November 2018
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Welcome HR Consultant, Susan Breslauer!

HR Done Right is happy to announce and welcome Susan Breslauer, SPHR, PHRca to the HR consulting team. She brings more than 30 years’ HR experience in both the private and public sectors, with the past 15 years in an HR consulting role. Much of Susan’s work has focused on compliance, benefits, compensation, payroll and HR information systems. She holds a BS from the University of California, Berkeley in Social Science with an emphasis in Human Resources Management.

Susan can be reached at 888-805-5421 x248 or
HRDR Blog: Are You Compliant with Expanded Accommodation Requirements?

Current California law states that all employers must make reasonable efforts to provide employees with a room to express breast milk, “other than a toilet stall.” This room must be private and near the employee’s work area. Employers must also provide a reasonable amount of time for the employee to express milk.

Missed our post? Read it here.

2019 Training Program

The HR Done Right team will be offering expanded training sessions in 2019 at our Sacramento office. Governor Brown passed SB 1343 which expands the requirements for harassment prevention training for California employers. Employers with five or more employees will be required to provide training to all employees by January 1, 2020.

A two-hour supervisory session will be held on February 5, 2019 beginning at 9:00am. A one-hour employee session will be held on February 27, 2019 at 9:00am. Registration will open soon.

Interested in customized training options at your company location? Contact us for a quote.

Office Closure

HR Done Right will be closed Thursday, November 22 and Friday, November 23 in observance of the Thanksgiving holiday. Normal business hours will resume at 8:00 AM on Monday, November 26.

October 2018
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Thank You for Attending the Fall Employer Seminar

HR Done Right and Benefits Done Right had the honor and pleasure of hosting the Fall Employer Seminar on Wednesday, October 3 at Piatti. Thank you to all who were able to join us. If there are topics you would like us to consider for future events, we would love to hear from you. Plans for our next event are already underway. Stay tuned for more information!.

2019 Compliance Posters

2019 is around the corner. Contact your HR Done Right Team today if you would like to pre-order updated compliance posters.

The "#MeToo Effect" on California Legislation

The #MeToo movement was born soon after the explosive New York Times feature exposing extensive allegations of sexual harassment against Harry Weinstein. Since then, we have seen many other public figures brought into the spotlight including actors, politicians, TV personalities and comedians.

Missed our post? Read it here.

Expanded Training Requirements Coming Soon!

Governor Brown passed SB 1343 which expands the requirements for harassment prevention training for California employers. Employers with 5 or more employees will be required to provide training to all employees by January 1, 2020.

The HR Done Right team will be offering expanded training sessions in 2019 at our Sacramento office. Contact us if you have questions regarding the new training requirements or to request sessions delivered at your company location.

HRDR Out & About - 2018 Best Places to Work

Thank you to the Sacramento Business Journal for hosting a great event on October 11. We were proud to support an event honoring our region’s top workplaces.

Pictured at our exhibitor table is HR Consultant, Julie Worley and founder, Laurie Rood.
September 2018
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Have You Reserved Your Seat? Employer Seminar 2018

Join us for a critical conversation. Our seminar will address violence prevention and mental health in the workplace. We have consulted with employers on these issues all year and hope you will join us October 3 – our speakers will share their insights and offer practical guidance on how to be prepared for, prevent and address these modern day business challenges. Then, stay after and enjoy happy hour with our presenters and other attendees.

Additional details and registration can be found here.

Managing Overtime in California

California’s wage and hour laws are unlike any other state, which can make them a challenge to correctly interpret. In recent weeks, two northern California employers have been named in separate class action lawsuits regarding failing to properly pay overtime. What does this mean for employers across California? A clear, well-defined and consistently followed policy is essential.

In California, an employee earns one-and-one-half times their regular rate of pay when they work over eight hours in a day and during the first eight hours of their seventh consecutive day in a defined work week. Employee’s earn double their regular rate of pay when they work 12 hours or more in a day or more than eight hours on their seventh consecutive day in a defined work week. Employers should also consider any applicable federal overtime laws and industry specific requirements.

The employee’s regular rate of pay is used when calculating overtime as opposed to their normal hourly rate of pay. An employee’s regular rate of pay may include their base rate of pay plus commissions, bonus or piece work earnings.

Two critical components to a company’s practice and policy should include language stating that “off the clock” work or not reporting direct time worked is a violation of company policy. An employee who shows up early for their shift or stays late after their shift should not be clocked in if they are not performing work on behalf of the company.

Employers can and should require employees to approve their time sheets at the end of each pay period. This ensures the employee has acknowledged they were given their meal and rest breaks as well as stating that any overtime worked was approved. This can help decrease future claims of unpaid overtime or missed breaks.

Some employers opt to make employees “salaried”, in an effort to avoid being subject to timekeeping and overtime requirements. We will address this approach in a future post.

Now is the time to review your time tracking and overtime policy. A consultant is available to review your current policy or assist in the creation of a new policy.

Through Wind and Rain, Your Employees Must Be Paid

With the wildfires in California and now Hurricane Florence, many employers have experienced business closures, lack of power, and limited access to technology. How do these events affect business operations and compensating your employees?

Exempt vs Nonexempt
During a natural disaster, exempt employees that perform any work during the work week are entitled to be paid their full salary. If an employer decides to shut down operations early and exempt employees work a partial day, no deductions should be made from their regular salary.

Nonexempt employees must be paid for all time worked, whether at the work site or remote. In regular incidences, if a nonexempt employee reports to work and is sent home prior to the end of their shift, they must be paid for half of their scheduled shift, no less than two hours but no more than four hours. This is not required when there is a natural disaster in which the employer has no control.

Travel Time
While an employee’s typical commute may be extended due to a natural disaster, the commute to and from work is generally not considered compensable time. If the employee is driving during work hours and is under the direction of their employer, this time is compensable and must be paid even if above and beyond what is typical.

Late Wage Payments
If an employer is unable to process payroll on time, they are required to provide written notice to their employees with pay date changes. This notification should be done as quickly as possible.

In Closing
There are many factors to consider when dealing with a natural disaster. A consultant is available to help make sure your employees are taken care of.

August 2018
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Every Second Counts in California - Troester v. Starbucks

Locking up. Taking out the garbage. Setting the alarm. All of these may be expected of an employee after they have clocked out and are at the end of a workday. Last month, the California Supreme Court ruled that de minimis time can no longer be unpaid. De minimis is something so small or trivial that it is too difficult or cumbersome to track.

