October 2004
10/19/2004

Feature Articles ...
Employers Group Offers Corporate University Training

FAQs...
Affirmative Action Plans and EEO-1 Surveys

Featured Products...
Sexual Harassment
Is your company at risk? This training manual can help

Are you Tracking your Employees' Training?

Consulting...
7 Tips for Companies Facing a Government Audit

Training News...
Sexual Harassment Training is Now Required by Law
Have your employees been trained?

Get Your Lift Truck Training Before the End of the Year!

Special Events...
Employment Law Update
Southern California

Employment Law Update
Northern California



Research...
2004 Healthcare Insurance Survey
- Plus, Human Resources Practices Survey (as a free bonus) Now Available at a Special Price

November
• Holiday Related Articles (Party, Gift Giving, etc.)
• DLSR Adjusts Exempt Computer Professional Hourly Rate (Tied to CPI)
Adjusted 10/01, effective 1/01 of following year
• Remind employees to report name changes due to marriage, divorce etc. to SSA
• Communicate Benefits Changes/Open Enrollment
• Profit-sharing/401(k) Plans: Gather Data to Determine whether plan sponsor will make discretionary contributions
Late November (fiscal year: near end of plan year)
•401(k), Other Contributory and cafeteria plans: provide salary reduction agreements to plan participants for next calendar year
Time Off to Vote

With the November 2 Election around the corner, it is a good time to remind employers of the California state law that requires employers to post a notice advising employees of the provisions in California Elections Code Section 14001.

Employees are eligible for paid time off to vote only if they do not have sufficient time outside of working hours to vote. Employees can be given as much time as they need in order to vote, but only a maximum of two hours is paid. Voting hours are from 7 a.m. to 8 p.m. Employers may require time off at the beginning or end of employee shifts.

Employers must post a notice 10 days before a statewide election and should be posted in the workplace or where it can be seen by employees as they enter or leave their place of work.

For the official notice from the Secretary of State’s office, click here

When was the last time you provided any type of comprehensive Supervision and Managment training to any of your company's managers and supervisors? (Check the answer that best applies)

Within the last 6 months
Within the last 12 months
Within the last 2 years
None in the last 5 years
Never


Current Results
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Ballot Reminder! Vote No on Prop. 72
[Read More]

Employers Group Offers Corporate University Training
- and helps businesses obtain state funding to pay for it!
Have your employees expressed interest in training? Are you finding that the content that many providers deliver does not meet your standards? If and when you have provided training, were the trainees able to relate the training to their work environment... [Read More]

Affirmative Action Plans and EEO-1 Surveys
Q: Who is required to have an affirmative action program?
A: Only federal contractors and subcontractors are required to develop a written affirmative action program (AAP) under Executive Order 11246. Employers who have contracts with other governmental entities such as states, counties and cities have to comply with the requirements as defined by those entities...[Read More]

Sexual Harassment
Is your company at risk? This training manual can help.
Every workplace in America is vulnerable to sexual harassment claims. Statistically, they are among the most common claims filed against employers. While experts recognize that prevention is the best cure, employers often wait until claims are filed to address the problem... [Read More]


Are you Tracking your Employees' Training?
A Human Resources Management (HRMS) can simplify the job.
Is tracking training for your company a full-time job? Do you keep spreadsheets for each training program? How do you look up a specific employee’s training records? Do you have to go to several sources, or is it neatly stored in one easily accessible database... [Read More]

 

Effective January 1, 2005... the hourly rate for exempt computer professionals in California is $45.84.

