SNHRA.org: Southern Nevada Human Resource Association: Newsletter: Jan 2008 Issue

IN THIS ISSUE:

LEGAL BRIEF:
A LOOK BACK AT 2007 LEGAL NEWS

WHY BECOME CERTIFIED?

MANAGING SMART: TEACHING LINE MANAGERS
HOW TO SUPERVISE

EDITOR's NOTE:
Best wishes for the new year

Welcome to the Winter 2008 edition of our e-newsletter, RESOURCES. We are excited to produce this exciting forum for the communication of issues pertinent and relevant to HR Professionals.

We hope you enjoy the newsletter. It can only get better with your input and comments. If you have any articles for inclusion, comments or requests, please email them to Barry Lippold with the subject: "Resources Article" to: blippold@marcison.com.

We asked Patrick Hicks, Founding Shareholder and Sandra Ketner, Legal Associate at the Reno office of Littler Mendelson to share with us some of the major legal changes to employment law in 2007 to prepare us for 2008:

As the year 2007 comes to a close, now is an appropriate time to reflect upon some of the legal changes that were implemented during the year. Most importantly, now is the time to review your company’s policies and ensure that your company has kept up to date and is in compliance with such changes. Below is a brief summary of the top 5 legal changes that occurred in Nevada in 2007 and some suggested actions to take to ensure that your company is up to speed for the start of 2008.

1. Immigration Law

This summer, Governor Gibbons signed into law Assembly Bill 383, a mixed-bag immigration law that was primarily represented as making human trafficking a felony. However, the law imposes significant new obligations on all Nevada employers that greatly affect an employer’s ability to conduct business in the state. The law, which was unanimously passed by the Nevada Legislature, took effect on October 1, 2007.

The law has two key features relevant to employers. First, it requires the Director of the Department of Business and Industry to include on its website a link to the Social Security Administration where an employer may verify the social security numbers of its employees. Second, it includes a provision allowing for the imposition of fines as well as the suspension or revocation of an employer’s state business license if the employer is found to have willfully, flagrantly, or otherwise egregiously engaged in the unlawful hiring or employment of an unauthorized alien.

In a proceeding to impose an administrative fine or suspend or revoke an employer’s business license, an employer may submit proof that it attempted to verify an employee’s social security number, including but not limited to presenting a printout from the Department’s website, as evidence that the unlawful hiring or employment of an unauthorized alien was not willful, flagrant or otherwise egregious.

With the remaining uncertainty related to the federal government’s strategy for handling illegal immigration issues, states and local governments are likely to attempt to take action in this area. Therefore, employers should stay attuned to the anticipated developments in this area of the law.

Right now, employers can take the following steps to reduce the risk of the imposition of penalties: 1) conducting an audit of current I-9’s to remedy problems and to ferret out work authorization issues; 2) training or re-training of staff who complete I-9 forms to make sure they do so properly, recognize work authorization documents, ask the right questions when questions arise – without discriminating; 3) reviewing/modifying/creating policies for storing and retaining I-9 documents; and 4) discussing the implementation of a policy to utilize the Department’s new link. Employers should consider promptly seeking the advice of experienced employment and/or immigration law counsel to determine the best strategies and practices.

2. Leave Law

On May 17, 2007, Governor Gibbons signed into law Senate Bill 208, a law that further defined both employers’ and employees’ rights and obligations regarding leave for jury duty. The law became effective on May 17, 2007.

The bill, which amends NRS 6.190, prohibits an employer from requiring an employee to use sick leave or vacation time if an employee is summoned for jury duty. It further prohibits an employer from requiring an employee to work within 8 hours before an employee is scheduled to appear for duty or, if the employee’s duty has lasted for at least 4 hours, including the travel time to and from the court, from working between 5 p.m. on the day of the employee’s appearance and 3 a.m. on the day after the employee’s appearance. An employer who violates the law is guilty of a misdemeanor. Finally, the law requires an employee to provide to his or her employer at least 3 days notice before the employee is summoned to appear for duty.

Employers should communicate the changes in this statute to management and review all applicable leave policies to ensure that such policies are in compliance with this newly amended statute. Additionally, employers should notify employees that they are required to provide at least 3 days notice of any anticipated leave for jury duty.

3. Workers’ Compensation Law

On June 15, 2007, Governor Gibbons signed into law Assembly Bill 496, a law that places a new burden on an employer and an insurer who want to cut off temporary total disability benefits and vocational rehabilitation benefits otherwise payable to an injured worker due to that injured worker’s misconduct and related termination from employment. The law became effective on July 1, 2007.

Pursuant to this revision to the Nevada Industrial Insurance Act ("NIIA"), an insurer and employer are now required to “prove by a preponderance of the evidence that: (a) The injured employee was discharged from his employment solely for his misconduct and not for any reason relating to his claim for compensation; and (b) It is the injured employee’s discharge from his employment for misconduct, and not his injury, that is the sole cause for the injured employee’s inability to return to work with the preinjury employer.”

The enactment of the foregoing language under AB 496 marks the first time the Nevada legislature has directly placed the burden of proof on the insurer and employer to justify a denial of benefits.

