TPO's Employment Update


n  Harassment Training

n  What a Great Retreat!

n  Training Calendar

n  2007 Posters

n  Legislative Update

n  Minimum Wage

n  HR Rumors



All of us at TPO wish to extend a heart-felt thank you for choosing TPO as your HR partners, and for the many wonderful relationships that have evolved over the past fifteen years.

We wish you health and prosperity in 2007, and look forward to the opportunity to support your HR goals and objectives next year and in years to come!


Training Calendar

CA Employment Essentials (HR101)

- a training series focusing on the regulatory compliance and HR best practices - the information & skills supervisors & managers need to keep themselves and the organization out of hot water!

n February '07

n March - April '07

Management Excellence Series

- a training series focusing on practical leadership and communication skills to help managers develop or refine their effectiveness as leaders!

n March '07

n April - May '07

Specialized Workshops

n Prevention of Harassment Jan 18

n FMLA/CFRA/PDL Compliance March 7

n Excelling as a First Time Manager Apr 18

n I'd Rather Not Discuss It June 12




Order your laminated labor law poster that includes ALL REQUIRED State and Federal Labor Laws & Regulations.

Posters are available for all states in English and Spanish.

An "all-in-one" solution at the low price of $35.00.

Click here to order your updated posters!



CA Clarifies Required Harassment Training for all Supervisors

The 2005 Regulations: In 2005, CA employers with 50 or more employees were required to provide 2 hours of harassment training for all supervisors and planning for additional 2 hours of training every two years thereafter. Additionally, newly hired/promoted supervisors were required to be provided training within 6 months of hire/promotion.

Clarifications to the Regulation: On November 14, 2006, final regulations were adopted and are expected to be chaptered into CA law in February 2007. The final regulations (which can be viewed in their entirety at contain significant changes and requirements for California employers. Of particular importance are the following clarifications:

n Frequency of Training: An employer may choose how they track the two-year period in one of the following, or a combination of the two methods:
1. Training Year: For most employers, this is the easiest method and would mean that 2005, 2007, 2009, etc. are training years where the training must be completed within that calendar year.
2. Individual Tracking: This method measures two years from the date the employee was last trained.

n Other forms of Harassment: While the regulations only reference "sexual harassment", the Department of Fair Employment and Housing (DFEH) encourages the training include critical information on discrimination in general and specifically on other forms of harassment (age, race, religion, disability, etc.). The broader topic of harassment and discrimination can be conducted within the two-hour requirement.

n Duplicate Training: A supervisor who has received harassment prevention training within the prior two years from a previous employer is not required to attend duplicate training within 6 months of hire., however, since the burden of proof is on the current employer to show that the prior training was legally compliant, the best HR Practice is for the new employer to provide current harassment prevention training.

n Managers Outside of CA: Clarification via AB2095 has confirmed that supervisors outside CA who manage employees in CA are not legally required to be provided harassment prevention training, however, the best HR Practice is to provide current harassment prevention training to all supervisors who manage employees in CA. Further, an even better HR Best Practice is to provide harassment prevention training to all employees and supervisors regardless of where they reside.

n Interactive E-Learning: E-learning must be "interactive" which provides a link or direction on how to contact directly trainers or educators. Additionally, these trainers or educators provide guidance and assistance on harassment training issues within a reasonable time frame, but no more than two business days after the question is asked.

TPO's Position:

TPO believes that the best way to convey the seriousness of this topic is to provide "classroom" training conducted by a qualified trainer with substantial experience in the topics of harassment. TPO has trained over 5,000 employees, supervisors and managers in the past six years on "The Prevention of Harassment and Discrimination" programs in both English and Spanish.

NEW TPO Harassment Programs for 2007!

TPO has prepared an all NEW Harassment program for 2007!

Give TPO a call to discuss why "live" training is the most effective way to convey the organization's policies on harassment and discrimination in the workplace.



"It was well planned, great participation, we had fun while we worked as a team to agree on our critical goals, we solved "unmentionable" conflicts, we have a plan to get it done - know our priorities, and we're charged up and ready to go! 2007 will be a break-through year!"


Are you planning a Management, Executive, Board or Team Retreat?

Day, Full-Day, Multiple Days - Our location, yours or another...we help you plan and execute your agenda, including these topics and more:

n  Organizational Change

n  Revitalize Culture & Commitment

n  Strategic Planning

n  Vision, Mission & Direction

n  Creative Problem Solving

n  Align the Focus on What Matters

n  Executive Development

n  Leadership Team Communication & Performance

n  Management Skill Building


Contact LaTonya Olivier, SPHR, Sr. TPO Consultant at and really get the results you want from your event!



TPO reported on the status of CA's 2005-2006 legislative session reported in the last issue of TPO's eNews Upd@te.

For a full recap of 2007 Employment Laws, don't miss the TPO/Littler 2007 Employment Law & Leadership Conference on January 30 at Embassy Suites Monterey Bay.

Following are two Wage & Hour developments which will affect many employers:

1. Computer Software Professionals Must Earn More in 2007 to meet CA Exemption Requirements.

Computer software professionals can qualify for overtime exemption if they meet certain duties requirements and are paid a specified hourly rate, set annually based on inflation rates by the state Department of Industrial Relations. On Jan. 1, 2007, the minimum hourly rate for exempt computer software professionals will be $49.77, up from $47.81 in 2006. Annualized based on an employee who works 2080 hours per year, the annual amount is $103,522. Make sure to audit the pay practices related to these professionals to ensure the exemption is maintained.

