CA Employment Essentials (HR101)
A training series focusing
on the regulatory
HR best practices
- the information & skills supervisors & managers
keep themselves and the organization out of hot water!
July - August '08
October - November '08
A training series focusing
on practical leadership and
communication skills to help
develop or refine
effectiveness as leaders!
Sept. - Oct.
Harassment & Discrimination
I'd Rather Not Discuss It!
Excelling as a First Time Manager or
Harassment & Discrimination
Workers' Compensation Management
TPO in the
12:00 - 2:00 pm
Peachwoods Restaurant at the Inn at Pasatiempo, 555 Highway
17, Santa Cruz, California
NCHRA Members: $35 / General: $55
Day of event: NCHRA Members:
$45 / General: $65
Contact Marlyn Gamble at (415) 291-1992
Of the 83,000
claims of employment discrimination that were filed last
year with the federal Equal Employment Opportunity
Commission (EEOC), claims of age-related (over age 40)
discrimination increased the fastest of any category.
Charges of discriminatory hiring are usually resolvable with
proof that the claimant was not the most qualified
applicant. Claims of illegal treatment of current employees
are rarely filed, perhaps because these employees fear
endangering their employment. Termination is the area of
greatest concern as it is where we see the bulk of the
age-related complaints. Faced with separation, these
employees have everything to gain and nothing to lose by
filing formal complaints if they feel they were wrong fully
It is helpful to understand exactly what a valid Age
Discrimination in Employment Act (ADEA) complaint is: 1) The
complainant is at least 40 years of age; 2) there was an
adverse employment action (e.g. a demotion or termination);
and 3) discrimination was the likely reason for the adverse
employment action. An age-discrimination charge received
from the EEOC (and/or DFEH in California) should always be
taken seriously, whether or not it is likely to become a
court case. That means carrying out an immediate and
thoughtful investigation that includes a review of the
personnel file and all other documentation related to the
issues, along with a timely and thorough response of the
employer’s position on the charges.
How real is the age discrimination problem? Employees
between the ages of 50 and 64 make up nearly a third of the
workforce, a demographic trend that was absent even five
years ago. One reason for this growth in the number of older
workers is the 30 year gain in life expectancy in the U.S.
over the last 100 years. There are some very real benefits
that accompany this trend; reliability and loyalty being two
of them. Borders book chain is a good example of a company
that is aggressively recruiting workers over age 50 to their
advantage. In Borders stores with a high percentage of older
employees, turnover rates have been cut nearly in half! (HR
Magazine, “Keep Pace with Older Workers, Robert Grossman,
May 2008, Vol. 53, No. 5.)
Then, there is the downside - a 15% rise in filings in 2007
for age-related discrimination under the federal ADEA. This
federal law applies to employers with at least 20 persons on
payroll and it is provoking some troubling questions: Will
the aging workforce mean even more discrimination cases? And
if so, do the associated risks of hiring older workers
outweigh the benefits? Employers should also note that the
Supreme Court recently issued a 7-1 opinion that in cases of
layoff, the employer bears the burden of proof that their
actions were determined by non-discriminatory reasons and
are not related to employees being age 40 and above.
As it turns out, the dramatic increase in the number of
complaints of age-related discrimination being filed has not
resulted in a concurrent rise in court cases. In fact, the
merits of these complaints are not turning out to show
“reasonable cause” in their EEOC review and determinations,
which means that there was no evidence found of unlawful
discrimination. Another factor working against such
complaints making it to court is the fact that an employee’s
attorney does not get to see the employer’s EEOC response to
the charges until the discovery phases of a lawsuit, which
is quite late in the game for determining if the case has
At this point, it seems fair to say that the benefits of
employing older workers outweigh the risks when it comes to
the possibility of age-related lawsuits when common sense
and caution prevail. This is not to say that receiving an
EEOC age discrimination charge is nothing to worry about.
