On April 25, 2012 the EEOC published enforcement guidance explaining, among other things, that an employer policy or practice that automatically excludes every candidate with a criminal record from employment without consideration as to the job-relatedness and business necessity violates Title VII of the Civil Rights Act of 1964, as amended.

The EEOC’s reasoning is that such broad, all-inclusive policies have been found to have a disparate impact on minorities.

Going forward

The EEOC believes employers making hiring decisions on applicants with criminal records will consistently meet the “job related and consistent with business necessity” defense by considering three “green” factors:

• The nature and gravity of the offense or conduct
• The time that has passed since the offense or conduct and/or completion of the sentence, and
• The nature of the specific position.

The guidance goes on to state that while Title VII does “not necessarily” require individualized assessment in all circumstances…

“the use of individualized assessments can help employers avoid Title VII liability by allowing them to consider more complete information on individual applicants or employees, as part of a policy that is job related and consistent with business necessity.”

An individual assessment of applicants with criminal records should consider:

• The facts or circumstances surrounding the offense or conduct
• The number of offenses for which the individual was convicted
• Age at the time of conviction, or release from prison
• Evidence that the individual performed the same type of work, post-conviction, with the same or a different employer, with no known incidents of criminal conduct
• The length and consistency of employment history before and after the offense or conduct
• Rehabilitation efforts (such as education or training)
• Employment or character references and any other information regarding fitness for the particular position, and
• Whether the individual is bonded under a federal, state, or local bonding program.

Best practices

The agency has provided a list of “best practices” for employers who are considering criminal record information when making employment decisions:

• Eliminate policies or practices that broadly exclude people from employment based on any criminal record.
• Train managers, hiring officials, and decision makers about the federal prohibition on employment discrimination.
• Develop a narrowly tailored written policy and procedure for screening applicants and employees for criminal conduct.
• Identify essential job requirements and the actual circumstances under which the jobs are performed.
• Determine the specific offenses that may demonstrate unfitness for performing such jobs.
• Identify the criminal offenses based on all available evidence.
• Determine the duration of exclusions for criminal conduct based on all available evidence.
• Include an individualized assessment.
• Record the justification for the policy and procedures.
• Note and keep a record of consultations and research considered in crafting the policy and procedures.
• Train managers, hiring officials, and decision makers on how to implement the policy and procedures consistent with the law.
• When asking questions about criminal records, limit inquiries to records for which exclusion would be job related for the position in question and consistent with business necessity.
• Keep information about applicants’ and employees’ criminal records confidential. Only use it for the purpose for which it was intended.

And if the applicant doesn’t cooperate with your request for information?   The guidance states:

“If the individual does not respond to the employer’s attempt to gather additional information about his background, the employer may make its employment decision without the information.”

One point to note:  These new regulations do not address credit checks, which Oregon, California and other states have, directly.

This is a lot of information to absorb and the information provided here is an overview.  You can read more about the new guidance by following the links below.

The EEOC has posted a Q & A on its website, here.

The EEOC Enforcement Guidance can be reviewed on their website:

http://www.eeoc.gov/laws/guidance/arrest_conviction.cfm

A 52 page PDF version of the EEOC Enforcement Guidance is also available:

http://www.eeoc.gov/laws/guidance/upload/arrest_conviction.pdf

My advice:  Don’t guess with regulations.  If you have any questions about how your employment policies, application and employment screening processes may be impacted this new enforcement guidance, call or email me.

Employees want (and need) the answers to five questions:

What is expected of me?  Tell your employees your business vision and goals, how their job fits and how they can actively participate in making their workplace successful.  A purpose-driven employee is a powerful force in any organization.

How am I doing?  Employees want and need regular feedback, and the lack of it is one of the biggest reasons people find other jobs.  Oftentimes, employees only hear from their boss when they make a mistake.

When an employee does something that shows talent, initiative, problem solving, or success with a project or task, let them know.  Performance and behaviors that are recognized and reinforced tend to be repeated.  It is also important for managers to confront problems promptly and provide the employee honest but respectful coaching.

Where do I stand?  Formally, and at least once a year, employees want you to sum-up their performance.  This is your opportunity to discuss with each employee their accomplishments, opportunities for growth and improvement, and professional career development.  If they have some challenges during the year you can review the progress they made and remind them of the points described in # 1 above.  And remember:  Don’t save performance and behavior problems until the annual review meeting.

How can I improve?  Even your best employees want to know how they can do better.  If you see a performance opportunity or a performance gap, work with the employee to develop an action plan.  Even one small change can have a positive impact on an employee’s overall performance.

How can I grow and stay challenged?  Employees can become bored over time, and without the opportunity to learn and grow they may lose their “spark” and focus.  Consider re-recruiting employees from time to time.  Regain the excitement you and they had on their first day of work by reminding them why you hired them over other candidates, and reviewing the qualities you saw in them that are important to your organization.  Then together you can outline a development plan and targeted growth strategies for these “new hires.”

Highly interactive and consistent communication is what makes a workplace truly work, and is one of the key features in employee retention.

Answering these five questions for employees is just one part of a solid retention strategy.  Effective leaders who take a personal interest in their employees’ growth and development and involve them in many of the decisions impacting them are well on the way to creating a high performance/ high involvement workplace.  This leads to high quality results and a workplace where employees want to be.

In the next few articles we will discuss each of these five questions in more detail and provide results-focused tips and techniques that are easy to understand and apply, and really do work.

HR Update is committed to exploring every aspect of the employment relationship and providing insightful discussions and tips to help employers not only increase the return on investment (ROI) you have made in your employees, but help you reduce the return on effort (ROE) it takes you to do it.

 Workforce Excellence… Simplified

The Rogue Valley chapter of the Society for Human Resource Management (SHRM) is hosting their annual all day Legal Seminar in Medford, which brings in employment law experts from across the state for a full day of training.

The seminar is open to both SHRM members and non-members.  Register now so you don’t miss out on this tremendous, professional opportunity right here in Medford!

This year’s topics include:

• Employment Law Legislative Update
• Avoiding Wrongful Discharge Claims through Appropriate Evaluation, Discipline, Documentation, and Careful Termination
• Interaction between OFLA, FMLA and ADA and WC
• Wage and Hour Exempt / Non-Exempt Classifications

Be sure to join us for this full-day seminar at the Smullin Center auditorium on Thursday, May 17^th from 8:00 am – 5:00 pm.  Lunch is included.

Pre-registration is required and seating is limited.

The seminar is approved for 7.25 HRCI General Credits.

Click here for more information and how to register.  You can also visit the SHRM Rogue Valley website at www.roguevalleyhr.org

Living Opportunities, Inc. is a Rogue Valley not-for-profit service agency providing residential and vocational support to people with cognitive disabilities.  Our vocational program is designed to fulfill labor needs for employers while providing meaningful employment for the individuals Living Opportunities represents. Serving our community since 1974, we have gained national and state recognition as a model program.

Employment services include:

• JOB ANALYSIS – Resulting in a comprehensive position description that clearly describes job duties and skills along with the employer’s quality and production criteria.  We will also work with you to identify tasks that are currently in the job description of another employee that might become a new job for a Living Opportunities individual in order to free up existing staff to focus on their primary job duties.
• APPLICANT SCREENING – Each individual that enters into Living Opportunities employment services experiences 5-6 different employment opportunities to determine their skills, interests, and talents.  This allows us to match your company with a qualified, motivated, reliable individual who will enjoy being a productive member of your team. We ensure there is a good match for employer and employee.
• ON THE JOB TRAINING – A qualified job trainer will first learn the job duties, and then provide the initial training until the new employee meets the employer’s standards.  At that time, the trainer will apprise the employee’s supervisor and co-workers of strategies for providing support.
• SYSTEMATIC EVALUATION – We will assure that the employee’s job performance is maintained to meet your standards.
• ONGOING TRAINING & FOLLOW-UP – Continuous training and follow-up by Living Opportunities staff is included. At the employer’s request, we can expand job duties and/or skill refinement.  Again, a Living Opps job trainer will be integral to this process for both employee and employer.

We provide a WIN-WIN partnership
for your company!

Many employers either don’t know about us, the programs we offer or that people with developmental disabilities can be great employees.  We offer customized employment (we “carve” jobs to fit the needs of the employer and find the right match for their needs and provide training free of charge), as well as both janitorial and landscaping crews to help local businesses maintain a professional image.

