IN THIS ISSUE:
The Original Best Places to
Work in Southern Nevada (SM):
Nominations CLOSE SOON!
COBRA Revisited:
SNHRA's August Seminar:
RSVP's Closing Soon
2010 Fall Study Group Registration:
Get Certified now under the current eligibility requirements
SNHRA Announces Wortham Scholarship
Opportunity for Study Group Participants
LEGAL BRIEF:
New Definition of “in loco parentis”
status under the FMLA
DHS Issues Final Rule on
Electronic Signature and Storage of Form I-9
Member Spotlight:
Gina MAxson Of
G. C. Wallace Companies
PLUS:
A Letter from Our President, Patrice Ross, SPHR
Hello Members and Guests,
We're excited that our 9th Annual "Best Places to Work in Southern Nevada (sm)" awards luncheon is fast approaching, and we've received some great nominations already. Nominations close soon, so make sure to get your nominations in today!
We wanted to clear one thing up that has been confusing for our members and guests:
You may see announcements of an event very similarly titled to the one created and sponsored by SNHRA for nearly a decade. Our "Best Places to Work in Southern Nevada (sm)" continues to be the event where applications are judged by HR professionals...your peers. Nominations and applications have no charge; your employees will not be contacted by us and you will not be approached after the event to buy anything. The only charge associated with our awards is the $35.00 fee to attend the awards luncheon, and attendance is not even required (though highly encouraged, in case you win)!
As was the case last year, your SNHRA Board wants you to know that any "Best Places" awards or recognition event that does not contain our Nevada-shaped "Best Places to Work in Southern Nevada (sm)" logo, along with our SNHRA logo (often integrated into the Nevada shape), is in no way associated with SNHRA nor is it sponsored or judged by the HR professionals in your Association.
We look forward to seeing your nominations and applications, and hope to see you at our event to show your support for HR and employees in Nevada. To continue to help out in this economy, we've again reduced the pricing for an RSVP to our awards luncheon to only $35, with tables of 10 for only $350.00. We hope this allows everyone and every company that wants to attend to afford to do so in this economy.
On behalf of the Board of Directors of SNHRA, we would like to thank you for your continued support of SNHRA over the many years of our awards program.
Warmest Regards,
Patrice Ross, SPHR
on behalf of the Board of Directors of SNHRA
For more details about the awards or the event, visit vegasbestplacestowork.com.
A few Sponsorships for the original "Best Places to Work in Southern Nevada (sm)" are still available. Inquire at admin@snhra.org.
Presented by Ouida Peterson (bio)
Date: Place: Cost: |
1289 South Torrey Pines Drive Las Vegas, NV 89146 $50 for SNHRA members/$75 for non-members |
Approved by HRCI for 3.75 General recertification hours
"This program has been approved for 3.75 (General) recertification credit hours toward PHR, SPHR and GPHR recertification through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org."
Summary:
COBRA Subsidy – what is the status today? Who is eligible and how long does it last – the subsidy in NOT gone – it is still with us. Let’s be sure you know your compliance responsibilities.
Plus: How the new Nation HealthCare Reform requirements impact your plan – especially the dependent children to age 26 requirement – when will this impact your plan and what enrollment and communication actions are required? How will this coordinate with current COBRA situations – and how will it create new events?
And it is not just COBRA you have to worry about! We will discuss how some of the other mandated laws impact your plan – especially FMLA, Workers Compensation and COBRA – How do they coordinate together? Do you know the different communication and timeline requirements of each law?
There are a lot of compliance issues on your plate – let’s just be sure your plan is in compliance with each one.
LET’S REVIEW
Who
Who has the COBRA responsibilities; what employers must comply with the Federal COBRA law – discussion includes the small employer calculation, part-time employee formula, common employer percentage. Plus, who is eligible for COBRA continuation and who is a qualified beneficiary.
What
What is a COBRA Plan (it is much more than just Health Insurance)? Cobra includes health, dental, vision, Rx, Health FSA and some EAP plans...Even some voluntary payroll deduct plans.