In light of this shift, employers should ensure that any action taken against an injured worker- and for that matter against any employee - is properly documented and supported by legitimate, non-discriminatory, and non-retaliatory reasons.

4. Discrimination Law

This summer, Governor Gibbons signed into law Assembly Bill 443, a law that broadened the term “disability” to include the condition of human immunodeficiency virus (HIV). Specifically, the bill amends NRS 613.310 to identify HIV as a physical or mental impairment that substantially limits one or more of the major life activities of a person. Notably, this condition is the only condition specifically identified as constituting a “disability” under Nevada law. The amendment became effective on October 1, 2007.

Before the enactment of this amendment, neither federal or Nevada law specified any conditions that constituted per se disabilities under the law. Rather, courts decided whether an individual qualified as having a disability by reviewing and analyzing the limitations on the individual’s major life activities created by the condition or alleged “disability.” Now with the enactment of this amendment to Nevada’s discrimination statute, the Nevada legislature may proceed to identify more conditions which constitute per se disabilities. Such action by the legislature would not only be counteractive to the spirit of the law but would also create a dangerous path which could tempt special interest groups to lobby the legislature to identify other conditions as per se disabilities.

Because the law in the area of disability discrimination is ever expanding, employers should be cognizant that any physical or mental condition could arguably constitute a disability thereby imposing obligations upon employers to take action such as engaging in the interactive process.

5. Minimum Wage Law

In the 2006 election, Nevadans voted to amend the Constitution to set the Nevada minimum wage at least $1 higher than the federal minimum wage. The amendment permits employers who offer employees a qualified health insurance plan to pay a lower minimum wage rate than employers who do not offer such a plan. This two-tiered approach created many challenges for employers as well as for the Office of the Nevada Labor Commissioner regarding the proper application of Nevada’s minimum wage laws.

After nearly one year of holding public hearings to receive input regarding the changes to the minimum wage laws, the Labor Commissioner adopted permanent regulations, which became effective on October 31, 2007, to clarify the changes.

The most notable regulation is the definition of the term “qualified health insurance” which, if offered by an employer, allows it to pay a lower minimum wage rate. Specifically, to qualify for the lower minimum wage rate, an employer must offer a health insurance plan which: 1) covers those categories of health care expenses that are generally deductible by an employee on his individual federal income tax return or provides health benefits pursuant to the Taft-Hartley trust which is formed pursuant to 29 U.S.C. § 186(c)(5) and qualifies as an employee welfare benefit plan under the guidelines of the Internal Revenue Service or the Employee Retirement Income Security Act of 1974; 2) the health insurance plan is made available to the employee and any dependents; and 3) the cost of the premium paid by the employee does not exceed 10% of the gross taxable income of the employee attributable to the employer under the Internal Revenue Code. The regulations also include formulas for calculating whether the portion of the premium for which the employee is responsible exceeds 10% of an employee’s gross taxable income. If an employer does not offer a health insurance plan as defined by the regulations or if an employee is not eligible to participate in such a plan within 6 months of the employee’s employment, the employer must pay the higher minimum wage rate until the employee becomes eligible for coverage under the plan.

While the recently adopted regulations do not resolve all of the issues created by the enactment of the constitutional amendment, they provide formal guidance on some of the more significant issues facing Nevada employers with respect to the minimum wage change. However, because courts have yet to weigh in on their interpretation of the amendment and related regulations, employers should continue to proceed with caution and seek advice of counsel before making any significant changes to their payroll practices in the absence of formal guidance from the Labor Commissioner.

Conclusion

In addition to the legal changes described above, 2007 brought many other changes, too numerous to name, which impact employers. In light of such, employers should take some time to review their current policies and seek advice from legal counsel if necessary to ensure full compliance with every aspect of all new laws – especially since 2008 is sure to bring additional changes and challenges for all.

Patrick H. Hicks is Founding Shareholder of Littler Mendelson’s Las Vegas and Reno offices. He can be reached at phicks@littler.com.

It wasn’t too long ago when we were riding high on the technology wave. It was a job seeker’s paradise—too many jobs and not enough workers. Today, workers struggle to keep their jobs, job seekers are finding new jobs scarce, and employers are trying their best to keep up with the changing economy without sacrificing the quality of their products and services.

During challenging times, an effective HR staff must demonstrate more than “good people skills.” “Good people skills” won’t overhaul an organization’s compensation structure, won’t develop and assess an organization’s training program, won’t help an organization be proactive in developing a culture free of sexual harassment, and won’t develop an OSHA-compliant health safety program.

One way to assess the effectiveness of an HR professional is by certification. An HR department whose staff is professionally certified can—and should—make a significant contribution to the management and strategic direction of an organization. They can ensure that the organization’s people strategy is correctly aligned with its business strategy.