The Court ruled that because de minimis time is stated in federal law but not expressly stated in the California labor code, employees were entitled to be paid for these small periods of time. The Court stated that California has not expressly adopted the federally held de minimis rule in applicable wage orders or the labor code. The de minimis rule also contradicts California labor law that states employees must be paid for all hours worked. With this ruling, California employers must ensure all employees are being paid for every minute they are performing work or under the control of the employer.

While not every specific situation has been addressed, employers should review timekeeping practices and ensure all employees know to report any time worked that was not recorded. Train your managers and supervisors to not allow employees to perform any work while ‘off the clock’, even if they volunteer. A consultant is available to review your policy and timekeeping practices.

A Few Seats Left - Harassment Prevention Training

Join us in Sacramento for our next in person harassment prevention training session August 22. This session is almost full. Click here to reserve your seat today!
HRDR Blog: What - Unlimited Paid Time Off?!

Unlimited paid time off (PTO) has gained momentum, with household names like Netflix, Honeywell, Dropbox and GE offering unlimited time off to many, and in some cases all of their employees. While these large employers may have started the trend, many smaller companies are also offering this unique benefit. Regardless of your headcount, there are many factors to consider prior to implementing an unlimited time off policy.

Missed our post? Read it here.

Immigration Update - Temporary or Permanent?

California employers are now able to grant Immigration and Customs Enforcement (ICE) access to the worksite and employee personnel records without a subpoena or judicial warrant. A recent ruling has changed the terms of AB 450 also known as the Immigrant Worker Protection Act. Effective January 1, 2018, this bill sought to protect California employees from ICE inspections and raids.

The Department of Justice sued the state of California earlier this year and a US District Court Judge ruled that California’s law directly challenged the US Constitution Supremacy Clause. This clause prohibits states from administering legislation that conflicts with federal law.

Subpoenas and/or warrants are not required for worksite inspections, for now. There is a strong likelihood that this ruling will be appealed by California. Employers are still required to notify employees of an inspection as well as provide the results to employees after the inspection. A consultant is available to help you implement a notification policy that is efficient and compliant.

Save the Date: HRDR Education Event

HR Done Right will be hosting an educational event in Sacramento, October 3. You will learn about violence prevention and addressing mental health in the workplace straight from the experts. Mark your calendars, this is not one to miss. Look for registration information later this month.

July 2018
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Reserve Your Seat - Harassment Prevention Training

Join us in Sacramento for our next in person harassment prevention training session August 22. Seats will fill up quickly. Click here to reserve your seat today!

HRDR Blog: Time Off Policies – Should You Follow the Trend?

In a recent study by Mercer, it was discovered that combined paid time off (PTO) policies have skyrocketed to over 63%, up from just 38% in 2010. To remain competitive, many employers are shifting how they structure their traditional sick and vacation policies in favor of a combined PTO policy.
Miss our post? Read it here.

Updated Protections Under FEHA – Are You Covered?

July 1, 2018 brought a new wave of legal changes to California. Though most of the changes occurred in certain regions, an update to FEHA will affect employers statewide. The California Fair Employment and Housing Act (FEHA) requires employers with 5 or more employees to refrain from employment discrimination for a myriad of reasons. The most recent update was to discrimination based on national origin. National origin discrimination covers a wide range of protected activities including English-only language policies, English proficiency and accents.

The change expanded the national origin regulations to include protection based on actual or perceived association with “indigenous or ethnic groups”. A summary of the new regulations can be found here.

Question of the Month: "Are there required details that must be included on my employee’s wage statement/pay stub?"

Yes, and while most payroll companies include standard details, employers want to ensure their wage statements comply with California requirements. Refer to this checklist when doing a spot check of your wage statements.

  • Full name and address of the employer’s legal entity
  • Name of the employee and employee ID number (can also be last four digits of the employee’s social security number)
  • Pay period start and end date
  • Gross wages earned in the pay period
  • Total hours worked in the pay period (non-exempt)
  • All deductions
  • Net wages earned
  • All applicable hourly rates during the pay period, and the hours that correspond to each rate
  • If applicable, the number of piece-rate units produced and applicable rate of pay
  • Though not required to be on the wage statement, it is recommended to include all applicable time off hours such as paid sick leave, sick, vacation or paid time off.

    Talk to a consultant for more information regarding recommended and required details on your wage statements.

    June 2018
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    Critical Conversations: Mental Health in the Workplace

    It’s headlining the morning news show. It’s all over social media. It’s being talked about at the water cooler. The suicides of public figures Kate Spade and Anthony Bourdain have catapulted mental health into the spotlight and shined a light on a topic that can sometimes be difficult to discuss. The World Health Organization found that suicide was one of the top 20 leading causes of death in 2015 and was the leading cause of death of people between the ages of 15-29.

    Americans with a full-time job work an average of 47 hours per week, which means a large portion of our waking hours are spent around those we work with. If you observe a change in behavior in someone, don’t be afraid to start a conversation. By starting with "I wanted to check in, you haven’t seemed like yourself lately," you are giving them the opportunity to open up and ask for help if they need it. These conversations are not always the easiest to start, but do not shy away from it. There are resources that can help identify warning signs of mental illness or other changes in behavior.

    An Employee Assistance Program (EAP) can also be a beneficial resource. Employers can direct their employees to services covered in their EAP to continue the recovery process. By providing an EAP, you can help reduce the effect untreated mental illness can have on your company.

    The conversation about mental health in the workplace is not going away. Employers have an opportunity to help their employees receive the help that is needed. Your consultant is available to provide guidance on starting these conversations.

    HRDR Blog: Hire Right by Identifying Soft Skills

    The country is buzzing about the current unemployment rate. In May 2018, the national unemployment rate hit an almost record-breaking 3.8%. In the past we have discussed retaining and recruiting your employees, but what happens when the talent pool is a fraction of what it used to be?

    Soft skills have become essential to hiring the best candidate. But what exactly are soft skills? How can you identify them in an interview? Why is this so important with the current state of the talent pool?

    Missed our post? Read it here.

    Summer Heat = Dress Code?

    A California summer means one thing...heat! Employees would rather be sitting by the pool instead of sitting in their office. To combat the summer blues, many employers have adopted a summer dress code policy. Whether you already have one or you are looking to implement one, there are a few key factors to consider.