 

7 Tips for Companies Facing a Government Audit
Employers tend to view government agencies as their foes during audits and investigations about equal employment practices. Sometimes, however, an employer’s worst enemy might be themselves. Here are seven measures companies can take before and during an audit or investigation that can help bring about a happy ending...
[Read More]

 

Sexual Harassment Training is Now Required by Law
Have your employees been trained?
Recent legislation on Sexual Harassment (AB 1825) will require employers with 50 or more employees to provide 2 hours of training and education to all supervisory employees, within one year of January 2005... [Read More]


Get Your Lift Truck Training Before the End of the Year!
Attention members interested in Lift Truck Training! Register for training before the end of the year and save. Effective January 1, 2005 our preferred training vendor will raise its rates.... [Read More]

Plan your 2005 Training Budget Now

If you are planning employee training next year, now is a good time to get a training budget in place. Here are some points to keep in mind when you use Employers Group for training your employees:

  • Compliance and harassment training
  • Management and supervisory skills
  • Soft skills training
  • State-funded training
  • Refundable deposits
Visit our website to see all of our 2005 courses

Employment Law Update - S. California
Will California Turn the Corner?
6 HRCI Units. MCLE Units Available
Employers Group’s annual Employment Law Update is back! Come hear up-to-date information about new legislation that has been passed as well as practical advice for improving your methods for dealing with this year’s important issues...
[Read More]


Employment Law Update - N. California
presented by Atkinson, Andelson, Loya, Ruud & Romo
California is a challenging place to be an employer. Join our special guests for candid discussion on what Sacramento and Washington are really doing and what it means to you as an employer.[Read More]

2004 Healthcare Insurance Survey
- Plus, Human Resources Practices Survey (as a free bonus)
Now Available at a Special Price

Our annual survey on Employee Healthcare Insurance is now available. With data submitted by 260 firms, this survey is a good representation of what CA firms are currently experiencing regarding healthcare costs... [Read More]

 

Employers Group Offers Corporate University Training - and helps businesses obtain state funding to pay for it!

Have your employees expressed interest in training? Are you finding that the content that many providers deliver does not meet your standards? If and when you have provided training, were the trainees able to relate the training to their work environment?

Employers Group (EG) is pleased to announce a brand-new type of on-site training for California businesses: Employers Group Corporate University Training. You have probably heard of corporate university training before. Many large companies have had these programs for years. Typically corporate universities combine training programs delivered by outside professionals, inside experts and other stakeholders to address specific company problems or issues. The corporate university model offers employees a full array of training choices that meet both employee and corporate needs.

How is this corporate university model different?
EG’s model is focused on small and mid-sized businesses that do not have the internal expertise to handle many of the company’s external training needs. EG’s training encompasses a full portfolio of offerings from soft skills to lean manufacturing and from compliance-related to computer skills training.

How does the training meet your needs?
Training has to focus on a business need. Throwing training at a perceived “issue” without understanding its cause is a waste of time, resources and, most of all, money. EG’s experts will meet with you and your executives to discuss your individual issues, problems and concerns—as well as meet with your employees/trainees before the program is developed. Oftentimes, it is from these employees that many of the issues come to light.

What makes EG different from other providers?
Many of our topics are experiential in nature—not “off the shelf” training programs. Trainees are presented with key concepts and theories and then go through a behavioral simulation meant to change behavior or see different ways to go about a process. Trainees can analyze what they have done in the simulation and connect the theory and activity with on-the-job or real-life situations. This is a proven training technique for adult-learners and helps trainees make the connection between training and work.

EG goes an extra step by providing trainees with a tool at the conclusion of each module to assist them in applying training to their work environment. Invariably at the end of training, employees appreciate their new skills and enjoy a sense of accomplishment. The company then retains a workforce that is rejuvenated, motivated and re-tooled.

How much will the training cost?
Fortunately, almost all of the topics under the corporate university model qualify for state funding. EG can quickly assess whether your company meets state eligibility criteria and then will discuss how state funding can easily work for you. State-paid training can start in as little as three weeks with very little paperwork and no interaction with the state. If your business does not qualify for state funding, EG offers fair rates for all of its corporate university on-site training sessions.

Other ways to take advantage of state-funded training
EG has long been involved in state-funded training. In fact, in the past two years, the association has directly trained almost 3,500 employees in over 100 companies throughout the state. To obtain more information on the corporate university model, other EG training opportunities, or to find out how your business can qualify for state funding, please contact Jeffrey Hull, Employers Group’s Director of On-Site Training at (213) 765-3941 or jhull@employersgroup.com.

 

Affirmative Action Plans and EEO-1 Surveys

Q: Who is required to have an affirmative action program?

