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Bottom Line Human Resource Issues
Spring 2013

 Announcing Our

2013 Sacramento Workshops   






Our Next Workshops... 


Harassment Prevention for Managers 

June 20, 2013


Everyone's a Winner..... or They're Outta Here

August 8, 2013


Reservations are required for Silvers HR classes.

Contact Mary Patterson at

(916) 791-8506 or 



Quick and Dirty Tips


NLRB Poster Removed


The mandate to post the National Labor Relations Poster ("Notification of Employee Rights under the National Labor Relations Act") has been rescinded in a unanimous panel of  the United States Court of Appeals for the District of Columbia Circuit. If this posting is on your worksite, it is not required and may be removed. The posting requirement was delayed as it was appealed almost immediately in 2011.  


New Form I-9


Are you using the new From I-9 effective May 6, 2013? Click here for the new form and Employers' Handbook.


Heat Illness Prevention Training


It's time to roll out the Heat Illness Prevention Plan and required training for supervisors and employees. If you are in an outdoor work environment check out the Cal- OSHA requirements.


Sexual Harassment Prevention Training Due?


2013 is the update year for many CA employers to complete the state-required sexual harassment training for managers and supervisors. Contact us to schedule your workshop.


Silvers HR, LLC
(916) 791-8506


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More News About Exempt Employees


Important (and Costly) Clarification about Exempt Employees

Classifying an employee as exempt from overtime is risky business these days.  We often work with employers to help them assess whether a position falls within the exempt category under the state's definitions in the Industrial Wage Orders or the federal Fair Labor Standards Act.  We wish classification was a black and white call, but it often has grey thrown in.  As a result, there are frequent court rulings on an employer's actions in this area.  Two important appellate court rulings have recently been published outlining more clarity around these exempt classifications.

Exempt Employees Must be Paid on a "Salary Basis."  (Negri v. Koning & Assoc.)

Under the CA state law, exempt employees must be paid a predetermined amount (at least two times the state minimum wage for full time employment) that is not subject to a reduction based on the quantity or quality of work.  In the case of Negri v. Koning & Assoc., the plaintiff was an insurance adjuster who was classified as exempt and paid $29 per hour.  He did not receive a flat or any guaranteed salary. However, he always worked at least 40 hours per week and often worked additional hours.  He was also paid $29 per hour for each additional hour he worked overtime, not time-and-one-half as a non-exempt employee would be paid.  The employee sued his employer alleging he should have been classified as non-exempt and received overtime pay as a non-exempt employee would have been paid. 

Click here for the entire article.


The Five Most Often Asked Questions

 in Our Office

By Kim Silvers, SPHR-CA

We receive many phone call and email inquiries everyday from California employers.  Many calls are about employee performance issues and how to deal with them. (How to deal with the non-performers, that is. We rarely receive calls about great performers.)  Employers contact us to think out loud about the next steps when they are fed up with a "slacker."  Our job is to keep employers out of court and, with some planning and good documentation, our clients have lessened their risk in terminations.   What are the   most often asked questions in our office when a manager is considering taking  adverse action with an employee? Here's our top five list:


Click here for the entire article.

Completion - a Daily Trick to Greater Productivity

By Cami McLaren, McLaren Coaching

As a practice, whenever I speak to a group of businesspeople, I always offer them a 1/2 hour free coaching session with me.  No matter the level or position in the organization, the majority of the time, the coaching topic is "time management."  I work mainly with business managers and directors and, due to the number of "hats" many of them wear, the sense of being overwhelmed and out of control is predominant.  The experience can appear as some of the following:

  • I feel like I can never get caught up
  •  I fear that I am going to miss something
  • I feel scattered and disorganized
  • I feel tired and overwhelmed
  • I come in to work each day and I'm not sure where to start 

Click here for entire article.