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Bottom Line Human Resource Issues
March 2017
Our Full Training Calendar
2017 Workshops and Webinars at-a-glance

April 20, 2017
Our retained clients receive a special discount for this webinar. Contact Katrina Murphy for the discount code.

April 26, 2017

May 9, 2017

**  This webinar is required for all CA supervisors and managers in firms with 50 or more employees and contractors.  It meets all requirements under the new FEHC regulations.

Reservations are required for Silvers HR workshops.

Contact Katrina Murphy at
(916) 791-8506 or 

It's usually a full house at our workshops.  Check out our Lifecycle of an Employee workshop in November 2016. We'll offer this again in October 2017.

Don't forget the new Form I-9
 is ready to be used. And it must be used for any new hires on or after January 21, 2017.  
has dozens of new employment related forms, sample letters and resources added this year.  Check it out - if you are lucky enough to have a password.  Sorry, it's only for our clients.
 Silvers HR, LLC
(916) 791-8506


This ezine is intended as a communication and thought provoking tool for our clients and friends. It is not legal advice. 
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More "Ban the Box" Laws; What Employers Need to Know
By Jennifer L. Lippi, J.D., SPHR
There are several local laws and a possible new state law that severely limit employer inquiry into criminal convictions.  On January 22, 2017, Los Angeles became the second city in California, after San Francisco, to adopt a "Ban the Box" ordinance that bars employers from inquiring about a job applicant's criminal history until later in the hiring process.  Among other things, this means removing the check box questions common on many employment applications that ask, "Have you ever been convicted of a criminal offense?" 

San Francisco's Fair Chance Ordinance

San Francisco's Fair Chance Ordinance took effect on August 13, 2014.  In general, the Ordinance prohibits employers from making any inquiry regarding criminal history until after an initial job interview.  Employers may ask about an applicant's criminal history only after the first job interview or after a conditional offer of employment.  The Ordinance also prohibits employers from at any time inquiring into or taking an adverse action based on any of the following:  Click here to read more.
Commissioned Employees are Entitled to Separate Pay for Rest Breaks

By Kim Silvers, SPHR-CA, SHRM-SCP
California employers received another surprise court decision requiring commissioned sales employees to be paid separately for their state-required rest breaks.  This decision is somewhat related to earlier decisions (and eventual state law) requiring piece rate workers to be compensated separately for rest breaks. If you have commissioned (inside sales) employees, read on and be prepared to review and edit your current compensation plans.

In Vaquero v. Stoneledge Furniture LLC , two former sales associates filed a class action suit against their former employer, Stoneledge Furniture, claiming that the company's commission plan did not compensate them correctly for their mandatory rest breaks (minimum 10 minutes... Click here to read more.

Check Your New Hire Packet:  A New Version of Form I-9 is in Effect

By Susan Breslauer, SPHR-CA, SHRM SCP
By January 22, 2017, all employers should be using the updated Form I-9, dated November 14, 2016, published by the US Citizenship and Immigration Services.  The new form has an expiration date of August 31, 2019.  All employers with one or more employees are required to complete Form I-9 and verify identification documents for newly hired employees by day three of employment.  Hopefully this is not new news to you!  These requirements were established in November 1986 by the Immigration Reform and Control Act (IRCA).  Since 1986, there have been many versions of Form I-9 published. 

Most notably, you may choose to complete the updated Form I-9 manually or via computer.  If you complete the form on the computer, you will find there are drop-down lists and calendars for filling in dates.  The instructions are programmed for each field, and there is quick access to the full instructions.  A handy feature is that you can clear the form and start over if errors are made.

There are several changes in the latest version that your I-9 verifier should be aware of.  Section 1 now asks for "other last names used" instead of "other names used" and it makes certification for certain foreign nationals more efficient.  Other formatting changes have been made, including:   Click here to read more.

San Jose Lends a (Mandatory) Hand to
Part-Time Employees.
Guess What's on the Ticket for the Rest of the State?
San Jose voters passed a ballot measure last fall that requires San Jose employers with 36 or more employees and who are subject to the San Jose Business License Tax or who maintain a facility in San Jose to offer additional work hours to existing qualified part-time employees before hiring new employees, including subcontractors or temporary staffing services.   The San Jose Opportunity to Work Ordinance, which became effective March 13, 2017, requires local employers to ensure their part-time staff have first consideration for additional hours and full- time jobs before an employer may hire from the outside.   The driver behind the ordinance was to prevent employers from keeping workers below 30 hours per week and avoid providing mandatory health care and other benefits not normally available to part-timers.  
No sweat, you say?   Of course, San Francisco led the way on this move with the Formula Retail Employees Ordinances in 2016.   Currently, the California Assembly is  proposing AB 5, the "Opportunity to Work" bill, which if passed, would apply similar scheduling requirements to all California employers with 10 or more non-exempt employees in the state. We'll keep you posted.  Click here for more.