is Academic Professional or Civil Service, and create a job description that the unit can use to fill the position. Finally, all efforts are being made, through a Consistency Check Team, to assure that all positions will be consistently classified, Academic Professional or Civil Service, whether within a unit or campus wide.
If there are questions about the job analysis and job description process contact Joe Fowler, Assistant Director Compensation/Job Analysis, fowlerj@uic.edu or visit the UICHR website where you will find more detailed information (e.g. FAQ’s).
It's Never Too Soon: The Retirement Planning Conference
Spring is the time when flowers blossom, when we cast off our winter garb and welcome bright colors and light clothing and when we are reminded of our promises to stay fit and healthy. It is also a time to think about future goals. If one of those is retirement, then hopefully you attended the Retirement Planning Conference which was held on Saturday, April 14, 2012 at Student Center East.
The Retirement Planning Conference is intended to assist UIC faculty, staff, and families in planning for retirement by providing information and access to resources. Retirement planning can never start too soon. Whether you are planning on retiring in three years or thirty years the seminars offer information that assists you in preparing for your retirement. The 400 people in attendance this year were welcomed by Maureen Parks, Executive Director and Associate Vice President, University Human Resources. Next, a presentation on the State of Illinois Retiree Health Plan with insight into the Retirement Steps and Timeline was addressed by Tim Gavin from University Payroll and Benefits Services.
State Universities Retirement System of Illinois (SURS) counselors conducted workshops and seminars covering a wide range of topics for planning and managing your retirement benefits. Representatives of Fidelity and TIA-CREFF provided insight into investment strategies and income distribution at retirement. State Universities Annuitants Association UIC UNITED, UIC Chapter of SUAA representatives were available to discuss protecting your retirement benefits, while other presenters discussed benefit impact on social security and challenges of pension reform.
Of greatest value reported by attendees were the Retirement Planning Expo Fair breakout sessions and the wealth of printed information distributed on arrival.
For more information access the following links:
Retirement Planning Conference http://www.uic.edu/depts/hr/Special_Programs/retirement_conf.shtml
Websites of Interest for Illinois Retirees and the Retiree Guide:
Websites of Interest for Illinois Retirees
The Retiree Guide
For information on protecting your retirement benefits and membership contact SUAA http://www.uic.edu/orgs/suaa/
23 Haziran 2012 Cumartesi
What's the Real Cost?
What’s the cost of a claim? It might be fines for incomplete I-9s, unpaid taxes for misclassification of workers, overtime for unpaid wages or a need to change employment practices. But, the biggest cost is usually legal fees. It is a best practice to hire counsel when an employer faces a government investigation, employee claim or audit. Contacting counsel before reacting/responding to a claim is prudent, but it does create an expense. Moreover, a disgruntled employee is likely to have an attorney herself. When an employee has an attorney, that attorney will likely make a demand for some kind of monetary compensation for whatever wrong the employee alleges. The demand ordinarily includes the payment of that employee’s attorney’s fees.
Most Federal discrimination laws allow for the recovery of attorney’s fees to the “prevailing party”. In a case that goes to litigation, this can mean that the employee’s attorney will ask the court to award “reasonable attorney’s fees”. Typically, the employee’s will ask that the court award attorney’s fees in excess of $100,000. Even in cases that settle, employees expect their attorney’s fees to be paid by the employer, which again can add up to significant amounts of money even in a case that is considered suspect.
In a recent Federal employment discrimination case, a jury awarded an employee $110,000 in damages for the employer’s retaliation for her protesting unlawful employment practices. The employee asked the court for an award of attorney’s fees. Although the employee also brought two other unsuccessful claims (one for gender discrimination and one under the FMLA) that the jury rejected, the judge in that case awarded the employee $250,000 in attorney’s fees and expenses. Think about it: her attorney’s fees award more than doubled the amount of actual damages that the jury awarded to her. The judge reasoned that the winning claim (retaliation) was “intertwined” with her other discrimination claims such that she was entitled to all of her attorney’s fees.