COBRA SUBSIDY EXTENDED
COBRA subsidy
It has been extended, though it is not a simple “a few more months of subsidy.” There are new eligibility rules, new communication requirements and of course, new notices.
Who did you say was eligible for the subsidy?
What Plans are eligible for the subsidy?
Will the subsidy be extended again?
Additionally, there are other changes that impact COBRA eligibility. We will also discuss some recent changes in the law concerning COBRA and Domestic Partners and how JOBS FOR MAIN STREET legislation may impact COBRA and the subsidy.
COORDINATING WITH OTHER LAWS
We will explain how Worker’s Compensation, FMLA, Disability and COBRA laws work: Together – Independently – Concurrently. We will pull all of these together to explain the employer’s liability. When can coverage be cancelled and what laws protect employee benefits.
To RSVP, click here!
Get Certified now before the current eligibility requirements change! REGISTRATION CLOSES SOON!!!
Registration for SNHRA's 2010 fall study group is now in progress. Don’t let another year pass! Make 2010 the year you accomplish your goal of attaining a certification to signify your high degree of knowledge and competence as a human resource management professional.
The study group will begin meeting weekly on Wednesday September 8, 2010 through November 24, 2010. The meetings will take place in the Opportunity Village HR Conference room from 6-9 p.m. The group is open to SNHRA members only.
The cost is $615 (includes SNHRA Study Group Registration Fee and the SHRM Learning System materials, S&H included - discounted materials are available only through the SNHRA Education Committee).
If you already have the SHRM Learning System, you can enroll for $110 - Regular Registration (until EOD August 27, 2010)
You can sign up by logging into your SNHRA.org account and clicking the "Certification" link at the bottom of the "Members Menu" links.
In cooperation with Mary Beth Hartleb, founder and CEO of PRISM Human Resources Consulting and Insurance Services, LLC; SNHRA is pleased to announce a scholarship opportunity for Study Group participants named after our beloved former Executive Administrator, Denyse Wortham. As you will recall, we lost Denyse to a long-term illness approximately a year ago. To honor the many years of dedicated service and enthusiasm that Denyse put into SNHRA, Mary Beth has made a generous donation to get the “Wortham Scholarship” program off the ground. This opportunity is open to participants in the Study Group who meet the following criteria:
- Must be a Human Resources professional;
- Must present a summary of their HR experience and where they are in their HR career;
- Establish a need for the scholarship (i.e. their employer is not paying for the course or materials);
- Submit their purpose in taking the PHR/SPHR exam and what they believe certification will do for them as an HR professional, and
- Complete the entire study group and regularly attend the meetings.
Study Group participants should submit verification of the information required above to Carol Herrington, SNHRA Certification Chairperson, anytime after Study Group meetings begin. Scholarship(s) in the amount of $100 will be awarded to the successful applicant(s).
By: Wesley Shelton and Patrick H. Hicks . Mr. Shelton is an Associate in Littler Mendelson’s Las Vegas Office. He can be reached at wshelton@littler.com. Patrick H. Hicks is the Founding Shareholder of Littler Mendelson’s Las Vegas and Reno offices. He can be reached at phicks@littler.com.
New Definition of “in loco parentis” status under the FMLA
The U.S. Department of Labor has greatly expanded the definition of “son/daughter” for purposes of child-related leaves under the Family and Medical Leave Act (FMLA). In doing so, the Obama Administration has opened the door to extending parental leave to many additional employees. On June 22, 2010, the Department of Labor (DOL) issued an interpretation letter clarifying the definition of in loco parentis under the FMLA. According to the DOL, in order to qualify for in loco parentis status under the FMLA, an employee need only establish one – not both – of the following elements: (1) he of she provides day-to-day care for the child; or (2) he or she is financially responsible for the child.
