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Meal & Break Provisions in California

Generally speaking, workers in California must be given a 30-minute meal break for every five hours of work, plus 10-minute rests every four hours.

The penalty for non-compliance is an hour's pay for every day the law was violated - going back three years.

Today's Sacramento Bee discusses the issue, and the controversy it's creating.

Benefits of Paying Employee Tuition

NEW YORK -With the start of the school year not far off, employees of small businesses might have a hankering to take some courses. And company owners might want to think about paying for them to take some classes - the learning may help their careers and in turn, help the business retain its best workers.

Many companies are willing to pay for courses that will help employees upgrade their skills or learn new ones. Others go further, making tuition reimbursement an employee benefit that even covers courses not directly related to the job.

"For me, it's really straightforward: We value the employees we have here," said Kyle Corkum, president of Landquest, a land development company in Raleigh, N.C. "We're not interested in having people come and go like a revolving door. We're trying to upgrade the capability and knowledge of our people."

Landquest is currently paying for a staffer to take a preparatory course for the Law School Admission Test, and it is paying undergraduate tuition for another employee. Its director of philanthropy is taking business writing and literature courses at company expense.

"We have 20 employees. If we lose one, we're in a tough spot. Everyone we've got is hand-picked, and we want them to stay for the rest of their careers," said Corkum. He added that the company will pay for law school for the staffer now studying for the LSAT.

Human resources professionals say that paying for employees' courses is a great motivator and retention tool for all companies, so a small business that offers tuition reimbursement will make itself more competitive when it comes to attracting and keeping good workers.

Beverly Kaye, an employee retention consultant in Sherman Oaks, Calif., said research has shown that one of the top reasons why workers stay with their companies is they're learning and growing on the job. Taking courses helps that process along.

"I'm a believer in paying for anything that in any way helps them be more effective on the job," said Kaye, co-author of the book "Love 'em or Lose 'em: Getting Good People to Stay."

Kaye suggests owners take the initiative and offer tuition reimbursement to staffers rather than waiting for workers to request it; employees will appreciate the goodwill behind the offer.

"It loses some of its panache if you wait for them to ask," Kaye said.

And don't presume to know what kind of course is right for a given staffer. Don't assume that a graphics designer, for instance, should only be taking a computer graphics course.

"What you need is to understand what challenges and motivates each individual employee," Kaye said.

Joyce Gioia-Herman, president of The Herman Group, a management consulting firm in Greensboro, N.C., doesn't have employees now, but when she did in the past, all staffers, as long as they worked at least 20 hours a week, were offered tuition reimbursement.

"We wanted it to be something that would develop them, but we gave it a very wide latitude," she said. "If somebody wanted to take a course, for instance in balancing their budget or some other real practical skill or ability they could acquire, that would help them feel better about themselves and their ability to function personally as well as professionally."

Tuition reimbursement isn't the only way to help employees learn; some businesses offer onsite learning.

Alfred Portale, owner of the upscale Gotham Bar & Grill in New York, has arranged for classes to be given at the restaurant, including English classes for workers who wanted to improve their language skills. Portale has also paid for individual language classes for some employees.

He also offers culinary education classes, including a wine program planned for later this year.

"I feel that people want to continue to learn in their positions," Portale said. "It's a very important component of the workplace _ if they feel they're learning, they're happy and stay on."

--from AP Online

AB 1825 Regulations Now In Force

The Office of Administrative Law has adopted the Fair Employment and Housing Commissions regulations for AB 1825 Sexual Harassment Supervisor Training.

What is a supervisor or supervisory employee? An employee who works in California means any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend such action to the employer. The exercise of that authority is not of a merely routine or clerical nature but requires the use of independent judgment.

How do I determine if I have "50 or more" employees? Employees include full-time, part-time and temporary workers or contractors for each working day in any 20 consecutive weeks in the current calendar year or preceding calendar year. The 50 individuals do not need to work at the same location or within the state of California.

What if I do not provide this training to my supervisory employees? The Fair Employment and Housing Commission may issue an order that compliance with these regulations occur within 60 days of the order.

What if my supervisors were trained in 2007 before these regulations were final? An employer that has made a substantial good faith effort to comply with the sexual harassment supervisor training requirements before the effective date of the regulations will be deemed in compliance.

Drug-Free Workplace

A Business Week article describes how to establish a drug-free workplace at your place of business.

I always warn clients - if you wish to establish a random drug-test policy - make sure to have employment counsel draft it for you. The laws simply change too frequently in this area.

Don't Get Scammed - Get your labor poster for free!

Today's Modesto Bee illustrates a popular scam, one we see every year.

You should place the updated poster in your workplace, but don't pay a dime for it.

Download it for free here.

The Biggest Hiring Mistakes

From our friends at Gevity:

1. Offering candidates uncompetitive compensation. Offering prospective hires a competitive compensation package is critical for small businesses, which often struggle to compete with larger companies on the basis of pay and benefits. While a competitive salary is a key part of any compensation package, candidates aren't just looking for cash. Benefits, such as health insurance and retirement plans, opportunities for growth and advancement, a positive work environment and flexibility also play a large role in a candidate's decision-making process. Focus the prospective hire on the total compensation package.