What is the lesson learned from this illustrative case? Be proactive as an employer. Conduct regular training for both employees and management, including on topics such as harassment. In addition, conduct a self-audit of internal recordkeeping, policies and procedures, etc. If you find violations on your own, it’s cheaper and easier to correct with the assistance of counsel than when your company is facing a claim or audit. Finally, while not all claims are avoidable despite best efforts, if the company has taken proactive steps such as those mentioned above, it can mitigate its exposure and can reduce the number of claims. After all, paying someone else’s attorney’s fees doesn’t exactly help the bottom line.
OFCCP Observes Equal Pay Day
EEOC Makes State Charge Data Available Online
EEOC rules transgender status protected from discrimination under Title VII
The Dream, the Reality: Civil Rights in the '60s and Today
21 Haziran 2012 Perşembe
Advance Components Settles EEOC Age Discrimination Lawsuit
Court gives EEOC broad latitude in bringing bias suits
OFCCP Sends Out Large Round of Corporate Scheduling Announcement Letters with a New Twist
OFCCP May Request Data That Post-Dates Scheduling Letter, Appeal Board Rules
The Dream, the Reality: Civil Rights in the '60s and Today
20 Haziran 2012 Çarşamba
H-1B Cap Close to Full
See:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4b7cdd1d5fd37210VgnVCM100000082ca60aRCRD&vgnextchannel=73566811264a3210VgnVCM100000b92ca60aRCRD
Bill Introduced to Fight NLRB Election Proposal
http://thomas.loc.gov/cgi-bin/bdquery/z?d112:h.r.3094:
http://www.uschamber.com/issues/letters/2011/letter-supporting-hr-3094-%E2%80%9Cworkforce-democracy-and-fairness-act%E2%80%9D
NLRB Sets November 10 to Adopt Quickie Election Rules
http://www.nlrb.gov/news/nlrb-sets-vote-portions-proposed-election-rule
EEOC Posts Record Charges and Settlements
The EEOC received a record 99,947 charges of discrimination in fiscal year 2011, which ended Sept. 30, the highest number of charges in the agency’s 46-year history. EEOC staff also delivered historic relief through administrative enforcement—more than $364.6 million in monetary benefits. This is also the highest level obtained in the Commission’s history. The fiscal year ended with 78,136 pending charges—a decrease of 8,202 charges, or ten percent. In previous years, the pending inventory had increased.
At the end of the fiscal year, there were 580 systemic investigations involving more than 2,000 charges under way. EEOC field legal units filed 261 lawsuits—23 of which involved systemic allegations affecting large numbers of people; 61 had multiple victims (less than 20); and 177 were individual lawsuits.
The EEOC’s private sector national mediation program also achieved historic highs, obtaining more than $170 million in monetary benefits for complainants, and securing the highest number of resolutions in the history of the program—9,831. This is five percent more than the number of resolutions reported in fiscal year 2010.
In the federal sector, where the EEOC has different enforcement obligations, the Commission resolved a total of 7,672 requests for hearings, securing more than $58 million in relief for parties who requested hearings. It also resolved 4,510 appeals from final agency determinations.
The EEOC’s FY 2011 report is posted on the agency’s web site at http://www.eeoc.gov/eeoc/plan/index.cfm.
See also:
http://eeoc.gov/eeoc/newsroom/release/11-15-11a.cfm
http://www.shrm.org/hrdisciplines/employeerelations/articles/Pages/ChargesFiledwithEEOCHitRecord.aspx
NLRB Targets Non Union Workers With Communications
Among the cases used as an example for employees to read:
- A construction crew fired after refusing to work in the rain near exposed electrical wires;
- a customer service representative who lost her job after discussing her wages with a coworker;
- an engineer at a vegetable packing plant fired after reporting safety concerns affecting other employees;
- a paramedic fired after posting work-related grievances on Facebook; and
- poultry workers fired after discussing their grievances with a newspaper reporter.
To view the webpage go to: http://www.nlrb.gov/concerted-activity
19 Haziran 2012 Salı
Veterans are returning home and re-entering the workforce in growing numbers: are you prepared?