The time and effort required to investigate and respond can
be extraordinary. From a proactive point of view, there are
things that employers can do to minimize their risk of
receiving an age-related discrimination complaint in the
first place. The EEOC found reasonable cause in only 3.9
percent of age discrimination cases last year. That
demonstrates that “frivolous” charges do not move forward
and that diligent employers are, indeed, minimizing their
Areas to review on a regular basis to keep risk low include
• Review your
hiring policies, procedures and applications to make sure
there are no illegal questions and that “at will” status is
repeated clearly and often.
• Provide hiring interviewers with clear guidelines on
questions that they can and cannot legally ask.
• Review policies and practices to make sure that you do not
create a disparate impact on older workers in promotions,
benefits and other conditions of employment.
• Use special care when doing layoffs and downsizing. A
severance with a signature of release might be worthwhile
considering. Keep good records and tie all decisions to
clear business needs.
Article written by:
Susan Kettmann, M.S.Ed., SPHR
Do You Wish You Had an Extra Pair of Hands to Help with HR,
including those backlogged special projects and tasks
you can’t get to?
It's one thing to
reduce staff...it's another to get the work done!
Now you can have an
experienced HR Generalist (backed up by TPO’s team of consultants!)
in your operation a day or two a week without adding to your
payroll staffing levels!
your HR efficiency and service
“hard to get to” HR & Risk Management projects off the
you are in compliance with state and federal employment
regulations without missing deadlines (including
additional skilled resource for your management team
small communications issues before they become bigger
problems to manage
coverage for HR staff on vacation or leave of absence
Click here for more
If you plan to hire minors under 18 during the summer
months, you should be aware of safety and wage and hour
rules that apply. Employment of minors is regulated under
numerous authorities such as the California Labor Code, the
Education Code, and the federal Fair Labor Standards Act (FLSA).
The California Labor Code defines “minors” as people under
the age of 18 who are required to attend school. In this
case, high school graduates are not considered minors.
However, CA Labor Code does include individuals under age
18, even if they are not required to attend school because
they are not California residents. CA Labor Code also
includes any child under the age of six.
Employment in certain industries (such as entertainment and
agriculture) is subject to different requirements than in
other industries. There are also additional exceptions for
minors under age 16. Employers should review the particular
safety, hour, and driving requirements that apply for the
position and minor in question.
Work permits are required to employ minors under 18 and must
be obtained before employment begins. Generally, permits can
be obtained by the minor from the student’s school and are
issued from the superintendent’s office. Schools cannot
issue permits for children under age 12, but under federal
law it is generally impermissible to employ an individual
under age 14.
Work permits have a short duration so employers must track
effective dates carefully. Permits issued during the school
year expire five days after a new school year begins. If you
hire a minor during the summer months, you need to obtain a
new permit to continue the student’s employment into the
fall session of the new school year.
Work permits should include the minor’s name, age, birth
date, address, telephone number, and social security number.
For employment during the school year, the hours of school
attendance must be included, along with the maximum number
of hours per day and week that the student may work. The
permit must be signed by both the issuing school
representative and the student. Employers should review the
permit for any additional restrictions that might be listed.
California and federal law restricts child labor to a small
number of occupations. Generally, minors are prohibited from
working in hazardous industries and jobs. Before hiring a
minor, be sure to confirm that state and federal law permit
the minor to work the occupation in question. Further, if
employment is permitted, check for any occupation-specific
restrictions or limitations on working conditions that apply
Minors under 18 may not be employed or permitted to work
in any occupation declared hazardous in federal regulation
Manufacturing or storing explosives (including small arms
vehicle driving and outside helper;
• Logging and saw milling;
• Power-driven woodworking machines;
• Power-driven circular saws, band saws, and guillotine
• Power-driven hoisting apparatuses (including forklifts);
• Roofing, excavation, wrecking, demolition, and
• Power-driven metal-forming, punching, and shearing
• Slaughtering, meat packing, processing, or rendering;
• Power-driven bakery or paper products machines;
• Manufacturing brick, tile, and kindred products;
• Coal mining;
• Mining other than coal mining; or
• Exposure to radioactive substances
Minors under age
16 may not work in industries such as: building
construction, public utilities, storage warehousing, public
communications, transportation, and manufacturing, may not
operate farm machinery, work from high scaffolds or ladders;
deal with dangerous animals, large timber, hazardous storage
areas, manure pits, or chemicals. Jobs that are prohibited
may include retail or food-service positions that involve
working around boilers or engineering rooms, operating or
maintaining power equipment, washing windows using ladders,
loading and unloading goods, or using freezers and coolers.
