HR News

Premium pay: On-call/standby employees

Did you know certain types of premium pay may be due to employees when they are not working? One example of premium pay is on-call/standby pay.

When an employee is asked to be on-call and the employer places certain restrictions on his/her freedom to engage in personal business, the on-call time may be compensable. This time may be paid at a different rate than the employee would receive for working.

This type of premium pay is not considered hours worked, and does not count toward calculations for overtime or vacation accrual. Failure to provide premium payments could lead to a claim for waiting time penalties and attorney’s fees, so it is important to understand when they are triggered and how much is due.

Also, be sure to stay in compliance with Labor Code section 226 by separating actual hours worked from any premium hours on your employees’ paycheck stubs.

What is considered a disability in the state of California?

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.

What qualifies for paid sick leave?

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.

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

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.