A: Only federal contractors and subcontractors are required to develop a written affirmative action program (AAP) under Executive Order 11246. Employers who have contracts with other governmental entities such as states, counties and cities have to comply with the requirements as defined by those entities.

Any non-construction contractor or subcontractor with 50 or more employees is required to develop a written Affirmative Action Program (AAP) for each establishment within 120 days from the start of the federal contract, if it:

  • Has a federal contract or subcontract of $50,000 or more;
  • Has government bills of lading which in any 12-month period total, or can reasonably be expected to total, $50,000 or more;
  • Serves as a depository of federal funds in any amount; or
  • Is a financial institution that is an issuing and paying agent for U.S. savings bonds and savings notes in any amount.

Q: Who is required to file an EEO-1 survey?

A: The EEO-1 survey form must be filed by all private employers who have 100 or more employees and who are subject to Title VII of the Civil Rights Act. Some employers with fewer than 100 employees must file because the company is owned by or affiliated with another company or are under centralized ownership, control or management such that the entire enterprise constitutes a singe enterprise that employs a total of 100 employees.

Federal contractors with 50 or more employees also must file the EEO-1 form if they are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or serve as a depository of Government funds in any amount, or are financial institutions that are agents for U.S. Savings Bonds and Notes.

 

 

7 Tips for Companies Facing a Government Audit

Employers tend to view government agencies as their foes during audits and investigations about equal employment practices. Sometimes, however, employers' worst enemy might be themselves. Here are seven measures companies can take before and during an audit or investigation that can help bring about a happy ending.

  1. Lay down the Ground Rules: Employers need to know what documents are being provided to the investigating agency and what is contained in those documents. Don’t make the mistake of letting the auditors control the audit. There have been instances where employers allowed auditors from the Labor Department's Office of Federal Contract Compliance Programs (OFCCP) free reign to find whatever they needed from the company’s personnel files.

    Investigators should never be given free access to your premises and your files. A better approach is to provide everything the investigator needs, knowing what is in those documents, and preparing a separate office for the investigator to perform his or her duties. Investigators should also be prevented from roaming the hallways and questioning employees at random.
  2. Always check the math: Investigations often become entangled in debates over the agency’s analysis of the firm’s internal data. Before wasting a lot of time debating the outcome, the employer should check the analysis. In two out of three cases, an erroneous calculation is made or the input data is incorrectly configured.
  3. Maintain a “brag book.” HR should develop a notebook highlighting the firm’s formal and informal affirmative accomplishments (Good Faith Efforts). Such a book might include awards, news clippings, and memos discussing the achievement of important affirmative action goals. A brag book demonstrates a commitment to these issues and makes a good impression on auditors.
  4. Adopt an “all or nothing” approach to settlements: A specific allegation that one investigator uncovers could re-emerge through an inspection by another jurisdiction, considering the federal, state, and local equal employment agencies that conduct audits. In settling a single problem, make sure the allegations cannot show up with another agency.
  5. Create transparent promotion and hiring processes: Employers should establish job posting systems that offer the entire employee population options for bidding on open positions. While such systems can be cumbersome, they prevent agency complaints and private litigation asserting that promotions and hiring are secretive, unfair, or discriminatory.
  6. Develop a cooperative working relationship with investigators: While an audit can be uncomfortable, many issues can be cleared up through flexibility, cooperation, and accommodation.
  7. Finally, get the CEO involved: Employers should give agency investigators access to the organization’s Chief Executive Officer during a review. Interaction with the top person in the organization generally makes a good impression, especially when it is clear the executive is committed to the principles of equal employment. The chief executive who understands the importance of the issues and knows how to sell the organization’s values is essential—whether the audience is stockholders, prospective clients, or government investigators. The OFCCP wants to know whether the CEO understands affirmative action, the advancement of women and minorities within the company, and cares about it.

SPECIAL OFFER -- A Free “Mock Audit”

To get a sense of the realities companies face with an OFCCP audit, Employers Group is offering a FREE “Mock Audit” to assess your affirmative action programs. This free no-obligation offer will include an executive summary of the outcomes and recommendations.