Additionally, high school graduates under 18 may not be
employed in an occupation prohibited to minors under 18
unless they also have completed a bona fide course of
training in that occupation.
Employers who employ or permit underage minors to work in a
prohibited occupation or on hazardous duty, even if the act
is voluntary, are liable for Class A penalties.
The total number of hours a minor may work, as well as the
permitted hours of the day, vary depending on the age of a
minor and whether school is in session when the work is
Minors age 14 and 15 cannot work overtime. While school is
not in session, minors under 16 may not work more than 8
hours per day or 40 hours per week. While school is in
session, minors under 16 may work no more than 3 hours per
day on school days and 18 hours per week outside of school
Also, during the summer (June 1 through Labor Day) those
under 16 cannot work before 7:00 a.m. or after 9:00 p.m. and
during the school year (Labor Day – May 31) those under 16
cannot work before 7:00 a.m. or after 7:00 p.m.
Minors age 16 and 17 cannot work more than 8 hours per day
(4 hours per day while school is in session) or 48 hours per
week. However, if employed in agricultural packing plants
during the peak harvest season may work up to 10 hours on
any day school is not in session. Before you schedule a
minor for over eight hours, you must obtain a special permit
from the Labor Commissioner which is granted only if the
extended working hours do not materially affect the safety
and welfare of the minor employee and if it will prevent you
Minors under 18 generally cannot work before 5:00 a.m. or
after 10:00pm, but may work as late as 12:30 a.m. when there
is no school the following day.
Minors under 17 are prohibited from driving a motor vehicle
on public highways and streets for work purposes. This
includes delivering any type of goods from a motor vehicle.
Minors aged 17 are permitted to drive if the driving is
occasional and incidental to employment (the amount is no
more than one-third of the youth's work time in a day or 20
percent in a week) and within a thirty (30) mile radius from
the workplace during daylight hours.
Effective July 1, 2008, it is illegal for individuals under
age 18 to drive a motor vehicle while using a mobile phone,
even with a hands-free device. This includes other mobile
service devices, such as a broadband personal communication
device, a specialized mobile radio device, a pager, a
two-way messaging device, or a handheld device or laptop
computer with mobile data access. However, minors may make
calls for emergency purposes only to, for example, a law
enforcement agency, a healthcare provider, or the fire
Note: There are many additional exceptions to hiring minors
and this list is not inclusive. If you have specific
questions about your organization, please call TPO for more
by: Stacey Knapp, Phr-ca
Cell Phones While Driving (SB 1613)
Effective July 1, 2008, all CA
drivers must use a hands-free device while driving and using
a cell phone or face fines of up to $50 per violation.
Employers should consider implementing a policy outlining
the new requirement and may want to actually state that
business calls cannot be made or received while driving, and
should rather be made after pulling off the road onto a safe
Emergency situations such as
calls to law enforcement, health care providers, fire
Emergency service providers
operating an authorized emergency vehicle during the
course of business.
Operating a vehicle on private
A person operating a commercial
motor truck or truck tractor (excluding pickups) that
are implements of husbandry.
Farm vehicle, school bus, transit
vehicle, or tow truck, if using a two-way radio operated
by a “push-to-talk” feature that does not require the
device to be held close to the ear
Increases Mileage Reimbursement Rate
"Rising gas prices are having a
major impact on individual Americans," says said IRS
Commissioner Doug Shulman. "Given the increase in prices,
the IRS is adjusting the standard mileage rates to better
reflect the real cost of operating an automobile. We want
the reimbursement rate to be fair to taxpayers."
With this statement, the IRS Commissioner raised the maximum
rate and employers can claim as a business expense to 58.5
cents per mile effective July 1, 2008. The new rate will be
in effect through the end of 2008. This is an increase of 8
cents per gallon over the 50.5 cents allowable for the first
half of the year.
It is important to remember that even with this change no
specific rate of reimbursement is required for employers to
offer, nor is reimbursement using this method even required.