    Safety should be the first priority. While summer sandals are fun to wear, they may not be compatible with your work environment. Loose clothing can also be a hazard when working around machinery. Having specific items that are prohibited listed in your policy can help alleviate questions that may arise.

    While jeans and a tank top might be acceptable for some employees, those in a client or customer facing role might have different standards. It is important for your policy to state that employees should dress appropriately for their day.

    While summer in California can seem like it lasts all year, we recommend including applicable dates for your summer dress code. Many employers use Memorial Day to Labor Day as a general practice.

    Office Closure: Independence Day

    HR Done Right will be closed Wednesday, July 4, 2018 in observance of the Independence Day holiday. We will respond to all email and voicemails when normal business hours resume at 8:00 AM Thursday, July, 5, 2018.

    May 2018
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    ABC... Not Always As Easy As 123

    The independent contractor versus employee topic has always been a highly debated subject. Misclassification can get employers into hot water faster than you can say "PAGA." The Private Attorneys General Act (PAGA) has given disgruntled former employees the outlet to file suits and recover civil penalties on behalf of themselves and others for labor code violations. Therefore, the new California ruling that changes the classification requirements has the potential to shake up many employers workforces and attract attention from plaintiffs attorneys.

    Previously, the general rule was "whether the person to whom service is rendered (the employer or principal) has control or the right to control the worker both as to the work done and the manner and means in which it is performed," they were considered an employee. This is no longer the case. The April 30 ruling by the California Supreme Court has introduced the ABC test in California, a method that many states have previously adopted.

    The new ABC test is a three-part test. Each worker much fall under each of the three categories, not just one. The three parts are:

    • Part A: The worker is free from the control and direction of the hirer in connection with the performance of the work, both under the contract for the performance of the work and in fact;
    • Part B: The worker performs work that is outside the usual course of the hiring companys business; and
    • Part C: The worker is "customarily engaged in an independently established trade, occupation, or business of the same nature" as the work performed for the hiring entity.

    In summary, the worker must be free to perform the work when and how they choose. The worker also must be performing work that is not aligned with the main business purpose of the company. Finally, the worker is more likely to be classified as an independent contractor if they have gone into business for themselves. A plumber, a bookkeeper and an IT professional are all examples of workers that are commonly correctly classified as independent contractors.

    Misclassifying a worker as an independent contractor can open employers up to potential claims of wage and hour violations. The burden is on the employer to prove why their workers have been classified as independent contractors. This is the time to review your practices and ensure your independent contractors still fall under the ABC test requirements. Your HR team and legal counsel is available to provide guidance on classifying your employees.

    HRDR Blog: Millennials In The Workforce

    In 2017, Millennials were the highest demographic in the workforce at a staggering 35%. It is estimated that Millennials will represent 75% of the workforce by 2025. In recent posts, we have discussed how to recruit and retain your employees. But what about these Millennials?

    Missed our post? Read it here.

    EEO-1 Report Deadline Extension

    The Equal Employment Opportunity Commission (EEOC) has extended the deadline to file 2017 EEO-1 reports to June 1 from March 31. Private employers with more than 100 employees are required to file this report on an annual basis through an online filing application. Additional information on who needs to file or how to file can be found here.

    Office Closure: Memorial Day

    HR Done Right will be closed Monday, May 28, 2018 in observance of the Memorial Day holiday. We will respond to all email and voicemails promptly when normal business hours resume at 8:00 AM Tuesday, May, 29, 2018.

    April 2018
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    Q & A: Employee Terminations

    We receive calls weekly, sometimes daily with questions from clients regarding how to handle employee terminations. In this newsletter, we will feature the answer to the most frequently asked questions.

    Q1: I want to terminate my employee today. What do I need to provide them?
    A: Assuming the reasons for termination are lawful, you must provide the employee with the required paperwork along with their final paycheck on their last day of work. Required paperwork in California includes an acknowledgement of final pay, HIPP Notice in their preferred language, change in relationship form, and Form DE 2320 from the EDD regarding unemployment benefits.

    Q2: My employee just told me today would be their last day! What do I do now?
    A: In this scenario, the employee is the "moving party." If no advanced notice was given, the employer has 72 hours to provide the employee with their final check and required documents (for list of required documents, see question 1).

    Q3: My employee has been late on numerous occasions, despite several verbal warnings. Can I let them go today?
    A: The short answer here is yes. The follow up would be, "let\s have a conversation." While there are many scenarios that can play into an employee being late, in this particular scenario, the key is documentation. Do you have dates and other supporting details? If you\ve met with the employee, have you documented these meetings in their personnel file? A record of the tardies as well as any verbal warnings should be documented and kept in the personnel file.
    It is important to identify the reason the employee is late. Are they 5 minutes late or 30 minutes late? What steps are they taking to improve their timeliness? Do they require some form of reasonable accommodation? These conversations are important because despite California being an at-will state, each termination must be for lawful cause.
    This is just a snapshot of the questions our team receives regarding terminating an employee. Keep an eye out for our next Q & A topic!

    HRDR Blog: Recruiting Strategies During Low Unemployment

    Many employers are struggling to find the talent they need in today\s job market. The Employment Development Department (EDD) reported a 4.5% unemployment rate in California, and some northern California counties have unemployment rates below 3%. Last month we discussed how increasing employee engagement can help to reduce turnover. A strong recruiting strategy is equally vital in your arsenal, therefore our topic of this month\s post.

    Missed our post? Read it here.

    Managing Leave Laws In California

    The alphabet soup of leave laws in California can be a complex process. FMLA, CFRA, PDL, PFL, PSL -keeping abreast of these and the many other types of leaves, in addition to knowing how they interact with each other can be a challenge to navigate.

    Certain leave laws in California run concurrently while others may be taken in subsequent order. While some leaves provide supplemental wages and job protection, others may provide one but not the other. Whether an employer is subject to compliance with a particular law is typically determined by the number of employees in a company or the number of employees within a certain geographic area.

    Company policies should include the legally required leaves offered as well as any other types of leave provided by the company. These policies should be reviewed on an annual basis to ensure they are up to date and in compliance with current law. Contact our HR consulting team if you need guidance on policy review or compliance with the leave laws applicable to your company.

    March 2018
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    Keep Your Employees Informed - New Form W-4

    The Internal Revenue Service (IRS) has released the 2018 version for Form W4, Employee's Withholding Allowance Certificate. Many employees have questions surrounding new tax laws and how their pay is impacted.