Here are a few organizations that are benefitting right now

 Valley Immediate Care

Valley Immediate Care, a partner with Living Opportunities since 2008, employs two individuals that we serve. Tara works inthe administrative office scanning and filing documents, mailing of statements and assisting with other administrative tasks.  Julie provides the centralized laundry service for the clinics, helps with mailings and assists with other office duties.  The Executive Director Brent Kell says, “Working with Living Opportunities has been awesome and a huge benefit and asset for our staff and organization.”

Walgreen’s

Jacob is a service clerk for Walgreen’s working on freight day to put inventory on the shelves and verifying inventory numbers as the items are arranged. He also provides customer service while on the floor. Jacob has been at Walgreen’s since 2008 and the store manager says he has had a wonderful effect on the team culture in his store.  Jacob is efficient and performs his job duties with a higher level of accuracy than some others on the team.

The City of Medford

Eric has worked at City Hall since 2006 as their mail clerk. He is responsible for the complex job of sorting, metering and delivering mail.  He works five days a week for about 4 hours per day.  Eric’s supervisor says that he is a wonderful asset to City Hall where he has become a valued member of the team.  He loves his work and always has a smile.  In fact, he made Valentine’s cookies for staff members and wrote them each a personal thank-you note for allowing him to work with them.

For more information on how your organization can benefit from a partnership with Living Opportunities contact us today.

Visit http://www.livingopps.org/

Phone (541)772-1503

 Follow us on Twitter: twitter.com/LivingOpps
Like us on Facebook: facebook.com/livingopportunities

See us on YouTube: youtube.com/LivingOpps

This time, on April 13^th the District Court of South Carolina struck down the Poster Rule, stating that the Poster Rule was unenforceable because the NLRB lacked the authority to require employers to post the NLRB notice absent a congressional mandate.

Then, on April 17^th the D.C. Circuit Court of Appeals issued an emergency injunction that blocked the NLRB from enforcing the poster mandate until the court can hear a legal challenge brought by a group of business organizations. The timing of a hearing and decision is pending.

The NLRB rule seeks to require most U.S. businesses to hang a new 11″ x 17″ workplace notice advising employees of their rights to organize into unions.  Many have called the posters biased and heavily slanted toward unions.

The NLRB Poster Rule’s original effective dates of November 14, 2011 and January 31, 2012 were also delayed.  A press release posted on the NLRB website discusses the recent delay.

It appears that the earliest date that employers will have to comply with the Poster Rule is sometime in September 2012.

Any additional changes to the NLRB requirement will be posted here and will also be sent to all HR UPDATE subscribers.

Form 300A reports the employer’s total number of deaths, missed workdays, job transfers or restrictions, and injuries and illnesses as recorded on Form 300 (the Log of Work-Related Injuries and Illnesses).  Form 300 must be maintained by the employer throughout the year.

Form 300A is one of three OSHA forms required as part of the agency’s recordkeeping rule that took effect in January 2002.  Learn more about the rule’s requirements and whether you must comply, below.

General Recordkeeping Requirements

Most employers with 11 or more employees must maintain a log and summary of all recordable work-related injuries and illnesses.  The regulations provide two forms for recording this information, OSHA Forms 300 (the Log of Work-Related Injuries and Illnesses) and 300A (the Summary of Work-Related Injuries and Illnesses).

In addition, you must maintain a supplementary record for each recordable injury or illness on Oregon Form 801 (Injury and Illness Incident Report - Oregon’s version of Federal OSHA Form 301).  Form 300, 300A, and Form 801 or 301 should be maintained on a calendar year basis.

Exempted employers may still be selected by the Labor Department’s Bureau of Labor Statistics to participate in an annual statistical survey.  A list of partially exempt employers is provided by OSHA http://www.osha.gov/recordkeeping/ppt1/RK1exempttable.html

What Form 300A Reports

Form 300A summarizes the total numbers of job-related injuries and illnesses that occurred in 2003 and were logged on the OSHA Form 300.  Employment information about annual average number of employees and total hours worked during the calendar year is also required to assist in calculating incidence rates.  Companies with no recordable injuries or illnesses must post the form with zeros on the total line.

Specifically, Form 300A requires that you calculate the total number of work related deaths, cases with days away from work, cases with job transfers or restrictions, and any other recordable cases.  In addition, you must identify the total number of days of job restrictions or transfers and days away from work.  Finally, you must report what types of injuries and illnesses you experienced, including the total number of injuries, skin disorders, respiratory conditions, poisonings, and all other illnesses.

Where to Post Form 300A

The Form is to be displayed in a common area wherever notices to employees are usually posted.  Employers must make a copy of the summary available to employees who move from worksite to worksite, such as construction workers, and employees who do not report to any fixed establishment on a regular basis.  You also must ensure that the posted annual summary is not altered, defaced or covered by other material.

In addition, an executive must certify that the OSHA 300 Log has been examined and that the annual summary is believed to be correct and complete.  The certifying executive can be either the owner or an officer of the organization, the highest ranking executive at the establishment, or the supervisor of that highest-ranking executive.

Where to Get the Forms

Click here to download the OSHA and OR-OSHA recordkeeping forms directly from the Agency websites.  Scroll down the page for the OSHA and OR-OSHA Forms.  Instructions for completing the forms is provided on the PDF version of the documents.

You can download OSHA’s Job Safety & Health:  It’s the Law poster at no charge from either our Federal or State Workplace Forms pages – see the navigation bars on this page for the links to those pages.  In addition, all employers must report verbally within eight hours to the nearest OR-OSHA office all accidents that result in any workplace fatality, the hospitalization of three or more employees, or overnight hospitalizations.

If you have any questions about OSHA or any other posting requirements please contact us.

Subscribe to HR Update to stay current on new or developing HR changes.

We will cover issues including:

●             HR Compliance: five things you must be doing now.

●             How to deal with those difficult workplace issues that arise.

●             The latest HR changes.

●             The life cycle of employment relationships.

●             How do I get employees to do what I need them to do?

HR Boot Camp is designed for managers and administrators who have HR responsibilities but haven’t had significant experience with HR issues.  You’ll leave this seminar with tools and tips you can use right away.  You can tap into some resources right now by visiting www.hhrconsulting.com

Register today as seating is limited and filling up fast.

Print and complete the attached registration form and mail it today!

OECJOCO – HR Bootcamp Flyer and Reg Form

First, if you do provide evaluations, make sure the reviews are fair and honest.  It can be just as bad to suffer from “performance inflation” as it is to have no evaluations at all.

Start here:  The best way to approach employee performance is to evaluate it all the time.  A five to ten minute – and periodically longer – discussion with an employee about your expections, what is working well and what could be improved can have huge returns.

And, it gives you something to talk about with your employee as a follow up.

A powerful change occurs when you approach employee performance this way; rather than reacting and responding to employee issues you are now actively managing the employment relationship.  This is a considerably more productive use of your and their time.

Employees WANT to know what they are doing well, and what they can do better.  If you don’t tell them they have to guess what you want and expect of them. And if they guess wrong you now have to spend your time dealing with a performance issue that could have been avoided.

A common comeback from managers and supervisors is “I don’t have time.” The short answer to this is “Yes you do.”

Why?  Because it’s your job.  Most of the time managers and supervisors need training on how to effectively communicate and interact with their employees, define the goals and expectations and formally evaluate their performance.

Performance reviews, both formal and informal, can be one of a supervisor’s most power management development tools.  Use it!

Also remember that an annual performance review meeting is not the best time to initially raise performance issues that have been on-going.  I have talked with supervisors who wanted to address previously unmentioned performance issues that occurred six months ago.   While you do need to address performance issues, there are better ways to deal with them than during an annual performance review meeting.

Job performance shouldn’t be a mystery or surprise employees hear about once a year.  The more you talk with your employees about their performance the better their performance will be, which helps morale, productivity, and keeps your employees focused and engaged.

One more thing:  most performance reviews are a literally a review of the past year’s performance.  You can learn from the past and recognize some employee wins and successes but you can’t change it, so don’t spend a lot of time on it.

