Alcatel-Lucent OmniAccess Wireless LAN Family

24 Pages·2007·0.85 MB·English

HR Guideline
for
California
Employers
This HR Guideline contains some of the most frequently used employment and Human Resource laws at the time of
publication and is intended to be a useful reference document. The laws and statutes’ described in this Guideline
may be modify or changed at any time without advance notice. For this reason, we urge employers to check with
their labor council to obtain current information regarding the status of any specific matter.

Copyright © 2011 Centricity Solutions. All rights reserved.
Unless otherwise indicated, all information on these pages are copyrighted by Centricity Solutions. All rights
reserved. Users are forbidden to reproduce, republish, redistribute, or resell any materials from this Guideline,
without prior written permission.
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Contents
EMPLOYMENT PRACTICES
 New Employee Paperwork Guidelines ---------------------------------------------------------------- 3
 Employee File Maintenance ----------------------------------------------------------------------------- 4
 Employee Right to Inspect Personal File ------------------------------------------------------------- 5
 Employee Classification & Status ---------------------------------------------------------------------- 5
 Work Schedules --------------------------------------------------------------------------------------------- 9
 Timekeeping Tips ------------------------------------------------------------------------------------------- 9
 Waiting Time or On Call Payment Requirements ------------------------------------------------ 10
 Administrative Pay Corrections ---------------------------------------------------------------------- 11
 Deductions from Wages -------------------------------------------------------------------------------- 11
 Business Expenses ---------------------------------------------------------------------------------------- 11
 Overtime --------------------------------------------------------------------------------------------------- 11
 Rest Breaks ------------------------------------------------------------------------------------------------ 12
 Meal Breaks ------------------------------------------------------------------------------------------------ 12
 Workers' Compensation /Accident Reporting ---------------------------------------------------- 12

STANDARDS OF CONDUCT
 Harassment ------------------------------------------------------------------------------------------------ 14
 GINA & Medical Requests ------------------------------------------------------------------------------ 14
 Off-Duty Conduct ----------------------------------------------------------------------------------------- 15
 Drug and Alcohol Use ----------------------------------------------------------------------------------- 15
 Punctuality and Attendance --------------------------------------------------------------------------- 15
 Termination ----------------------------------------------------------------------------------------------- 16
 Reference Checks ---------------------------------------------------------------------------------------- 17

TIME OFF BENEFITS / LEAVES
 PTO/Vacation/Sick Leaves ----------------------------------------------------------------------------- 18
 Floating Holiday ------------------------------------------------------------------------------------------- 18
 Bereavement ---------------------------------------------------------------------------------------------- 19
 General Rule on Payment for Personal Leaves --------------------------------------------------- 19
 Required Leaves ------------------------------------------------------------------------------------------ 19
 Pregnancy Disability Leave (PDL) --------------------------------------------------------------------- 19
 Family & Medical Leave Act (FMLA) / California Family Rights Act (CFRA) --------------- 20
 Jury or Witness Duty Leave --------------------------------------------------------------------------- 21
 Voting Leave ---------------------------------------------------------------------------------------------- 22
 Domestic Violence and Sexual Assault Victim Leave ------------------------------------------- 22
 Crime Victims Leave ------------------------------------------------------------------------------------ 22
 School Activities Leave --------------------------------------------------------------------------------- 22
 Suspension ------------------------------------------------------------------------------------------------ 23
 Volunteer Civil Service Leave ------------------------------------------------------------------------- 23
 Military Service Leave ---------------------------------------------------------------------------------- 23
 Leave for Drug and Alcohol Treatment ------------------------------------------------------------ 24
 Leave for Literacy Assistance -------------------------------------------------------------------------- 24
 Paid Leave for Organ or Bone Marrow Donation ------------------------------------------------ 24
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EMPLOYMENT PRACTICES

New Employee Paperwork Guidelines
A California employer should always require all employment documents, including an employee offer
letter of employment, and company policies to be signed before the new hire starts the first day of
work. Employees should not be permitted to begin work or training until all forms are completed
including providing proper identification. All items in bold are required for employment and payroll
purposes.

