12.23.15

What is considered a disability in the state of California?

Uncategorized

According to the U.S. Census Bureau Americans with Disabilities 2010 Report, there are 56.7 million people living with a disability in the United States, which works out to nearly 1 in 5 Americans.

With such a large number, it is likely that your workplace encounters applicants and employees with some form of a disability.

In California, disability is defined by the Fair Employment and Housing Act (FEHA) as an actual or perceived physical or mental disability or medical condition that is disabling, potentially disabling or perceived to be disabling or potentially disabling, which limits a major life activity.

A few examples of covered disabilities include:

  • Anatomical loss
  • Reproductive
  • Digestive
  • Mental illness
  • Learning disabilities
  • AIDS
  • Obsessive compulsive disorder
  • Diabetes
  • Cancer

If you employ five or more employees then you are considered a covered employer under the FEHA, which means that you cannot discriminate or harass an applicant or employee for an actual or perceived disability.

To find out more about what is considered discrimination, give us a call. We’re available to answer any questions you may have.


12.23.15

What qualifies for paid sick leave?

Uncategorized

Touted as the “Healthy Workplaces, Healthy Families Act of 2014,” the State of California mandated paid sick leave starting July 1, 2015. By law, an eligible employee accrues paid sick leave rights at the rate of one hour for every 30 hours worked.

So what exactly qualifies for paid sick leave?

An employee can use paid sick leave for diagnosis, care or treatment of a health condition, or for preventative care for him or herself, or for a family member.

Eligible family members include:

  • Spouse
  • Registered domestic partner
  • Child (biological, adopted, foster, step, legal ward) regardless of age
  • Parent (biological, adoptive, foster, step, legal guardian) of the employee, spouse or registered domestic partner
  • Grandparent
  • Grandchild
  • Sibling

An employee can also use paid sick leave benefits for time off due to domestic violence, sexual assault or stalking.

Employers are required to display a new poster detailing information about paid sick leave.

As always, we encourage you to contact Sierra HR Partners for information on this new law.


12.23.15

Just how much privacy do your employees have when it comes to drug and alcohol testing?

Uncategorized

Did you know that our state’s constitution affords all of us, including your employees, numerous privacy rights? This right to privacy comes into play in many employment areas, including drug and alcohol testing.

The privacy expectation is typically lower for applicants than employees. Recent court rulings on reasonable suspicion are leading to employers conducting individualized assessments (rather than blanket policies such as anyone that gets into an accident while driving for work) to determine reasonable suspicion before drug or alcohol testing.

If you plan to drug test, first determine the true reason why, develop a solid policy and consistently implement it. Be sure to communicate your policy in respective job announcements, employment application, handbook and policies, and procedures manuals. Providing thorough communication to employees will lower their expectation of privacy.

Sierra HR Partners is available to answer any questions and assist in developing sound policies and practices that protect your business while respecting privacy rights.


12.23.15

Need full background investigations? Sierra HR Partners has you covered

HR NEWS

Did you know that Sierra HR performs full background investigation services, including criminal and civil searches, employment and education verification, reference checks, driving history, credit checks, and social security verifications?

Contact our background investigation specialist, Nancy Vang, for more information.

Plus, Sierra HR Partner’s entire team of certified professionals are here to support you in the areas of legal compliance, training, recruitment, handbooks, audits, policy development, job descriptions, performance evaluations, compensation, terminations, and related employment areas.

Remember that as a HR Business Partner you are entitled to:

  • Unlimited phone consultation by certified HR consultants
  • Free monthly seminars for designated representative
  • HR bulletins covering breaking employment news and employment best practices
  • Discounted rates on projects

Contact us at (559) 431-8090 or toll free 1-844-431-HR4U (4748).


05.29.15

Employee Privacy Rights: Just How Much Privacy Do They Have?

HR Bulletin

Did you know that our state’s constitution affords all of us, including your employees, numerous privacy rights? This right to privacy comes into play in many employment areas such as monitoring, recordings, personal smart phones, drug and alcohol testing, off-work activity, social media, medical examinations, health information and even how you file employee records.

Take employee’s smart phones as an example. A recent Supreme Court ruling, California v. Riley, sent an indirect warning to employers about searching an employee’s personal smart phone even if being used for company business. Exceptions to searching personal smart phones include a “strong legitimate business reason” or a search warrant. This recent case ruling highlighted the court’s view of the large amount of information stored on a smart phone (versus a purse, backpack or wallet) that reveals very personal, private information about an individual such as likes and dislikes through installed apps, calls, emails, texts, photos, videos, internet history, music and more.

How your employees spend their time off the clock (e.g. social affiliations, religious activities, family, and friendships) is their business. While it’s true that how they conduct themselves outside of work could reflect negatively on your business, employees have the right to engage in any lawful off-duty conduct.

Sierra HR Partners is available to answer any questions and assist in developing sound policies and practices that protect your business while respecting privacy rights.