Avoiding Pitfalls From The Work Process8480098

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"Many employers have an especially challenging time with pregnancyrelated leaves," said Cox. Considering that being pregnant is really a disability, it is shielded below both federal and condition guidelines. For instance, a disabled pregnant staff is straight away covered under CA's Pregnancy Disability Leave (PDL), which entitles her to an unpaid, work shielded go away of around four months. If she has long been using the corporation for more than the usual 12 months, she may also be entitled to some 12week go away underneath the Federal Spouse and children & Medical Depart Act (FMLA). Although this is not an additional depart (it runs concurrent with PDL), there are additional benefits beneath FMLA. In CA, qualified new parents could take up to 12 weeks of "bonding time" depart below CA Household Rights Act (CFRA) to care for their newborn. (FMLA and CFRA applies only to companies with in excess of 50 employees in a 75mile radius.)

Garnishments, Deduction, Levies & Subpoenas All businesses are subject to meeting the requirements imposed by the Department of Labor in terms of satisfying garnishments and other wagerelated orders. Earnings of an individual are required by court order to be withheld by an employer for the payment of a debt. Companies are prohibited from discharging an personnel whose earnings have been subject to garnishment for any one debt. "If an employer fails to respond appropriately, they can be subject to several types of potential liability, including reinstatement of discharged employees, back pay and restoration of improperly garnished amounts, criminal prosecution, fines, and liens against the corporation for willful failure to withhold," noted Cox.

Unemployment Insurance Reserves Because California statutory law establishes Unemployment Insurance as a 'no fault' plan, companies are required to manage, administer and pay all unemployment claims when an personnel is unemployed through no fault of his/her own. "Obviously, for businesses who have seasonal work, this can have a devastating effect on their UI reserve account," noted Cox. "When our clients use temporary employees for this type of work, however, Select assumes full responsibility for all unemployment costs. Fortunately, we generally have several other positions available for displaced workers, so we can keep them working during our client's down periods." Anytime unemployment costs can be offset to the primary employer, the secondary employer enjoys the benefits of lower reserves, potentially saving them thousands of dollars on future payroll costs.

Counseling & Disciplinary Actions "As employers, we are constantly striving to have a great workforce that will help us meet our goals," said Cox. "Unfortunately, we don't always get what we want, so there must be a mechanism for companies to either counsel employees, resulting in a higher level of performance, or terminate people who do not perform around expectations."

The loss of state and local government workers is the main reason for New Jersey jobs declining over the past 12 months, the policy groups report claimed. From June 2010 to June 2011, 41 states had position growth, while work in New Jersey continued to decline, it explained.

Recruiting, Screening & Hiring During the recruiting and screening process, businesses have an obligation to comply with federal and point out equal opportunity rules. "This would include everything from writing recruitment ads to going through the entire interview and hiring procedure," claimed Cox. Under the EEOC provisions, companies may not discriminate in work, make work related decisions, or ask preemployment questions based on sex, race, color, religion, or national origin. In California, these guarded categories also include sex, gender, race, age, color, religion, ancestry, national origin, pregnancy, childbirth, incapacity, marital status, sexual orientation, medical condition, veteran status, registered domestic partner status, or genetic characteristics. Cox added, "obviously, failure to comply could lead to your variety of discrimination suits." As a result, companies must have a written EEO policy and a published procedure by which employees can complain, or be exposed to legal remedies set forth

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