How do you determine which professional certification to look for when staffing your HR department? The most respected certifications for HR professionals are the Professional in Human Resources (PHR), Senior Professional in Human Resources (SPHR) and Global Professional in Human Resources (GPHR) and the new California Certification (PHR-CA & SPHR-CA) from the Human Resource Certification Institute (HRCI). Earning one or more of these designations validates that a professional possesses significant knowledge and experience in all areas of HR, including strategic management; workforce planning; human resource development; compensation and benefits; employee and labor relations, and occupational health, safety and security. Today there are more than 70,000 HR professionals certified by HRCI.

Most HR professionals who take on the challenge of the PHR, SPHR, GPHR, PHR-CA and SPHR-CA exams demonstrate more than knowledge. They display a true dedication to the HR management profession. They show it when they agree to study in excess of 40 hours and when they arrive at the testing center to take the examination. Certified individuals continue to demonstrate dedication to the profession when they maintain their designation by recertifying every three years through professional development or by retaking the examination. They are leaders in the HR profession.

Recruiters take note of the designations as well. Although there may not be an abundance of jobs available today, the lack of jobs has not eased the skills shortage. The lack of a skilled labor pool is still a serious long-term issue. Recruiters should routinely include “PHR, SPHR, GPHR or where applicable, PHR-CA or SPHR-CA preferred” in advertisements for professional-level HR jobs. Recruiters need not worry that adding this preference may decrease the applicant pool. In fact, stating this preference may likely increase the pool of qualified candidates for the position and help separate the wheat from the chaff.

Many certified professionals are members of local chapters of the Society for Human Resource Management (SHRM). This organization is an excellent source for certified HR talent and resources. To learn more about how professional certification for HR professionals can benefit your organization, please visit the HRCI web site at www.hrci.org.

When members find out about Managing Smart, it quickly becomes one of their favorite resources! If your department is responsible for your company newsletter or if you share articles with managers or supervisors on HR or general management issues, then Managing Smart is for YOU!

Managing Smart is an online quarterly newsletter with articles about general management issues that you can use for your own company’s newsletter! It’s free! You can use the entire newsletter with your company logo! There are great articles that you can share with your supervisors. Past issues are archived, so you can use articles from any year since it started in 2000. Article topics deal with things like dealing with problem employees, performance management, interviewing, managing stress, wage and hour regulations, motivating employees, diversity, retention, and much more.

Managing Smart is a unique service available to members of SHRM. Every quarter, a new collection of articles is provided that can help your company's line managers supervise their staffs effectively—and legally. Best of all, as a member of SHRM, you are authorized to distribute copies, excerpts, or e-mails of the newsletter for educational purposes internally within your organization. Each document is also available in MS-Word, which you can download and drop into your company newsletter. Read more about Managing Smart at www.shrm.org/managingsmart.

To access this service on behalf of your company, you must be a member of SHRM. If you are not a member, and would like to learn more about the benefits of SHRM, please visit our membership information section at www.shrm.org/join.

Whether you are a student looking for that first time or summer job or a long time veteran looking for a change of pace, this JOB SEARCH JARGON should help you get on your way...

COMPETITIVE SALARY:
We remain competitive by paying less than our competitors.

FLEXIBLE HOURS:
Work 55 hours; get paid for 37.5.

GOOD COMMUNICATION SKILLS:
Management communicates, you listen, figure out what they want you to do.

ABILITY TO HANDLE A HEAVY WORKLOAD:
You whine, you're fired.

CAREER-MINDED:
We expect that you will want to flip hamburgers until you are 70.

SELF-MOTIVATED:
Management won't answer questions

SOME OVERTIME REQUIRED:
Some time each night and some time each weekend

DUTIES WILL VARY:
Anyone in the office can boss you around.

COMPETITIVE ENVIRONMENT:
We have a lot of turnover.

SALES POSITION REQUIRING MOTIVATED SELF-STARTER:
We're not going to supply you with leads; there's no base salary; you'll wait 30 days for your first commission check.

CASUAL WORK ATMOSPHERE:
We don't pay enough to expect that you'll dress up; well, a couple of the real daring guys wear earrings.

SOME PUBLIC RELATIONS REQUIRED:
If we're in trouble, you'll go on TV and get us out of it.

SEEKING CANDIDATES WITH A WIDE VARIETY OF EXPERIENCE:
You'll need it to replace three people who just left.

PROBLEM-SOLVING SKILLS A MUST:
You're walking into a company in perpetual chaos.

From comedy-zone.net

Note from the Editor:

Fellow SNHRA members, it has been a pleasure and a honor to be associated with the newsletter these past two years. Thanks to all of you whom I have called on for interviews. Thanks to Patrick Hicks, our legal advisor, who is truly a class act as is Denyse, Sandy and Barry. I think that we will have an awesome year also with Bud coming aboard. As you read in our last issue's interview, Bud has a lot of community involvement planned for SNHRA and that can be nothing but positive.

Remember also that if you ever want your family to have a real growth experience of the world, I can help you with that through my non-profit organization called CETUSA, where high school students stay with you during the school year. Call me about this or about your thoughts on the newsletter which I will pass on to the Board.

Take Care All! I hope that I have brought a smile to each of you in at least one of the articles! You can continue to reach me at KGJ906@aol.com

Jim Guynup, Editor
Phone: 207-2379

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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 so quickly responded to our requests 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.