• The owners of Retirement Plus of San Carlos and four other Bay-Area facilities paid its caregivers as little as $5 per hour and misclassified one employee as an independent contractor. The employer paid more than $630,000 in minimum wage, overtime and damages to resolve the case.
• Lake Alhambra Assisted Living Center violated a protective order prohibiting retaliation against caregivers for cooperating with the investigation. Ultimately, the business paid $304,000 in back wages and damages to 32 caregivers, plus $25,000 in civil money penalties, as ordered in a consent judgment filed in the U.S. District Court for the Northern District of California. The order also included the appointment of an independent monitor to ensure the business pays its workers properly in the future.
• Anne’s Guest Home, which operates six facilities in Pleasanton and Livermore, was found in violation of the minimum wage, overtime, and record-keeping provisions of the FLSA. The company paid some workers below the federal minimum wage of $7.25 per hour and failed to pay overtime at time and one-half for hours worked beyond 40 in a workweek. The firm was ordered to pay more than $447,000 in back wages and damages in a consent judgment filed in the U.S. District Court for the Northern District of California.
• Farol’s Residential Care Home paid caregivers salaries below the minimum wage in many cases and did not pay overtime when employees worked over 40 hours per week. The business was ordered to pay a total of $405,284 in back wages, damages, interest and penalties in a consent judgment filed in the U.S. District Court for the Northern District of California. Twenty-seven workers will receive back wages in this settlement.
• Vicky Rebecca Quedado, doing business as We Care ICF/DD-H and Becker Home Inc. of Northern California, operates three intermediate residential-care facilities and will pay $261,356 in back wages and liquidated damages to 21 low-wage workers for violations of the FLSA. The division found that the business paid the workers flat salaries for all hours worked instead of paying them overtime when they worked more than 40 hours in a workweek, as the law requires.
Following Ellen Pao’s highly-publicized loss at trial of her gender discrimination claims against venture capital firm Kleiner Perkins Caufield & Byers, the defendant filed a costs bill for $972,814, including more than $864,000 in expert witness fees. The defense offered to waive costs if Pao agrees not to appeal. While it is possible that many of these costs were covered under an EPLI policy, it is equal likely they had no such coverage. Think of that, at least $1,000,000 in costs, not including legal fees (probably in a similar or even greater amount), or wasted executive time, simply to prove you were right.
Point is: nobody “wins” a lawsuit. Imagine the brand damage and angst felt by the firm going through the litigation process. Imagine the position Ms. Pao now finds herself in. Going backwards trying to prove she was “right” and perhaps cash in on a big payday to boot. How’s that helped her career or psyche?
Question: Would you hire her?
Don Phin, Esq. is VP of Strategic Business Solutions at ThinkHR, which helps companies resolve urgent workforce issues, mitigate risk and ensure HR compliance. Phin has more than three decades of experience as an HR expert, published author and speaker, and spent 17 years in employment practices litigation. For more information, visit www.ThinkHR.com
In Boch Imports, Inc., the National Labor Relations Board (NLRB) found that the employer, a car dealership, violated the National Labor Relations Act because the dealership’s social media and dress code policies were overbroad and interfered with employee rights to engage in protected, concerted activity. In particular, the employer’s social media policy required employees to identify themselves when posting comments about the employer and also prohibited employees from using the dealership’s logos in any manner. The employer’s dress code policy prohibited employees who had contact with the public from wearing pins, insignias, or other message clothing.
The NLRB’s findings regarding the employer’s policies aren’t especially noteworthy; the Board has repeatedly found similar policies unlawful. What is significant, however, is that during the Board’s processing of the underlying unfair labor practice charge, the employer worked with the NLRB regional office to bring the dealership’s handbook policies into compliance. Based on its discussions with the NLRB regional office, the employer removed unlawful policies, except the dress code, from its old handbook, and replaced them with new ones. The employer then issued a new handbook to all employees in 2013.
Despite the fact that the employer had rescinded several allegedly unlawful policies and replaced them with policies blessed by the NLRB regional office before the hearing in this case, the Board found that the rescinded policies could still provide the basis for labor law violations against the dealership. While established NLRB precedent allows an employer to “repudiate” its unlawful conduct, the Board found that the employer’s issuance of the 2013 handbook without notice to employees that it was revising the handbook because of the unlawful policies and that it would not interfere with employees’ Section 7 rights in the future, did not constitute effective repudiation.
To dissenting Member Johnson, this was a case of no good deed goes unpunished. Where, as here, the employer worked with the NLRB regional office to fully comply with the Act, he would not have applied the NLRB’s repudiation criteria with “hyper-technical precision” and believed that the employer had effectively repudiated its alleged misconduct. Member Johnson added: “the best, quickest way to achieve universal handbook legal compliance with Section 7 standards is to encourage employers to involve the Agency in redrafting problematic provisions rather than to effectively punish them.”
Article by Erin Fowler courtesy of the Franczek law firm www.franczek.com
Don Phin, Esq. is VP of Strategic Business Solutions at ThinkHR, which helps companies resolve urgent workforce issues, mitigate risk and ensure HR compliance. Phin has more than three decades of experience as an HR expert, published author and speaker, and spent 17 years in employment practices litigation. For more information, visit www.ThinkHR.com
Add Breakaway Text
Magazines often use breakaway text to draw your eye to main themes. While your resume won’t include enlarged text or boxed quotes, you can figure out what points you really want a potential employer to remember about you. Place those in a short sentence or two on the top half of your resume as you highlight the key reason why you’re right for the job you really want.