Spend your time actively managing, or more accurately leading and interacting with your employees on a regular basis throughout the year, so when it’s time for the annual review you can spend most of your time together talking about the future – both the company’s and theirs, and how your employee can help you shape it.  That is time well spent!

In upcoming articles we will go deeper into the how-to’s of performance and leadership development, including what you should evaluate during a review.  If you would like to get started sooner, just call.

Three of the most important words in employment law are “document, document, and document.”  If you ever doubt this, talk to someone who has been through a lawsuit.

A supervisor who consistently documents and provides employee feedback on both positive and poor performance in a timely manner is more likely to be perceived as fair and consistent by their team, and respected.

By quickly addressing workplace performance or behavior challenges, the issue will either get resolved or the supervisor will be prepared for a follow-up discussion and/or making an employment decision, which may ultimately include termination of employment if the issue does not resolve.

If the time comes when it may be necessary to end the employment relationship, you must be prepared or you are putting your company at an avoidable risk.

Dealing with and documenting employee workplace issues, both good and bad, has a positive impact on workplace productivity and morale, and greatly increases the odds of success if faced with defending complaints of unfair employment practices, costly harassment, discrimination or wrongful discharge accusations and unemployment insurance claims.

In future posts we will discuss employee relations and performance management in more depth.  Sign up for a subscription to HR Update to stay current with the latest HR and management trends, and new articles.

Your written policy should be clear, fair, enforced, and distributed to all employees.  Train your employees how to follow it and report incidents, and your supervisors on how to respond to reported incidents and enforce it.

Having sound policies and procedures in place for employees to report incidents of harassment or discrimination, and investigating and taking action when a claim is reported is more critical than ever.

Communicating that you are serious about maintaining a harassment and discrimination free workplace sends a powerful message to your employees — more powerful than many employers realize.  Beyond the legal importance, it lets your employees know you care about them.

Beyond the mandated requirements, a good rule of thumb is:  if an act or activity impacts the employment relationship (which includes any changes in wages, hours, the job – including performance & behavior, promotion, demotion, etc, or working conditions) document it.  If you don’t, you greatly increase your liability without having written documentation and records.

Unless employees are exempt from the provisions of the Fair Labor Standards Act (FLSA) by definition, you must pay them 1.5 times their regular hourly wage for all work hours over 40 per week.   And be sure to check state laws for any additional overtime requirements.

Pre- and post- work time and breaks and meal periods can also impact overtime pay if improperly administered.

Misclassification of employees can bring serious penalties

Also, look closely at your Independent Contractors – they may actually be employees.  It is not unusual for a departing employee to question an “exempt” or contractor classification and demand several years of unpaid overtime and benefits.

Oregon employers are required by a number of state and federal agencies to display a variety of workplace notices and posters.  Typically, these notices must be posted in a conspicuous place, where employees may regularly view them.  Employers with more than one work location are generally required to display these posters at each worksite.

Certain posters must also be readily available for job applicants to view.  These include the federal Polygraph Protection Act Notice; the federal Family and Medical Leave Act poster; the OR-OSHA Job Safety and Health poster (“It’s the Law”); and the “Equal Employment Opportunity is THE LAW” poster.

Small Employers (Less than 25 employees)

Small Oregon employers need to provide the following postings:
1) Oregon State Minimum Wage poster – the 2012 minimum wage is $8.80 per hour.
2) Oregon OSHA poster
3) Federal Minimum Wage poster
4) EEOC “It’s The Law” poster
5) Federal Polygraph Protection Notice
6) Federal USERRA (military rights) poster

Large Oregon Employers (25 or more employees)

In addition to the postings listed above, large employers will need to post information regarding:
1) Oregon Family Leave Act
2) Federal Family and Medical Leave Act (50 or more employees)

Agricultural Employers

In addition to most of the postings listed for large employers, agricultural employers need to display the following additional notices:
1) Migrant & Seasonal Agricultural Worker Protection Act Poster
2) Field Sanitation Notice
3) “Protect yourself from pesticides” Poster
4) BOLI Notice to Agricultural Employees

As a service to Oregon employers, BOLI’s Technical Assistance for Employers program produces a number of composite posters designed to meet the specific needs of small employers, large employers as well as agricultural employers.  All of our composite posters are priced between $10 & $15, plus shipping and handling.  Previews and ordering information are available on their publications page.

Each poster is available in English and Spanish unless otherwise specified

The responsible agency is listed by each poster description.  You can contact the agency directly or visit their website to order hard copies of the posters, or follow the link below to obtain a free poster you can download and print right now.  There are also federal posting requirements for Oregon employers, so be sure to check our Federal Posters page.

Many of the posters are in Adobe Acrobat format, so you’ll need a reader to open them.  If you don’t have a reader you can get one from the Adobe website by clicking here.  Adobe Acrobat Reader is free.

Click the link below to visit the Posters page on the Oregon Bureau of Labor and Industries (BOLI) website:

http://www.boli.state.or.us/BOLI/TA/Req_Post.shtml

The information on the BOLI website also explains the State required Notices:

Workers’ Compensation Notice of Compliance

(regulated by Workers’ Compensation Division of DCBS)

This notice is required to be posted for all employers who are required to provide workers’ compensation coverage for their employees.

Employment Insurance Notice (Form 11)

(regulated by the Oregon Employment Department)

This notice is required to be posted for employers with at least a $1000 payroll in a calendar quarter and employers with one or more workers during 18 different weeks in a calendar year.

No Smoking Sign and Materials

The Smokefree Workplace Law became effective January 1, 2009.  Signs must be posted at the entrances of most Oregon employers to comply with the Oregon Smokefree Workplace Act.  The provisions of the new law and a list of exceptions is posted on the website.  Available in English and Spanish from Oregon Dept. of Health Services

Visit http://www.boli.state.or.us/BOLI/TA/Req_Post.shtml for more information on these and other posters required for Oregon employers.

WASHINGTON MINIUMUM WAGE POSTER

Effective January 1, 2012 the Washington minimum wage increased to $9.04 per hour.

As a way to simplify requirements for businesses and to save taxpayer money, the Washington State Department of Labor and Industries (L&I) will no longer publish a separate poster listing the new minimum wage each time the wage changes.

Employers are still required to post the “Your Rights as a Worker” poster, which provides information about the minimum wage and other topics.  This poster is available at no cost from L&I.

More information regarding Washington’s wage and hour laws is available at Wages.Lni.wa.gov. Employers and workers also may call 360-902-5316 or 1-866-219-7321.

CALIFORNIA POSTING REQUIREMENTS

Effective January 1, 2008 the California minimum wage is $8.00. The required minimum wage poster and additional information on other California posting requirements is available from the California Department of Industrial Relations http://www.dir.ca.gov/wpnodb.html

Be sure to visit our Federal Posters page for information about the Federal posting requirements.

And a bad hire can happen with the best of intentions.

• Conducting reference checks, a criminal background check and verifying and validating information provided to you by a prospective employee can potentially save you immensely by avoiding productivity and financial losses, lowered morale and time spent dealing with performance and behavior problems.

• It is completely appropriate to drug test all candidates following a conditional job offer.

By not doing your due-diligence with prospective employees you may be inviting avoidable problems into your workplace, and possibly exposing yourself to a negligent hiring claim.

Verifying candidate information

is good business

18 states now have a minimum wage rate higher than the $7.25 federal hourly minimum wage which became effective in July, 2009.

The state of Washington’s increase to $9.04 makes it the first state to reach a minimum wage above $9.00 per hour.  The City of San Francisco’s new minimum wage is $10.24 per hour, which is also a first.

Below is a list of the 2012 minimum wage rate changes for each state and San Francisco, along with a link to download the new, required minimum wage poster for each state.