 Offer Letter - When hiring a new employee, an employer should always present the job offer in
writing, either in the form of an employment contract, or an offer of employment letter. The
purpose is to clearly set forth the terms of the employment relationship, so the employee
cannot later say the employer promised something other than what was placed in the offer of
employment. In addition, depending on the nature of the company, or the business, additional
contracts or agreements may be necessary to address a specific aspect of the employment
relationship.
 W-4 - Required so that the correct Federal Income Tax can be withhold from the new employees
pay. The employee must indicate Single or Married and the total number of allowances they are
claiming (box #5). This form must be signed. If an employee whishes to have a different amount
withheld for State Income Tax the state withholding form (DE4) must be completed.
 I-9 - Required by the DHLS to prove that we are employing individuals who are eligible to work
in the United States. Must be completed within 72 hours of employment. If appropriate
documents are not produced within 72 hours, employee must be paid for hours/days worked
and terminated. This form must be completed entirely. The employee completes the top
section and the employer completes the lower section verifying identity.
 DE34 New Hire Reporting - All California employers must report all their new or rehired
employees who work in California to the New Employee Registry within twenty (20) days of
their start-of-work date. The start-of-work date is the first day services were performed for
wages.
 Direct Deposit Form – If employees want their payroll directly deposited into their account(s)
they must complete an authorization form and attach a voided check.
Required Notices
 State Disability Insurance (SDI) - Employer must provide the brochure "State Disability
Insurance Provisions" (DE2515) to new employees within five working days of employment date.
Also, the pamphlet must be given to any employee who becomes disabled due to pregnancy or
is ill or injured from causes unrelated to work within ten days of the absence, provided that the
employer has been notified of the cause of the absence. (U.I. Code §1089).
 Workers' Compensation Insurance (WC) - New Employee Notice: New employees, either at the
time of hire or by the end of the first pay period must receive the pamphlet "Facts about
Workers’ Comp." (90-58882). (CA Labor Code §139.6)
 Sexual Harassment - Employers with one or more employees are required to distribute to their
employees the Department of Fair Employment & Housing (DFEH) information sheet on sexual
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harassment or equivalent information in a manner that ensures distribution to each employee.
(CA Gov. Code §12950(b)).
 Paid Family Leave (PDF) – The Paid Family Leave law requires employers to provide the Paid
Family Leave (DE 2511) brochure to new employees and employees who request leave to care
for a seriously ill family member or bond with a new child. Employers are not required to
provide the Paid Family Leave insurance claim forms to their employees.
Paid family leave (PFL) is a state sponsored insurance program within the SDI program. It applies
to all employees at companies of any size to provide them with partial wage replacement for up
to six weeks in any 12 month period while they are absent from work to care for a seriously ill or
injured family member or bonding with a minor child within one year of birth or placement of
the child in connection with foster care or adoption. Like SDI, PFL does not create a right to a
leave of absence or guarantee reinstatement rights other than those already mandated by law.
An employee who is entitled to a leave of absence under the FMLA and the CFRA should take
PFL concurrent with those leaves.
Employee File Maintenance
Individual employee files should be started from their date of hire and maintained vigilantly through
separation of employment.
1. Personnel File
2. Medical/Benefits File
3. Payroll File
4. I-9 File
5. Other miscellaneous such as Workers Compensation files or OSHA logs
The following approach to your HR filing is recommended:
Main HR file: Include documentation that provides a roadmap for where the employee has been, and
that can be used for making and justifying future employment related decisions (i.e. promotions,
discipline, terminations) that are based upon performance rather than discriminatory reasons. Examples
of what to include are:
 Employment application/resume
 New hire checklist
 Orientation checklist
 Employee personnel action change documentation (i.e. promotions, pay
 Raises and reasons for them, etc)
 Performance evaluations
 Formal discipline documentation/performance improvement plans
 Signed policy/handbook acknowledgements
 Employee training documentation