    Click here for a summary to help walk your employee through the changes.

    HRDR Blog: Employee Retention Strategies

    Employers in California are feeling the effects of the low unemployment rate. According to the Employment Development Department (EDD), the unemployment rate for California in January 2018 was 4.6%. While this is not the lowest it has been in the recent past, it certainly is affecting the retention strategies of many employers across the state.

    Missed our post? Read it here.

    Employee Handbooks: Should You Or Shouldn't You?

    One size no longer fits all when it comes to employee handbooks. Gone are the days of simply "implementing a new employee handbook." This raises an important question, who really needs an employee handbook?

    Contrary to popular belief, there is no state or federal law that requires employers to have a handbook. Should an employer decide to have a handbook, they are then legally required to provide certain policies in the handbook and keep it updated regularly. Also, multi-state employers should have handbooks that are compliant with each state's specific laws.

    Alden Parker, Regional Managing Partner of employment law firm Fisher Phillips, shared his opinion on why all employers should have a handbook. "A good handbook is worth its weight in gold. It acts as a guide for managers and employees to set and understand expectations. Rather than having a confusing patchwork of policies, a handbook helps guide the employment relationship in a cohesive, efficient manner. Ultimately, as a litigator who meets many employers during their darkest hours, facing a lawsuit by a former employee, those employers without a handbook are at a far greater risk than those with a set of policies laid out in a handbook that are consistently and fairly applied."

    While being compliant is something every employer strives to be, a handbook might not be immediately feasible for employers with 15 or fewer employees. If this is the case, having a set of key policies that is distributed and consistently applied company-wide is crucial. Eli Makus, an employment law attorney at Ellis Buehler Makus, said the following about why small employers might decide not to implement a handbook: "While it's common practice to adopt an employee handbook, it's not a legal requirement. Small employers may be able to achieve their legal obligations with key policies and thoughtful, consistent practices. Handbooks can be expensive and time consuming, which may not be worth the investment for a small employer."

    Uncertain what direction is best for your company? Contact HR Done Right today.

    Large Employers and Contractors Must File EEO-1 Report

    As a reminder, certain employers must submit their 2017 EEO-1 reports to the U.S. Equal Employment Opportunity Commission (EEOC) no later than March 31, 2018.

    Background and Reporting Requirements
    The EEO-1 report is a compliance survey that requires private employers with 100 or more employees and federal government contractors or first-tier subcontractors with 50 or more employees and a contract/subcontract of $50,000 or more to categorize their employment data by race/ethnicity, gender, and job category.

    A sample copy of the EEO-1 form and instructions are available here. EEOC's EEO-1 website contains additional resources on the requirement.

    Reprinted with permission from

    February 2018
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    Register Today - Harassment Prevention Training

    Some California employers are required to complete mandatory training under California AB1825. This interactive, in person training session will be facilitated by HR Done Right's certified harassment prevention trainer, Julie Worley. This training meets AB1825 compliance requirements. Whether or not your business must comply with AB1825, this program is beneficial for all business owners, supervisors and HR professionals.

    Click here to register, seats will fill up quickly!

    Workplace Security - What To Do & How To Do It

    Workplace violence is something every HR professional and business owner hopes they will never have to experience in their career. Unfortunately, more and more incidents of violence in the workplace are being reported every year. The recent shooting at a high school in Florida brings to light an important question many people may be reflecting on, "Am I doing everything I can to keep my people safe?"

    HR Done Right reached out to well-known security expert Hector Alvarez, CTM, for his insight. Hector's article can be found here.

    HRDR Blog: ICE raids in Northern California

    US Immigration and Customs Enforcement (ICE) is a federal government law enforcement agency that is responsible for identifying and eliminating various security vulnerabilities in the United States. This government agency kicked off 2018 by raiding one hundred 7-11 stores throughout the US. On February 2, more than 75 businesses were visited by ICE, all in Northern California.

    Missed our post? Read it here.

    Is Direct Deposit Putting You at Risk?

    "It's my money and I need it now!" Perhaps you recognize this phrase from a popular television commercial. Instant gratification is something that many people feel on a regular basis, especially on pay day. The idea of picking up a paper paycheck on a Friday, driving to the bank, then waiting 3 days for the funds to clear is a thing of the past. Direct deposit has become the new normal.

    Why this is important

    So, employers should mandate their employees to have direct deposit then, right? Wrong. Though employers might prefer, or even expect that every employee will sign up for direct deposit, employees have every right to request a paper paycheck. Employers cannot urge or require that an employee enrolls in direct deposit.

    California employers must provide easily accessible wage statements every pay cycle. What exactly does "easily accessible" mean? Employees should be able to download from a secure website and print previous wage statements at any time with no cost to them. The wage statements should be accessible from a work computer or a personal computer. For companies that do not have online access, printed copies are also acceptable.

    A bit more about wage statements

    Each wage statement, whether downloaded online or hand delivered, must include 9 specific pieces of information to be compliant with Labor Code 226. The Healthy Workplace Healthy Family Act of 2014 also requires employers to provide employees with their sick leave balance on each pay day, frequently included on the wage statement.

    As part of our onsite HR practices review, we examine current wage statements for compliance. If you have questions, please call the HR Done Right office at (888) 805-5421.

    January 2018
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    You're Invited - What to Expect in 2018: Are You Prepared?

    HR Done Right has teamed up with Fisher Phillips for this exciting event o n Thursday January 25, 2018. You will hear the highlights from 2017 that wi ll have an impact on 2018, and what you should be doing now as a California employer. Speakers: Alden Parker - Regional Managing Partner, Fisher Phillips & Julie  Worley - HR Consultant, HR Done Right.

    Click here to register. Seats are filling up quickly!
    HRDR Blog: What Proposition 64 Means for Employers

    The legalization of marijuana has been one of the most talked about topics in California thus far in 2018. Proposition 64 has caused some employers to question if they should continue drug testing their employees.

    Missed our post? Read it here.

    Reminder: Post OSHA Form 300A Starting February 1

    Certain Employers Subject to OSH Act Must Post Form Until April 30.
    Employers subject to the recordkeeping requirements of the federal Occupational Safety and Health Act (OSH Act) are reminded to post their 2017 OSHA Form 300A, Summary of Work-Related Injuries and Illnesses, from February 1-April 30, 2018.

