October 2005
10/17/2005

FAQ
Consulting FAQs – What is Common Law?
What is a Tort?

Training News
Harassment Training Clock Counting Down

Consulting
Got Open Positions? We Can Help!

Featured Products
Looking for a New Payroll Service for January 2006?

The Must-have HR Desk Reference

Research
Trends in Health Insurance Plans

Feature Article
Workplace and Employment Law Update 2005

Social Security Numbers
How do you “verify” Social Security numbers for the I-9 process?

By contacting the Social Security Administration or another official means.
As required by law, my verification is a visual check of the number on a document presented by the employee.
Current Results

 
October
• Return to Standard Time
Last Sunday in October
• Holiday Pay Policy and Closures for Next Year
Beginning of 4th Quarter
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Workplace and Employment Law Update 2005
Employers Group’s annual Employment Law Update is back! You will receive 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. There will be presentations on leaves, harassment prevention, suggestions on how to keep your company out of court, and a comprehensive review of 2005 court decisions by Richard Simmons. You don’t want to miss this event...{Read More}

 

Trends in Health Insurance Plans
According to the latest survey conducted by the Kaiser Family foundation, in 2005 U.S. employers faced increases to their premium, averaging 9.2% -- which is actually a decrease of two-percent points from the 11.2% average increase reported in 2004. Although 2005 will be the first year where single-digit increases were experienced by U.S. employers since 2000, premiums have increased by 73%...{Read More}

Looking for a New Payroll Service for January 2006?
Now EG has partnered with Sage Software (formerly Best Software) to bring you a cutting-edge, Web-based solution. The low-cost, web technology service provides total payroll and tax compliance and easily integrates with Abra HR for a full HR/Payroll solution...{Read More}

The Must-have HR Desk Reference
Want to use what the policy makers use to make their HR decisions, then you need the “Wage and Hour Manual” by Richard J. Simmons, the dynamic Los Angeles attorney and California employment law guru....{Read More}

Got Open Positions? We Can Help!
Perhaps you are finding that it is harder to find great candidates, or that your positions are remaining open longer than they did in the past. A shift has occurred in the employment market from candidate-rich to job-rich, and we offer one of the best, lowest cost recruitment solutions that will make sure that you stay competitive in this new market dynamic and find the right people, fast...{Read More}

Harassment Training Clock Counting Down
If you have not yet conducted the required harassment prevention training required under the AB1825 legislation, you only have two months to get it done. Employers Group offers three solutions to help you meet this very important deadline. Employers Group offers:...{Read More}

Consulting FAQs – What is Common Law? What is a Tort?

Q: What is common law and why is it important?

A: In contrast to statutes and regulations, our common law stems from rulings made by judges deciding particular cases over the course of centuries of American jurisprudence, using shared principles to guide those judges’ decisions in specific cases with similar characteristics. Once a case is decided, it has precedence, and subsequent courts in the same jurisdiction presented with similar facts are duty-bound to follow that rule, until a set of circumstances force a judge to distinguish his or her case from that decision or overturn the ruling altogether. There are a specific set of principles – derived from these rulings – that guide judges deciding breach of contract claims, tort actions, and even suits brought to decide how a given statute (e.g., the Family and Medical Leave) is to be interpreted.

Q: What is a tort?

A: To insure civil order in society, the law imposes a public duty on every citizen not to cause certain types of injuries to others. If someone harms another, their reputation, or even their property – whether through an intentional act or an act of negligence – the law provides the aggrieved individual relief by permitting them to sue in tort. Torts may be the civil equivalent of a criminal action (e.g. civil assault and criminal assault), and in many cases, the victim may bring a civil action and press charges in a criminal forum as well – all for the same injury. Alternatively, torts may have no criminal equivalent, as in a claim for defamation or intentional infliction of emotional distress.