 Quarterly/annual attendance records
 Termination checklist
File confidential information or items not related to pay and performance elsewhere:
 I-9 forms and supporting documentation (this should have its own, separate filing system). All
employee I-9’s should be kept together in one binder. This will be the easiest way to provide
the documentation should there ever be an audit.
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 Employee benefits enrollment documentation. The Medical file will contain information that
should NOT be kept in either the Personnel file or Payroll file.
 Informal notes on performance related conversations
Payroll Changes/Documentation - Direct deposit forms, for example, can be kept in a Payroll file. The
Payroll file’s purpose is to maintain specific items related directly to payroll processing and reporting.
The files may be stored in or near the payroll department under lock and key.
Employee Right to Inspect Personal File
Companies are required to make and keep a variety of records about their employees. Although these
records belong to the employer, employees have a right to see many of the documents in their
personnel files. Depending on the type of document involved, employees, applicants, and ex-employees
may be entitled to inspect and copy items in their personnel files.
Companies may remove certain documents before permitting an employee access to the file, including:
 letters of reference,
 records involving possible criminal offenses, and
 certain pre-hire and promotional ratings and reports.
Employers must make employees' personnel files available within a reasonable time after employees
request access. Although employers may limit the amount of time employees have to examine their
files, employers must give them sufficient time for a reasonable inspection.
While employers must allow employees to make notes while reviewing their file, employees may not
alter the file in any way. So, employees may not take their file, take anything from or add anything to
their file, or write on any document. If employees disagree with any statement in the file, they may not
require their employers to change it.
Employees, applicants, and ex-employees may receive a copy of any employment-related document
that they signed. Examples of signed documents include:
 employment applications and agreements,
 confidentiality agreements,
 authorizations, and
 performance appraisals.
Employers may have someone present to monitor the inspection to ensure that employees do not take,
alter, or damage the files.
Employee Classification & Status
A specific classification should be assigned to each Employee for purposes of identifying eligibility for
benefits, salary administration and overtime eligibility. Classifications are determined by the Employee’s
assigned work schedule and employment relationship. Employees must be correctly classified as Exempt
or Non-Exempt.
Non-Exempt Status - Employees classified as non-exempt are generally paid on an hourly basis and
occupy non-supervisory, clerical, or support positions. These Employees are eligible for applicable
overtime pay and must be provided meal and rest periods.
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Exempt Status – Exempt means a Employee is not subject to the Fair Labor Standards Act (FLSA)
overtime provisions or the Industrial Welfare Commission (IWC) Wage Order sections pertaining to
overtime, minimum wage, record keeping, uniforms and equipment, meal periods, and rest periods.
Where the state and federal regulations conflict the more restrictive requirement, is the one California
employers must follow. Job title or salary does not classify an employee as Exempt. The employees work
must be relatively high-level work and exempt level employees must be paid at least $33,280 annually.
It is up to employers to determine whether to classify an employee as exempt or nonexempt under the
Fair Labor Standards Act (FLSA).
Most employers believe that so long as an employee is paid a salary, they are exempt from the
requirement to pay overtime wages. This is not correct. Income or salary alone does not determine
exempt status, and salaried employees are not automatically exempted from overtime compensation.
Job titles do not designate an employee as exempt or non-exempt.
To comply with the FLSA, employers need to regularly review their employee classifications. Generally,
two requirements must be met to classify an employee as exempt:
1) They must earn a salary and
2) Hold a position with duties the U.S. Labor Department designates as appropriate for exempt
positions.
Those positions generally fall into six categories: executive, administrative, learned professional,
computer professional, creative professional and outside sales.
Use the Exempt vs. Non-Exempt checklist to be sure you are classifying employees correctly.