Labor ruling adds to burden on federal contractors in audits
The Dream, the Reality: Civil Rights in the '60s and Today
House clears EEOC appropriations bill with several limiting amendments
Affirmative action backed in largely black Brazil
18 Haziran 2012 Pazartesi
Jobless Rate Down? Good News for the Economy?
However, some states have bucked the trend, such as Georgia, where the U.S. DOL reports the jobless rate increased in November to 10.2%,, up one-tenth of a percent.
The overall U.S. unemployment rate is close to a 26-year high, with economists forecasting that the rate will exceed 10% through June 2010 (in November it fell from 10.2% to 10% nationwide). Ten states currently have an unemployment rate of 10% or more, which experts say will continue to stagnate consumer spending.
With 7.2 million jobs lost during this current economic downturn, the market for labor should be strong for employers who take the time to carefully screen and scrutinize candidates for jobs. In addition, the vast labor pool might serve as an incentive for employees to perform their very best, knowing that many qualified individuals are available for work as replacements.
Small Business Tax Credits
The Patient Protection and Affordable Care Act (PPACA) was signed into law on March 23rd. This law gave small businesses a special tax credit for offering health insurance coverage. A small employer is eligible for the credit if it:
- employs less than 25 full-time employees (FTEs);
- pays an average wage of $50,000 or less (for tax years 2010-2013); and
- provides health insurance under what's called a "qualifying arrangement".
A "qualifying arrangement" is where the eligible employer makes non-elective contributions for employees who enroll in the company-provided health plan for at least 50% of the premium (on a uniform basis).
Employers with 10 or fewer FTEs who pay an average wage of $25,000 or less will receive the maximum tax credit. Those employers with between 10-25 FTEs or who pay an average wage between $25,000 and $50,000 get a reduced credit.
The credit is applied on the employer's tax return against income taxes. But, if the employer has no income tax liability, there is no credit available. The credit can also be carried back (one year) or forward (20 years). However, the credit for 2010 can only be carried forward.
The credit can be up to 50% of the employer premiums paid.
Caregiver Issues in the Workplace
Increasingly, lawsuits have been filed by employees over caregiving responsibilities. Unlike other types of discrimination, which employers prevail in about 90 percent of the cases, plaintiffs have succeeded in about half of these cases. Claims of this sort arise over pregnancy and maternity leave, elder care, care for sick children, care for ill spouse, for newborn care by fathers or adoptive parents, and care for a disabled family member. Most of the cases have been brought by female workers.
In addition, even if an employer settles these type of cases, settlements can be $500,000 or more, making it very expense to be sued, let alone defend, such claims. Claims may arise out of the Family & Medical Leave Act, Title VII, or other state or federal discrimination laws.
It is very important to establish an effective supervisor training program to prevent supervisors from acting with bias when employees have family responsibilities that may conflict with workplace obligations.
Break Time for Nursing Mothers under the FLSA
The amendment requires an employer to allow "reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk." The employer must provide "a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk".
Only employees who are not exempt from the FLSA’s overtime pay requirements are entitled to breaks to express milk. While employers are not required under the FLSA to provide breaks to nursing mothers who are exempt from the overtime pay requirements of Section 7, they may be obligated to provide such breaks under State laws.
The law is vague as to how many and how long these breaks are permitted since the language of the statute is “reasonable break time” to express the breast milk “each time the employee has the need to do so.” These breaks are at the prerogative of the mother. The mother is not required to take these breaks.
These rest breaks need not be compensated, under the Act. However, other federal legislation requires employers to compensate employees for “rest periods of short duration running from 5 minutes to about 20 minutes…” Employers with fewer than 50 employees are not subject to the FLSA break time requirement if compliance with the provision would impose an undue hardship. Whether compliance would be an undue hardship is determined by looking at the difficulty or expense of compliance for a specific employer in comparison to the size, financial resources, nature, and structure of the employer’s business. All employees who work for the covered employer, regardless of work site, are counted when determining whether this exemption may apply.