California HR Legislation
June 2008 marked
an important deadline in the movement of bills in the CA
Legislature. If a bill had not passed its house of origin by
then, it could not move forward in the current legislative
session. Those bills that survived and passed on for further
review and deliberation this year include:
Meal Periods (AB 1711) –
If passed, would offer a few clarifications, such as
requiring that meal periods must be completed before the end
of the 6th hour (as opposed to the 5th hour, as currently
required). As written, however, the bill fails to provide
ALL employees and employers in California with a clear
solution to current meal period challenges, specifically the
ability for employees to agree to waive their meal period.
Passed to Senate.
IRA’s (AB 2940) – If
passed, would make it easier for small-business owners and
their employees to put money aside for retirement. This
proposal, which has already received a first approval from
an Assembly committee, would direct the California Public
Employees Retirement System to offer individual retirement
accounts to workers who can't get traditional pensions or
401(k) plans from their employers. While the Governor has
expressed approval for the bill, the securities industry has
expressed a general dissatisfaction with it. Passed to
Mandatory Sick Leave (AB 2716)
– If passed, California could become the first state in the
country to require paid sick days for all workers. The bill
would require businesses with 10 or more employees to offer
9 sick days per year, and companies with fewer than 10
employees to offer 5 paid sick days. The bill is modeled
after a San Francisco Ordinance that was enacted two years
ago. Passed to Senate.
Workers Compensation (AB 2987)
– If passed, would ease administration of return-to-work
provisions in workers compensation law. Passed to Senate.
Workers Compensation (SB 1717)
– If passed, would reverse previous workers compensation
reforms and increase workers compensation costs for insured
and self-insured employers by doubling permanent disability
indemnity benefits paid to injured workers by 2011. Passed
Unemployment and Paid Family Leave
(SB 1661) – If passed, would allow for an
employee who is not reinstated to their job after taking
time off to receive Paid Family Leave to be eligible for
unemployment insurance. Paid Family Leave is a wage
replacement insurance and therefore does not guarantee time
away from work in the form of a leave of absence; however,
opponents of this bill contend that if passed, it may force
employers to choose between reinstatement and paying
unemployment insurance. Passed to Assembly.
Medical Marijuana (AB 2279)
— If passed, would require employers to not disqualify
candidates based on their use of medical marijuana. While
the use of medical marijuana is allowable in California, it
is impermissible under federal law. Passed to Senate.
Disability Access Compliance (SB
1608) – If passed, would provide a comprehensive
reform that increases public access for individuals with
disabilities while reducing unwarranted litigation. Passed
Genetic Information Nondiscrimination
In May 2008, President Bush signed legislation that protects
people from losing their jobs or health insurance when
genetic testing reveals they are susceptible to costly
diseases. The anti-discrimination measure aims to ensure
that advances in DNA testing won't end up being used against
people in a discriminatory manner. The new law prohibits
employers and insurance companies from denying employment,
promotions or health coverage to people when genetic tests
show they have a predisposition to cancer, heart disease or
other serious ailments. This law will go into effect on
Court Cases of HR Interest
Individual Supervisors Not Personally
Liable for Retaliation Claims
The California Supreme Court resolved a disagreement between
the state’s appellate courts, ruling that supervisors cannot
be held personally liable for retaliation claims under the
Fair Employment and Housing Act (FEHA).
Accessing Employee’s Text Messages
A federal appeals court in San Francisco has made it more
difficult for employers to legally access e-mails and text
messages sent by their workers on company accounts. Under
the June 2008 ruling by the 9th U.S. Circuit Court of
Appeals, employers that contract an outside business to
transmit text messages can't read them unless the worker
agrees. The ruling also lets employers access employee
e-mails only if they are kept on an internal server.
Maintaining the right to access employee’s information is
continually changing in response to technological changes.
