Blog | Connect to HR | Strategic HR Advisors & Executive Coaching

Answers to Your HR Questions – Just in Time

Managing the many aspects of the HR function can be challenging, especially if you are also trying to run the business or are new to HR operations. In small and medium sized companies, the “HR person,” whether it’s the business owner or someone dedicated to that role, is often flying solo with no one to consult about an HR issue or the details of a new compliance requirement. Trying to find answers via an online HR database can be frustrating and time consuming.

Now, as we look at returning to work following the COVID-19 shelter-in-place mandate, business owners are faced with a new set of challenges:

How do we safely reopen?
What if someone does not want to come back to work?
What protective equipment do we need?
What are the new working guidelines?
How do I even get started?

Connect to HR’s new 3-hour advisory service: Just in Time: Your Guide to HR has the answers. With this service you can access up to 3 hours of “live” HR consulting support from a trusted, senior-level HR consultant by phone, email or in person. Our service is specifically designed for small to medium sized companies:

Owners/CEOs/Nonprofit Leaders
Those running the HR function
People new to HR operations

Whether you need a sounding board to discuss approaches to an employee relations issue, want tips on how to create a workforce plan, or have questions about implementing a social distancing protocol in the office, Connect to HR’s Just in Time Guide is here to help.

You do not have to do it alone!

https://calendly.com/michellemendoza-connecttohr/30-minute-consultation

You can reach me directly at michelle@connecttohr.com, and find out more about our services at www.connecttohr.com. Click here to learn more about Just in Time: Your Guide to HR.

New Connect to HR Resource for Employers

In any given week, business owners carry out multiple employment related activities that they must be sure are compliant with current federal and state law, and relevant local ordinances. Hiring and firing. Approving leaves of absence. Displaying the most recent employment posters.

Keeping up with evolving rules and regulations is challenging in normal times, and even more so during our current health crisis. So where can employers go to quickly find the information they need?

Connect to HR is happy to announce a new resource for employers on our website. Our Employer Resource Page provides links to credible sources for information about federal and state laws relating to employment compliance, wage and hour requirements, family medical leave, workplace safety and much more.

Feeling overwhelmed or confused trying to navigate the flood of information about benefit changes related to COVID-19? We also have a section with links to sources for the latest information about the crisis and related requirements for employers. We’ve also included links to sources for financial relief for small businesses.

Additional resources include links to local law firms and the Society of Human Resources Management (SHRM) who also provide COVID-19 related information.

This page is meant to be a “living” resource so we will be updating it with additional topics and information. Please feel free to contact me at michelle@connecttohr if there’s a particular topic or resource you’d like to see included.

And check back often. We’ll soon be including a section with links to articles, podcasts and other resources related to growing as a leader.

“Leadership and learning are indispensable to each other.” – John F Kennedy

Access our Employer Resources page at: https://connecttohr.com/employer-resources/

Podcast: Best Practices for Keeping Employees Safe and Healthy

Protecting the health and safety of employees, not just during a crisis but at all times, is a key responsibility of business leaders in both for-profit and nonprofit environments. This means putting practices in place to protect both the physical health and safety of employees, as well as their emotional and mental health.

Tune in to my recent “Inspired Nonprofit Leadership” podcast with Mary Hiland, PhD, president of Hiland Consulting, to learn some tips and best practices for keeping your employees safe and healthy.

Mary Hiland created Inspired Nonprofit Leadership to provide nonprofit leaders with information, inspiration, and encouragement so they can be even more effective. Throughout the series, guest experts and nonprofit leaders share insights, useful strategies and lessons learned.

I was thrilled to have the opportunity to share my experience as an HR leader and consultant with her listeners.

I hope you’ll tune in.

Emergency Paid Sick Leave and Emergency FMLA – What You Need to Know

The Families First Coronavirus Response Act (FFCRA), effective as of April 1, 2020, sets forth new requirements for employers regarding sick leave and family medical leave related to coronavirus (COVID-19). Here are the highlights of what you need to know and need to do as well as some links to more information.

Who is affected by the FFCRA?

All employers with 500 or fewer employees, both for-profit and nonprofit businesses.

What does it require?

FFCRA requires that covered employers provide to employees the following.

Emergency paid sick leave:

Two weeks (up to 80 hours) paid sick leave at the employee’s regular rate of pay when the employee is unable to work due to COVID -19 because the employee is
- Subject to Federal, State, or local quarantined or isolation order;
- Advised by a health care provider to self-quarantine, and/or
- Experiencing COVID-19 symptoms and seeking medical diagnosis.