The real danger with a tort claim is in the remedies available to the injured party. To deter people from committing torts, the law provides the injured not just compensatory damages (e.g., damages that return the party to their state of being before the tortuous act was committed), but also punitive damages designed to punish the tortfeasor. Punitive damages can amount to large awards for aggrieved employees and explain why Human Resources professionals should always be wary of potential tort claims.

 

Workplace and Employment Law Update 2005

Employers Group’s annual Employment Law Update is back! You will receive 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. There will be presentations on leaves, harassment prevention, suggestions on how to keep your company out of court, and a comprehensive review of 2005 court decisions by Richard Simmons. You don’t want to miss this event.

This year’s event is called “Navigating California Employment Law: Guiding you through Workplace Challenges, Legislation, and Litigation” and features the following speakers and presentations:

Leaves of Absence
• Brent Giddens; Sonnenschein, Nath & Rosenthal

Panel Discussion: Current Workplace & Employment Issues
• Katharina M. Mueller: Mueller & Associates Consulting, LLC
• Lloyd Loomis; Sonnenschein, Nath & Rosenthal

The Art of Prevention: Boosting Productivity & Avoiding Litigation
• P. Anthony Burnham; Employers Group

Lunchtime Q & A
• Employers Group Helpline Consultants

Litigating a Harassment Lawsuit: Factual Theories from Both Sides of the Case
• Paul Hastings Team

The New HR Executive and How to Be One
• Leslie Hollis; Employers Group

The Year In Review: A Wage-Hour, EEO, And Legislative Update
• Richard Simmons/Derek Havel; Sheppard, Mullin, Richter & Hampton

Event Times & Locations:
Tuesday, November 8, 2005
Ontario Convention Center
Ontario, CA

Thursday, November 10, 2005
Los Angeles Convention Center
Los Angeles, CA

Tuesday, November 15, 2005
Doubletree Hotel
Santa Ana, CA

Thursday, November 17, 2005
Hilton San Diego/Del Mar
Del Mar, CA

Click here to view the Workplace and Employment Law Update 2005 Website.

Space is limited, so register early by calling (800) 748-8484 (option 3), or click here.

 

Trends in Health Insurance Plans

Health Plans have dropped to single digit increases

According to the latest survey conducted by the Kaiser Family foundation, in 2005 U.S. employers faced increases to their premium, averaging 9.2% -- which is actually a decrease of two-percent points from the 11.2% average increase reported in 2004. Although 2005 will be the first year where single-digit increases were experienced by U.S. employers since 2000, premiums have increased by 73%.

Regarding cost-reducing measures, the survey found that although a small number of employers offer Consumer-driven health plans, these plans are viewed by employers as a very effective method to controls rising costs.

In their 2004 Public Policy Monograph, the American Academy of Actuaries outlined the potential lower-costing benefits of Consumer-driven plans, including higher cost sharing between employer and employees, gains from forfeitures accounts, possible reduction in service utilization and a decreased role by the employer as a health care plan selector.

Although in the last few years the popularity of Consumer-driven plans has increased, firms with such a plan are still the minority. With the exception of large companies (employers with more than 5,000 employees) where such a plan is used by 20% of companies, Consumer-driven plans have been adopted by fewer than 2.3% of companies. Employers at this time seem to continue to embrace traditional plans because Consumer-driven plans are perceived to leave workers exposed to potentially greater out-of-pocket costs.

As you and your company examine ways to lower employees’ costs, let us remind you that Employers Group has survey information on traditional plans with a detailed look at the features including premiums, deductibles, and employer and worker contributions. For more information, please call Research Services @ 213.765.3969 or e-mail.

 

Looking for a New Payroll Service for January 2006?

Now EG has partnered with Sage Software (formerly Best Software) to bring you a cutting-edge, Web-based solution. The low-cost, web technology service provides total payroll and tax compliance and easily integrates with Abra HR for a full HR/Payroll solution.

