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Friday, February 17th, 2006

Smart Tips for Hiring:

1. Hire slowly. Be willing to invest time and energy in your hiring decisions.

2. List job requirements and set 5 annual goals, use past behavior to measure candidates’ qualifications against the requirements job and future goal accomplishment.

3. Consider how the candidate will fit into corporate culture. Are there values, attitudes and traits compatible?

4. Ask applicants to write a brief essay on why they want the job and to submit an outline of a 90 day business plan.

5. Pre-screen about 8 or 10 top candidates and then choose the best two or three to invite in for in-person interviews.

6. Ask all candidates the same questions so you can assess each individual equally.

Thursday, February 16th, 2006

Independent Contractor versus Employee?

Independent contractor: Operates under a business name, invoices client for completed work, provides own tools and sets own hours, keeps own business records works for more than one company, the contractor receives a 1099 from client.

An employee: Performs duties dictated or controlled by others within your company, is given training and works for only one employer.

The Internal Revenue Service relies on the above facts in each case. It does not recognize the validity of any written agreement between the parties.

For most businesses, independent contractors should not be considered as substitutes for regular employees. Government agencies generally find that people in the work force are legally employees for tax purposes; the cost of being wrong, remitting unpaid payroll taxes, interest, and penalties can be very high.

Wednesday, February 15th, 2006

Tips on Annual Budget Planning:

1. Think of a budget as a useful tool such a written financial plan for goal setting

2. First set a sales revenue target.

3. Look at historic data by estimating your cost of goods sold (e.g., 80% of sales) and subtract from the sales revenue which equals your estimated gross margin.

4. Forecast variable expenses (commissions, bonuses, travel, and mileage.) Forecast fixed expenses (rent, taxes, etc.). Subtract the expenses from your gross margin to get at your estimated net income (before federal taxes). EBIT

5. Segment your annual budget and break out into quarter so you can monitor progress.

Tuesday, February 14th, 2006

How often should I update the employee Manual?

The manual should be updated whenever anything significant changes in the personnel policies, or when employment laws applicable to your company's policies change. Absent a significant change in law or policy, most law firms advise their clients to review and modify their HR manuals every two or three years.

Monday, February 13th, 2006

Religion at Work

The Equal Employment Opportunity Commission suggests five tips on how employers can minimize the risk of religious discrimination lawsuits.

1. Make certain anti-discrimination policy covers religion.

2. Act immediately when an employee objects to others religious expressions.

3. If the harassed employee does not object, but it is clear that the religious expression is abusive, intervene.

4. If it is not clear that the religious expression is abusive, but the employer thinks the employee might feel harassed, inquire.

5. Advise managers and supervisors that this is a serious matter and needs to be addressed just like any other form of discrimination.

Friday, February 10th, 2006

Do I have to use the same Interview Questions?

When conducting an interview do I have to ask all the candidates the same questions? It may be a good company protocol so you can make your hiring decision using the same baseline for each candidate, but it certainly is not the law.

Thursday, February 9th, 2006

Immigration

What should employers do when a person is hired and cannot provide the required I-9 documents within 3 business days of employment? You can terminate an employee who fails to produce the required document's, or a receipt for a replacement document's (in the case of lost, stolen or destroyed documents), within three (3) business days of the date employment begins. However, you must apply these practices uniformly to all employees. If an employee has presented a receipt for a replacement document's evidencing eligibility, he or she must produce the actual document's within 90 days of the date employment begins.

Wednesday, February 8th, 2006

Personnel Records

If an employee requests a copy of their personnel records, does the company have to comply with this request? Employees in California have a right only to copies of documents they have signed. The employer can permit copies of other documents. One exception is that employees are entitled to copies of payroll records whether signed or not.

Tuesday, February 7th, 2006

Terminations

When an employee quits, how much time does an employer have to furnish the employee with the final check? A resigning employee who provides at least 72 calendar hours of notice must be paid at the time of quitting. If an employee quits without giving notice, an employer must make payment within 72 calendar hours.

Monday, February 6th, 2006

Lunch Breaks

Is it permissible for employees to skip their lunch or break periods in order to leave early? Can employees if paid for it, have an "on duty" meal period? No. The California Labor Code § 226.7 invokes penalties against the employer if it fails to provide a meal or rest period. There are two exceptions to this rule: (1) if work hours do not exceed six hours in a day, then the employee may waive, in writing and with the employer’s consent, the meal period; and (2) for shifts exceeding ten hours in a day, the second meal period may be waived in writing by the employee, again with the employer’s consent. The exception addressing a second meal period does not apply to Wage Orders 4 or 5. Only employees in the healthcare industry may waive the second meal period for shifts exceeding twelve hours. The answer to the second question is “no” also. Employees can have an on-duty meal period in limited circumstances – only when (a) the nature of the work prevents the employee from being relieved of all duty; (b) the employee and employer agree in writing to an on-duty meal; and (c) the employee is paid for the meal period.

Friday, February, 3rd, 2006

Time Off

Are employers required to grant employees time off to attend their child's school? Yes. Employers with 25 or more employees are required to provide employees a maximum of eight (8) hours per month, and forty (40) hours per year to attend to their child’s school needs. (California Labor Code § 230.8)

Thursday, February 2nd, 2006

Should I Pay?

Are there any legal requirements to pay for holiday, vacations or sick leave? No... Employers are not required to pay for these days. If employers voluntarily pay holiday, vacation and sick leave, then employers must follow the appropriate legal obligations such as payment of accrued but unused vacation time at termination

Wednesday, February 1st, 2006

No Work!

If an employee reports to work and there is no work available, are there special pay requirements? The employee shall be paid for half the usual or scheduled day's work, but in NO event for less than two (2) hours nor more than four (4) hours, at the employee's regular rate of pay.