May 24th, 2010
After a long and frustrating search, my oldest son got his first job last week. He was so excited. He would be selling souvenir t-shirts at local tourist attractions around San Diego. This is something he is definitely qualified to do! The company told my son they would pay 20% commission on all sales, and guaranteed a minimum hourly wage if he didn’t sell enough. Sounded good to me. Sign him up!
On his first day of work, I was surprised the company hadn’t asked my son to bring in ID for his I-9 paperwork. I was even more surprised when my son came home after 4 hours and stated that he wouldn’t be paid for that day because he was “in training.” I think I briefly mentioned the illegality of it to my son, but I was determined to let him make his own way in his new job without being one of those annoying moms who butts in without being asked.
Last Saturday was my son’s first official “work” day! He started at 8:00 am and finished at 7:00 pm. 11 solid hours without breaks, lunch, or overtime pay. My son informed me that he’d sold $200 worth of T-shirts, so he would be bringing home $40 pay for that day (around $3.65 an hour). I asked my son about the company’s “minimum wage guarantee” and he stated, “Oh, they guarantee at least $3.00 an hour and I earned more than that in sales, so I just get the commission.” I reminded my son that he should be paid $8.00 an hour minimum in CA, plus overtime and training pay. The company appeared to have “shorted” him about $92, not including the breaks. The “HR Mommy” in me wanted to track down this company and share a little CA Wage and Hour insight with them (and a few other things). But the more rational side of me saw a mortified teenager planning a new place to call home. So I let him decide what to do.
The next day my son called the company and resigned (his choice, my relief). He didn’t want to file a complaint against them, so I grudgingly let it go. But on another level I was so proud! My son was learning, first hand, the realities of business and fair play and the importance of running an ethical company. He was truly on the road to adulthood. Misty-eyed, I asked my son, “Aren’t you glad there are laws to protect people against employers like that?” My son looked at me quizzically, and said, “I guess so, Mom. What’s for lunch?” Sigh. My baby’s growing up!
Tags: first job, illegal employer, minimum wage, teenagers, training pay, under the table, Wage and Hour
Posted in Humanity | No Comments »
May 18th, 2010
Q: My CA employee resigned from his job with 2 weeks’ notice. On his final day, the employee had a cell phone that he failed to return to the company, so we deducted the cost of the cell phone ($500) from his final paycheck. We told him he would receive the remaining balance of his check once he returned the cell phone. 21 days later, the employee returned the phone to the company and we gave him a check for $500. The employee claims we unlawfully withheld wages from him. Is he right?
A: In a nutshell, yes. According to California Labor Code Section 202, an employee must be paid all wages due on the final day of work if the employee has been terminated or has given at least 72 hours notice. If the employee gives less than 72 hours notice, the employer has 72 hours from the notice to provide final wages. This includes all wages through the day of termination, plus any accrued and unused vacation or PTO.
An employer cannot deduct the cost of any unreturned property from the final check. The employer would have to pay final wages and then try to recoup the costs of the items in small claims court or through further discussion with the former employee.
The REAL BAD news for this employer is the penalty wages that must now be paid to the former employee. The employee is entitled to one day’s wages for each day any part of the final payment of wages is delayed up to 30 days. In this case, the employer would owe the employee 21 days wages. If this employee made $60,000 annually, that would be a little over $4,800.00 in penalties! Definitely NOT worth the cost of a cell phone.
Tags: Final Wages, Labor Code Secton 202, penalties, Termination, Wage and Hour
Posted in Wage and Hour | No Comments »
May 14th, 2010
The recession and large scale downsizing have left companies with an unprecedented lack of employee engagement. Companies are looking for ways to get employees re-energized and involved. How can you motivate your team? It may seem paradoxical, but the best way to increase engagement is to increase your expectations about their performance.
Here are 5 ways to Rachet up Your Team’s Performance.
1) Build the Right Team
Ensure you have the right people on your team and that they’re in the right positions. Nothing leads to decreased morale like a weak team member who brings down the whole group.
2) Create A Clear Vision
Determine what you want the end result to be and describe it to your team in a way that’s clear and relevant. Give them a compelling reason to want to follow your lead.
3) Set Performance Standards and Keep People Accountable
People like a challenge. Especially when it allows them to use their strengths and passion. When employees are in the right roles and are given a clear vision with accountability, employee engagement goes way up.
4) Know What to STOP Doing
For every new thing that people have to do, determine something that no longer must be done. You can’t continually add tasks to a person’s job without also removing some. Decide what is no longer important and let it go.
