The question is not who is GINA, but what is GINA? GINA stands for the Genetic Information Nondiscrimination Act.
The IRS, the Employee Benefits Security Administration (EBSA), and the Department of Health and Human Services (HHS) have issued temporary, final and proposed regulations implementing Title I of the Genetic Information Nondiscrimination Act of 2008 (GINA) (P.L. 110-233). The regulations are effective on December 7, 2009 for group health plan years beginning on or after that date.
Under GINA and the new interim final regulations, group health plans and issuers in the group market cannot increase premiums for the group based on the results of one enrollee’s genetic information, deny enrollment, impose pre-existing condition exclusions, or do other forms of underwriting based on genetic information.
Further, under GINA and the new regulations, group health plans and health insurance issuers in both the group and individual markets cannot request, require or buy genetic information for underwriting purposes or prior to and in connection with enrollment. In addition, plans and issuers are generally prohibited from asking individuals or family members to undergo a genetic test.
Revised EEOC Posting On October 22, 2009, the Equal Employment Opportunity Commission (EEOC) posted on its website a revised “Equal Employment Opportunity is the Law” poster that reflects current federal employment discrimination law. The revised poster includes: Americans with Disabilities Act Amendments Act of 2008 (effective on January 1, 2009) Genetic Information Nondiscrimination Act of 2008 (effective November 21, 2009) Updates from the Department of Labor The updated EEOC poster is available in English, Arabic, Chinese and Spanish and can be downloaded from the EEOC’s website.
As an employer you have choices: You can download a copy of the EEOC poster and place it next to your 2009 poster or Order a new 2010 laminated Labor Law poster with all required and updated compliance notices automatically included from CEA.
To order the updated 2010 Labor Law poster at a reduced rate of $29.95, for the month of November only, click here or download and fax order form click here to download order form.
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.
Cell 916-281-5898
Email sdear@employers.org
Website: http://www.employers.org/
Learn more, view my short video California Employers Association Story CLICK HERE
Many companies have found a powerful retention tool that enables them to avoid layoffs and hang on to trained employees. They’re setting up work-sharing programs. These work sharing or job share programs soften the blow of full layoffs by allowing employers to reduce hours for full time employees who then may collect prorated unemployment benefits for the lost hours.
Unlike the usual requirements for receiving jobless benefits, employees in the work-sharing unemployment insurance programs are not required to demonstrate that they’re seeking work and are available for it, but they are required to be available for their normal workweek.
To make this happen, a participating employer has to submit a plan to state officials. The employer must also get approval from any unions involved. Employers may institute job sharing/work sharing in a specific department or mandate it company-wide.
HOW DOES IT WORK?
For example: Due to an economic downturn, an employer with 100 employees finds it necessary to lay off 20 employees. Rather than lay off these employees, the employer can participate in the Work Sharing program. The employer keeps all 100 employees on the payroll but reduces their workweek from five days to four days, thereby achieving the same desired 20 percent reduction in payroll. All 100 employees continue to earn wages for four days and also are eligible for Work Sharing benefits for the fifth (nonworking) day.
WHAT ARE THE ELIGIBILITY REQUIREMENTS?
Any employer who has a reduction in production, services, or other conditions that cause the employer to
seek an alternative to layoffs may participate in the WS program. Some of the specific requirements are:
• A minimum of two employees, comprising at least 10 percent of the employer’s regular workforce or a unit of the workforce must be affected by a reduction in wages and hours worked.
• The reduction in wages and hours worked also must be at least 10 percent.
HOW DOES AN EMPLOYER PARTICIPATE?
For more on the CA Program http://www.edd.cahwnet.gov/...
:
CEA asked EDD:
As an employer, I understand that your Work Sharing UI program was designed for non exempt employees. However, due to the recent August 19th DLSE opinion letter which now allows exempt employees salaries to be reduced, I am wondering if exempt employees can also take advantage of this program? If so, do we need to convert their reduced salary into an hourly rate?
EDD reply:
You are inquiring how to file an unemployment insurance claim when you have been furloughed. A furlough is time off without pay. The time may be one day or several weeks. There are two requirements for filing a new claim that apply to all claimants:
1. The claimant must be "unemployed" within the meaning of the Unemployment Insurance Code Section 1252 or 1279.
2. The claimant must contact the Department to file a claim and provide the information required under Title 22, Section 1326.
An individual is unemployed in any week in which he or she meets any of the following conditions:
1. Any week during which he or she performs no services and with respect to which no wages are payable to him or her.
2. Any week of less than full-time work, if the wages payable to him or her with respect to the week, when reduced by twenty-five dollars ($25) or 25 percent of the wages payable, whichever is greater, do not equal or exceed his or her weekly benefit amount.