Employers will want to examine where their information is
stored; i.e. on the employer’s property (server, etc.), on
the employee’s property (a personal device that might be
used in whole/part for business purposes), or on an outside
vendor system. Also, as telecommuting increases, employers
will want policies addressing and agreed to in writing by
the employee, about what the employer has a right to access.
by: Melissa Irwin,
This is the
typical header on spam e-mails and junk faxes received by
businesses and individuals on an almost daily basis. Similar
scams are sent regarding deals on automobile purchases,
health “benefit” programs, and other offers that appear to
come from or through the employer.
These “offers” can be confusing for employees, especially
when the employer does have a legitimate discount program
for amusement park tickets, air travel, or similar programs.
Add to this the fact that some employees may have challenges
with language fluency, and the potential for financial
losses is even greater.
While the employer may or may not face any liability, it is
a good idea to inform your employees that it is not your
policy to make such offers via fax or email. Advise them
that they should contact the HR office with questions about
any offers of “benefits” they receive which appear to be
from the employer.
The scam noted above is just one of hundreds of frauds
perpetrated against employees and employers every day.
If you are concerned about actual or potential scams,
internal theft, fraud, counterfeit products, identity theft
or other issues, call TPO today to discuss our investigative
by: Brian Pratt, PI
Blossom Valley Foods
forward to the opportunity to provide each of you with
unlimited phone/email access, reduced consulting and
training rates, eCompliance notices, attendance to our
Annual Employment Law & Leadership Conference at no
additional cost, and priority status when you require TPO
support from any of our highly qualified team of HR experts!
Thank you for joining!
How do you feel TPO contributes to Monterey County Bank’s
Chrietzberg, Jr., President/CEO/Chairman:
“Monterey County Bank has grown in the past several years
and we now find ourselves with over 50 employees. The laws
that govern employers with 50+ employees are often different
than those with less than 50. TPO’s guidance in these areas
has been critical, in order for MCB to maintain our strict
adherence to HR statutory regulations. Additionally, it has
been very helpful to have the experts at TPO available when
we encounter HR situations that may be unusual, or something
we have not previously encountered.
Monterey County Bank
Monterey County Bank is the
oldest locally owned, locally managed bank in Monterey
County - over 31 years! We have a commitment to continue
this important family tradition. President/CEO Charles T.
Chrietzberg, Jr. and his daughter Vice-President Stephanie
Chrietzberg work together closely to prepare a new
generation of the MCB team to continue our service. This is
something we’re proud to offer our clients and our
THE WHOLE PACKAGE
Beyond outstanding SBA,
Construction & Commercial Lending and Merchant Card
Services, Monterey County Bank is poised to be a complete
local banker. We have several options in both Business &
Personal Accounts that can be tailored specifically to any
Monterey County Bank has been
the #1 SBA Lender in Monterey County for over 10 years. SBA
Loans can be used for business purchase, new business
start-up, additional working capital, equipment or tenant
improvements for your existing business, and purchase of
commercial real estate to house your business. Monterey
County Bank specializes in SBA loans with experts in our
lending department who can talk business with people who do
business. Having attained “Preferred Lender” status in 1993
from the Small Business Administration, Monterey County Bank
can approve SBA loans in-house, which means a much faster
turnaround for small businesses obtaining SBA financing.
Because we are locally owned and managed, all decisions,
including loan approvals are made right here.
MERCHANT CREDIT CARD
Merchant Card services can
often be challenging for a small business. Monterey County
Bank has developed a cutting edge combination of competitive
rates and personal credit card service that is delivered
locally from our Merchant Card division in Carmel Rancho.
The relationship between Monterey County Bank and MasterCard
and VISA expedites installation and service. We provide:
streamlined system with local and personalized customer
service at your fingertips
24 Hour support & help
Fast, efficient settlement
Fewer processing errors
and fewer chargebacks
Compatible with most
Solutions for: retail,
hotel, restaurant, mail order, wireless or internet
Monterey County Bank offers
great financing options for commercial & construction
Construction loans for
single family residences - both owner & non-owner
Construction loans for
financing for purchase or refinancing of multi-family
Construction financing for
financing for the purchase or refinancing of commercial
Secured term loans to
businesses for purchase, expansion or refinancing
Because we are locally owned
and managed, all loan approvals are made right here.