Our compliance expert will focus on the issues involved in real audits and provide you with practical information on how to prevent and defend against deficiencies associated with the affirmative action regulations. Interested employers will learn what to do when they receive a scheduling letter from the OFCCP, as well as what mistakes to avoid by going through a simulated audit. Our experience is validated by the EG members we have helped go through the real thing.

If you are interested in this special offer, available for a limited time through November 15, 2004, contact Ahmed Younies, Director of Compliance Programs at 800-748-8484 extension 3942 or e-mail ayounies@employersgroup.com


Sexual Harassment
Is your company at risk? This training manual can help.

Every workplace in America is vulnerable to sexual harassment claims. Statistically, they are among the most common claims filed against employers. While experts recognize that prevention is the best cure, employers often wait until claims are filed to address the problem.

Employers must take direct and immediate steps to prevent harassment under the law. With all this uncertainty about workplace harassment facing employers today many HR managers may feel they have no resources to guide them through this maze of potential liability.

In his new book, “Sexual Harassment Training Manual and Prevention Kit,” attorney Richard J. Simmons provides essential advice to employers regarding prevention steps, including training, complaint procedures, investigation techniques, and corrective action measures. The book provides tools, including training outlines, quizzes, sample policies, and “promise” statements, that will help employers avoid problems altogether and win cases that are unfounded. Some of the subjects addressed are:

  • Guidelines For Prevention
  • Analysis Of EEOC Guidelines
  • Legal Responsibilities
  • Standards For Discipline
  • Orientation Checklist & Form
  • Investigation Guidelines
  • Rules Against Retaliation
  • Grievance Machinery

This publication and many others by Mr. Simmons are available through the EG Store at a discounted member rate. For more information you can visit our web site at http://www.employersgroup.com or you can call our Member Service Center at 800-748-8484 and select option #2 to speak to a representative.



Are you Tracking your Employees' Training?
A Human Resources Management System (HRMS) can simplify the job.

Is tracking training for your company a full-time job? Do you keep spreadsheets for each training program? How do you look up a specific employee’s training records? Do you have to go to several sources, or is it neatly stored in one easily accessible database?

Tracking employees training is becoming more important as legislation and court cases make employers responsible for proving they have provided the necessary training and guidance to their employees. Proper training and tracking of sexual harassment prevention, safety training, etc. can reduce an employer’s liability, and make the workplace a safer, more respectful environment.

A good HRMS will have a training module that allows you to keep track of training requirements and courses attended by your employees. The ability to have this information in one easily accessible place can save hours of entering redundant information, tracking down information, answering questions, and reviewing your employees’ progress.

Here are just a few of the ways an HRMS can help you track training:

  • The ability to have course outlines and schedules on-line for employees and managers to review.
  • On-line sign-up for classes, right from the employee’s computer.
  • The ability to restrict class size, and automatically close a class when enrollment is full.
  • Training and HR Managers can quickly review course enrollment and print out course sign-in sheets.
  • Keep track of required job related training, attendance, grade, etc.
  • Track courses or continuing education taken at other facilities.
  • Instantly access a specific employee and see their training history.
  • Instantly access a course and see who has attended it, or who hasn’t.

Employers Group has two different HRMS solutions for our members. Whether you are looking for a web-based, outsourced solution like eeAccess, powered by UltiPro, or an in-house solution like Abra, we can help you.

For further information, contact Joyce Weldon, HRMS Product Manager, at Employers Group, at 1-213-765-3999 or jweldon@employersgroup.com.

 

 

Sexual Harassment Training is Now Required by Law
Have your employees been trained?
Recent legislation on Sexual Harassment (AB 1825) will require employers with 50 or more employees to provide 2 hours of training and education to all supervisory employees, within one year of January 2005, unless the employer has provided sexual harassment training to employees after January 1, 2003.

What Employers are Covered?
The law defines a covered "employer" as one that employs 50 or more persons, which includes temporary service employees and independent contractors. The law does not specify that the 50 employees must be within California. That means that an employer with 50 total employees may be covered by the law, even if just a few workers are in California.