3. Any week for which, except for the requirements of (serving a waiting period prior to first payment), he or she would be eligible for benefits (reduced on a daily basis for disability).
4. Any week during which he or she performs full-time work for five days as a juror, or as a witness under subpoena. In many instances a person may exceed their weekly benefit award during the furlough week by the wages earned. If, however, a person does not work one or more weeks or earns less than the weekly award, then a person may qualify for partial or full benefits. The first eligible week of any claim is the mandatory, Waiting Period week.
If you wish to participate in the Work Share program, you must apply to EDD to participate. The Work Share phone number is (916) 464-3343. Form DE8686 Work Sharing Unemployment Insurance Plan Application must be completed and submitted for approval. If approved, the work share plan is effective for a six month period. Subsequent plans may be approved to begin immediately following the expiration of a previous approved plan.
The Work Share program is considered a temporary alternative to layoffs. It allows for the payment of unemployment benefits to participating employees whose wages and hours have been reduced. The program helps employers and employees avoid some of the burdens that accompany layoffs.
Our attorney’s comment:
I believe it would be available to some exempt employees; however, they would have to be at the very bottom of the pay scale to qualify for the exemption. The weekly UI rate is $450 per week. Most exempt employees, if they were furloughed 1 day per week would still earn more money than is allowed under the program described in the email from the EDD.
Nevertheless, the employer is allowed to submit it’s proposed work share program to the EDD, and the EDD will make the final determination as to whether or not the particular employees qualify for benefits.
posted: http://caemployers.blogspot...l
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.
Cell 916-281-5898
Email sdear@employers.org
Website: www.employers.org
Blog: www.caemployers.blogspot.com
Kim Parker, Exe Dir. California Employers Association
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With the holiday season upon us, companies should be aware of the increasing number of lawsuits alleging incidents of sexual harassment at holiday office parties.
Employees who are the victims of unwanted advances or other harassing behavior at a company’s holiday party may sue for sexual harassment because holiday parties are an extension of the workplace. Inappropriate behavior or offensive statements by co-workers or supervisors could form the basis of a complaint. “Employees are generally less careful when it comes to their conduct at office social events compared to during regular working hours, particularly when alcohol is involved. As such, holiday parties can be a breeding ground for sexual harassment claims,” says Rait, an employment law specialist at the Budd Larner law firm in Short Hills, NJ.
A single outrageous act can itself constitute actionable sexual harassment. Examples of inappropriate behavior at office parties may include:
- An intoxicated employee telling a female co-worker that he admires her body;
- Employees pressing their bodies up against co-workers and touching co-workers;
- Supervisors asking subordinates to dance and then making romantic propositions;
- Risqué “gag gifts”
“Companies should approach the issue from a preventive viewpoint,” Rait advised. “After all, any ‘official’ party environment is really an extension of the office. As such, employers have a legal duty to prevent harassment at holiday parties, just like they have a legal duty to prevent harassment in the office.” This means the company must show that it tried to deter potential harassers from engaging in such conduct in the first place.
A lawsuit-free office party: As the holiday season approaches, companies can take steps to avoid sexual harassment claims. Re-publish the company’s harassment policy before holiday parties take place. Remind employees that holiday festivities do not offer an excuse for violating policy. If your company does not have a written policy, this would be a good time to implement one. Policy elements include:
- Statement of the employer’s commitment to a workplace free of unlawful harassment;
- Definition of the types of conduct that constitute harassment;
- Procedure for making complaints to designated persons within the organization;
- Procedure for investigating complaints of alleged harassment;
- Statement that a complainant will not be subjected to retaliation;
- Statement that anyone found guilty of harassment after investigation will be subject to
- discipline, which may include discharge where appropriate.
Dress Code: Re-publish the company’s dress code and/or code of conduct policy. Reported cases are replete with instances where the supposed victim of the harassment dressed provocatively or engaged in unprofessional behavior at an office holiday party. Unfortunately, the victim’s conduct in this regard may encourage other employees to act unprofessionally, leading to sexually harassing incidents.
Supervisors/Managers: Train managers about expected behavior guidelines and handling complaints. California laws hold employers automatically liable when supervisors engage in sexual harassment of subordinates. Supervisors should be reminded before a holiday party to set a professional example during the party. Supervisors should also be told not to invite co-workers out after the holiday party for small get-togethers at houses or local bars, since such “after parties” are frequently the occasion for harassing incidents.