To see the current minimum wage rates for all U.S. States click here

http://www.dol.gov/whd/minwage/america.htm

2012 State Minimum Wage Changes Effective 1/1/12

Arizona:  $7.65

http://www.ica.state.az.us/Labor/Labor_MinWag_main.aspx

Colorado: $7.64

http://www.colorado.gov/cs/Satellite/CDLE-LaborLaws/CDLE/1248095305505

Florida:  $7.67

http://www.floridajobs.org/business-growth-and-partnerships/for-employers/display-posters-and-required-notices

Montana:  $7.65

http://wsd.dli.mt.gov/service/posters.asp

Ohio:  $7.70

http://com.ohio.gov/laws/

Oregon:  $8.80

http://www.oregon.gov/BOLI/TA/Req_Post.shtml

Vermont:  $8.46

http://www.labor.vermont.gov/FormsPublications/WageHourFormsandPublications/tabid/128/Default.aspx/#Mandatory%20Posters

Washington:  $9.04

http://www.lni.wa.gov/WorkplaceRights/Wages/Minimum/default.asp

San Francisco, CA:  $10.24

http://www.sfgsa.org/index.aspx?page=411

California remains unchanged at $8.00

http://www.dir.ca.gov/wpnodb.html

NEW POSTER:  Employee Rights Notice (regulated by the National Labor Relations Board – NLRB)

As of April 30, 2012, most private sector employers will be required to post a notice advising employees of their rights under the National Labor Relations Act.

The postings original effective dates of November 14, 2011 and January 31, 2012 has again been postponed due to legal challenges of the rules’ constitutionality.

Any additional changes to this posting requirement will be listed here and will also be sent to all HR UPDATE subscribers.

The notice should be posted in a conspicuous place, where other notifications of workplace rights and employer rules and policies are posted.  Employers also should publish a link to the notice on an internal or external website if other personnel policies or workplace notices are posted there.

For further information about the posting, including a detailed discussion of which employers are covered by the NLRA, and what to do if a substantial share of the workplace speaks a language other than English, please read the Frequently Asked Questions.  To read a copy of the rule requiring the posting, please click here.

You may download and print the notice using the links below.  You may also fill out this form or call 202-273-0064 and copies will be mailed free of charge.

PLEASE NOTE: This poster is required to be 11 x 17 inches, in color or in black-and-white. When printing to full size, be sure to set your printer output to 11 x 17.  Or you may print the two 8.5 x 11 pages and tape them together.

English version

• Employee Rights Under the NLRA poster, two-page 8.5 x 11 version (pdf)
• Employee Rights Under the NLRA poster, 11 x 17 version (pdf)

Spanish version

• Spanish language poster – two-page, 8.5 x 11 version (pdf)
• Spanish language poster – 11 x 17 version (pdf)

Other languages

The NLRB is translating the poster into 26 other commonly used languages. As the translations are available they will be posted here.

Federal Minimum Wage poster (regulated by the USDOL)

The Federal Minimum Wage increased to $7.25 per hour effective July 24, 2009.  The poster is now available from the U.S. Department of Labor.

Who Must Post?
All employers subject to the Fair Labor Standards Act.

Download the English version of the Federal Minimum Wage poster.

Download the Spanish version of the Federal Minimum Wage poster.

Family and Medical Leave Poster (regulated by the USDOL)

Who Must Post?

Employers with 50 or more workers during 20 weeks of the year.

Download the English version of the Family and Medical Leave Act poster.

Download the Spanish version of the Family and Medical Leave Act poster.

For additional information and ordering, contact:

U.S. Department of Labor
Wage and Hour Division
www.dol.gov/whd
866-4USADOL

The FMLA optional forms are available for downloading from our Workplace Forms page.

Equal Employment Opportunity is THE LAW poster (regulated by the Equal Employment Opportunity Commission)

Who Must Post?
Employers with 15 or more employees during 20 weeks of the year (including employment agencies and labor organizations).

The EEOC has revised its “Equal Employment Opportunity is the Law” poster. This new version reflects current federal employment discrimination law (including the Americans with Disabilities Act Amendments Act of 2008). The poster was revised to add information about the Genetic Information Nondiscrimination Act of 2008, which is effective November 21, 2009.  The revised poster also includes updates from the Department of Labor.

At the download page read the two options available.  Generally, unless you have specific compliance requirements, most employers will select option 2.

This poster is available in four languages:  English, Spanish, Arabic, and Chinese.

Download the Equal Employment Opportunity is THE LAW poster.

Job Safety and Health: It’s the Law

The OSHA Job Safety and Health: It’s the Law poster, available from OSHA, informs workers of their rights under the Occupational Safety and Health Act. All covered employers are required to display the poster in their workplace.  Employers do not need to replace previous versions of the poster.  Employers must display the poster in a conspicuous place where workers can see it.  Click here to download the poster from the U.S. Department of Labor website.

If you are in a state with an OSHA-approved state plan, there may be a state version of the OSHA poster. Federal government agencies must use the Federal Agency Poster.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) poster (regulated by the USDOL, Veteran’s Employment and Training Service)

Who Must Post?
Employers are required to provide to persons entitled to the rights and benefits under USERRA, a notice of the rights, benefits and obligations of such persons and such employers under USERRA.

Download the USERRA poster. This poster is available in English only.

For additional information and ordering, contact:

U.S. Department of Labor
Veteran’s Employment and Training Service
www.dol.gov/vets
503-947-1490
503-731-3478

Employee Polygraph Protection Act poster (regulated by the USDOL)

Who Must Post?
All employers engaged in commerce.

Download the English version of the Polygraph Protection Act Notice.
Download the Spanish version of the Polygraph Protection Act Notice.

Some additional federal laws with posting requirements are described below.

Posters for these and other federal laws, as well as additional information on each law can be found at the U.S. Department of Labor’s website http://www.dol.gov/compliance/laws/main.htm

Migrant & Seasonal Agriculture Worker Protection:  Required for each farm labor contractor, agricultural employer and agricultural association which is subject to the MSPA and who employs any migrant or seasonal agricultural worker(s).  Available from U.S. Dept. of Labor, Wage & Hour Division:

Notice to Workers with Disabilities:  Every employer of workers with disabilities under special minimum wage certificates authorized by the Fair Labor Standards Act, the McNamara-O’Hara Service Contract Act, and/or the Walsh-Healey Public Contracts Act shall display a poster prescribed by the U.S. Dept. of Labor Wage and Hour Division explaining the conditions under which special minimum wages may be paid.  The poster shall be posted in a conspicuous place on the employer’s premises where employees and the parents or guardians of workers with disabilities can readily see it.  Available from U.S. Dept. of Labor, Employment Standards Administration:

Davis Bacon Poster (Government construction):  Every employer performing work covered by the labor standards of The Davis-Bacon and Related Acts shall post a notice (including any applicable wage determination) at the site of the work in a prominent and accessible place where it may be easily seen by employees.  Available from U.S. Dept. of Labor:

Service Contract Act/Walsh Healey Poster:  Every employer performing work covered by the Walsh-Healey Public Contracts Act or the McNamara-O’Hara Service Contract Act (SCA) is required to post a notice of the compensation required (including, for service contracts, any applicable wage determination) in a prominent and accessible location at the worksite where it may be seen by all employees performing on the contract.  Available from U.S. Dept. of Labor, Wage & Hour Division:

Posters for these and other federal laws, as well as additional information on each law can be found at the U.S. Department of Labor’s website http://www.dol.gov/compliance/laws/main.htm

For a summary of the major laws of the U.S. Department of Labor click here.

If you are unsure of your specific posting requirements, or are located or doing business in a state and are unsure of that state’s specific posting requirements, please send an email to info@hhrconsulting.com so we can help you comply with your state’s posting requirements.

Remember, it’s the impact you may have, and not your intentions, that can get you, as an interviewer, in trouble.  Anyone interviewing applicants should have a refresher about which questions are legally appropriate and which are not, and then develop a list of behavioral and situational based questions to assess each candidate’s suitability and qualifications for the position.  Avoid any questions relating to age, arrest record, marital status, race, national origin, religion, disability, and pregnancy, to name a few.

Rule of Thumb:  If it’s not related to the work or the job, don’t ask.

•  As the laws and your policies and procedures change, your handbook needs to reflect those changes.

• With an up to date employee handbook an employer is able to clearly define the policies, procedures and expectations for employees.

• Administering workplace practices fairly and consistently helps reduce allegations of unfair treatment.

• Oftentimes handbooks give away too much authority.  For example, handbooks often use stepped discipline or require “cause” in order to terminate an employee.  An employee handbook should reinforce and not reduce the “employment at will” rules of your workplace.

 Employees want to know what your work rules are, so tell them!

  A well crafted employee handbook is a valuable reference tool that articulates how you choose do business and interact with your employees.

FORM I-9

NOTE 1:  Be sure you are using the correct form.    There have been multiple revisions.