AUDIT: TEST YOUR COMPLIANCE
To be considered exempt from overtime, an employee must generally be paid on a salary basis and his
job duties must meet the Labor Department’s standards for one of the six exemption categories
discussed below.
 Executive Employee
Answer the following questions to determine whether you’ve misclassified a Don’t
worker as an exempt executive: Yes No Know
1. Is the employee’s primary duty managing the enterprise or a
department or subdivision of the enterprise?   

2. Does the employee customarily direct the work of two or more other
employees or their equivalent?   

3. Does the employee have the authority to hire or fire, and do his or her
recommendations carry significant weight if unauthorized to make the
  

final decision?

4. Is the employee paid the equivalent of at least $640 per week on a
  

salary basis?
If you answered “No” to any of these questions, you may have misclassified the worker as an exempt
executive.
Note: If the employee is at least a 20 percent owner of the business and meets requirements #1 and #2
above, he need not meet the salary requirement in #4 or the authority requirement in #3.

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 Administrative Employee
Answer the following to determine whether a worker is misclassified as an Don’t
exempt administrative employee: Yes No Know
1. Is the employee’s primary duty performing office or non-manual work
directly related to the management or general business operations of
  

the employer or the employer’s customers?

2. Does the employee exercise discretion and independent judgment with
respect to matters of significance? That is, does he or she evaluate and
compare possible courses of action and then make a decision or   
recommendation after considering the various possibilities?

3. Is the employee paid the equivalent of at least $640 per week on a
  

salary basis?
If you answered “No” to any of these questions, the employee may be misclassified as exempt
administrative.

 Learned Professional Employee
Answer the following to determine whether a worker is misclassified as an Don’t
exempt learned professional: Yes No Know
1. Is the employee’s primary duty to perform work requiring knowledge
of an advanced type in a field of science or learning customarily   
acquired by a prolonged course of specialized intellectual instruction?
2. Is the advanced knowledge obtained by completing an academic
course of study resulting in a four-year college degree or leading to   
certification?
3. Is the employee paid the equivalent of at least $640 per week on a
  

salary basis?
If you answered “No” to any of these questions, the employee may be misclassified as an exempt learned
professional.
Exception: Those who’ve completed the educational requirements for a law or medical degree need not
meet the minimum salary requirement. Also, teachers need not be certified or meet the minimum salary
requirement to qualify as learned professionals.

 Creative Professional Employee
Answer the following to determine whether a worker is misclassified as an Don’t
exempt creative professional: Yes No Know
1. Is the employee’s primary duty to perform work requiring invention,
originality or talent in a recognized field of artistic endeavor such as   
music, writing, acting and the graphic arts?
2. Does the work require more than intelligence, diligence and accuracy
  

(i.e., does it require “talent”)?
3. Is the employee paid the equivalent of at least $640 per week on a
  

salary basis?
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If you answered “No” to these questions, you may have misclassified a worker as an exempt creative
professional.

 Computer Professional
Answer the following to determine whether a worker is misclassified as an Don’t
exempt computer professional: Yes No Know
1. Is the employee paid at least $6,587.50 per month on a salary or fee
  

basis or, if paid hourly, at a rate of not less than $37.94 per hour?
2. Is the employee’s primary duty:
Application of system analysis techniques and procedures, including
consulting with users, to determine hardware, software or system   
functional specifications; or
Design, development, documentation, analysis, creation, testing or
modification of computer systems or programs, including prototypes,   
based on and related to user or system design specifications; or
Design, testing, documentation, creation or modification of computer
  

programs related to machine operating systems; or
A combination of the aforementioned duties requiring the same level
  

of skills?
If you answered “No” to #1 or were unable to answer “Yes” to any parts under #2, you may have
misclassified the worker as an exempt computer professional.

 Outside Sales Employee
To determine whether a worker has been misclassified as an exempt outside Don’t
sales employee, answer the following questions: Yes No Know
1. Is the worker’s primary duty making outside sales?
  

2. Does he regularly work away from the company’s place of business?
  

3. Does the worker sell tangible or intangible items, such as goods,
insurance, stocks, bonds or real estate, or obtain orders or contracts   
for services or the use of facilities?
If you answered “No” to any of these questions, you may have misclassified the worker as an exempt
outside sales employee.

Correct classification is very important as misclassification of exempt or non-exempt status may result in
a combination of fines, penalties, or the payment of unpaid wages, as imposed by the Department of
Labor (DOL). Willful violations may result in criminal prosecution and employers may be fined up to
$10,000. Second convictions may result in imprisonment. Employers who willfully or repeatedly violate
the minimum wage or overtime pay provisions of the FLSA also are subject to civil money penalties of up
to $1,100 for each violation.

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Work Schedules
Managers should advise their Employees of their individual schedules. Staffing needs and operational
demands may necessitate variations in starting and ending times, as well as variations in the total hours
that may be scheduled each day and week.
Ensure that you are very clear, during an interview and when you make a job offer, as to what the work
schedule will be. If you must make scheduling changes due to business needs, do everything you can to
accommodate Employees. If, however, schedules need to change based on real business reasons and
Employees cannot work the new shift, you may discharge them based on the fact they cannot meet the
new scheduling needs.