What Training is Required?
The law provides general guidance concerning the scope of the training. The training must include "information and practical guidance" regarding federal and state laws that prohibit sexual harassment, including prevention and correction of harassment, and remedies available to victims. The statute specifically requires employers to use "practical examples" aimed at preventing harassment. The training must be presented by "trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation."

Significantly, the training must be in a classroom or an equally effective interactive environment. Because of the term "interactive," a video presentation alone without questions and answers, role playing, and other interactive methods may be insufficient. For more details on AB 1825 (click here) to read the bill.

3 Employers Group Training Options on Sexual Harassment

  1. Come to a Public Workshop
    We have updated our content and have two remaining classes this year. The class meets from 8:30-12:30. Sign up NOW for one of the following:
    • 11/16/2004 Sexual Harassment Prevention
      Corona Chamber of Commerce
    • 12/03/2004 Sexual Harassment Prevention
      Transamerica Center – Los Angeles

  2. Want us to come to you?
    ACT NOW!!! For just $1,000, we will administer a three-hour training session for up to 50 employees. This will also include a master set of Employers Group materials.

    We can work with your employees directly at your location by customizing Harassment Training for you. Please contact jhull@employersgroup.com or your Professional Services Manager for more information.
  3. Looking for an online solution?
    Our online harassment prevention training is essential to your affirmative legal defense, delivers a consistent pro-employer message, covers all forms of harassment, and is authored by top employment attorneys. Even better, it is updated as the laws change. Click here for a live demo now http://www.employersgroup.com/workplaceanswers/index.jsp


 

Get Your Lift Truck Training Before the End of the Year!

Attention members interested in Lift Truck Training! Register for training before the end of the year and save. Effective January 1, 2005 our preferred training vendor will raise its rates. Employers Group will implement this price increase in 2005 affecting both Lift Truck Operator and Lift Truck Instructor classes.

2004 Rates
through 12/31/04
2005 Rates
effective 1/1/05
Member
195.00
295.00
Non-Member
225.00
325.00

All registrations for 2004 will remain at current pricing. Please contact Stephanie Loya, 213-765-3937 for further information.


Employment Law Update - Southern California
Will California Turn the Corner?
6 HRCI Units. MCLE Units Available

Employers Group’s annual Employment Law Update is back! Come to hear up-to-date information about new legislation that has been passed, as well as practical advice for improving your methods for dealing with this year’s important issues. Our speakers are renowned experts in their fields and the information is hot off the press! For more detailed information please go to our website www.employersgroup.com/elu2004.htm

Featuring presentations by local experts:

  • California Case Law
    • Allen Graves, Graves & Associates
      Allen Graves will discuss important cases of 2004 that have impacted the way we run our businesses
  • Leaves of Absence
    • Brent Giddens, Sonnenschein, Nath & Rosenthal
      Brent Giddens will discuss all of the Leaves of Absence that are now available to employees within California. He will explain how they interact with each other and what is on the forefront legally with these leaves.
  • Wage and Hour Update
    • Richard Simmons, Sheppard, Mullin, Richter & Hampton
      Richard Simmons will focus on recent changes signed by the Governor and their impacts on businesses. He will also go over updates in Wage and Hour Laws.
  • Workers' Compensation
    • Glenn Silverii, Glenn L. Silverii & Associates
      Glenn Silverii will provide an overview of the many recent changes in Workers' Compensation and offer tips on controlling your costs.
  • 2004 Summary & Forecast for 2005
    • George S. Howard Jr., Pillsbury Winthrop
      George Howard will provide a overview of 2004 employment law changes and will look forward to 2005. He will touch on new legislation and go over political hot buttons and other issues to be aware of.
Event Times & Locations:

Thursday, Nov. 4, 2004
Doubletree Hotel
Santa Ana, CA

Tuesday, Nov. 9, 2004
Ontario Convention Center
Ontario, CA

Wednesday, Nov. 10, 2004
Ventura Beach Marriott
Ventura, CA

Tuesday, Nov. 16, 2004
Del Mar Hilton
Del Mar, CA

Thursday, Nov. 18, 2004
Westin Bonaventure
Los Angeles, CA


Fees and Registration:
Early Bird Registration: (ends October 29)
$150 - Members
$125 - 3 or more members

Regular Registration: (after October 29)
$175 - Members
$200 - Non-members
$150 - 3 or more members

Register Now!!!