Employers are not required under the FLSA to compensate nursing mothers for breaks taken for the purpose of expressing milk. However, where employers already provide compensated breaks, an employee who uses that break time to express milk must be compensated in the same way that other employees are compensated for break time. In addition, the FLSA’s general requirement that the employee must be completely relieved from duty or else the time must be compensated as work time applies.
In addition, the “lactation room” must be a place “other than the bathroom that is shielded from view and free from intrusion from coworkers and the public.” The Department of Health and Human services states this room may be as small as 4 feet by 5 feet to comfortably accommodate a chair and table or shelf.
The area need not be a room at all either, with several employers using privacy screens in less traveled areas of the office. While a possible solution, this is definitely not the best, as it does not allow for restricted access via lock and key to prevent accidental intrusion.
Employers should locate private areas other than the bathroom that could operate as a “mother’s room.” Having a lock or some other way to prevent accidental intrusion is recommended. An unused office is a good option.
If there are multiple mothers or the room serves as a multipurpose room, a “reservation” schedule should be organized to best make use of the space and prevent conflicts.
What's the Real Cost?
What’s the cost of a claim? It might be fines for incomplete I-9s, unpaid taxes for misclassification of workers, overtime for unpaid wages or a need to change employment practices. But, the biggest cost is usually legal fees. It is a best practice to hire counsel when an employer faces a government investigation, employee claim or audit. Contacting counsel before reacting/responding to a claim is prudent, but it does create an expense. Moreover, a disgruntled employee is likely to have an attorney herself. When an employee has an attorney, that attorney will likely make a demand for some kind of monetary compensation for whatever wrong the employee alleges. The demand ordinarily includes the payment of that employee’s attorney’s fees.
Most Federal discrimination laws allow for the recovery of attorney’s fees to the “prevailing party”. In a case that goes to litigation, this can mean that the employee’s attorney will ask the court to award “reasonable attorney’s fees”. Typically, the employee’s will ask that the court award attorney’s fees in excess of $100,000. Even in cases that settle, employees expect their attorney’s fees to be paid by the employer, which again can add up to significant amounts of money even in a case that is considered suspect.
In a recent Federal employment discrimination case, a jury awarded an employee $110,000 in damages for the employer’s retaliation for her protesting unlawful employment practices. The employee asked the court for an award of attorney’s fees. Although the employee also brought two other unsuccessful claims (one for gender discrimination and one under the FMLA) that the jury rejected, the judge in that case awarded the employee $250,000 in attorney’s fees and expenses. Think about it: her attorney’s fees award more than doubled the amount of actual damages that the jury awarded to her. The judge reasoned that the winning claim (retaliation) was “intertwined” with her other discrimination claims such that she was entitled to all of her attorney’s fees.
What is the lesson learned from this illustrative case? Be proactive as an employer. Conduct regular training for both employees and management, including on topics such as harassment. In addition, conduct a self-audit of internal recordkeeping, policies and procedures, etc. If you find violations on your own, it’s cheaper and easier to correct with the assistance of counsel than when your company is facing a claim or audit. Finally, while not all claims are avoidable despite best efforts, if the company has taken proactive steps such as those mentioned above, it can mitigate its exposure and can reduce the number of claims. After all, paying someone else’s attorney’s fees doesn’t exactly help the bottom line.
17 Haziran 2012 Pazar
Affirmative Action on the Docket
Inside Higher Ed
HR Policy 313: Employment of Relatives (Nepotism)
By Dan Harper, Associate Director, Labor & Employee Relations
In the September, 2010 issue of HR eNews, we reviewed the evolving standards of scrutiny which the Inspector General and the Ethics Office have applied to situations where relatives are employed at UIC. In the January, 2011 issue, we clarified the support resources available to Campus units when questions arise. This month, we’ll review why the Management Plans are required and share an analysis of why a Nepotism Management Plan is advisable for both the employees and the University when relatives are employed.