With this easy to use, comprehensive, fully-outsourced service, you benefit from:

  • Standard Payroll available 24x7: standard payroll reports, real-time customer notification and no penalties guarantee
  • Employee payment: printing paychecks from your desktop (optional printing and delivery), check signature imaging and direct deposit service
  • Tax Filing: federal/state and local tax table updates and calculations, federal/state and local tax filing, and year end (W-2) processing service
  • Reporting: standard payroll reports, real-time electronic payroll reports, payroll pre-register confirmation report, real-time “out of the box” General Ledger posting, benefit accrual tracking, report delivery option and state new hire reporting
  • Integration: same look and feel as Abra HRMS interface and syncs all HR data with payroll service including benefits enrollment, employee attendance, payroll transactions

With a total solution from a single source, Sage Software has exactly what you have been looking for. For more information, call Joyce Weldon at 213-765-3999 or e-mail.

The Must-Have HR Desk Reference

Want to use what the policy makers use to make their HR decisions, then you need the “Wage and Hour Manual” by Richard J. Simmons, the dynamic Los Angeles attorney and California employment law guru.

11th Edition just released
Richard has just released his 11th edition of this highly successful manual, a must-have for any serious HR professional. This book runs the gambit of necessary information when dealing in any Human Resources capacity. An important go-to manual for every HR manager, personnel director, labor relations consultant or California labor attorney, it also serves as a perfect addition to any comprehensive law library.

Applicable to all California employers and used by Deputy Labor Commissioners throughout California, the book is truly a one-stop desk reference. It provides the best source available on: State and Federal Wage and Hour Laws, F.L.S.A., IWC Wage Orders, Labor Commission Policies and Government Contractor Laws. A problem-solving guide showing how to avoid common pitfalls that have resulted in substantial liabilities.

In addition, it covers in detail:

  • New Overtime Rules & Changes
  • Meal & Rest Period Rules & Penalties
  • Vacation Rules
  • Child Labor Restrictions
  • New Statutory Rules
  • Wage Setoff Practices
  • Waiting Time Penalties
  • New Drug & Alcohol Leave Rules
  • Compensatory Time Off
  • Travel Time Rules
  • New Sick Pay Rules
  • Alternative Scheduling Techniques
    • 12-Hour Shifts
    • 10-Hour Shifts
    • 9/80 Schedule
  • Sample Forms And Agreements
  • New Minimum Wage Requirements
  • Independent Contractors
  • Uniform And Tool Requirements
  • Government Employer Rules
  • New Exemption Standards
  • AB 60 Requirements

This book and many others by Mr. Simmons are available through the EG Store at discounted member rates. To order or for more information please call our Member Service Center at (800) 748-8484. Or, to shop on-line please visit the EG Store.



Got Open Positions? We Can Help!

Perhaps you are finding that it is harder to find great candidates, or that your positions are remaining open longer than they did in the past. A shift has occurred in the employment market from candidate-rich to job-rich, and we offer one of the best, lowest cost recruitment solutions that will make sure that you stay competitive in this new market dynamic and find the right people, fast.

Our recruitment partner, Decision Toolbox has helped many Employers Group members fill hundreds of positions across all industries, levels and locations, all for an average Cost Per Hire of 7% of first year salary. On average, they deliver the candidate who is ultimately hired within 11 days of project launch. Here’s an example of an EG member success story:

Case Study – Isuzu Motors

Recruitment Challenge: To staff a new accounting department with a “cream of the crop” team of nine professionals – as quickly as possible.

Decision Toolbox Results: Average Cost Per Hire: 7.7% of first year salary
Average Days to Present Each Hired Candidate: 8
Average Interview to Hire Ratio: 3:1
Average Days to Fill Each Position: 14
Offer Acceptance: 100%

Comments from Isuzu’s HR Director: “Decision Toolbox has… helped us to build [our new accounting] department. We have been more than pleased. All of the feedback I have received from the hiring managers has been very, very positive. They are filling them faster than I can get the offer letters typed up! Thank you.”