    OSHA Form 300A lists the total number of job-related injuries and illnesses that occurred during the previous year, and must be posted even if no work-related injuries or illnesses occurred during the year. It should be displayed in a common area where notices to employees are usually posted so that employees are aware of the injuries and illnesses occurring in the workplace. In addition, a company executive must certify that he or she has examined the employer's OSHA Form 300, Log of Work-Related Injuries and Illnesses, and that he or she reasonably believes-based on his or her knowledge of the process by which the information was recorded-that the OSHA Form 300A is correct and complete.

    For more information, please click here.

    Article reprinted with permission from

    Save the Date: Harassment Prevention Training

    Some California employers are required to complete mandatory training under California AB1825. This interactive, in person training session will be facilitated by HR Done Right's certified harassment prevention trainer, Julie Worley. This training meets AB1825 compliance requirements. Whether or not your business must comply with AB1825, this program is beneficial for all business owners, supervisors and HR professionals.

    Click here to register!
    December 2017
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    Holiday Bonuses - What You Need To Know

    This time of year, many employers reward employees with a holiday bonus. While this is a generous employee perk, employers should be aware of the compliance implications when paying bonuses.

    Discretionary or non-discretionary. Discretionary bonuses are typically not announced beforehand and there are no specific metrics tied to "earning" the bonus. A non-discretionary bonus is the opposite - it is often defined, communicated in advance and there are criteria associated with the awarded amount, or potential amount. Why does the basis for determining a bonus matter? Because if it is non-discretionary, the bonus amount needs to be factored into overtime rate of pay calculations.

    Taxable or non-taxable. Cash benefits are taxable income to your employee. The IRS classifies fringe benefits as non-cash items valued at $100 or less to be non-taxable items.
    Yes, those gift cards at your local grocery store are taxable to your employee, even if they are valued at less than $100. If you want to award non-cash items that are not viewed as income, we have several ideas: offer to make a coffee-run to the favorite coffee shop near your office, s tock the break room with everyone's favorite snacks, host a pizza party, or purchase personalized gifts that are under that $100 threshold.

    Don't let the rules and regulations discourage you from giving bonuses if that is your practice. Talk to your HR consultant for more guidance.

    Welcome New HRDR Team Member

    The Done Right family is growing! We are excited to welcome Kimberly Parker, HR Specialist to HR Done Right. Kimberly started her human resource career in recruiting, and comes to us after working for a global manufacturing company. She is a northern California native, having graduated from Chico State with her Bachelor's degree in Business Administration - Human Resources  with a minor in Project Management. She presently holds her Associate Professional in Human Resources™(aPHR™) from the HR Certification Institute. In addition to providing direct client support, Kimberly also assists with marketing and business development. Welcome, Kimberly! 

    Are You Ready for the New Laws Impacting California Employers in 2018?

    This is the time of year when many people reflect on the year and revisit personal goals and tasks they planned to accomplish. The same is true with business. Legislative bills signed by the governor this year will take effect in January.   

    Missed our post?  Read it here.
    Save the Date: Legal Update Event

    Mark your calendar! In partnership with the Sacramento office of Fisher Phillips, LLP we will host an HR update event for employers Thursday, January 25, 2018 in Sacramento. Registration and additional details 
    will follow.

    Holiday Office Closure

    HR Done Right will be closed Monday, December 25, 2017 through Friday, December 29, 2017 and Monday, January 1, 2018 in observance of the Christmas and New Year holiday. Normal business hours will resume at 7:30 AM on Tuesday, January 2, 2018.

    November 2017
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     In This Issue:Top
    Employee Retention Strategies in a Competitive Job Market

    According to the Bureau of Labor Statistics, the national unemployment rate dropped to 4.1 percent in October. Job gains occurred in food services and drinking establishments, professional and business services, manufacturing and health care. When the unemployment rate is low, employers often find themselves competing to retain and attract talent.

    Missed our post? Read it here.

    Harassment - From Hollywood to Washington to Your Workplace

    It has seemingly become the norm to turn on your TV or mobile device and hear about yet another member in the public eye being accused of, or confessing to sexual harassment. Politicians, actors, judges - the list goes on. This heightened awareness is causing employers to take notice.

    Missed our post? Read it here.

    BDR Blog: New ACA Rating Methodology Effective January 1

    As of January 1, 2018 the ACA age band structure will be adjusted to expand the number of single age bands for dependent children in the 0-20 age segment. Additionally, the definition of the 3:1 ratio rule has been adjusted.

    Click here for full details on the BDR blog.

    Select Cities to Raise Minimum Wages in 2018

    New Rates Effective January 1, 2018

    The cities of Mountain View, Richmond, and Santa Clara will raise their respective minimum wage rates for 2018.

    Mountain View
    On January 1, 2018, the Mountain View minimum wage will rise to $15.00 per hour (from $13.00 per hour) for eligible 
    employees . Covered employees are entitled to these rights regardless of immigration status.

    An employer may not use an employee's tips or fringe benefits (e.g., health insurance, vacation, or sick leave) as a credit towards the employer's obligation to pay the local minimum wage.

    On January 1, 2018, the Richmond minimum wage will rise to $13.41 per hour (from $12.30 per hour) for eligible 
    employees . Employers may generally deduct $1.50 per hour from the local minimum wage if they pay at least that amount for the employee's medical benefits plan.

    Santa Clara 
    On January 1, 2018, the Santa Clara minimum wage will rise to $13.00 per hour (from $11.10 per hour) for eligible 
    employeesCovered employees are entitled to these rights regardless of immigration status.

    Generally, employers are not able to use an employee's tips or fringe benefits (e.g., health insurance, vacation, or sick leave) as a credit towards the employer's obligation to pay the local minimum wage. (However,  click here  for special rules concerning commissions and guaranteed gratuities.)

    Article reprinted with permission from
    Office Closure: Thanksgiving Holiday

    HR Done Right will be closed Thursday, November 23, 2017 and Friday, November 24, 2017 in observance of the Thanksgiving holiday.

    We will process and respond to all email and voicemails promptly when normal business hours resume at 7:30 AM on Monday, November 27, 2017.

    October 2017
    Stay Current Newsletter
     In This Issue:Top
    Art1New Laws Impacting California Employers in 2018

    HR Done Right has been following several employment legislative bills over the last few months that have now been signed by the Governor. 