HR Best Practice: Determining if a position is "exempt" from overtime requirements is not a matter of choice. Rather, federal and state requirements specifically outline which positions qualify for the exemption. If you have any questions about the exempt vs. non-exempt status of positions, please contact us!

2. Employees in the City of San Francisco City Are Now Required to be Provided Paid Sick Leave.

San Francisco is the first city in the United States to require private-sector employers to provide paid sick leave for employees, including part-time and temporary workers, who are employed within the city's geographic limits. Proposition F becomes effective February 5, 2007

Under the Ordinance, employees earn one hour of paid sick leave for every 30 hours worked. Employees begin to accrue leave after 90 days of employment. The maximum paid leave entitlement is 72 hours for "large" employers, defined as having ten or more employees, and 40 hours for "small" employers with fewer employees.

Proposition F expands sick leave requirements under current California law. Labor Code section 233 now requires that if employers offer sick leave (it is not mandatory under state law), they must permit employees to use up to half the leave they would be entitled to accrue in a year to attend to the illness of a child, spouse or domestic partner. By contrast, Proposition F requires that employers allow employees to use

An interesting note:
Proposition F requires 8.7 days of sick leave for a 40-hour per week employee, which is more than the typical 5 days of paid sick leave that many employers provide.

any or all of their accrued paid sick leave to care for an ill child, parent, sibling, grandchild, grandparent, spouse or any "designated person," which need not be a spouse or domestic partner.


In addition to the actual increase in the minimum wage California employers must pay its employees, the increase in California's minimum wage will affect several other wage rates and overtime-exempt classifications including:

1. Employees subject to "white collar" overtime exemptions (i.e., executive, administrative, and professional) must be paid "no less than two times the state minimum wage for full-time employment." This means that employers must pay such employees, at a minimum, an annual salary of $31,200 in 2007, and $33,280 in 2008, to preserve their exempt status.

2. "Learners," as defined by the California Wage Orders Nos. 1 through 15, must be paid "not less than 85 percent of the minimum wage rounded to the nearest nickel for the first 160 hours." Employers must pay such employees no less than $6.40 per hour in 2007, and no less than $6.80 per hour in 2008.

3. Overtime-exempt employees covered by collective bargaining agreements must be paid "not less than 30 percent more than the state minimum wage." This means that employers must pay these employees, at a minimum, $9.25 per hour in 2007, and $10.40 per hour in 2008, to ensure their exempt status.

4. Commissioned employees who are exempt from California's overtime requirement must be paid more than one and one-half the state's minimum wage. Employers must pay such employees more than $11.25 per hour in 2007, and more than $12.00 per hour in 2008, to ensure their exempt status.

5. Employees covered by Wage Order Nos. 1 through 15, who work split shifts must be paid one hour's pay "at the minimum wage" in addition to the minimum wage for that work day. Employers must pay such employees a total wage equal to at least the minimum wage plus $7.50 in 2007, and at least the minimum wage plus $8.00 in 2008.

6. Employees may be required to provide their own "tools or equipment," but only if they are customarily required by the trade or craft, and the employee is paid "at least two (2) times the minimum wage." An employer may impose this requirement only if the employee is paid at least $15.00 per hour in 2007, and at least $16.00 per hour in 2008.

Questions about wage and hour or interested in reviewing your current compensation structure?
Give us a call!

HR Rumors: Get Your Facts Straight from the Experts!

I've heard that most employers allow their employees to be off the day after Thanksgiving and the week after Christmas. Does this mean I am required to do the same for my employees?

FactAccording to the Society for Human Resource Management (SHRM), more and more employers are offering more paid holidays in the form of days after or days before major holidays such as Thanksgiving and Christmas. From a survey conducted by SHRM nearly three-fourths (72%) of employers plan to observe the day after Thanksgiving as a holiday in 2007 and nearly half will close their offices the day prior to Christmas (Dec. 24). The Federal Government has established public holidays for federal employees. Private employers are not bound by law to offer holiday time off or (paid or unpaid) but generally do so to remain competitive in the employment market.

Often employers see providing the day after Thanksgiving or the day before Christmas as a way to build positive employee morale. It also makes sense for most (non-retail/service) operations to close since the day after Thanksgiving is historically a very slow day for business.

What if you are an employer who provides services to the public? Do you have to close on holidays or even the day before or after? According to a survey done by Challenger, Gray & Christmas, 15% of the businesses surveyed will be open Thanksgiving and Christmas Day. Employees such as bank tellers, restaurant workers, hospital employees, retail employees and emergency personnel will be working Thanksgiving and/or Christmas Day to ensure continued financial and emergency services. Retail merchants look forward all year to the day after Thanksgiving as their biggest shopping day of the season, which means many retail clerks will be working the day after Thanksgiving and Christmas (for gift returns).

Other employers may close the day after Thanksgiving and the week after Christmas as a cost-savings measure; and require workers to take vacation or unpaid leave during that time, but according to a Challenger poll only 8% plan to close the week between Christmas and New Years.

Most employers tend to follow the Federal Government's designated holiday scheduled as a guideline - here are those holidays for 2007:

Monday, January 1

Monday, January 15

Monday, February 19

Monday, May 28

Wednesday, July 4 

Monday, September 3 

Monday, October 8 

Monday, November 12 (observed)

Thursday, November 22

Tuesday, December 25

New Year's Day

Birthday of Martin Luther King, Jr.

Washington's Birthday

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans Day

Thanksgiving Day

Christmas Day

We receive a lot of inquiries about holiday pay and policies.
If you have questions, don't hesitate to give us a call.

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