Category Archives: classifying employees

Test Your Knowledge March 2, 2017

human resource, HR, employment law

QUESTIONS

  1. The employer bears the burden of establishing that an employee’s attendance is an essential function of his/her position.
  2. Employers can be expected to consider allowing an assistive animal to be brought into the workplace as a reasonable accommodation to a disabled employee.
  3. All California employers must take “reasonable steps” to ensure a harassment free workplace. Providing harassment prevention training to all employees – not only supervisors – is one of the reasonable steps all employers should take to meet this duty.

ANSWERS

  1. True
  2. True
  3. True

SHRM provider, SHRM program, SHRM certification, HR certification, HR, human resource

Test Your Knowledge February 2, 2017

human resource, HR, employment law

QUESTIONS

  1. California employers must not record an employment applicant’s interview without the express consent of the applicant, regardless of whether the interview is conducted in person, online, or via telephone or video.
  2. While employers are required to itemize “wages earned” on employee pay stubs, the monetary value of accrued paid vacation time is not required to be included unless and until accrued vacation time is paid out upon termination of the employment relationship.
  3. A range of motion test that measures motor function and muscle strength is not considered a medical test.

ANSWERS

  1. True
  2. True
  3. False

SHRM provider, SHRM program, SHRM certification, HR certification, HR, human resource

New Form I-9 Teleconference

You’re Invited! NEW FORM I-9 Teleconference Follow-Up to January 12 Program

U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder teleconference on Tuesday, January 31, 2017 from 11:00 a.m. to 12:30 p.m. to discuss the Revised Form I-9, Employment Eligibility Verification. During the session, representatives from USCIS will review the enhancements included in the revised Form I-9, discuss employment eligibility verification best practices, and answer questions about each section of the form.

Effective January 22, 2017, employers must use the revised Form I-9 to verify the identity and work eligibility of every new employee hired after November 6, 1986. For more information visit I-9 Central.

To Register:

  1. Visit Registration page;
  2. Enter your email address and select “Submit”;
  3. Select “Subscriber Preferences”;
  4. Select the “Event Registration” tab;
  5. Provide your full name and organization, if any; and
  6. Complete the questions and select “Submit.”

Once we process your registration, you will receive a confirmation email with additional details.

If you have any questions or have not received a confirmation email within two business days, please email USCIS-IGAOutreach@uscis.dhs.gov.

Note to Media Organizations: This engagement is not for press purposes. Please contact the USCIS Press Office at 202-272-1200 for any media inquiries.

 

Test Your Knowledge January 25, 2017

human resource, HR, employment law

QUESTIONS

  1. True or False: Asking a job applicant how he/she acquired the ability to speak, read or write a foreign language could lead to a discrimination claim against an employer.
  2. True or False: An employer can withdraw an offer of employment after receiving the results of a medical examination if the results demonstrate that the applicant’s employment would endanger health or safety in the workplace without considering possible accommodation to the applicant and whether such accommodation could eradicate the danger to health or safety.
  3. True or False: California employers can prohibit marijuana use in the workplace despite the passing of California’s Proposition 64 which legalized the recreational use of marijuana by adults 21 and older.

ANSWERS

  1. True;
  2. False;
  3. True

SHRM provider, SHRM program, SHRM certification, HR certification, HR, human resource

Test Your Knowledge January 11, 2017

human resource, HR, employment law

QUESTIONS

  1. True or False: The “good faith personnel action” defense can successfully bar the claim of an employee seeking compensation for physical symptoms (e.g., migraine headaches, intestinal problems) directly connected to a work-related stress injury claim asserting psychological injury if the alleged injury was suffered as a result of a good faith personnel action.
  2. True or False: For purposes of determining the correct amount of overtime pay due, a cash payment provided to an employee in lieu of health benefits must be included in calculating the employee’s regular rate of pay.
  3. True or False: Payment of a shift differential (higher rate of pay) to employees who work an undesirable schedule (e.g. “graveyard” shift) is required by law.

ANSWERS

  1. True;
  2. True;
  3. False

SHRM provider, SHRM program, SHRM certification, HR certification, HR, human resource

New Form I-9

NEW FORM I-9: Employment Eligibility Verification Requirements Effective 1-22-17

HOW TO USE THE NEW FORM AND WHAT IS REQUIRED

new form I-9, human resources, HR, SHRM credits
January 12, 2017
Luncheon and Presentation – Noon to 1:30 p.m.
(Check-In and Networking – 11:30 a.m. to Noon)

Carmen Jacobsen, Special Agent
Immigration and Customs Enforcement (ICE) 
Homeland Security Investigations (HSI)
U.S. Department of Homeland Security
with Madeline Kristoff, Community Relations Officer
United States Citizenship and Immigration Services

What’s New:
Beginning on 1-22-17, employers must use a new Form I-9 for Employment Eligibility Verification. The new form has been issued by the United States Citizenship and Immigration Services (USCIS). Attend this presentation and learn about the new form, new prompts to ensure correct entry of information and the new specific instructions required for each field section.

Why Someone from Your Business Should Attend:
• Criminal and civil penalties can be imposed against those who knowingly hire or continue to employ individuals who are not authorized to work.
• All employers are required to verify each new hire’s employment eligibility by completing a Form I-9 within three business days of the employee’s first day of employment.
• Complete compliance with Form I-9 requirements is an essential business practice. Errors in completing Form I-9s can be very costly and employers are advised to ensure absolute compliance.

Where: Bernardo Heights Country Club – 16066 Bernardo Heights Pkwy., San Diego

Cost (includes lunch): $55/person (LMRC Ambassadors receive a $10 discount off of these prices)

Register: http://checkout.lmrcenter.com/products/event-registration-jan-12.

Please feel free to pass this invitation along to others who may be interested in attending!

SHRM Credits: The Law and Management Resource Center is recognized by the Society for Human Resource Management (SHRM) as a Recertification Provider for Professional Development Credits (PDCs) for the SHRM-CPSM and SHRM-SCPSM credentials, you can receive required SHRM credits and maintain your credentials by this and our other Human Resource programs.

shrm credits, hr program, human resource program, shrm course, shrm program

Test Your Knowledge! New FLSA Exempt Salary Requirments

dollar-1294424_1280

QUESTIONS

  1. Effective ________, 2016, California employers must follow the new federal overtime rule for the so-called “________ collar” exemptions.
  2. Under the new requirements, an individual classified as a full-time exempt ________, ________, or administrative employee must be compensated at least $________ per week, which equates to $________ annually.
  3. The impact of the new federal requirements over state law will dwindle for California employers as the state minimum wage continues to increase per California legislation passed in April 2016 to $________ per hour on January 1, ________ for employers of more than ________ employees and on January 1, ________ for employers of ________ or fewer employees.

ANSWERS

  1. December 1; white;
  2. executive; professional; $913; $47,476
  3. $15; 2022; 25; 2023; 25