Note: The regulations interpret “quarantine or isolation orders” to include “a broad range of governmental orders, including orders that advise some or all citizens to shelter in place, stay at home, quarantine, or otherwise restrict their own mobility.” That being said, if a business closes because of a shelter in place order, either because its customers are required to stay at home or because the order forced the business to close, and the employee cannot telework, the employee is not eligible for paid sick leave under the Act (because the reason the employee cannot work is because the business was subject to the order, not because the employee was subject to the order).

Two weeks (up to 80 hours) paid sick leave at two-thirds the employee’s regular rate of pay when an individual has been employed at least 30 days and is unable to work because of a
- Bona fide need to care for a quarantined individual, or
- Care for a child (under 18) whose school is closed, or childcare provider is closed/unavailable due to COVID-19, or
- Is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services.

Note: Part-time employees are eligible for the number of hours of leave that the employee works on average over a two-week period.

Expanded family and medical leave:

Up to an additional 10 weeks of paid expanded family and medical leave at two-thirds the employee’s regular rate of pay when an employee is unable to work because of a
- Bona fide need for leave to care for a child whose school or childcare provider is closed or unavailable because of COVID-19.

Note: The expanded family and medical leave can be used intermittently between April 1, and December 31, 2020. For example, if employee does not have childcare for two of the five days of work, they can use the leave for those two days until the 10 weeks is used up or December 31, whichever comes first.

New posting required

All covered employers must post/provide to employees a Notice of FFCRA Requirements as follows:

Employers who are still open should print out the notice and post with other required notices. Another option is to provide individual copies to employees.
Employers with staff working remotely may email the notice to all employees to meet the requirement.

Employee documentation required

FFCRA stipulates that employers must require that employees provide documentation in support of emergency paid sick leave, including:

Employee name
Qualifying reason for leave
Statement that the employee is unable to work, including remotely, for that reason
Dates of requested leave
Documentation of reason for leave, such as
- Quarantine or isolation order
- Name of health care provider advising employee to self-quarantine
- Website post/email notice of school or childcare provider closure

For more information be sure to visit the following websites:

Employer Paid Leave Requirements (Department of Labor): https://www.dol.gov/agencies/whd/pandemic/ffcra-employer-paid-leave#_ftn7

FFCRA Q & A (Department of Labor):
https://www.dol.gov/agencies/whd/pandemic/ffcra-questions

Federal laws may run concurrent with CA laws

California employers should keep in mind that state and local laws (city or county) related to sick leave and family leave may differ from federal law. Be sure you are complying with laws pertinent to your location and/or where you have employees as some of these laws run concurrently in certain circumstances.

Tax credits

Covered employers qualify for dollar-for-dollar reimbursement through tax credits for all qualifying wages paid under the FFCRA. Qualifying wages are those paid to an employee who takes leave under the Act for a qualifying reason, up to the appropriate per diem and aggregate payment caps. Applicable tax credits also extend to amounts paid or incurred to maintain health insurance coverage. Find out more information here. For the most current information about the loan programs, visit the SBA coronavirus webpage, or go directly to the SBA loan application page. The Paycheck Protection Program (PPP) loans will also be available through most major banks in the coming weeks.

I am in the process of putting together additional resources to help you during this crisis. Stay tuned, and please feel free to reach out if you have questions.

Protecting Your Employees and Your Business During COVID-19

As the coronavirus pandemic (as officially declared by the World Health Organization) occupies our daily news feed, many business owners, non-profits and corporations are scrambling to figure out exactly what to do. In the case of small businesses or non-profits they may not have the luxury of telling their employees to work remotely for the next three weeks. On the other hand, they know that the health and safety of their employees is a top priority.

This blog is a summary of steps you may need to take to stay in compliance with employment law, protect your employees, and protect your business. This is an evolving situation, so we suggest checking the official websites we list below to stay informed of any recent updates.

Stay informed and educate employees

Refer to the CDC (Center for Disease Control and Prevention), World Health Organization and OSHA for the latest information and guidance about the Coronavirus (COVID-19). Certain county and states have taken additional steps to secure public safety. Please check your local health department websites for specific regional information.
Educate employees on what is known about the virus and how to prevent the spread of illness.
Implement a communicable illness policy and response plan that may allow for flexible work and telecommuting, minimizing exposure between employees and with the public, and postponing or canceling large meetings or events.
Follow the CDC guidance on dealing with COVID-19 by actively encouraging sick employees to stay home. If an employee has acute respiratory illness symptoms, send them home immediately. It’s also important to provide information and training to employees on: cough and sneeze etiquette; proper hand hygiene (wash for at least 20 seconds); avoiding close contact with sick people; keeping hands away from their face; not sharing personal items with coworkers; using a tissue to open doors; and sanitizing workspaces. Also, provide hand sanitizer.