• Rev. 08/07/09 is the most recent revision, and has an expiration date 8/31/12.
• Rev. 02/02/09 is also an acceptable version.

•  The revision date can be found on the lower right hand corner of the form.

• The expiration date is posted in the upper right hand corner of the form.

• Click here to download the current version of the Form I-9 Employment Eligibility Verification.

NOTE 2:  I am frequently asked if there is a Spanish version of the Form I-9.

• Yes there is, but the Spanish version of Form I-9 may be filled out by employers and employees in Puerto Rico ONLY.  Spanish-speaking employers and employees in the 50 states and other U.S. territories may print a copy for their reference, but may only complete the form in English to meet employment eligibility verification requirements.
• Section 1 of the Form I-9 in English has a space for Preparer and/or Translator Certification which is to be completed by a person other than the employee if such assistance is provided to the employee while completing the form.
• The Spanish version of the Form I-9 can be downloaded using the above link to the Form I-9.

Family & Medical Leave Act – FMLA

• Significant changes have been made to the Family and Medical Leave Act (FMLA) which became effective January 16, 2009.
• A summary of the new changes and some useful links for helping you understand them can be found in the December 18, 2008 issue of HR Update.
• A copy of the new required FMLA poster is available for downloading from our Federal Posters page.
• The Department of Labor has provided optional forms for use by employers and employees during the FMLA process:

• The Department has revised its Certification of Health Care Provider form (WH-380), and divided it into two separate forms:

• Employee’s Serious Health Condition (WH-380E) and
• Family Member’s Serious Health Condition (WH-380F)
• The Department has also revised its
• Notice of Eligibility and Rights and Responsibilities form (WH-381)

• In addition, the Department has added new forms for
• Designation Notice to Employee of FMLA Leave (WH-382)
• Certification of Qualifying Exigency for Military Family Leave (WH-384) and
• Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave (WH-385)

• The new poster and forms became effective on January 16, 2009.  Additional FMLA compliance assistance materials are available from the U.S. Department of Labor at

•  http://www.dol.gov/whd/fmla/index.htm
• http://www.dol.gov/whd/fmla/

FORM W-4 and W-9

• Click here to download the 2012 Form W-4 directly from the IRS website.
• Click here to download the 2011 Forma W-4 (SP) in Spanish directly from the IRS website.
• Click here to download the Form W-9 from the IRS website.
• Click here for other IRS forms available for search and download in both English and Spanish.

FEDERAL OSHA RECORD KEEPING FORMS

• Be sure to post your OSHA Form 300A from February 1 to April 30 each year, whether you are using a state or federal recordkeeping form.  Use the links below to download the Federal OSHA 300, 300A and 301 recordkeeping forms directly from the OSHA website.

• PDF FILE of OSHA Form 300, 300A and 301:  http://www.osha.gov/recordkeeping/new-osha300form1-1-04.pdf

• MS Excel file of OSHA Form 300, 300A and 301 (tabbed spreadsheet)http://www.osha.gov/recordkeeping/new-osha300form1-1-04.xls

• TIP:  Download the PDF file even if you plan to use the spreadsheet version of the documents. The PDF file contains the form instructions and “how-to” etc.

FOR OREGON EMPLOYERS:  Oregon-OSHA Record Keeping Documents

• The link below will allow you to download the required Oregon OSHA (OR-OSHA) recordkeeping documents directly from the OR-OSHA website.  You have several options to choose from:  a pdf file, an MS Word document or an Excel spreadsheet.  If you have difficulty downloading any of the forms, please contact me and I will email any of the forms directly to you.

• You can also obtain you own copy of the OR-OSHA Recordkeeping, Division 1 rules in an Adobe Acrobat file and the Workers’ Compensation forms by clicking the link below.  The rules also detail the industries that are partially exempt from the recordkeeping requirements, as described in the January 20, 2009 HR Update article.

• http://www.orosha.org/standards/recordkeeping.html

Job descriptions should detail the essential duties, responsibilities and expectations of the position, and be written in a fashion which clearly describes the physical tasks required of the job.

Remember:  Once good job descriptions have been developed it becomes much easier to fill the position and train and evaluate the employee.  Even if you don’t have to comply with the ADA, an ADA-style job description that outlines the job’s physical, mental and environmental requirements and demands can help you avoid or actively manage workers’ compensation claims, and it makes good business sense.

How do you keep job descriptions current?  Make updating part of your performance review process and have the employee review it and make the first edits.

NOTE 1:  Be sure you are using the correct form.    There have been multiple revisions.

• Rev. 08/07/09 is the most recent revision, and has an expiration date 8/31/12.
• Rev. 02/02/09 is also an acceptable version.

• The revision date can be found on the lower right hand corner of the form.
• The expiration date is posted in the upper right hand corner of the form.

• Click here to download the current version of the Form I-9 Employment Eligibility Verification.

NOTE 2:  I am frequently asked if there is a Spanish version of the Form I-9.

• Yes there is, but the Spanish version of Form I-9 may be filled out by employers and employees in Puerto Rico ONLY.  Spanish-speaking employers and employees in the 50 states and other U.S. territories may print a copy for their reference, but may only complete the form in English to meet employment eligibility verification requirements.
• Section 1 of the Form I-9 in English has a space for Preparer and/or Translator Certification which is to be completed by a person other than the employee if such assistance is provided to the employee while completing the form.
• The Spanish version of the Form I-9 can be downloaded using the above link to the Form I-9.

Family & Medical Leave Act – FMLA

• Significant changes have been made to the Family and Medical Leave Act (FMLA) which became effective January 16, 2009.
• A summary of the new changes and some useful links for helping you understand them can be found in the December 18, 2008 issue of HR Update.
• A copy of the new required FMLA poster is available for downloading from our Federal Posters page.
• The Department of Labor has provided optional forms for use by employers and employees during the FMLA process:
• The Department has revised its Certification of Health Care Provider form (WH-380), and divided it into two separate forms:

• Employee’s Serious Health Condition (WH-380E) and
• Family Member’s Serious Health Condition (WH-380F)
• The Department has also revised its
• Notice of Eligibility and Rights and Responsibilities form (WH-381)

• In addition, the Department has added new forms for
• Designation Notice to Employee of FMLA Leave (WH-382)
• Certification of Qualifying Exigency for Military Family Leave (WH-384) and
• Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave (WH-385)
• The new poster and forms became effective on January 16, 2009.  Additional FMLA compliance assistance materials are available from the U.S. Department of Labor at
•  http://www.dol.gov/whd/fmla/index.htm
• http://www.dol.gov/whd/fmla/

FORM W-4 and W-9

• Click here to download the 2011 Form W-4 directly from the IRS website.
• Click here to download the 2010 Forma W-4 (SP) in Spanish directly from the IRS website.
• Click here to download the Form W-9 from the IRS website.
• Click here for other IRS forms available for search and download in both English and Spanish.

FEDERAL OSHA RECORD KEEPING FORMS

• Be sure to post your OSHA Form 300A from February 1 to April 30 each year.
• Use the links below to download the Federal OSHA 300, 300A and 301 recordkeeping formsdirectly from the OSHA website.
• PDF FILE of OSHA Form 300, 300A and 301:  http://www.osha.gov/recordkeeping/new-osha300form1-1-04.pdf
• MS Excel file of OSHA Form 300, 300A and 301 (tabbed spreadsheet)http://www.osha.gov/recordkeeping/new-osha300form1-1-04.xls
• TIP:  Download the PDF file even if you plan to use the spreadsheet version of the documents. The PDF file contains the form instructions and “how-to” etc.

FOR OREGON EMPLOYERS:  Oregon-OSHA Record Keeping Documents

• The link below will allow you to download the required Oregon OSHA (OR-OSHA) recordkeeping documents directly from the OR-OSHA website.  You have several options to choose from:  a pdf file, an MS Word document or an Excel spreadsheet.  If you have difficulty downloading any of the forms, please contact me and I will email any of the forms directly to you.
• You can also obtain you own copy of the OR-OSHA Recordkeeping, Division 1 rules in an Adobe Acrobat file and the Workers’ Compensation forms by clicking the link below.  The rules also detail the industries that are partially exempt from the recordkeeping requirements, as described in the January 20, 2009 HR Update article.
• http://www.orosha.org/standards/recordkeeping.html

Available in English and Spanish unless otherwise specified

The responsible agency is listed by each poster description.  You can contact the agency directly or on their website to order hard copies of the posters, or follow the links below to obtain a free poster you can download and print right now.  There are also federal posting requirements for Oregon employers, so be sure to check the Federal Posters page.

