OHIO MINIMUM WAGE SET TO INCREASE ON JANUARY 1, 2009

Ohio’s minimum wage will increase on January 1, 2009 to $7.30 per hour for non-tipped employees and to $3.65 per hour for tipped employees, plus tips.

On January 1, 2009, the increased minimum wage will apply to employers who gross more than $267,000 per year. Currently, Ohio’s minimum wage applies to employers who gross over $255,000 per year.

The constitutional amendment passed by voters in November 2006 states that Ohio’s minimum wage shall increase on January 1 of each year by the rate of inflation.

The increase is tied to the Consumer Price Index (CPI) for urban wage earners and clerical workers for the 12-month period prior to September.

The CPI rose 4.6 percent from September 1, 2007 to August 31, 2008.

The amendment also states that the wage rate shall be rounded to the nearest 5 cents.

For employees at smaller companies (grossing $255,000 or less per year or $267,000 or less after January 1, 2009) and for 14- and 15-year-olds, the state minimum wage is currently $6.55 per hour and will increase to $7.25 per hour on July 24, 2009.

IRS ANNOUNCES 2009 STANDARD MILEAGE RATES

IR-2008-131, Nov. 24, 2008

WASHINGTON — The Internal Revenue Service today issued the 2009 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.

Beginning on Jan. 1, 2009, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:
     55 cents per mile for business miles driven
     24 cents per mile driven for medical or moving purposes
     14 cents per mile driven in service of charitable organizations

The new rates for business, medical and moving purposes are slightly lower than rates for the second half of 2008 that were raised by a special adjustment mid-year in response to a spike in gasoline prices. The rate for charitable purposes is set by law and is unchanged from 2008.

The business mileage rate was 50.5 cents in the first half of 2008 and 58.5 cents in the second half. The medical and moving rate was 19 cents in the first half and 27 cents in the second half.

The mileage rates for 2009 reflect generally higher transportation costs compared to a year ago, but the rates also factor in the recent reversal of rising gasoline prices. While gasoline is a significant factor in the mileage rate, other fixed and variable costs, such as depreciation, enter the calculation.

The standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile. The rate for medical and moving purposes is based on the variable costs as determined by the same study. Independent contractor Runzheimer International conducted the study.

THINKING OF A CAMERA PHONE POLICY?

Camera phones have become an increasing reality in our society and in our workplaces. They offer potential advantages, but not without concomitant risks. So, both employers and employees should adapt to this trend in ways that protect employers’ proprietary information and preserve employees’ privacy and confidentiality.

Legal Points
     Harassment. Camera phones or camera PDAs can be used to capture and send sexually suggestive images. They can be      used to harass members of protected groups.
     Privacy. “Candid” pictures can be the basis for an invasion of privacy claim.
     Trade secrets. If trade secrets can be easily photographed, then the company may not be able to assert that it maintained      the information in confidentiality and may not be able to claim that the information is a trade secret.

Things to Consider
     1. Purpose. Does your business have particular proprietary concerns? Are you concerned about privacy? Harassment?
     2. Publication. How will you publicize the policy? Signs at entrances? Signs at areas where cameras are forbidden?      Employee bulletin boards? Employee handbooks?
     3. Problems. By having a policy, will you create a problem where none existed?

WHAT IS NEGLIGENT HIRING?

The legal theory of negligent hiring is based on the premise that an employer can be liable for the violent acts or wrongdoing of its employees if it does not properly investigate their backgrounds or qualifications.

Negligent hiring claims often involve employees who are in a position to pose a threat of injury to the public (such as a driver or deliveryperson) or who attack another employee or an outside third party (such as a client or customer).

The claims also can result from employees’ criminal use of financial or confidential information, such as when an employee embezzles money or engages in identity theft.

To establish negligent hiring, the harmed person generally must show:
     1. That the employer did not exercise reasonable care in hiring;
     2. That the employee had dangerous tendencies which should have been apparent if the employer had exercised      reasonable care; and
     3. That the employer placed the employee in a position where others could be injured.

Eight Simple Steps to Prevent Claims
Clearly, the best way to limit negligent hiring claims is to follow commonsense procedures to get as much information from the candidate as you can and then to verify the information before offering a position.

To accomplish these goals, consider taking the following eight steps:
     1. Train your interviewers.
     2. Have each applicant fill out an application form that is then reviewed carefully.
     3. Question the candidate about any gaps in work history.
     4. Check references.
     5. Ask about criminal convictions.
     6. Conduct criminal conviction checks on candidates who will be in “positions of confidence.”
     7. Perform additional background checks relevant to the position being sought.
     8. Document, document, document.

THE FLAVOR OF THE EMPLOYEE HANDBOOK, PART 1

The Employee Handbook is a venture. It is not a program or a process. The Employee Handbook is a practice.

It is the PHILOSOPHY, the aims, conduct, values, traditions, and vision for guiding the organization.
It is the CULTURE, the character of the organization; its qualities, integrity and reputation.
It is the STRUCTURE that gives life, direction, and flexibility to the organization.