Timekeeping Tips
Timekeeping is a critical element of sound payroll practices that is commonly mishandled by employers,
leading to potential liability. Employers who do not maintain complete and accurate records of the
hours worked by their employees are unlikely to pay their employees properly, and can encounter
great difficulty in defending themselves against claims filed by their employees.
In order to minimize their risk of liability and put themselves in the best position possible to defend
against claims, employers should implement the following timekeeping practices:
 Record starting and stopping times, not just total hours of work- Non-exempt employees should
record the times at which they begin work, begin any meal period(s), end their meal period(s),
and conclude work for the day. Many employers expose themselves to liability by maintaining
records which reflect only total hours worked each day, or by failing to maintain records that
reflect the times at which meal periods began and ended. Records which reflect the exact same
starting and ending times each day are often greeted with skepticism, since employees rarely, if
ever, begin and end at precisely the same times each day.
 Insist that employees record their own time- In order to preclude employees from arguing that a
manager has recorded their hours of work incorrectly, employers should insist that employees
record their own hours of work each day.
 Insist that employees record their time on a daily basis- In some instances employees may
become lazy and be tempted to record all of their work hours for a particular week or pay period
on the last day. Employees generally are unable to remember the precise times at which they
began and ended work each day throughout an entire payroll period. In order to maximize the
accuracy of their records, employers should insist that employees record their work hours on a
daily basis.
Timekeeping is a critical step in the payroll process that is often neglected by employers. By following
the basic policies outlined above, employers can minimize their risk of liability for inadequate
timekeeping.
Waiting Time or On Call Payment Requirements
Calculating the hours worked by non-exempt employees is generally a straightforward task, but
complications may arise when employees spend time waiting for work or in "on call" status. Time
devoted to these activities can constitute work time in some circumstances and should be counted as
hours worked.

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Waiting time
In some industries workflow may fluctuate substantially throughout the day, leaving employees with
little or nothing to do at certain times and overwhelmed with work at others. During the slow periods of
the day, employees may be idle while they wait for work flow to increase again.
In general, employers are required to pay non-exempt employees for all time during which the
employee is on duty. If the employee is off duty, periods during which he is completely relieved of any
obligation to the employer do not constitute hours worked if
a) they are long enough to enable the employee to use the time effectively for personal purposes,
and
b) the employee is told in advance that he can leave the work site and will not have to return until
a specified time.
Waiting time is likely to be considered hours worked when it is unpredictable and of short duration,
such that the employee cannot effectively use the time for his or her own purposes. Examples of
waiting time that would constitute hours worked include time spent by a courier waiting for an
assignment, time spent by a fireman waiting for a call or an alarm, or time spent by an office worker
waiting to resume work after an IT technician fixes his or her computer. In these situations, waiting is
treated as an integral part of the employee’s job and therefore constitutes time worked.
“On call” time
Closely related to waiting time is the concept of “on call” status. The nature of some jobs requires
employees to be “on call,” ready to respond to business or customer needs whenever they may arise.
Some employees carry pagers or cellular telephones, for example, so that their supervisors can contact
them and direct them to respond quickly to emergencies. This common scenario creates issues similar
to those that arise with waiting time.
Time spent “on call” by non-exempt employees represents time worked, and is compensable, if the
employee is
a) required to remain on the employer’s premises, or
b) required to remain so close to the workplace that the employee cannot effectively use the time
for personal purposes.
Time spent “on call” by employees who are required to be available to answer questions by phone, but
are otherwise able to do as they please is unlikely to be regarded as time worked.
When a non-exempt employee is actually required to perform work while on call, special rules governing
the calculation of hours worked may apply. If the employee was not otherwise regularly scheduled to
work on the day in question, the employer’s payment obligation varies depending on the number of
hours worked:
 If the employee works more than half of his or her usually-scheduled day of work, the employer
must pay the employee for all hours worked.
 If the employee works less than half of his or her usually-scheduled day of work, the employee is
entitled to be paid half of the wages earned on a usual day, provided that the amount paid shall
be equivalent to no less than two hours of pay and no more than four hours of pay. A full-time
employee required to work for three hours while on call is thus entitled to payment for four
hours.
 If an employee is required to report to work for the second time in a single day (regardless of
whether the employee was regularly scheduled to work on that day or not) and works less than
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