 

 

 

Employment Law Update - Northern California
presented by Atkinson, Andelson, Loya, Ruud & Romo

California is a challenging place to be an employer. Join our special guests for candid discussion on what Sacramento and Washington are really doing and what it means to you as an employer.

Our luncheon panel will feature Gene Boehmke, a leading consultant on California Wage and Hour Law, Harold Datz, one of the nation’s most respected attorneys on traditional labor matters and counsel to Chairman Battista of the National Labor Relations Board and Arthur Webster, retired from a leading position with organized labor and now a Labor Relations and Training Consultant to California Employers.

Special Sessions On Hot Topics:

  • Employment Case Law and Legislation
    8:00am - 9:15am

    A review of current employment case law, including a discussion on the impact of pending legislation affecting employers in California.
  • What’s Happening with Workers’ Compensation?
    9:30am - 10:30am

    What does the recent passage of SB 899 mean to your company? Key issues in workers’ compensation including control over treating physicians, medical standards and excessive litigation are addressed in this landmark bill. Learn how the reforms in workers’ compensation will affect your business.

Breakout Sessions:

  • You’re On Trial: Taking Your Deposition
    10:45am - 11:45am

    What if your deposition will be taken in a harassment claim against your company? Your testimony may save the day or sink the ship. Learn about the process to limit company liability.
  • COBRA 2005: What’s New?
    10:45am - 11:45am

    More final regulations, effective 2005, will be addressed. Having dealt with COBRA since its passage in 1986, the speaker will also address pitfalls and hints, as well as the state equivalent – CalCOBRA.
  • Labor and the Law: Hot Decisions and Future Trends
    10:45am - 11:45am

    The latest tactics used by labor and plaintiffs’ bar. Employers can learn how to reduce risks and avoid potential pitfalls.

Time and Location:
Thursday, October 21, 2004 • 7:30am - 1:00pm
Hilton Hotel Pleasanton
7050 Johnson Drive
Pleasanton, CA 94588

Fees:
$69 per person*
$99 at the door

Register Now!!!

* Registration fee includes: comprehensive materials from all sessions, continental breakfast, and lunch. We reserve the right to add or revise course content as events dictate.

 

2004 Healthcare Insurance Survey
- Plus, Human Resources Practices Survey (as a free bonus)
Now Available at a Special Price

Our annual survey on Employee Healthcare Insurance is now available. With data submitted by 260 firms, this survey is a good representation of what CA firms are currently experiencing regarding healthcare costs. The survey covers the four major medical plans plus, practices covered along four coverage tiers, i.e., single, family, etc. General plan practices and cost containment techniques are also covered by the survey.

The four major plans include:

  • HMO – Health Maintenance Organization
  • PPO – Preferred Provider Organization
  • POS – Point of Service
  • Indemnity Plans – Traditional Insurance/Fee-for-Service Plans

Features include:

  • Types of Plans Offered
  • Enrollment Practices
  • Employee/Employer Premium Contributions, as a percent and a dollar amount
  • Premium Costs
  • Deductibles
  • Maximum Lifetime Benefits
  • Out-of-Pocket Expenses
  • Prescription Benefits
  • And More . . . . .


This survey is available only to EG members. The regular price for this report is $95.00, but as part of the October Email Extra promotion we will discount $10 off the regular price and as an added bonus include the 2004 Human Resources Practices Survey on CD-ROM* (a $375 value) at no additional cost.

*The 2004 Human Resources Practices Survey on CD-ROM contains 700 pages of data, covering vacation policies, pension plans, 401(k) plans, flexible work schedule policies, and much more.

To order your copy of the 2004 Healthcare Insurance Survey with your free CD-ROM containing the 2004 Human Resources Practices Survey, please contact Carmen Chavez at cchavez@employersgroup.com or at 213.765.3920, mention this October EG Email Extra offer.

Please note: $5 handling, $5 shipping, and county sales tax will be added to each order.


- A great addition to your Employers Group 2004/2005 Survey Library.