2. Relying strictly on traditional recruiting sources. Knowing where to find employees, both internally and externally, is essential for small businesses. While placing a classified ad in a newspaper may work in some markets and for some jobs, employers need to understand the full range of options that are available to them -- such as online job boards, university job fairs, recruiters or employment agencies. You can often build a pipeline of quality candidates by establishing relationships with key talent sources, such as schools and professional organizations.

3. Failing to market your company. Don't forget that while your company is evaluating applicants, those applicants are evaluating your company. Make their choice easy by showcasing your company's strengths, opportunities and positive culture.

4. Waiting until someone leaves -- or is long gone -- to fill critical positions. Not planning for or turning a blind eye to turnover is one of the most common mistakes small employers make. Start building a talent pipeline now, so when you do have a position to fill, you can quickly fill it with top talent.

5. Hiring solely based on job fit, not organization fit. While employers large and small tend to hire based on candidates' job skills and experience, research has shown that job fit is less important than organization fit. So when interviewing prospective hires, make sure that a good organizational fit is the ultimate goal of your selection process.

"The key to attracting exceptional employees lies in avoiding these hiring mistakes and establishing a well thought out recruiting plan for your business," explains David Sikora, Director of Research at Gevity. "You can't expect great employees to find you. You have to develop a recruitment and hiring strategy to identify, target and reach them. Once you do this, you'll greatly improve the caliber of your job candidates, lower your recruiting costs and ultimately produce better business results."

Re-Hiring Of Employees

Should you re-hire a former employee? Theories vary.

Lew Wasserman re-hired just one employee in his 60 years at Universal (Frank Price).

Jerry Perenchio, one of the savviest managers I've ever heard of, has 20 "Rules of the Road". Number 3 on his list is "Never rehire anyone."

There doesn't have to be a hard and fast rule for your business, but if you are considering a re-hire, here are some good tips (courtesy of Elarbee, Thompson, Sapp & Wilson, LLP).

People Don't Quit Bad Companies, They Quit Bad Bosses

From the Orange County Register:

An interview with an expert who discovered that only 3 in 10 employees are highly motivated - and found that the discontent is directly related to dissatisfaction with their bosses.

The answer: people management skills training for managers. We've said it before - managers are trained in everything except how to manage people.

The expert is Terry Bacon, who wrote this book based on his findings.

Great Management is a Skill

An interesting article in today's Seattle Post Intelligencer, which we totally agree with.

A corollary, which is only alluded to, is that you should look at all the managers you've worked for to see what talents they have which you can learn as well.

Employees and their Blogs

Here's a common sense, straight-forward way to manage the issue of employees blogging at (or about) work.

Remember - this, like all areas of HR - is about advance prevention. You need policies and procedures in advance of a situation happening and NOT waiting for the situation to happen, and then making a policy!

Problems With Reporting to Two Bosses

When an employee reports to two bosses, it creates a number of problems - especially when creating performance appraisals.

I'm spending more and more time with businesses redefining their organization chart to avoid the perils of employees having multiple reports.

Violence in the Workplace - Warning Signs

Five percent of all US businesses had a violence problem in 2006. It could literally happen to you.

The concern is identifying the person who may have the potential of violence. All of your employees should be on alert - and management should encourage any employee who has a concern to report it promptly.

A prominent author worked next to Ted Bundy for years and never knew.

It could happen to you.

Was Tony Soprano A Good Boss?

Of course not!

Although I'm not intimately familiar with the inner workings of New Jersey mobs, it's safe to say that Tony didn't exactly exemplify the characteristics of great managers.

Here's the article (thanks to USA Today).

To Micromanage Or Not To Micromanage

As tempting as it is to be involved in every facet of your business, you'll never be successful doing so - and you'll burn out your employees in the process.

Find them, train them, develop them, and let them go.

Performance Review On Yourself

The number one complaint we hear from employees is they don't receive enough feedback from their boss.

Many bosses are too busy, or aren't aware that feedback - positive or negative - is what employees crave from them.

If you're the boss - make sure to provide frequent feedback.

If you have a boss - now is a good time to review yourself.

Unauthorized to Work? They're still protected!

Although federal law prohibits the employment of aliens unauthorized to work in the United States, California law still protects them.

Make sure every employee hired since 1986 has a valid I-9 on file. Now's the time to do a self-audit - the likelihood of being audit by the INS (now Bureau of Citizenship) is increasing daily.

(Thanks to our friends at Shaw Valenza LLP)

Wage & Hour Tips

Courtesy of Fredrikson & Byron, a really good article that talks not just about the problem with wage and hour issues (overtime, meal breaks, etc.) but offers excellent tips for managing these issues.

Recommended Reading

The Tallahasee Democrat poses a question - why is sexual harrasment is prevelent?
(Answer is - because there's still ignorant people out there, and businesses aren't doing enough to prevent it).

Gannett News Service interviews the former Chairman of Lee Hecht Harrison, who believes that there are lots of lousy bosses out there.
(He's right!)

The Risks of E-mails

E-mail is a positive and negative. What's surprising is how many businesses have not taken steps to adopt a policy regarding e-mails. (Hint: Business use ONLY!)

This article is a little too legal in style, but it does a good job of presenting the perils of e-mails in the workplace.