Issue #10 - June 25 2013

Hi!

Welcome to the tenth issue of the InformedContractors.com newsletter!

In today's main essay my new expert panelist Jackie Wells Smith, consultant with a variety of businesses on employee handbooks and recruiting for more than 20 years, tells us about how recent changes to laws could put you in violation with your employee break policies.

Also in today's issue...

The Check it Out! section gives information on employee handbooks and a special free evaluation copy.

My Quick Tip for today is a quick little idea for keeping your company name fresh on your customers' minds.

I hope you enjoy this issue of InformedContractors.com.

Cheers,
Di-

Even With A Written Policy You May Be In Violation Of Employee Break Laws In Your State!

By Jackie Wells Smith

Has Your State Made Changes That You Aren't Aware Of?

A court in least one state recently "clarified" their regulations on rest periods in such a way that a properly written policy that follows the law is invalid, exposing even companies in compliance with state law to legal action - over a ten-minute break!

Many states have no specific requirements that rest periods be given at all; others are quite specific in the number and length of the rest period.

For example, Georgia and Indiana are states that require no specific rest period.

Some states, such as Colorado, require that employees taking rest periods be paid for all or a portion thereof.

Others have specific guidance on how to handle classes of employees, or age restrictions, and even job duties.

A Case in Point for California Employers

California, on the other hand, has established quite stringent standards. A California Court of Appeal ruled that an employer’s rest period policy must follow the language of the applicable Wage Orders.

Even if employees receive their rest periods in accordance with the law a misworded policy, or having no written policy, may provide a basis for a class action lawsuit. The decision is now being used to exploit nuances between written policy language and the explicit Wage Order language.

California companies must provide an employee with:

• a 10-minute rest period for shifts from three and one-half to six hours in length

• a 20-minute rest period for shifts of more than six hours up to 10 hours

• a 30-minute rest period for shifts of more than 10 hours up to 14 hours

The previous standard under which employees were provided only one 10-minute rest period for every four hours worked was held invalid because it should have provided for a second rest period after six hours.

Employment Laws Can Change without Notice

State wage and hour laws relating to rest breaks don’t change often, if they exist at all.

But more and more states are enacting these types of requirements for the first time and courts make rulings that invalidate policies that were once within the law.

Penalties

Penalties for violations of rest period regulations can rise quite high, as they are typically levied for each incident per employee.

In California, a case can be certified as a class action, meaning large legal fees for defense as well as penalties and back payment of wages should the employer lose the case.

It’s relatively easy to stay in compliance

• Make certain you are using an employee handbook from a reliable source

• Check the handbook you are using to make certain policies, such as the rest period, are up-to-date and that they protect your company

• Stay aware of employment news affecting your class(es) of employees and update your handbook - or purchase a system that comes with regular updates

Many companies regard an employee handbook as a low-priority item. Don’t make that costly mistake.
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Jackie Wells Smith is the editor and co-publisher of Your Employee Handbook and is frequently cited in articles and interviews. She has been a human resources director for a large retail chain and various manufacturing and construction companies, and has consulted with a variety of businesses on employee handbooks and recruiting for more than 20 years. She can be reached through YourEmployeeHandbook.com.

Check It Out!

Note from Diane: Although the article above cites several California examples you've got to make certain that you are compliant to your state's laws so please do check this out.

Protect Your Company!

Although you can use an attorney to write your handbooks from scratch, YourEmployeeHandbook offers a pre-written, attorney-reviewed employee handbook that is written especially for contractors, builders, plumbers, electricians, and other skilled trades and has been tested in the field for more than ten years.

The system includes dozens of ready-to-use policies written and edited for clarity and with the understanding that quality, skilled craftsmen are valuable assets to any company.

Many companies have found that the most economical way to handle their employee handbooks is to purchase YourEmployeeHandbook and have their attorney perform a review to add purely local regulations.

That's a lot less expensive than having him/her write it from scratch!

The policies in YourEmployee Handbook for Contractors are written to provide "best practices" in human resources management for every state - and will meet or exceed requirements for all states, including rest period policies.

Right now you can view and download a free evaluation copy of Your Employee Handbook for Contractors.

From management to hourly workers, the employees in this industry are self-directed and are required to make more decisions than employees in other industries.

The Contractor version was written to give guidelines that emphasize safety and adherance to standards for productivity on the jobsite.

The policies include the usual hiring, termination, performance evaluations and payroll, disciplinary procedures and general company standards, as well as contractor-specific policies, such as licenses and certifications, welding, field assignment pay, jobsite safety and behavior, fall protection, and safety and protective equipment policies.

Immediately upon completion of your purchase of YourEmployeeHandbook, you can download it instantly, edit the Microsoft Word file to fit your company using the instructions provided, and then print and distribute it to your employees.

Jump on it now while it's fresh in your mind. Once you have the handbook on your computer then you can modify at your leisure. Maybe work on it over a few days to see what comes up in the course of business that needs to be included.

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Disclaimer: InformedContractors.com only recommends products that we've either personally checked out ourselves, or that come from people we know and trust. For doing so, we may receive a commission.

Nothing in this e-mail should be considered personalized advice, legal or otherwise. Although our employees may answer your general customer service questions, they are not licensed under laws to address your particular legal situation. No communication by our employees to you should be deemed as personalized advice.

Monk and DBug, LLC
Diane Dennis
555 NW Fairhaven Drive
Oak Harbor, WA 98277

For specific legal advice please visit: https://www.informedcontractors.com/ja