Many of the posters are in Adobe Acrobat format, so you’ll need a reader to open them.  If you don’t have a reader you can get one from the Adobe website by clicking here.  Adobe Acrobat Reader is free.

Minimum Wage

Required for all employers, except government and agriculture.  On January 1, 2011 the Oregonminimum wage is $8.50 per hour.  Available from BOLI:

English

http://www.boli.state.or.us/BOLI/TA/docs/OregonMinimumWage_Eng2011.pdf

Spanish

http://www.boli.state.or.us/BOLI/TA/docs/OregonMinimumWage_Span2011.pdf

Minimum Wage Agricultural

Required for all Oregon agricultural employers, and includes the Child Labor Law poster.  Available from BOLI:

English

http://www.boli.state.or.us/BOLI/TA/docs/Agriculture_Min_Wage_2011_English.pdf

Spanish

http://www.boli.state.or.us/BOLI/TA/docs/Agriculture_Min_Wage_2011_Spanish.pdf

Oregon Family Leave Act (OFLA)

Required for Oregon employers with 25 or more employees in Oregon.  Available from BOLI:

English version:

http://www.boli.state.or.us/BOLI/TA/docs/OFLA_English_Poster_Mar2010.pdf

Spanish version:

http://www.boli.state.or.us/BOLI/TA/docs/OFLA_Spanish_Mar2010.pdf

Workers’ Compensation Notice of Compliance

Who Must Post?
All employers who are required to provide workers’ compensation coverage for their employees.

The Workers’ Compensation Division issues this notice after it receives the proof of coverage filing from the insurer. Employers should receive this notice after purchasing workers’ compensation insurance. Employers not receiving the notice or requiring a duplicate notice should contact the Workers’ Compensation Division.

Download information, and order form, about the Notice of Compliance poster. You can also contact them at:Workers’ Compensation Division
Employer Compliance
503-947-7815
888-877-5670http://www.wcd.oregon.gov 

Who Must Post?
Employers with at least a $1000 payroll in a calendar quarter and employers with one or more workers during 18 different weeks in a calendar year.

The Employment Department automatically sends this notice after an account is set up or reopened, and employers can order a duplicate if necessary. When ordering a duplicate, employers should have their business identification number ready when they call.

You will find additional information and an order form on their website at www.oregon.gov/employ/tax. You can also contact them at:

Employment Department
Unemployment Insurance Tax Unit
Forms Hotline: 503-947-1488, Option 3

OR-OSHA Job Safety & Health (“It’s the law”)

Required for employers with one or more employees.  This poster as well as many others are available from the OR-OSHA website in English and Spanish:

http://www.cbs.state.or.us/external/osha/publications/posters.html

No Smoking Sign and Materials

The new Smokefree Workplace Law became effective January 1, 2009.  Signs must be posted at the entrances of most Oregon employers to comply with the Oregon Smokefree Workplace Act.  The provisions of the new law and a list of exceptions is posted on the website.  Available in English and Spanish from Oregon Dept. of Health Services:

Overview of the law:

http://www.oregon.gov/DHS/ph/smokefree/thelaw.shtml

Required posting – Decal

http://secure.phcnw.com/catalog/pdf/sfwp-decal1-rev1.pdf

Suggested – Flyer

http://secure.phcnw.com/catalog/pdf/sfwp-10ft-flyer08-rev1.pdf

Commonly Required Posters in Oregon (“8-in-1”) poster

As a service to employers, the Bureau sells a composite poster (“Commonly Required Postings in Oregon”) that includes all the generally required posters. This poster, also known as the “8-in-1” poster, includes the following: 1) Oregon State Minimum Wage poster; 2) Oregon Family Leave Act poster; 3) Oregon’s OSHA poster; 4) Federal Minimum Wage poster; 5) Federal Medical Leave Act poster; 6) EEOC’s “It’s the Law” poster; 7) Federal Polygraph Protection Act Notice; Federal USERRA (military rights) poster; . It’s an easy way to stay in compliance. It is the right size (24” x 39”) for employee bulletin boards, lunch rooms, and even office doors. It is available in both English and Spanish and costs $10. Order Form

NEW Commonly Required Posters in Oregon (“6-in-1”) poster

New for 2011 is a “6-in-1″ poster for employers with 24 or fewer employees. This poster is available in English and Spanish and costs $10. Order Form

Agricultural Composite poster (“11-in-1”) poster

The Bureau also sells a poster designed specifically for businesses engaged in agriculture. This poster includes all the state and federal postings most agricultural employers must display. This 25” x 39” poster is laminated and brightly colored for outdoor display. It is English on one side and Spanish on the other and costs $15. Order Form

WASHINGTON MINIMUM WAGE POSTER

Effective January 1, 2011 the Washington minimum wage increases to $8.67 per hour.

As a way to simplify requirements for businesses and to save taxpayer money, the Washington State Department of Labor and Industries (L&I) will no longer publish a separate poster listing the new minimum wage each time the wage changes.

Employers are still required to post the “Your Rights as a Worker” poster, which provides information about the minimum wage and other topics.  This poster is available at no cost from L&I.

More information regarding Washington’s wage and hour laws is available at Wages.Lni.wa.gov. Employers and workers also may call 360-902-5316 or 1-866-219-7321.

CALIFORNIA POSTING REQUIREMENTS

Effective January 1, 2008 the California minimum wage is $8.00. The required minimum wage poster and additional information on other California posting requirements is available from the California Department of Industrial Relations http://www.dir.ca.gov/wpnodb.html

The FMLA optional forms are available for downloading from our Workplace Forms page.

At the download page read the two options available.  Generally, unless you have specific compliance requirements, most employers will select option 2.

This poster is available in four languages:  English, Spanish, Arabic, Chinese.

Download the Equal Employment Opportunity is THE LAW poster.

Some additional federal laws with posting requirements are described below.

Migrant & Seasonal Agriculture Worker Protection:  Required for each farm labor contractor, agricultural employer and agricultural association which is subject to the MSPA and who employs any migrant or seasonal agricultural worker(s).  Available from U.S. Dept. of Labor, Wage & Hour Division:

Notice to Workers with Disabilities:  Every employer of workers with disabilities under special minimum wage certificates authorized by the Fair Labor Standards Act, the McNamara-O’Hara Service Contract Act, and/or the Walsh-Healey Public Contracts Act shall display a poster prescribed by the U.S. Dept. of Labor Wage and Hour Division explaining the conditions under which special minimum wages may be paid.  The poster shall be posted in a conspicuous place on the employer’s premises where employees and the parents or guardians of workers with disabilities can readily see it.  Available from U.S. Dept. of Labor, Employment Standards Administration:

Davis Bacon Poster (Government construction):  Every employer performing work covered by the labor standards of The Davis-Bacon and Related Acts shall post a notice (including any applicable wage determination) at the site of the work in a prominent and accessible place where it may be easily seen by employees.  Available from U.S. Dept. of Labor:

Service Contract Act/Walsh Healey Poster:  Every employer performing work covered by the Walsh-Healey Public Contracts Act or the McNamara-O’Hara Service Contract Act (SCA) is required to post a notice of the compensation required (including, for service contracts, any applicable wage determination) in a prominent and accessible location at the worksite where it may be seen by all employees performing on the contract.  Available from U.S. Dept. of Labor, Wage & Hour Division:

Posters for these and other federal laws, as well as additional information on each law can be found at the U.S. Department of Labor’s website http://www.dol.gov/compliance/laws/main.htm

For a summary of the major laws of the U.S. Department of Labor click here.

If you are located or doing business in a state and are unsure of that state’s specific posting requirements, please send an email to info@hhrconsulting.com so we can help you comply with your state’s posting requirements.

Several federal and some state incentives for hiring and retaining new employees are available right now that employers may want to seriously consider taking advantage of for hiring and retaining employees in 2010.

Below is a brief synopsis of some of the incentive programs now available with links for you to get more information and decide if they apply to you and if now is the time to increase your headcount.