Review your sick leave policy especially if your business is either located in California or has employees working remotely in California

Allow employees to use paid sick leave for COVID-19 related illnesses. However, under California law and in other jurisdictions, you cannot require quarantined workers to exhaust their paid sick leave.
Do not punish employees for using paid sick leave or for taking time off to care for a sick family member.
Make other paid leave available if sick leave is exhausted.
Consult local paid-sick-leave laws that may be more generous than the statewide law.

Inform employees of additional leave/benefits that may be available

Employees with serious conditions stemming from COVID-19 might be covered by The Family and Medical Leave Act (FMLA) or The Americans with Disabilities Act (ADA). In California it’s important to keep in mind the California Family Rights Act (CFRA) and the California Fair Employment and Housing Act (FEHA). It’s important to consult your employment counsel as to whether any of these apply to an employee’s situation.

Employees who are unable to work due to COVID-19 exposure may be able to file a disability insurance claim with the EDD (Employment Development Department). In CA, the EDD website has timely and important information on how employees can apply for unemployment insurance or disability coverage. Here’s the link to the CA EDD website: https://www.edd.ca.gov/about_edd/coronavirus-2019.htm

Bear in mind that although the EDD requires a physician’s certification, in the current environment medical professionals may be overwhelmed and unable to provide that certification in a timely manner. Allow some flexibility in the turnaround time for those certifications. Workers may also be eligible for unemployment insurance benefits if their work hours have been reduced by their employer or the company has temporarily shut down.

Along with health, safety and compliance issues, if you decide to offer telecommuting or require employees to work at a location other than their typical work situation, please be sure to review your company policies before making the change. Also, be sure to keep in mind that you may have to consider wage and hour issues for non-exempt employees as it relates to reporting pay, travel pay and reporting time.

Most of all, remember that employers are responsible for maintaining a safe and healthy work environment for their employees.

This topic is top of mind for many individuals. I suggest being proactive and letting employees know that as a company you are aware of the issues and you have a plan. If you need assistance, please reach out to me.

Stay well!

Resource for Professional Women Returning to Work

Professional women who have taken a break from their careers, for example, to start a family or care for an aging parent, often struggle to make the transition back in. Doubts about rusty skills, how to explain the gap on their resume, or how to fit into the current work environment can sap confidence and create barriers to moving the re-entry process forward.

If you’re in this position, I have a wonderful resource for you! Phase 2Careers is hosting a day of information, resources, networking and support for women just like you. Professional Women Returning to Work will be held Friday, March 20, 9:45 am -2:00 pm at the Sobrato Center for Nonprofits in Redwood Shores.

I’m thrilled to share that I will be a panelist in the “Preparing for Your Work Transition” session, which will also include other career transition experts.

The keynote address will be: “Using Your Life Experience for a Successful Career Transition.” Other activities include an employer roundtable, the opportunity to meet one-on-one with career coaches, and a resource area with a vast variety of educational and employment resources.

Click here to register. I hope to see you there!

Acting on Your Ideas

This year marks Connect to HR’s 10^th anniversary. As I mentioned in my first blog last month, throughout the year I’ll be sharing tips and lessons learned on my journey as a small business owner.

This month I share how I turned an idea into action.

On a random December day in 2009, an idea to start my own business suddenly popped into my mind. It came out of the blue. I had just wrapped up a second consulting project for Apple. I found myself thinking that it was the right time for me to consider starting my own business. I was enjoying consulting under another group, yet it occurred to me that I could do it on my own (little did I know how much work starting a business would take).

The idea of starting a business stayed with me. I couldn’t get it out of my mind. It kept me up a couple of nights. It was both exciting and terrifying. I didn’t know anything about running a business. I had no idea how to even get started. Could I really make money and contribute to my family income from my business? I had so many reservations about charting my own path. However, the idea wouldn’t go away.

After thinking about starting my own consulting practice for about a month, I decided in January of 2010 to do some research to see if I could turn my idea into something real. I attended a class at SCORE. I spoke to many business owners to learn as much as I could about running a business. I also decided to hire a successful business coach who had made a similar transition from corporate employee to owning her own business. Lastly, I joined the Santa Clara Chamber of Commerce where I started to attend a weekly networking group that helped me get my business off the ground.