Include Value Propositions
You could use your resume to rattle off facts, but show potential employers why they should interview you when you include value propositions. They showcase the skills and experience that sets you apart from other candidates, and they persuade hiring managers to contact you for an interview.
Utilize Charts or Graphs
Boring paragraphs won’t get your resume recognized, no matter how many achievements you have. However, a colorful chart or graph shows potential employers your skills, including revenue generation, client satisfaction or office savings.
Add a Video
Give potential employers a chance to get to know your personality and poise when you record a video resume. The 30-to-60-second video gives you a chance for you to verbalize your top skills and is easy to include on your paper resume or LinkedIn profile.
Write to the Audience
It’s time to toss your general resume. Instead, write to your audience, which means you have to know the job and the recruiter, HR director or decision maker who decides whether or not to interview you. Then you know the tone, vocabulary and other target keywords you need to use in your resume for each specific position.
While these 2015 resume trends and tips won’t guarantee you’ll land your dream job, they do help you stand out in the crowd. They also help you succeed in moving up the ladder at your current job. Ask your coworkers and human resources manager for additional tips as you maximize your resume today.
Write Down Retirement Goals
Do you want to travel the world or move closer to your children after you retire? Maybe you anticipate needing long-term medical care or providing for a disabled child. These goals determine how much retirement money you need to save.
Calculate Expenses
With your goals in mind, calculate your retirement expenses. Figure in cost of living differences if you plan to relocate, and remember that while you won’t have commuting costs, you may experience higher medical costs.
Calculate Income
Social Security, pension funds and IRA withdraws are three possible income sources you’ll receive during retirement. Use the annual letter you receive from Social Security and your pension and retirement fund reports to calculate your income from these sources.
Set a Target Amount to Save
Now that you’ve outlined expenses and income, you’re ready to decide how much money you need to invest. In general, you need to save $20 now for each dollar your retirement expenses exceed your income. So if your expected retirement expenses exceed your projected income by $20,000 a year, you need to save $400,000 in your nest egg.
Your financial planner, human resources manager this online calculator can assist you in tabulating how much money you’ll need to retire comfortably. Recalculate this figure annually to make sure you’re on track to save your target amount.
Instead of guessing at how much money you need for retirement, use these tips to create a realistic plan. You can also save 10 to 15 percent of each paycheck, or more if you’re older than 30, to give your money time to grow into a healthy nest egg. Consider adding any raises or bonuses to your employer sponsored retirement accounts, too, as you prepare for your future.
1. Have an Agenda
What do you expect from a doctor visit? Clarify your agenda before you schedule an appointment, and use your list of talking points or questions to keep you on track and ensure your concerns are addressed.
2. Ask Questions
Maybe you were taught to follow doctor’s orders without question, but times have changed. Doctors are taught now to listen to patients, and you have Dr. Google at your disposal. So don’t be afraid to speak up and ask why tests are being prescribed or what information the doctor used to diagnose you.
3. Know Your Medical History
While your doctor has access to your chart, he or she may not know all the details of your medical history. Record those details in your medical journal, and bring it to each appointment. Use your family’s history of depression, diabetes or cancer to help your doctor treat you.
4. Be Honest
Sometimes, you’re embarrassed to tell your doctor about your lifestyle or symptoms. However, your doctor uses those details along with test results and a physical exam to determine the correct diagnosis. Honesty goes a long way toward building a trusting and helpful long-term relationship with your PCP.
5.Share Your Preferences
Are you committed to a vegan lifestyle, see depression as a weakness or prefer not to be placed on life support? Share these preferences with your PCP so that he or she can help you make health decisions that honor your wishes.
Regular doctor visits improve your overall health. Take advantage of your health insurance coverage to see your doctor regularly, and use this list to build a better relationship with your PCP.
Worker’s comp insurance covers your medical treatment after you suffer an injury or are involved in an accident at work. However, you also need to know if workers comp can cover long-term illnesses or disabilities.
What Long-Term Illnesses and Disabilities are Covered?
Your employer’s worker’s comp insurance policy will include specific details about the exact illnesses and disabilities your policy covers. While you want to check it, consider this short list of possible health issues that worker’s comp can cover.
*Asthma
*Back pain
*Carpal tunnel
*Heart conditions
*Lung disease
*Stress-related digestive problems
Understand the Cause and Document the Symptoms
Repetitive actions, ongoing chemical exposure and even job-related stress could be the cause of your illness or disability. Since you can’t point to a specific accident that caused your long-term illness, be sure to document the symptoms thoroughly.
When documenting the symptoms, describe the pain, where it’s located and what actions you perform regularly. Include the dates and results of any medical treatment you receive, too, or ask your doctor for verification that your illness or disability could have been caused by your work duties or environment. These details build your case for worker’s comp when you file because of your long-term illness or disability.
Track Laws and Recalls
In the midst of your illness or disability, do your homework. Track changes in employee laws or safety guidelines, and look for chemical, equipment or safety gear recalls. All of these details could help to support your case that your work environment or duties created your illness or disability.
Ask Coworkers to Vouch for You
Chances are high that you’re not the only one at work who’s suffering. Ask your current and previous coworkers if they’re experiencing the same symptoms as you. If so, ask them to document the specific. Together, you stand a better chance of getting your worker’s comp claim approved.
When your work causes a long-term illness or disability, you could be eligible for worker’s comp. Check your policy, talk to your human resources manager and start assembling supportive paperwork as you prepare to state your case.