"We are proud of our reputation in the marketplace and, therefore, were selective in hiring you who will be contributing to our growth. We expect this same pride and selectivity from you. This is the beginning of a mutual commitment. You are offering us your skills and personal motivation; we are offering you a share in our future."

"Each of us, in respecting our own dignity, must respect the rights and privileges of the organization and our fellow employees and the necessity of the entire business operation to achieve its fair and responsible objectives."

Is this the flavor of your handbook?

We'll help you with the recipe. Just click CWE.

THE FLAVOR OF THE EMPLOYEE HANDBOOK, PART 2

WORKPLACE HARASSMENT POLICY
"Management has the continuing role of monitoring the practice of non-harassment in all phases of employment, promoting sensitivity for all employees, and guaranteeing victims of harassment immediate protection and relief."

ATTENDANCE
"Mature, responsible adults report for work at the appropriate time and will make responsible decisions regarding time away."

Is this the flavor of your handbook?

We'll help you with the recipe. Just click CWE.

WHICH HR LAWS APPLY TO YOU?

     Many federal employment laws address a specific issue or problem and apply regardless of the number of employees you have. However, a number of them specify a size threshold and/or have limitations on coverage. Below is a list summarizing the most common of these laws along with the employee size designation.
     A quick review of these laws and their coverage can help you understand your obligations.
     No Employee Size Specified
           Employee Polygraph Protection Act (EPPA)
           Employee Retirement Income Security Act (ERISA)
           Fair Credit Reporting Act (FCRA)
           Fair Labor Standards Act (FLSA)
           Equal Pay Act (EPA)
           Health Insurance Portability and Accountability Act (HIPAA)
           Immigration Reform and Control Act (IRCA)
           National Labor Relations Act (NLRA)
           Occupational Safety and Health Act (OSH Act)
           Uniformed Services Employment and Reemployment Rights Act (USERRA)
           Executive Order 11246
           Rehabilitation Act
           Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
     Employers with 15 or More Employees
           Americans with Disabilities Act (ADA)
           Title VII of the Civil Rights Act of 1964 (Title VII)
     Employers with 20 or More Employees
           Age Discrimination in Employment Act (ADEA)
           Consolidated Omnibus Budget Reconciliation Act (COBRA)
     Employers with 50 or More Employees
           Family and Medical Leave Act (FMLA)
     Employers with 100 or More Employees
           Worker Adjustment and Retraining Notification Act (WARN Act)

"KNOWINGLY EMPLOYING ILLEGAL IMMIGRANTS MAY BE A FELONY"

     Employing individuals known to be illegal immigrants may expose a business owner or a manager to criminal conviction on the basis that he or she encouraged or induced the illegal immigrants to reside in the United States or concealed or harbored them; felonies that attract significant terms of imprisonment, an 11th U.S. Circuit Court of Appeals decision shows.
     Knowlingly employing Illegal Immigrants way lead to conviction on charges of:
           Knowingly encouraging and inducing illegal immigrants to reside in the United States.
           Participating in a conspiracy to conceal, harbor and shield these workers from detection.
           Filing fraudulent state and federal tax forms.
           Evading federal employment and income taxes.
     It happened in Florida.
     This case is a reminder that an employer, whether for compassionate reasons or for the purpose of giving its business a competitive edge, that knowingly employs an undocumented worker does so at the risk of serious personal liability and penal consequences.
     The fact that an employer suspected, but did not know with certainty, that an employee or job candidate lacked authorization to live and work in the United States is no defense.
     In such a case, an employer may be found to have been willfully blind or reckless as to the status of the employee or job candidate.
     Furthermore, an individual who is privy to relevant information and participates in a scheme to employ an undocumented worker and/or cover up his or her employment is not immune from criminal liability, even if the individual is a mere employee.

DICTIONARY OF CUSTOMER SATISFACTION

Customer: Person who buys goods or services, especially on a regular basis
Satisfy: Fulfilling a need
Contract: Agreement between two parties enforceable by law
Quality: Customer satisfaction; degree of excellence expected by the Customer
Standard: What can be accomplished by honest effort; degree of excellence established by contract
Inspection: Degree of excellence monitored as promised

HOW MANY TIMES A DAY
DO WE SPEAK THE LANGUAGE OF CUSTOMER SATISFACTION ?

OSHA MAKES FIRST AID KIT SUPPLY RECOMMENDATIONS

     OSHA requires employers to make first-aid supplies readily available to employees.
     The Medical Services and First-Aid standards (general industry and construction), however, do not dictate what should be included in a first-aid kit.
     OSHA recommends that employers follow American National Standard Institute Z308.1-1998, Minimum Requirements for Workplace First-Aid Kits, which, just to name a few, include these basic products: Absorbent compress, adhesive bandages, antiseptic and two pairs of medical exam gloves.
     OSHA advises employers to routinely survey the needs of their workplace and supplement first-aid kits accordingly.

Center for Workplace Excellence Legal Disclaimer

This information is provided with the understanding that the Center for Workplace Excellence is not engaged in rendering legal services. CWE (and all its employees) disclaim any liability loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information. This information is not a substitute for the advice of a competent legal professional. If legally binding advice is being sought please contact a legal official.