Hiring Incentives to Restore Employment (HIRE) Act

Two new tax benefits are now available to employers hiring workers who were previously unemployed or only working part time. These provisions are part of the Hiring Incentives to Restore Employment (HIRE) Act.  The sooner you hire the bigger the benefit you’ll receive. To take advantage of these incentives you must act before the end of 2010:

The two tax benefits are especially helpful to employers who are adding positions to their payrolls.  The HIRE Act provides certain employers with relief from their share of the taxes on wages paid to a “qualified individual” defined as someone who:

• begins work for a qualified employer after Feb. 3, 2010 and before Jan. 1, 2011;
• signs an affidavit certifying that (under penalties of perjury) he or she was unemployed during the 60 days before beginning work or, alternatively, worked fewer than a total of 40 hours for someone else during the 60-day period.
• is a new hire – new hires filling existing positions also qualify but only if the workers they are replacing left voluntarily or for cause; and
• is not related to the employer

The IRS has developed Form 11 that new employees can use to make the required affidavit certification mentioned above.  The completed form is to be kept on file by the employer and is not submitted to the IRS.

Eligible employers: Businesses, agricultural employers, tax-exempt organizations and public colleges and universities all qualify to claim the payroll tax benefit for eligible newly-hired employees. Household employers cannot claim this new tax benefit.

How to get the benefit: Employers claim the payroll tax benefit on the federal employment tax return they file, usually quarterly, with the IRS.  Eligible employers will be able to claim the new tax incentive on their revised employment tax form for the second quarter of 2010.

You should consult your tax advisor prior to implementing either benefit to be sure you will receive the maximum incentives from these programs.

Revised forms and further details on these two new tax provisions will be posted on IRS.gov during the next few weeks.

To read the full press release http://www.irs.gov/newsroom/article/0,,id=220326,00.html

See  HIRE Act: Questions and Answers for Employers

Oregon Dependent Care Assistance For Employees Program

Oregon is among 20 states in the nation that offer a state tax credit for dependent care assistance provided to employees.  Oregon’s tax credit permits an employer to offset 50 percent of its child care expenditures against its state tax liability.  The credit allows an annual limit of $2,500 per employee.

For more information on the Oregon Dependent Care Tax Credit, click here.

To find out which other states offer a dependent care tax credit you can conduct a web search, or you can email me for more information.

Work Opportunity Tax Credit

The Work Opportunity Tax Credit (WOTC) is a Federal tax credit incentive that the Congress provides to private-sector businesses for hiring individuals from twelve target groups who have consistently faced significant barriers to employment.  The main objective of this program is to enable the targeted employees to gradually move from economic dependency into self-sufficiency as they earn a steady income and become contributing taxpayers, while the participating employers are compensated by being able to reduce their federal income tax liability.  WOTC joins other workforce programs that help incentivize workplace diversity and facilitate access to good jobs for American workers.

For more information click here http://www.doleta.gov/business/incentives/opptax/

ETA’s WOTC publications provide a plain-English overview of the program:

• WOTC Fact Sheet
• WOTC Program Brochure
• WOTC Veterans Brochure

ETA Handbook No. 408 for the WOTC Program and the Welfare-to-Work Tax Credit, written in November 2002 and amended in August 2009, provides more information on WOTC:

• ETA Handbook 408, 3rd., Ed., November 2002
• ETA Handbook 408, 3rd., Ed., August 2009 Addendum

WOTC Eligible New Hires

To be eligible for WOTC a new hire must have began to work for an employer after December 31, 2006 and before September 1, 2011, the new hire must meet the minimum employment or retention period requirements outlined below, and the new hire must belong to one of the following 12 WOTC target groups.

WOTC Benefit Amounts

The WOTC benefit claimed by an employer is determined by the hours worked by the new employee and the employee’s WOTC target group. New employees who work at least 400 hours are eligible for a larger credit. The credit is 25% of qualified first-year wages for those employed at least 120 hours but fewer than 400 hours, and 40% for those employed 400 hours or more.

The maximum benefit amounts are determined by the employee’s WOTC target group. Most target groups’ maximum credit is $2,400, but some are eligible to receive more:

• $2,400 for each new adult hire;
• $1,200 for each new summer youth hire,
• $4,800 for each new disabled veteran hire, and
• $9,000 for each new long-term family assistance recipient hired over a two-year period.

The links above will take you U.S. Department of Labor resources and information.

Oregon employers should also check out the Oregon.gov website for additional WOTC resources. The link is provided here:

http://www.oregon.gov/EMPLOY/ES/BUS/tax_incentive_programs.shtml

Worksource Oregon

The following link will take you to the Worksource Oregon website page that outlines several other Employment Service Programs for Employers:

Employment Service Programs for Employers

General Recordkeeping Requirements

Most employers with 11 or more employees must maintain a log and summary of all recordable work-related injuries and illnesses.  The regulations provide two forms for recording this information, OSHA Forms 300 (the Log of Work-Related Injuries and Illnesses) and 300A (the Summary of Work-Related Injuries and Illnesses).  In addition, you must maintain a supplementary record for each recordable injury or illness on Oregon Form 801 (Injury and Illness Incident Report - Oregon’s version of Federal OSHA Form 301).  Form 300, 300A, and Form 801 or 301 should be maintained on a calendar year basis.

Exempted employers may still be selected by the Labor Department’s Bureau of Labor Statistics to participate in an annual statistical survey.  All employers covered by Oregon Safe Employment Act, regardless of size or exemption, need to comply with safety and health standards, which includes posting a notice informing employees of the protections and obligations provided by the Act.  In addition, all employers must report verbally within eight hours to the nearest OR-OSHA office all accidents that result in any workplace fatality, the hospitalization of three or more employees, or overnight hospitalizations.

What Form 300A Reports

Form 300A summarizes the total numbers of job-related injuries and illnesses that occurred in 2003 and were logged on the OSHA Form 300.  Employment information about annual average number of employees and total hours worked during the calendar year is also required to assist in calculating incidence rates.  Companies with no recordable injuries or illnesses must post the form with zeros on the total line.
Specifically, Form 300A requires that you calculate the total number of work related deaths, cases with days away from work, cases with job transfers or restrictions, and any other recordable cases.  In addition, you must identify the total number of days of job restrictions or transfers and days away from work.  Finally, you must report what types of injuries and illnesses you experienced, including the total number of injuries, skin disorders, respiratory conditions, poisonings, and all other illnesses.

Where to Post Form 300A

The Form is to be displayed in a common area wherever notices to employees are usually posted.  Employers must make a copy of the summary available to employees who move from worksite to worksite, such as construction workers, and employees who do not report to any fixed establishment on a regular basis.  You also must ensure that the posted annual summary is not altered, defaced or covered by other material.

In addition, an executive must certify that the OSHA 300 Log has been examined and that the annual summary is believed to be correct and complete.  The certifying executive can be either the owner or an officer of the organization, the highest ranking executive at the establishment, or the supervisor of that highest-ranking executive.

Click here to download the OSHA and OR-OSHA recordkeeping forms directly from the Agency websites.  Once at the page scroll down to the bottom for the OSHA Forms.

No registration required – just click here and get it

The announcement states that the delay will provide DHS with an opportunity for further consideration of the rule and also allows the public additional time to submit comments.

A notice announcing the delay was transmitted on Friday 1/30/09 to the Federal Register.  In addition, USCIS has reopened the public comment period for 30 days, until March 4, 2009.

Employers must complete a Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States.  The interim final rule will amend regulations governing the types of acceptable identity and employment authorization documents employees may present to their employers for completion of the Form I-9.

Under the interim rule, employers will no longer be able to accept expired documents to verify employment authorization on the Form I-9.

The interim final rule and an informational copy of the revised Form I-9 will continue to be available for public comment at www.regulations.gov.

NOTE: Be sure you are using the correct Form.   The Form I-9 you should be using shows a revision date of 06/05/07 and an expiration date of 6/30/09.  The new form which becomes effective April 3, 2009 is now available in English and Spanish.

You can download the current and new Form I-9 here.

The following I-9 links are informational only from a prior newsletter- see the above link for current information.

FORM I-9 IS NOW AVAILABLE FOR DOWNLOADING - FOR USE ON AND AFTER FEB 2, 2009

Click here to read a summary of the new changes, which includes the link to the new form.