Take Advantage of Low Prices – Act Now!

Effective November 1st, a slight change will take effect in Decision Toolbox’s pricing. Call now and "reserve" any number of projects for activation in December and January at the current price.

View a demo of these services (a previous Employers Group job opening). For more information on recruitment solutions offered to EG members through Decision Toolbox, call Employers Group at (800) 748-8484 Option 3.



10 Months Down, 2 to Go: Harassment Training Clock Counting Down

If you have not yet conducted the required harassment prevention training required under the AB1825 legislation, you only have two months to get it done. Employers Group offers three solutions to help you meet this very important deadline. Employers Group offers:

  • On-Site - conducted at your worksite during the times and dates that you desire. Our trainers are very booked and if you would like this delivery approach, please contact us ASAP.
  • On-Line - trainees can start, stop and resume training according to their individual timeframes. This approach can allow you to quickly train your employees with the ultimate in flexibility. Contact us to participate in a weekly demo on how this program can work for your company.
  • Public Programs - If you only have a handful of employees to train, Employers Group offers convenient 2-hour programs throughout Northern and Southern California. Registration available online at employersgroup.com.

What happens if you do not comply?
The deadline has not yet arrived so there has been no precedence set; however, it is conceivable that the following can occur if a harassment suit is filed and proven at your company:
Punitive damages can be awarded by not effectively completing training by the deadline.

  • Avoidable consequences defense would be unavailable because the employer did not discharge its legal duty to have the training finished by the deadline.
  • Insurance coverage could be lost because non-compliance could be construed as an intentional act of not completing the training by the deadline.
  • Decision makers could be held personally liable for intentional failure in not approving the training in a timely manner to meet the training deadline.

It is not too late!
You still have until December 31st. If you have not yet conducted your harassment training or need to find out if the AB1825 applies to you, just call Employers Group at (800) 748-8484 and ask for Jeff Hull. If it does apply to you and you need to obtain training before the end of the year, then you can sign up via Jeff.




Consulting FAQs

Q: What is common law and why is it important?

A: In contrast to statutes and regulations, our common law stems from rulings made by judges deciding particular cases over the course of centuries of American jurisprudence, using shared principles to guide those judges’ decisions in specific cases with similar characteristics. Once a case is decided, it has precedence, and subsequent courts in the same jurisdiction presented with similar facts are duty-bound to follow that rule, until a set of circumstances force a judge to distinguish his or her case from that decision or overturn the ruling altogether. There are a specific set of principles – derived from these rulings – that guide judges deciding breach of contract claims, tort actions, and even suits brought to decide how a given statute (e.g., the Family and Medical Leave) is to be interpreted.

Employers must remain abreast of not only statutory and regulatory developments but also these case law developments, particularly in their jurisdictions. Just because word of a new rule does not come from our legislative bodies – state and/or federal – it does not mean the rule carries any less force or effect from a compliance perspective.

Q: What is a tort?

A: To insure civil order in society, the law imposes a public duty on every citizen not to cause certain types of injuries to others. If someone harms another, their reputation, or even their property – whether through an intentional act or an act of negligence – the law provides the aggrieved individual relief by permitting them to sue in tort. Torts may be the civil equivalent of a criminal action (e.g. civil assault and criminal assault), and in many cases, the victim may bring a civil action and press charges in a criminal forum as well – all for the same injury. Alternatively, torts may have no criminal equivalent, as in a claim for defamation or intentional infliction of emotional distress.

The real danger with a tort claim is in the remedies available to the injured party. To deter people from committing torts, the law provides the injured not just compensatory damages (e.g., damages that return the party to their state of being before the tortuous act was committed), but also punitive damages designed to punish the tortfeasor. Punitive damages can amount to large awards for aggrieved employees and explain why Human Resources professionals should always be wary of potential tort claims.