5) Stay Focused
Stick to your vision and communicate about it daily. Let your people know what’s important. When they begin to see results, they’ll be proud to be a part of a winning team.
Tags: commitment, engagement, expectations, leadership, performance, results, standards, turnover
Posted in Employee Engagement | No Comments »
May 12th, 2010
Q: My CA Administrative Assistant wants to work through lunch so she can leave an hour earlier at the end of the day. She’s a mom and her schedule works better if she leaves earlier. She’s a top employee, so I’m fine with it. Can she skip lunch if she requests it?
A: It’s great to have dedicated employees who are looking for creative ways to balance work and home. Unfortunately, in this situation, you don’t have the option to allow her to skip her lunch break. California law requires that non-exempt employees take an unpaid 30-minute break during their 8-hour shift. And an Admin. Assistant should be classified as non-exempt.
In CA, the penalty to an employer who fails to ensure employees take their unpaid lunch break is 1 hour pay for every shift the employee fails to take a lunch break, plus any additional wages, overtime, and interest. This can go back 4 years. Not a risk worth taking for an employer – even if the employee says it’s okay.
Here’s what your Admin. Assistant CAN do if you agree:
1) Come into work ½ hour earlier and only take a 30 minute break instead of an hour.
2) Come in an hour earlier and take a one hour lunch break.
3) Work a 7 ½ hour shift and take a 30 minute break instead of an hour.
Got an HR-related question? Ask HR and I may post an (anonymous) answer on my blog. I’ll get back to you either way with an answer.
Tags: administrative assistant, CA law, human resources, meal break, non-exempt, penalties, Wage and Hour
Posted in Wage and Hour | No Comments »
May 10th, 2010
Companies have experienced reduced turnover the last few years because employees have lacked job opportunities. But now, with the easing of the economy, many employees are looking toward new jobs. The first people who are likely to make the leap from your organization will be the most talented and critical to your success. Our goal is to ensure that we actively retain employees before they consider leaving. Is your company doing that? If not, without realizing it, you may actually be driving them away.
Here’s the top 5 ways to Drive out Talent:
1) Be Arrogant
I’ve heard employers say, “We’re the best, everyone loves to work here.” That may have been true in the past. But don’t arrogantly assume that employees want to be a part of your company today. Ask questions and really listen. Employees stay for their reasons, not yours.
2) Continually ask employees to do more, work harder, or “take one for the team”
We all know the importance of being a good team player during tough times. But if your employees feel like they always get the short end of the stick, they won’t stay when they find a new opportunity.
3) Stay “In the Box”
Talented employees like to show you their stuff. They like surprising others with how well they solve problems and come up with new ideas. But stifle their creativity and you eliminate the most rewarding aspect of their job.
4) Ignore Your Talent
Managers have a tendency to focus on their challenging employees and spend less time with the ones who are “easy“. Everyone needs feedback and encouragement. Regularly tell your top employees what they mean to you. And reward them the best you can – before they ask.
5) Stop Leading
Good managers need to set the example for their teams. Don’t assume you’ll get the same results from others when you slack off. You need to stay on the top of your game to keep others on the top of theirs.
Tags: human resources, leadership, managers, recognition, Retention, rewards, turnover
Posted in Retention | No Comments »
May 8th, 2010
We all have them. When the pressures of work, home, finances, family, and commitments make us overwhelmed and unable to cope with one more issue. I had a day like that this week. It was a Monster. I couldn’t wait for the day to end. On a “Bad Day” scale of 1 to 10, it was an 11. But now, looking back, I’m glad. Not because I have some sick, self-destructive streak. But because my bad day forced me to step back and remember that WE ALL have difficult days – our employees, our boss, our spouse, our kids, the telemarketer on the phone, the homeless man on the street.
If we honestly want to lead others and be a positive influence on our businesses, our relationships and our communities, it’s important to give others some slack when you know they’re having a rough time. A little grace in the midst of their day, can give you a lot of leverage when you really need their help. Like, when YOU have a bad day….
Tags: business, difficult employees, grace, human resources, leaders, managers
Posted in Humanity | 3 Comments »
After a long and frustrating search, my oldest son got his first job last week. He was so excited. He would be selling souvenir t-shirts at local tourist attractions around San Diego. This is something he is definitely qualified to do! The company told my son they would pay 20% commission on all sales, and guaranteed a minimum hourly wage if he didn’t sell enough. Sounded good to me. Sign him up! 