    Missed our post? Read it here.
    Art2BDR Blog: President Trump Issues Executive Order on Healthcare

    On October 12, 2017, President Trump issued an executive order on healthcare. The operative provisions of the order relate to association health plans (AHPs), short-term limited duration insurance (STLDI) and health reimbursement arrangements (HRAs). While the order does not have any immediate impact on existing law or regulations, it directs the federal regulatory agencies (the Departments of Treasury, Labor and Health and Human Services) to consider drafting new regulations that could ultimately have significant impact on health insurance markets.  

    Click here for full details on our BDR blog.
    Art3The Human Side of Catastrophes - What to Do?

    As business owners and HR professionals , protecting the assets of the organization is a priority - this includes protecting our human capital. In recent weeks, we've witnessed devastating hurricanes, uncontrolled flooding, wildfires and mass shootings. These events may affect job performance and an individual's mental and emotional well-being, all of which impacts the workplace. What can a business do when this happens? 

    Missed our post? Read it here.

    Art4Computer Software Exemption Update

    California Division of Labor Standards Enforcement (DLSE) increases the computer software exemption minimum salary level to $43.58 hourly, $7,565.85 monthly and $90,790.07 annually.

    Employers with employees who work under the computer software exemption should implement the new salary requirement by January 1.

    September 2017
    Stay Current Newsletter
     In This Issue:Top
    art1Department of Labor's Overtime Ruling Update

    Last December, the federal minimum salary for exempt employees was set to increase from $23,660 to $47,476. You may have heard that the U.S. District Court for the Eastern District of Texas just struck down the ruling.

    Missed our post? Read it here.

    Art2Harassment Prevention Training

    Some California employers are required to complete mandatory training under California AB1825. This interactive, in person training session will be facilitated by HR Done Right's certified harassment prevention trainer, Julie Worley. This training meets AB1825 compliance requirements. Whether or not your business must comply with AB1825, this program is beneficial for all business owners, supervisors and HR professionals.

    Wednesday October 18, 2017

    8:15 AM Registration
    8:30- 10:30 AM Training

    Register today - this popular class will fill up quickly!

    art4IRS Offers Guidance to Prepare for Hurricanes, Floods, and Other Disasters

    For September's National Preparedness Month, the IRS is offering the following guidance to those who may be affected by storms, fires, floods, or other disasters:
    • Create electronic copies of key documents. Keep a duplicate set of key documents (e.g., bank statements and tax returns) in a safe place. Much financial information is available online, and electronic documents can be downloaded to a storage device such as an external hard drive or USB flash drive, or burned to a CD or DVD. Even if original documents are only provided on paper, these can be scanned into an electronic format.
    • Document valuables. Documenting valuables (such as by photographing or videotaping) ahead of time will make it easier to quickly claim any available insurance and tax benefits after a disaster strikes. Photos should be stored outside the disaster area.
    • Check on fiduciary bonds. Employers who use payroll service providers should ask the provider if it has a fiduciary bond in place. The bond could protect the employer in the event of default by the payroll service provider.
    • Update emergency plans. Because a disaster can strike at any time, be sure to review emergency plans annually. When employers hire new employees or when a company or organization changes functions, emergency plans should be updated accordingly, and employees should be informed of the changes.
    • How to Contact the IRS. In the case of a federally declared disaster, an affected business can call 1-866-562-5227 to speak with an IRS specialist trained to handle disaster-related issues. Back copies of previously-filed tax returns and all attachments, including Forms W-2, can be requested by filing Form 4506Request for Copy of Tax Return.
    Click here to learn more.

    Article reprinted with permission from

    August 2017
    Stay Current Newsletter
     In This Issue:Top
    Revised Form I-9 art1

    U.S. Citizenship and Immigration Services (USCIS) has released a new version of Form I-9, Employment Eligibility Verification. Employers must begin using the form, with a revision date of July 17, 2017 by September 18, 2017. All U.S. employers must complete a Form I-9 for each person they hire for employment, including citizens and non-citizens. 

    The new Form I-9 can be downloaded here.
    California Court of Appeal: Employers May Provide Waiting Periods Before Employees Become Eligible to Earn Vacation art2

    Decision May Impact Workplace Policies and Practices

    The California Court of Appeal (Fourth Appellate District) has released an opinion stating that employers may provide waiting periods before employees become eligible to earn vacation.

    According to the opinion, an employer may provide a waiting period before an employee becomes eligible to earn vacation, and if the employer's policy is clearly stated, the waiting period policy is enforceable. If vacation pay is not earned, it is not vested, and therefore there is no entitlement to vacation pay at the termination of the employment relationship.

    An employer may lawfully decide it will not provide paid vacation. An employer can also provide paid vacation after a specified waiting period. According to the court, this is similar to an employer's authority to limit the amount of vacation pay that may be earned.

    Under state law, whenever an employer policy (or contract of employment) provides for paid vacations, and an employee is terminated without having taken off his or her vested vacation time, all vested vacation generally must be paid as wages at his or her final rate in accordance with such policy (or contract) respecting eligibility or time served. An employer policy (or employment contract) may not provide for forfeiture of vested vacation time upon termination. Vested vacation pay cannot be taken away and all vacation pay is vested when earned. However, there is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time.

    Click here to read the opinion.
    Do you have questions about how the decision may impact your workplace practices? Contact HR Done Right, or your legal counsel. 

    Article reprinted with permission from
    Did You Know? Resource for Employers art3
    In 2015, California's Department of Fair Employment and Housing (DFEH) received 4,822 sexual harassment claims.

    In 2016 the Equal Employment Opportunity Commission (EEOC) received 6,758 charges alleging sexual harassment.

    While California law mandates that employers with 50 or more employees must provide sexual harassment prevention training, these staggering figures indicate all employers should consider training for supervisors.

    Registration for our September class will be opening soon. Email to reserve your spot.

    Click here for registration details.

    DOL Seeks Input on Federal Minimum Wage and Overtime Pay Exemptionsart4

    Employers Can Submit Comments through September 25, 2017

    The U.S. Department of Labor (DOL) has published a request for information (RFI) seeking input on its 2016 final rule which adjusted the salary thresholds for executive, administrative, and professional employees to be exempt from federal minimum wage and overtime pay requirements.