Required Time Periods for Final Paychecks
pay for all time worked, including all accrued but unused
vacation/PTO, must be made available within specific
timeframes. Failure to provide the paychecks as outlined can
lead to waiting time penalties of one day's pay for each day
final pay was not paid to the employee (typical days off
such as weekends included) up to 30 days.
Employees who give
more than 72 hours notice must receive their final
paycheck on their last day of employment.
Employees that give
less than 72 hours notice must have their final
paycheck available within 72 hours.
Final Paycheck by Mail: The
regulations require the final paycheck be available at the
location the employee normally receives his/her paycheck. It
is not allowable to direct deposit or mail the final
paycheck unless the employee has authorized such an action,
preferably in writing. If the employee does not authorize
mailing and/or the employer is unsuccessful in contacting
the employee, the final paycheck should be retained by the
employer and made available in the event the employee
Next Wage & Hour Quick Tip:
Providing holiday pay and the impact on overtime
the cost of gas these days, several employees have asked
about working flexible
hours or alternative workweeks. I’d
like to provide some options to my employees, but want to
make sure I’m not taking any undo employment risks. What can
I do as an employer to help ease some of their pain?
and employers are both being challenged by the cost of
everything these days including gas and other energy costs.
While alternative work weeks or flexible schedules seem
reasonable, there are several issues to consider prior to
making a decision that they are right for your organization.
If your goal is to provide your employees with one less day
of commute costs, you will also want to consider what this
might mean for running your business in terms of coverage
and customer care. Additionally, there are very specific
guidelines that California employers need to follow to
ensure that they are compliant with daily overtime
Unfortunately, it is just not as easy as casually agreeing
to work an alternative schedule or come in one day less a
CA Overtime – California’s 17 Industrial Wage Orders set
very strict overtime pay standards. For most employers
covered under CA’s Wage Orders, non-exempt employees must be
paid overtime of 1.5 times the employee’s regular rate for
all hours worked in excess of 8 hours in a day, 40 hours in
Alternative Workweek – An exception to daily overtime is
where an “alternative workweek” is implemented. An
alternative workweek is defined as “any regularly scheduled
workweek requiring an employee to work more than eight hours
in a 24-hour period” (Labor Code sec. 500(c)) without
incurring overtime and applies only to non-exempt employees.
Of course, any time worked over the 40 hours in the week is
still considered overtime and therefore must be paid. Common
alternative workweeks are 4/10 hour workweeks and 9/80
In order for an Alternative Workweek to be effective (and
ensure that no daily overtime is earned) there are numerous
Determine the "work
group" affected. The alternate work week must
include everyone in that identifiable group. It can
be everyone at a location, everyone in a particular
job, a department, etc.
Determine what you want to propose as
an alternate work week.
Employers may choose a single
schedule (one schedule for everyone to be
in) or a menu (multiples employees can
choose from). Be aware that if multiples are
proposed, employees may all pick the same
schedule and it could cause scheduling
problems. For example, scheduling 4/10's
with the choice of either Monday or Friday
off could lead to everyone choosing Monday
Decide on minimum/maximum
hours where no more than 10 hours per day
will be worked in a workweek.
Inform the Employees.
Distribute the detailed
proposal outlining the schedule to the
affected work group. If 5% or more of the
affected employees speak another primary
language, you will need to provide it in
both English and that language.
Hold an informational meeting
at least 14 days prior to voting on the
change to answer employee questions. It is
important that employers not say or do
anything that would cause an employee to
feel coerced into acceptance. Hold multiple
meetings if assigned hours do not
Employers may express a
position concerning the alternative
workweek; however, they may not intimidate
or coerce employees to vote either for or
against the proposed alternative.
Hold the election.
Must be held during work
hours at the work site of the affected
Employees must Approve or
Disapprove on a secret ballot with no
identifying information on it.
Exempt employees may not
Must pass by a 2/3 vote to
File election results with the
Division of Labor Statistics and Research (DLSR)
within 30 days of vote.
Implement the work week.
Do not require it for all
persons for 30 days so that those who need
to make adjustments can do so.
employees who currently work for you if they
cannot work the new schedule.