Looking back, I still don’t know what prompted the idea of starting Connect to HR. It was such a risky step to take, and I typically played it safe when it came to my career moves.

There were two motivations that got me going and have become my “why.” The first was the need for flexibility and work-life balance in my life. My son was 3 at the time and I wanted to spend as much time as possible with him while also pursuing my career ambitions. The second was the variety consulting provided. These two motivations have been my guiding principles over the past decade.

My tip for anyone looking to start their own business is to do your research. Make sure you are grounded in your “why.” Also, don’t do it alone! Learn as much as you can from others. If possible, invest in a good business coach who can guide you as you get up and running. A good coach will save you time and money in the long run. They can help you avoid costly mistakes.

You don’t have to do it alone. There are so many great resources for those looking to start a business. Visit your local SBA (Small Business Administration) or SCORE office. Chambers of Commerce are also very helpful and supportive of small businesses.

Lastly, as Barbara Corcoran from Shark Tank said, “Don’t let today turn into tomorrow. You don’t have to get it right, you just have to get it going!”

New Employment Laws for 2020

California has enacted a number of new laws for 2020. Becoming familiar with them will help you stay in compliance and avoid costly penalties. Also, be sure to update your Employee Handbook to reflect the new legislation.

California has enacted a statute, AB5, effective as of last month, that makes it much more difficult to classify workers as independent contractors.

AB5 applies a strict “ABC test” to determine whether a worker is an employee or independent contractor, and puts the burden of proof on the employer. In order to be classified as an independent contract, the worker must meet each of the following:

(A) The worker is free from the control and direction of the hiring entity in the performance of the work, both under the contract for the performance of the work and in fact; AND
(B) The worker performs work that is outside the usual course of the hiring entity’s business; AND
(C) The worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

There are some exemptions including doctors, dentists, insurance agents, lawyers, accountants, real estate agents, hairstylists, and a variety of creative professionals. AB5 also exempts business-to-business contractors subject to a 12-factor test.

Misclassification can be extremely costly for employers in legal fees, back wages and benefits, and penalties. Now is an ideal time to do an overall review of how you’ve classified your workers. Also, it’s important to consult with an employment attorney if you plan to audit your records and reclassify your contractors.

SB142 – Lactation Accommodation – requires that all employers provide a safe, private and clean lactation room that is not a bathroom. The room must have access to a power supply for breast pumps, and a sink and refrigerator that are close to the employee’s workspace. Additionally, employers must provide reasonable rest breaks to express milk. They must also develop and distribute a policy. Employers may not discharge, discriminate or retaliate against an employee for exercising rights under the law. If an employer denies reasonable breaks or adequate space to express milk, they will suffer the penalty of an additional one hour of pay for each day there is a violation. Employers with fewer than 50 employees may seek an exemption from the requirement.

SB188 – The Create a Respectful and Open Workplace for Natural Hair Act (CROWN Act) – protects employees from racial discrimination based on hairstyle. The law clarifies the definition of race for the workplace and educational institutions to include, but not limited to, hair texture and protective hairstyles, and defines protective hairstyles.

Other changes of note:

The federal minimum salary threshold for exempt employees was increased as of January 1. Note that California employers must comply with the state’s higher thresholds for their employees working in the state. For employers with at least 26 employees, the minimum annual salary for a managerial, administrative, or professional employee in California to be classified as exempt is $54,080 ($49,920 for employers with 25 or fewer employees).

California increased its minimum wage as of January 1 to $12/hour for employers with 25 employees or fewer and $13/hour for employers with 26 employees or more. Several cities within the state also increased their minimum wage. Be sure you are paying employees based on the minimum wage in the city where they work or in the state of California, whichever is higher.

Here’s a reference regarding California minimum wage increments to keep handy: https://www.dir.ca.gov/dlse/faq_minimumwage.htm

The deadline for harassment prevention training has been extended to January 1, 2021 for most California employees.

Thinking of Hiring Employees? Start with a Strong Foundation

One of the things that I think has helped my business grow and thrive for the past 10 years is that I spent significant time at the beginning building a strong foundation.

As I mentioned last time, I went to a SCORE workshop to learn about the requirements (and challenges) of running a small business. I also made sure that I put the proper systems in place to manage my finances, do required reporting, etc. I invested in getting a basic website up and developing quality marketing materials to create Connect to HR awareness. I researched and joined relevant networking groups to build business connections.