    What Was in the 2016 Final Rule?
    The 2016 final rule  updated the federal minimum wage and overtime pay exemptions for executive, administrative, and professional employees by:
    • Raising the salary threshold from $455 a week to $913 per week (or $47,476 annually) for a full-year worker;
    • Setting the highly compensated employee total annual compensation level at $134,004 annually;
    • Generally allowing employers to use nondiscretionary bonuses, incentives, and commissions to satisfy up to 10%of the new standard salary level; and
    • Establishing a mechanism for automatically updating the salary and compensation thresholds every 3 years, beginning in 2020.
    Enforcement of the 2016 final rule was halted by a federal judge in December 2016, and remains the subject of litigation.

    On What Issues is the DOL Requesting Input?
    Among other issues, the DOL is requesting input on whether:
    • The $455 per week threshold should be increased based on the rate of inflation.
    • Salary thresholds should be set based on state, metropolitan area, or the size of the employer.
    • Different salary thresholds should be set for the executive, administrative, and professional employee exemptions.
    • Salary thresholds and the highly compensated employee total annual compensation level should be automatically updated on a periodic basis.
    For additional information on the RFI,  click here.

    How Do Employers Submit Comments
    ? Employers have through September 25, 2017 to submit comments to the DOL regarding its RFI at, using the Regulatory Information Number (RIN) 1235-AA20.

    Article reprinted with permission from
    July 2017
    Stay Current Newsletter
     In This Issue:Top
    Mid-year Check Upart1

      Wage Order Updates

    The California Department of Industrial Relations (DIR) has updated most of the Wage Orders. It is important to have the correct Wage Order available and posted for employees.

    Each of the 17 Wage Orders is specific to the industry or occupations
    • Hours and days of work
    • Minimum wages
    • Overtime
    • Alternative workweeks
    • Meal periods and rest breaks
    • Meals and lodging
    • Change rooms and resting facilities
    While each Wage Order contains similar information, pay close attention to some of the hidden provisions of the Wage Order that applies to your industry. Click here to access the Wage Orders.

    Revised Department of Fair Employment and Housing Notices

    The Department of Fair Employment and Housing (DFEH) recently made changes to notices listed below. All California employers must post the updated notices.

    Notices for Victims of Domestic Violence, Sexual Assault and Stalking

    Employers with 25 or more employees must now provide each new employee or other workers who ask for information on their rights as a victim of domestic violence, sexual assault and stalking as of July 1, 2017. Click here for the required notice.

    HR TIP: Remember to check your local municipality for any updates to local ordinances. Especially if you have employees in the Bay Area!

    Lessons Learned from Employers Violating Pregnancy Workplace Laws art2

    Pregnancy discrimination involves treating a woman (either an applicant or employee) unfavorably because of pregnancy, childbirth or a medical condition related to pregnancy or childbirth.

    Two recent cases highlight the consequences for employers who are found in violation of pregnancy workplace laws. 

    Missed our post? Read it here.

    Healthcare Legislation Update from Benefits Done Right art5

    Our affiliated company, Benefits Done Right Insurance Agency actively monitors healthcare reform and the possible impact to employers. While nothing has been passed, bills have been presented by the House and Senate as alternatives to the Affordable Care Act.
    It is expected in the coming days that the Senate will now take up a vote to repeal the ACA. While we do not know what, if anything will ultimately replace the ACA, we get an indication from what has been presented thus far by the House and Senate. Refer to the attached chart for a comparison of the Affordable Care Act, the American Health Care and the Better Care Reconciliation Act.  
    We will continue to monitor events and will keep you informed. If you would like to receive direct updates on this topic, email to be included in our breaking news updates.
    Harassment Prevention Training art3

    Some California employers are required to complete mandatory training under California AB1825. This interactive, in person training session will be facilitated by HR Done Right's certified harassment prevention trainer, Julie Worley. This training meets AB1825 compliance requirements. Whether or not your business must comply with AB1825, this program is beneficial for all business owners, supervisors and HR professionals.

    Wednesday August 16, 2017

    8:15 AM Registration 
    8:30- 10:30 AM Training

    Register today- this popular class will fill up quickly!

    HR Done Right Office Closure art4

    HR Done Right will be closed Friday, August 11, 2017, as we recognize the hard work of our team at our annual Done Right Team Appreciation Day.

    We will process and respond to all email and voicemails promptly when normal business hours resume on Monday, August 14, 2017.

    June 2017
    Stay Current Newsletter
     In This Issue:Top
    Keeping You Informedart1

    Have you read our latest post? We regularly publish articles to keep you informed, and share them via our blog. Click here to be directed to our blog page. If you have an HR question or suggestion, please send them to Your question may be featured in a future post!
    Harassment Prevention Trainingart2

    Some California employers are required to complete mandatory training under California AB1825. This interactive, in person training session will be facilitated by HR Done Right's certified harassment prevention trainer, Julie Worley. This training meets AB1825 compliance requirements. Whether or not your business must comply with AB1825, this program is beneficial for all business owners, supervisors and HR professionals.

    Wednesday August 16, 2017

    8:15 AM Registration 
    8:30- 10:30 AM Training

    Register today- this popular class will fill up quickly!

    Heat Illness Prevention Remindersart3

    With temperatures on the rise, employers have a duty to keep their employees safe when working indoors and outdoors. Heat is the number one weather-related killer in the United States. It is critical that employers identify the hazards of working in hot conditions and take steps to reduce the risk to their employees.

    All employers who have employees working outside in high temperature conditions are advised to:
    • Provide access to plenty of free, cool, fresh drinking water, and remind employees to remain hydrated
    • Provide access to shade and maintain regular communication to ensure their safety
    • Observe employees for signs and symptoms of heat illness (decreased consciousness, staggering, vomiting, irrational behavior or convulsions)
    • If a supervisor observes, or an employee reports, signs or symptoms of heat illness, the supervisor must take immediate and appropriate action
    • Train employees and supervisors on your company's heat illness prevention plan
    There is no limit on how often a preventive cool-down rest period can be taken should an employee begin to experience signs of heat illness. For more information, you can also visit Cal/OSHA's Heat Illness Prevention website.

    New Workplace Regulations in California effective July 1, 2017art4

    The California Fair Employment and Housing Council (FEHC) finalized two new regulations employers should be aware of and understand under the California Fair Employment and Housing Act (FEHA). These new rules impact criminal history and transgender discrimination.