Why is a Management Plan required?Article IX, Section 2 of the Statutes directs each Chancellor to develop procedures to ensure that no conflicts of interest will exist due to the hiring of relatives. UIC HR Policy #313, which implements that Statute, states: “It is the responsibility of each unit/department/college to review all situations involving the employment of relatives, to assure compliance with this policy and to resolve any potential conflicts. All cases involving members of the faculty will be reviewed and approved by Faculty Affairs; academic administrative and professional staff (including employees with hourly appointments), graduate students with hourly appointments or assistantships, and cases involving civil service staff or extra help must be reviewed and approved by UIC Human Resources; and, those cases involving UIC undergraduate students with appointments must be reviewed and approved by Student Employment. In cases involving an interaction between areas of responsibility, these offices will act jointly.It is the obligation of staff members to call to attention situations in which they could be in violation of this policy and to remove themselves from initiating or participating in any institutional decisions involving a direct benefit to a relative or domestic partner covered by this policy. In such cases, the department, unit and/or college must develop a decision-making procedure bypassing all the related parties. Such procedures must be agreed to and approved through all administrative levels. In all cases, approval must be obtained from the appropriate human resources office as defined above.For new hires, there must always be review and approval if two members of the same family are to be employed in the same unit. For changes in existing positions that might create a supervisory relationship in the same unit, review and approval are also required. In all cases, the fact that the unit has met the obligations of this policy should be reflected in unit personnel files available for audit.” (Emphases added.)Based on the resolution of an investigation ordered by the Ethics Office following a complaint to the Inspector General, the Ethics Office recommended that UIC HR make document templates available to employees so that they could disclose existing familial relationships, even if they are employed by separate units. (The Ethics Office refers to these “decision-making procedures” as “Management Plans”.) This recommendation was based on the high level of inter-departmental transfers which have been completed on the campus. In the case of new hires with relatives already employed on Campus, the Ethics Office required that the Employment Office receive a Management Plan in all cases where the applicant for employment has acknowledged on their application that a relative is employed at UIC. However, as the Policy states explicitly, it the responsibility of the Campus units to ensure compliance with the Policy. UIC HR is available to provide document templates (which have been approved by Legal) and advice as requested. How does a Management Plan benefit employees and the University?When two or more relatives sign a Nepotism Management Plan, they openly acknowledge the familial relationship, so there can be no basis to suggest that they have attempted to disguise or hide the relationship. If (or more likely when, in this environment of heightened scrutiny by the media, particularly of ethical issues in the University setting) the University receives a FOIA request about a nepotism concern, the employees will be protected from challenges regarding the employment relationships as they have complied with the most recent advice from the Ethics Office. They have committed to not influencing a relative’s employment in any way and they’ve met the full requirements of the Policy (which, after all, recognizes that relatives may be employed).In the same way, the University and its officers have some assurance, as the employees have acknowledged that they are familiar with the University Statute and Policy which prohibits either or any of them to intervene, interfere, or influence in any way the terms and conditions of employment of the other(s). Explicitly, they acknowledge that violation of the Policy may lead to termination of their employment. If an employee does in fact violate the Policy after submitting a Nepotism Management Plan, the University will be able to investigate the specifics and take appropriate action. That response will confirm that the Policy has been implemented effectively, and that it worked as it should. Full compliance with the Policy provides the best protection for the University and any involved administrative officers.Other ConsiderationsOur evolving experience with the implementation of the Policy and the Management Plans indicates that we need to be especially sensitive when one or more of the related employees are in supervisory roles or when they are in positions which by their nature tend to have influence or impact on others. These may include human resources, business and grant management, or policy roles. Our experience also indicates that hiring units may be well-advised to consider the long-term impacts of hiring relatives of current employees, as the related employees (and the unit itself) may find their flexibility and promotional opportunities limited - - as none of the related employees, regardless of their skills or performance, may be promoted to a supervisory level where they might influence personnel decisions for their relative. Whether this and other factors induce a hiring unit to extend its search for the best candidate is, of course, a decision for the unit itself to make. Specific question or concerns can be discussed with Dan Harper at X34788. The templates for Nepotism Management Plans are currently being revised so that they can be completed online, but existing formats can be used to protect employees, candidates, and the University while the revisions are made.