Starting and maintaining a strong foundation will help see you through the good times and the challenging ones.

If you have or plan to have employees, there are additional foundational steps you need to take. Here are some key foundational HR items you need to address.

Effective hiring. As you identify the need to hire employees, be sure that you have developed a workforce plan that clearly defines job roles and requirements. Check out my previous blog about effective workforce planning for some tips. Don’t forget, in California there are required notices and forms that employers must provide new hires. Connect to HR offers a new hire tool kit that makes it easy for companies to understand their compliance requirements in the new hire process.

Job descriptions. Detailed and up-to-date job descriptions will help you recruit the right talent and assess their performance. They are also key in ensuring that you are legally compliant. A detailed job description not only protects you when you terminate an employee for non-performance, it also ensures that you comply with the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA) and other legal requirements.

Goals and objectives. Setting and communicating clear goals and objectives for employees (that are tied to company goals) will help reduce performance issues and keep employees engaged. Goals are a great tool to help monitor performance with clear standards. We suggest you review them with employees monthly, at a minimum, to ensure they are still relevant over time.

Labor law posters. Be sure you post all the required federal and state employment posters and have a system in place for managing your HR records. These posters are required for all businesses with two or more employees.

Employee Handbook. It’s important to have an Employee Handbook that includes basic employment policies as well as policies specific to your company. You can avoid employee and legal issues if you clearly communicate expectations about work hours, conduct, etc.

Health and safety. Company management is responsible for creating and maintaining a safe and healthy work environment. In California, all employers should have an Injury Illness and Prevention Program (IIPP).

Terminations. Just as it’s important to have an effective hiring process, it’s important that you have an effective (and legally compliant) process for terminating employees. Creating and following a Termination Checklist will help ensure that you cover all the bases. Terminating an employee is never easy, but putting some structure around it can make it less stressful for both you and the employee.

Please reach out to me at michelle@connecttohr.com if you need guidance on any of these items.

Connect to HR is Celebrating its 10th Anniversary!

It’s hard to believe, but it has been 10 years since I decided to leverage my human resources experience and start my very own business – Connect to HR.

It hasn’t always been easy, as you business owners will know, but it has always been gratifying, educational and inspiring! Having my own business has been like getting an MBA. It’s been the best teacher and has pushed me outside of my comfort zone.

This is the first in a series of blogs about my journey as a small business owner. Along the way I’ll be sharing some tips and lessons learned – how to get off to a good start, how to stay motivated, how to deal with setbacks, how to evolve to meet client needs, and more.

Before Connect to HR

After years of working in senior-level positions for large corporations across a variety of industries, I decided to leave the corporate world in search of work-life balance and a different work environment. Shortly after leaving, I had the opportunity to do some consulting work. One of my consulting engagements was with Apple, who had been around for a while, but still had that “start-up” feel. I was fortunate to do three consulting projects around the time Apple was reinventing itself and launching its first versions of the Apple iPod, iPad and iPhone. In between these projects, I had an opportunity with a nonprofit that was looking for someone to set up their human resources fundamentals. They wanted someone who could work in a small organization, but who had the experience of a larger, more established environment. I went from being part of an HR team to an HR Department of one. It was challenging and exciting and really honed my ability to be resourceful to get things done.

Other consulting opportunities followed, and I realized two things: 1) There was a big need for compliance experience. We were just coming off the downturn, and many companies had neglected that aspect of HR. And 2) I no longer wanted to work through someone else and lose part of the profit from my consulting gigs.

It was time to start my own business. In 2010, Connect to HR was born.

Getting Started

Running your own business requires you to wear many hats – management, marketing/sales, finance, administration, accounting, IT the list is long – in addition to actually doing your core work. SCORE is a great resource for small business owners. They have workshops on a variety of business topics and even offer experienced businesspeople as mentors. I learned a lot from their small business fundamentals workshop, and later had the opportunity to present a workshop on HR fundamentals for small businesses at SCORE for 4 years.

The human resources function is pretty broad, so one of the first steps was for me to decide on my focus area. I had worked in all aspects of HR, but was particularly interested in the legal area. In fact, at one point I had contemplated attending law school. Also, in the consulting work I’d done it was clear that there was a demonstrated need for compliance.

I decided that these three areas: employee relations, compliance and policies and procedures (Employee Handbook) would be my starting point, and I was off to the races!

Tips for getting started: Learn the fundamentals of starting a business. Be clear about your focus.

Tune in next time when I’ll share about acting on inspiration.