    Use of Criminal History Information

    Effective July 1, employers may not consider any non-felony convictions related to marijuana possession that is more than two years old. Employers are also prohibited from using criminal history information that has an "adverse impact" on employees based on a protected class (e.g. race, national origin) unless the information is job-related and consistent with business necessity. The FEHC developed new standards that employers must meet and a complex procedural process that must be followed when considering criminal convictions in hiring.
    This rule applies to all employment decisions. Employers will want to review their pre-employment practices to ensure they are in compliance with this new regulation.

    Transgender Identity and Expression

    The FEHC expanded the current definitions of the terms "gender expression" and "gender identity" in its final regulations, effective July 1. The expanded protection now includes the "perception" of an individual's gender expression or gender identity. The regulations add a new definition of "transitioning" to mean a process some transgender people go through to begin living as the gender with which they identify, rather than the sex assigned to them at birth. The transition process may include changes in name and pronoun usage, facility usage, participation in employer-sponsored activities, or undergoing hormone therapy, surgeries, or other medical procedures.

    Employers are prohibited from discriminating against employees who are transitioning or have transitioned their birth gender. The new rules specify that employers must respect an employee's request to be identified by a preferred gender, name or pronoun, including gender-neutral pronouns. An employer can be held liable for a FEHA violation if the employer fails to abide by the employee's stated preference.

    Employers must also provide equal access to facilities without regard to the sex of the employee. As of March 1, 2017, California required all employers to use all-gender signage for single-user toilet facilities in any business establishment.

    HR TIP: The regulations are complex. Review your employment practices and internal company policies.

    HR Done Right Office Closureart5

    HR Done Right will be closed Monday, July 3 and Tuesday, July 4 for Independence Day. We will respond to all email and voicemails promptly when normal business hours resume Wednesday, July 5, 2017.

    Human Resources. Made Simple. Done Right.

    Welcome to the inaugural newsletter of HR Done Right! This newsletter will focus on the latest HR news, and common questions that are raised by our clients that may be applicable to other employers. Have a question or topic you would like us to discuss in a future newsletter? Email us at and you just might see your question in our next edition!

    Who is HR Done Right?
    We help employers protect their business while taking care of their greatest assets, their people. Our services include: on-site, outsourced HR, capacity building for existing HR teams, HR assessments, special projects and legal counsel. Whether you want us to be your HR team, or help your existing HR team - we've got you covered.

    Let us take care of you like family. Call 888-805-5421 today!

    Proprietary & Confidential

    You know what they say about people who assume. When it comes to a company's intellectual property, never assume anything. Just because you think something is proprietary and confidential doesn't mean that it is, or that someone else will feel the same way you do. That's why it's a good idea to always err on the side of caution and make sure any documents that are part of a company's intellectual property are labeled as such, password protected if necessary, and mentioned in the employee handbook as such. This may not keep them from getting stolen, but it will help a company should it need to file suit.

    On Society for Human Resource Managment an article titled,
    Identify Your Trade Secrets to Prevail in IP Theft Litigation, lists a case where information was taken and used by a former employee because it wasn't properly labeled as proprietary and confidential. Furthermore, it wasn't identified in the employee handbook as a trade secret, nor was the employee required to sign a noncompete agreement. The issue at hand was a list of people, including their names, addresses, phone numbers, etc., held by the company. An employee took that list and used it for a competing business. The argument was that everyone within the company understood that the list was only for business purposes and was not publicly known, nor available to the public. The court, however, disagreed and ruled that the list was not a trade secret or confidential and proprietary information. The list was available to all staff and to the people on the list, so the company wasn't trying to guard the secrecy of the information. Furthermore, most of the information was available in the public domain.

    So, what is the lesson here for employers? Regardless of what the information may be, what technologies it may contain, or who has access to it, make sure everyone knows that it's part of the company's intellectual property and put in place safeguards that ensure this.

    What kinds of safeguards are necessary? According to the article, as long as a company takes reasonable precautions by taking time to set up a system to protect information believed to be important, confidential, or proprietary, the system doesn't have to be perfect.

    So by limiting access to the information, keeping it secure, informing everyone who has access that the information is confidential, and designating the information as such in the employee handbook. It's also a good idea, according to the article, to remind departing employees during their exit interview about any confidentiality obligations.

    If something is worth protecting, then it's worth the extra time and effort needed to ensure its security. Proprietary and confidential mean just that, and these terms should be taken seriously and not applied haphazardly.

    E-Verify Program Extended to September 30, 2016
    Employers Still Required to Complete Form I-9

    Recent legislation (§ 572) extends the federal E-Verify program to September 30, 2016. The E-Verify program will require further authorization from the federal government in order to continue beyond the date set forth in the law.

    E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, to determine the eligibility of that employee to work in the United States. While participation in E-Verify is voluntary for most businesses, some companies may be required by state law or federal regulation to use E-Verify. The program is mandatory for employers with certain federal contracts or subcontracts that contain the Federal Acquisition Regulation E-Verify clause. There is no charge to employers to use E-Verify.

    Note that E-Verify does not replace the legal requirement to complete and retain Form I-9, Employment Eligibility Verification. Federal law requires all employers to verify the identity and employment authorization of each person they hire by completing and retaining Form I-9. E-Verify verifies the employment authorization of new hires based on the information provided on Form I-9. Form I-9 must still be retained and stored in either paper, electronic, or microfilm/microfiche format.

    © HR360, January 8, 2016 

    IRS Provides Major Delay in 6055 and 6056 Reporting
    A Relief for Small Business

    In late December 2015, the IRS issued Notice 2016-4 delaying the reporting deadlines for Sections 6055 and 6056 of the Affordable Care Act. The 1094-C, 1095-C, 1094-B, and 1095-B were originally due to the IRS by the end of February if filling by paper and the end of March if filing electronically. The 1095-C and 1095-B forms were due to employees by the end of January, but business now have until late May if filing by paper, and the end of June if filling electronically.

    Read our blog post about the delay and what it means to you.  

    Join us as we celebrate the launch of HR Done Right!
    February 17, 2016
    4:30pm at Piatti on Fair Oaks Blvd.

    You are invited to HR Done Right's educational event, Three Things Employers and HR Leaders Need to Know in the New Year followed by our company launch party. Employment attorney Eli Makus will discuss social media privacy, the Equal Pay Act and new considerations for working with contractors. Refreshments and networking to follow. Please RSVP to 888-805-5421 or

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