Retain complete and accurate records
of entire process as well as any petitions to
Once an alternative workweek
schedule is voted on and approved, employers can
occasionally change it with reasonable notice – considered
at least one (1) week – to employees. However, it should be
noted that any long term variance from the approved
alternative workweek might result in the Labor Commissioner
invalidating the schedule. For example, it would be
unacceptable if employees are consistently working outside
the regular schedule, the people on the alternative workweek
schedule are no longer part of the original work unit, the
alternative workweek was changed without the required
procedures (holding a vote, etc.), or a collective
bargaining agreement containing an alternative workweek
Flexible Work Schedule – A flexible work schedule is not an
alternative workweek. In general, a flexible work schedule
follows normal schedules and overtime rules but employee’s
shifts may be staggered throughout the day (to alleviate
commute congestion, for example) or employees may be able to work from home.
Make-Up Time – Another option to the formalities of an
Alternative Workweek is make-up time. With prior approval
from a supervisor, a non-exempt employee may request time
off for the employee’s personal obligations (such as child
care or doctors appointments) and make up that time in the
same workweek without daily overtime obligations if all the
following six points are met. 1) The employee must provide a
written request each time; 2) management must approve the
request prior to using the make-up time; 3) hours worked on
the make-up day must not exceed 11 hours; 4) Time can only
be make up in the same workweek in which the time was lost; 5) Total
hours for the week must not exceed 40; and 6) If time is
taken that cannot be made-up the hours missed will be
unpaid. Please note that the employer is not allowed to
solicit employee’s to use make-up time.
For more information on alternative workweeks or to decide
if an alternative workweek schedule would work for your
organization, call your TPO Representative.
Article written by:
Kelsey Escoto, MSOD,
Q. Who is this mystery man
dressed up like a race-car driver?
A. He is none other than Robert Russell, Principal and
Co-Founder of TPO!
Q. And why is he dressed like this?
A. A little known fact about the otherwise entrepreneurial
co-owner of TPO Human Resource Management is his
later-in-life pursuit of road racing which began about four
and a half years ago. His otherwise innocent enrollment in
the Skip Barber Racing School at Laguna Seca immediately led
to the purchase of the Spec Racer Ford pictured below. Robert currently
races with the Sports Car Club of America (SCCA) at Laguna
Seca, Infineon Raceway (Sears Point) and Thunder Hill
Raceway Park North of Sacramento. Robert describes his
initiation into racing as “a most humbling experience” that
is “…a lot harder than it looks.” Now in his fifth season of
amateur racing, Robert continues to believe that it remains
“harder than it looks” and that spinning at ninety-five plus
miles per hour is still “a most humbling experience.”
race field consists of 25-35 virtually identical cars with
sealed motors so that the only real variable is the (in
Robert’s words) “nut behind the wheel.” From his initial top
finishes, Robert now generally slides in somewhere in the
middle but with a grin of satisfaction spread across his
face. When asked about the most challenging part of this
demanding hobby, Robert answers: “The starts, definitely the
starts…oh, and the finishes… and everything that happens in
Meeting your needs and exceeding your expectations!
TPO HUMAN RESOURCE MANAGEMENT provides "outsourced" support
to help employers understand and
comply with confusing employment laws,
train managers to
avoid costly mistakes and promote positive employee
We hope you enjoyed reading TPO
HUMAN RESOURCE MANAGEMENT's E-Newsletter. If you have comments or
suggestions, we welcome hearing from you at
Was this TPO
E-Newsletter forwarded to you? Would you like to
subscribe or subscribe a friend? If so, click on the
"Subscribe" link above.
TPO is committed to
maintaining strict confidentiality of your subscription
email address and any other contact information we are
entrusted with. We do not sell, share or give away ANY
TPO database information.
publication of TPO
HUMAN RESOURCE MANAGEMENT. Copyright ©2004-2007.
All rights reserved.
TPO's Employment Upd@te may not be reproduced or
re-transmitted without change or modification of any
provided is designed to be accurate in content. TPO
provides human resource consulting and is not engaged in
rendering legal, accounting or other professional
services. Readers are advised to consult legal counsel
on matters involving employment law or important
personnel policies & practices before adoption or