Under the FMLA, eligible employees are entitled to up to 12 weeks of unpaid leave for the birth, placement, or adoption of a child, or to care for a son or daughter with a serious health condition. According to the FMLA regulations, a son or daughter includes not only a biological or adopted child, but also a “foster child, a stepchild, a legal ward or a child of a person standing ‘in loco parentis.’” Employees who have no biological or legal relationship with a child may stand in loco parentis to the child and be entitled to benefits under the FMLA.
The FMLA regulations define in loco parentis as individuals with day-to-day responsibilities to care for and financially support a child. The DOL’s interpretation seems to broaden that regulatory language by turning “and” into “or.” In this letter, the DOL states that, to attain in loco parentis status, the employee can either be: (1) responsible for the child’s day-to-day care; or (2) financially responsible for the child. Further, the DOL states that, to prove in loco parentis status, an employee need only provide his or her employer with a simple statement “asserting the requisite familial relationship.” In other words, an employee need only state that he or she is responsible for caring for the child or is financially responsible for the child to attain in loco parentis status and therefore become eligible to take a leave of absence under the FMLA.
The DOL’s analysis could affect many employees from grandparents to stepparents and other relatives and guardians. Most notably, the DOL’s opinion is groundbreaking to the extent that, for the first time, it expressly mentions same-sex partners as qualifying for benefits under the FMLA. According to the DOL, “an employee who will share equally in the raising of an adopted child with a same-sex partner, but who does not have a legal relationship with the child, would be entitled to leave to bond with the child following the placement, or to care for the child if the child has a serious health condition...”
Legally, the DOL interpretation letter is merely an opinion of how the FMLA should be interpreted. The interpretation letter does not have the same effect as the statute or the FMLA regulations and does not automatically establish a new legal standard. It remains to be seen whether courts will be persuaded by the DOL’s new interpretation of the term in loco parentis, and whether courts would be willing to adopt the same definition. As a practical matter, however, employers should consider extending FMLA leave time for the birth or adoption of a child, or to care for a sick child, to employees that can establish that they provide day-to-day care for a child, or that they are financially responsible for the child.
Electronic I-9 Final Rule:
The U.S. Department of Homeland Security (DHS) has published a final rule on the electronic signature and storage of the Form I-9. The final rule permits employers to complete, sign, scan and store the Form I-9 electronically as long as certain performance standards set forth in the final rule for the electronic filing system are met.
For more information about this story, click here.
Q.How did you hear about SNHRA?
A. I became a member of SNHRA many years ago and I am not sure how I heard about SNHRA originally. It was either through attending classes at UNLV or because I was a member of SHRM.
Q. Why did you join SNHRA?
A. I joined SNHRA for the educational and networking opportunities. I joined SNHRA early in my HR career and I wanted to make sure I was involved and that I was up to date on what was going on in the world of HR.
Q. Tell us about G. C. Wallace Companies…
A. G. C. Wallace Companies (GCW) is an employee-owned Civil Engineering and Surveying Firm. Founded by G. C. “Scott” Wallace in 1969, GCW grew to its largest size of 477 employees with offices in Las Vegas, Reno, Sacramento, and Mesquite in 2006. GCW designed many of the large Master Planned Communities you see around Las Vegas including Summerlin and Sun City Del Webb and Anthem. More recently, the majority of GCW’s work revolves around public projects such as roadway design and the airport expansion.
Q. Tell us a little about your role with G. C. Wallace Companies?
A. My role at GCW has evolved over the last 13 years. I was originally brought in as a temporary employee through an agency for a two week period. During that time, the supply clerk resigned and I was asked to stay on and take over that position. A few months later I was hired for a full-time job and soon moved into the HR Assistant position. I was attending UNLV at the time and pursuing a management degree.
I changed my major to Human Resources and later received a promotion to Human Resources Manager. I was made a Vice President in 2006. My role with GCW expanded as my knowledge has over the years. One of the most exciting projects I worked on was establishing an onsite wellness clinic for employees. We had a registered nurse on site and put into place a wellness program with incentives to encourage the health and wellness of our employees.