Alcohol Consumption: Keep an eye on alcohol consumption. Even though the law only prohibits “unwelcome” sexual advances, people often alter their view of welcomeness when the alcohol wears off. Consider limiting alcohol consumption, implementing procedures for policing consumption, serving plenty of food, and cutting off alcohol service at some point during the party. Also, have a “dial-a-ride” or designated driver program.
Taking these steps can set a professional tone to the holiday party and help prevent harassing incidents. Preventive measures cannot, of course, preclude all claims of sexual harassment. They may, however, deter lawsuits and insulate a company from liability.
Give your regional director a call if you would like CEA to review your current policies and procedures surrounding
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.
Cell 916-281-5898
Email sdear@employers.org.
Website: www.employers.org.
It’s that time of year again – time to order your 2009 Federal/State All-in-One Labor Law Poster.
2009 Federal Poster Changes
- Family Medical Leave Act (FMLA) Final Version - Revised 11/2008
- Uniformed Service Employment and Reemployment Rights Act (USERRA) – Revised 11/2008
- Equal Employment Opportunity (EEO) Notice – Revised 8/2008
2009 State Poster Change
- Employment Development Department (EDD Notice) – Revised 4/2008
Pamphlets Changes for 2009
- State Disability Insurance (SDI) Provisions Pamphlet– must be distributed to all new hires within five days of hire. Click here for free download:http://www.edd.ca.gov/pdf_p...
- Paid Family Leave (PFL)Insurance Pamphlet – must be distributed to all new employees within five days of hire. Click here for free download:http://www.edd.ca.gov/Disab...
- Workers’ Compensation –must be given to all new employee’s within five days of hire. Click here for free downloads: http://www.cwci.org/store.h...
- Unemployment Insurance (UI) – must be distributed to all employees who are discharged, laid off or placed on a leave of absence upon effective date. Click here for free downloads:http://www.edd.ca.gov/Unemp...
Other Languages
- If your workforce contains 10% or more of persons who speak a language other than English as their primary language, you must translate the posters/notices for those employees.
Now don't forget, all new CEA Members Receive an All-in-One State/Fed labor law poster and Employee handbook CD upon joining, a combined value of $150.00.
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.
Cell 916-281-5898
Email sdear@employers.org
Website: http://www.employers.org/
Thirty-three percent of workers have played hooky from the office, calling in sick when they were well at least once this year, according to CareerBuilder.com's annual survey on absenteeism. The nationwide survey included more than 6,800 workers and 3,300 employers.
Nearly one-in-ten workers (9%) who played hooky admitted to calling in sick because they wanted to miss a meeting, buy some time to work on a project that was already due or avoid the wrath of a boss or colleague. Others missed work because they just needed to relax and recharge (30%), go to a doctor's appointment (27%), catch up on sleep (22%), run personal errands (14%), catch up on housework (11%) or spend time with family and friends (11%). 34 percent just didn't feel like going to work that day.
While the majority of employers said they typically don't question the reason for the absence, 31 percent reported they have checked up on an employee who called in sick. Of the employers who checked up on an employee who called in sick, 71 percent said they required the employee to show them a doctor's note.
When asked to share the most unusual excuses employees gave for missing work, employers offered the following real-life examples:
- Employee didn't want to lose the parking space in front of his house.
- Employee hit a turkey while riding a bike.
- Employee said he had a heart attack early that morning, but that he was "all better now."
- Employee donated too much blood.
- Employee's dog was stressed out after a family reunion.
- Employee was kicked by a deer.
- Employee contracted mono after kissing a mailroom intern at the company holiday party and suggested the company post some sort of notice to warn others who may have kissed him.
- Employee swallowed too much mouthwash.
- Employee's wife burned all his clothes and he had nothing to wear to work.
- Employee's toe was injured when a soda can fell out of the refrigerator.
- Employee was up all night because the police were investigating the death of someone discovered behind her house.
- Employee's psychic told her to stay home.
More companies today are moving toward a Paid Time Off (PTO) system, giving employees more flexibility in how they categorize time away from the office. Employers are also expanding the definition of the sick day with 65 percent stating that they allow their team members to use sick days for mental health days. If you need assistance cThirty-three percent of workers have played hooky from the office, calling in sick when they were well at least once this year, according to CareerBuilder.com's annual survey on absenteeism. The nationwide survey included more than 6,800 workers and 3,300 employers.
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.
Cell 916-281-5898
Email sdear@employers.org.
Website: http://www.employers.org/.
Blog: caemployers
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