Click here for a really brief summary of things you need to know and to download the new Form I-9.

OREGON BUREAU OF LABOR AND INDUSTRIES (BOLI) RELEASES NEW RULE ON MEAL AND REST PERIODS

The Oregon Bureau of Labor and Industries (BOLI) implemented a new administrative rule January 12, 2009 to update and clarify existing meal and rest period provisions.  The revised rule requires the same basic 30-minute, unpaid meal period in which an employee is relieved of all duties (for shifts longer than 6 hours), but revises circumstances in which employers are not required to provide the full 30-minute meal period and/or relieve an employee completely from duty (i.e. the employee remains on-call).

Click here to read the overview of the changes, and text of the final rule.

Final Rule
Rule Overview

OSHA FORM 300A MUST BE POSTED ON FEBRUARY 1

Do you have your Occupational Safety and Health Administration (OSHA) Form 300A ready to post?  Should you?  Covered employers are required to post the Summary of Work-Related Injuries and Illnesses in their workplaces from February 1 until April 30, each year.  Form 300A reports the employer’s total number of deaths, missed workdays, job transfers or restrictions, and injuries and illnesses as recorded on Form 300 (the Log of Work-Related Injuries and Illnesses).  Form 300 must be maintained by the employer throughout the year.

Form 300A is one of three OSHA forms required as part of the agency’s recordkeeping rule that took effect in January 2002.  Learn more about the rule’s requirements and whether you must comply, below.

General Recordkeeping Requirements

Most employers with 11 or more employees must maintain a log and summary of all recordable work-related injuries and illnesses.  The regulations provide two forms for recording this information, OSHA Forms 300 (the Log of Work-Related Injuries and Illnesses) and 300A (the Summary of Work-Related Injuries and Illnesses).  In addition, you must maintain a supplementary record for each recordable injury or illness on Oregon Form 801 (Injury and Illness Incident Report - Oregon’s version of Federal OSHA Form 301).  Form 300, 300A, and Form 801 or 301 should be maintained on a calendar year basis.

Exempted employers may still be selected by the Labor Department’s Bureau of Labor Statistics to participate in an annual statistical survey.  All employers covered by Oregon Safe Employment Act, regardless of size or exemption, need to comply with safety and health standards, which includes posting a notice informing employees of the protections and obligations provided by the Act.  In addition, all employers must report verbally within eight hours to the nearest OR-OSHA office all accidents that result in any workplace fatality, the hospitalization of three or more employees, or overnight hospitalizations.

What Form 300A Reports

Form 300A summarizes the total numbers of job-related injuries and illnesses that occurred in 2003 and were logged on the OSHA Form 300.  Employment information about annual average number of employees and total hours worked during the calendar year is also required to assist in calculating incidence rates.  Companies with no recordable injuries or illnesses must post the form with zeros on the total line.
Specifically, Form 300A requires that you calculate the total number of work related deaths, cases with days away from work, cases with job transfers or restrictions, and any other recordable cases.  In addition, you must identify the total number of days of job restrictions or transfers and days away from work.  Finally, you must report what types of injuries and illnesses you experienced, including the total number of injuries, skin disorders, respiratory conditions, poisonings, and all other illnesses.

Where to Post Form 300A

The Form is to be displayed in a common area wherever notices to employees are usually posted.  Employers must make a copy of the summary available to employees who move from worksite to worksite, such as construction workers, and employees who do not report to any fixed establishment on a regular basis.  You also must ensure that the posted annual summary is not altered, defaced or covered by other material.

In addition, an executive must certify that the OSHA 300 Log has been examined and that the annual summary is believed to be correct and complete.  The certifying executive can be either the owner or an officer of the organization, the highest ranking executive at the establishment, or the supervisor of that highest-ranking executive.

Click here to download the OSHA and OR-OSHA recordkeeping forms directly from the Agency websites.  Once at the page scroll down to the bottom for the OSHA Forms.

Click here for the update

The information below is informational only.  Follow the above link for the current changes.

I-9 Form changed again so start using the new version by Feb. 2, 2009

The USCIS announced this week that it has revised the Employment Eligibility Verification Form I-9 again and that U.S. employers must begin using the new version by Feb. 2, 2009.  All U.S.employers are required to fill out an Employment Eligibility Verification (I-9) form within three days after hiring each new employee.  The Form I-9 was revised last year.

What Changed?

The revised I-9 makes clear that employees can’t show expired documents as identification and eliminates three documents from the list of approved documents that employees can present to verify both their identity and employment (List A):

• Form I-688, Temporary Resident Card

• Form I-688A, Employment Authorization Card

• Form I-688B, Employment Authorization Card.

USCIS no longer issues these cards and all that were in circulation have expired.

The new Form I-9 includes revisions to the employee attestation section, and the addition of the new U.S. Passport Card to List A.  The rule also adds to List A foreign passports containing specially marked machine-readable visas and documentation for certain citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI).

U.S. employers must begin using the revised I-9 form for new hires and to reverify employees with expiring documents—starting no later than Feb. 2.  The USCIS states employers who continue to use the current edition of the I-9 form (dated 06/05/2007) on or after Feb. 2 may be subject to civil penalties.

The new I-9 Form and the USCIS Handbook for Employers, Instructions for Completing the Form I-9 (M-274) will be available 45 days after publication in the Federal Register. Links to both will be available on our website when they are released, so keep reading HR Update for the changes.

You can click here to review the Questions and Answers section that has been updated on the USCIS website.

The revised poster and optional FMLA forms are available for downloading from our Workplace Forms and Federal Posters pages.

The revised FMLA provides much needed clarification on several issues, for example reporting requirements and intermittent leave, but also adds an extra layer of administration for others.

Significant Changes

Here is a short list highlighting some of the more significant FMLA changes, and is not all inclusive:

• Emphasis has been placed on shared responsibility and communication between the employer and employee.  Employers must notify all employees of their rights and obligations under the General Notice Obligations.
• “Continuing treatment” and “periodic treatment” have been defined for purposes of establishing a serious health condition.
• A “qualifying exigency” mentioned in the February 2008 change has been defined.
• Professional Employer Organizations (PEO) and joint employer coverage is addressed.
• Employees may be required to follow the employer’s normal call-in policies for requesting leave.
• Medical and Fitness for Duty certifications, requirements and documentation are addressed.
• The issue of paid and unpaid FMLA leave is clarified.
• Addresses waiver of FMLA rights in settlement and release agreements.
• Performance and goals-based awards, such as bonuses and perfect attendance awards, may be denied to employees who have taken FMLA leave if the practice of non-entitlement is consistent with other policies.
• An employee’s light-duty job assignment does not affect his/her right to FMLA leave and to job restoration.
• Employers have five days to notify employees of their eligibility to take FMLA leave; employers also have five days to notify employees of the designation of FMLA leave.
• If FMLA leave is interfered with or not designated as such in a timely manner and the employee suffers harm as a result, the employer may be liable for unspecified damages.
• An employer HR representative or leave administrator may contact an employee’s health care provider without the employee’s consent for clarification and authorization only, but not to obtain more information.  The employee’s direct supervisor is strictly prohibited from doing so.
• The new rules covering the expansion of the FMLA for military family members adopted in February, 2008 have been incorporated.
• The DOL has created seven new optional forms and a new poster to assist with communication and leave administration which will become available to employers as the effective date of the new law gets closer.
• The revised FMLA will require significant changes to policies, procedures and forms, as well as supervisor and employee training.  The DOL has given employers only 60 days (until January 16, 2009) to implement and comply with the new rules.

The FMLA is a major compliance obligation, and for HR professionals and those responsible for administering FMLA it is one of the significant tools of our trade.

You can view a PDF file of the final FMLA regulations as published in the Federal Register on November 17, 2008.  The new FMLA forms can be viewed at the end of the PDF file.

Click here to read the FMLA regulations

Resources

The links below offer two great resources available at no cost for employers to get more information about the pending FMLA changes, and we are available to answer any questions and assist with policy changes, communication and training.

• An article summarizing the FMLA changes prepared by Fisher & Phillips LLP, Attorneys at Law

Click here to read the article

• A 90 minute on-demand webinar provided by Jackson Lewis Attorneys:

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