Q. What benefits of membership in SNHRA do you enjoy the most?
A. I enjoy the networking and educational benefits of being a member of SNHRA. Recently, I’ve had the opportunity to be a part of the membership committee and this has enhanced my SNHRA experience. Becoming involved has allowed me to be more a part of the organization and to develop relationships with other members I may not have otherwise
Q. What challenges are you facing as an administrator in the economic downturn?
A.The economic downturn has brought on many challenges. Conducting layoffs and reducing hours for most of our employees over the last three years has been a struggle. Changing legislation as a result of the new administration and economic issues will prove to be the next challenge. Staying involved with organizations like SNHRA and SHRM will ensure we meet these challenges and get through them successfully
Q. What are your favorite things to do in Las Vegas?
A. I am an avid cyclist and spend a lot of my time riding through Red Rock, Mt. Charleston, and my neighborhood in Summerlin and the Lakes. Cycling can be a very social sport when you ride with a group and I have made many lifelong friends through bikinglasvegas.com.
I am currently training for several charity rides coming up this fall including Livestrong, Special Olympics, Viva Bike Vegas benefiting the Nevada Cancer Institute, and a 200 mile 2-day ride from Las Vegas to Mesquite and back benefiting the Multiple Sclerosis foundation. It is very rewarding being able to do something I love so much and to have the opportunity to help charities that are doing their best to help others.
Q. What is one of your favorite restaurants in Las Vegas?
A. My favorite restaurant by far is the YardHouse. The turkey burger is fabulous and I cannot be happier that they opened a restaurant near my home at the Red Rock casino.
Q. What was one of the last shows you’ve seen on the strip that you enjoyed?
A. The last show I enjoyed on the strip was the comedy club at the Riviera. It had been years since I had been to the Riviera and I was pleasantly surprised with the show. The quality of the three comedians I saw that night was outstanding.
Sick Leave:
I urgently needed a few days off work, but I knew the Boss would not allow me to take a leave. I thought that maybe if I acted "CRAZY" then he would tell me to take a few days off. So, I hung upside down on the ceiling and made funny noises. My co-worker asked me what I was doing.
I told her that I was pretending to be a light bulb so that the Boss would think I was "CRAZY" and give me a few days off. A few minutes later the Boss came into the office and asked, "What are you doing?"
I told him I was a light bulb. He said, "You are clearly stressed out. Go home and recuperate for a couple of days."
I jumped down and walked out of the office.
When my co-worker followed me, the Boss asked her, "And where do you think you're going?" She said, "I'm going home too, I can't work in the dark."
Young Leaders...
Young Gordy lived in Vancouver and bought a donkey from a farmer for $100. The farmer agreed to deliver the donkey the next day. The next day he drove up saying 'Sorry son, but I have some bad news, the donkey died.'
Gordy replied, 'Well, then just give me my money back.'
The farmer said, 'Can't do that. I went and spent it already.'
Gordy said, 'Ok, then, just bring me the dead donkey.'
The farmer asked, 'What ya gonna do with a dead donkey?
Gordy said, 'I'm going to raffle him off.'
The farmer said 'You can't raffle off a dead donkey!'
Gordy said, 'Sure I can, I just won't tell anybody he's dead.'
A month later, the farmer met up with Gordy and asked, 'What happened with that dead donkey?'
Gordy said, 'I raffled him off. I sold 500 tickets at $2 each and I made a profit of $898.'
The farmer said, 'Didn't anyone complain?'
Gordy said, 'Just the guy who won, so I gave him his $2 back.'
Gordy now works for the government.
Edited from hr.com
We hope that all of our Members and Friends find the articles contained within R E S O U R C E S useful in your HR environment.
Many thanks to all of you who responded to our requests
for articles and research for this newsletter.
If you have anything you wish to contribute to the next issue, please do not hesitate to email Barry Lippold at blippold@marcison.com.
Contact Barry Lippold at 702-281-6528 for pricing and availability
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Newsletter: 2010 Edition 8