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Making Compliance News
December 2005
ARTICLES:
REMINDERS:
PRODUCTS:
REGULAR FEATURES:
WHAT’S NEW FOR 2006!
Federal News:
Federal Minimum Wage: For the 2nd time this legislative session, the Federal lawmakers have failed to pass an increase to the Federal Minimum Wage.
Immigration Laws: The House of Representatives is due to discuss the “Improved Border Security and Immigration” Bill which includes a provision for “Employee Eligibility Confirmation” System to be established for confirming a workers’ eligibility status. Watch for updates.
State News
California
- DFEH 2005 law extends the timeframe for filing a discrimination claim for certain individuals.
- DFEH 2005 law clarifies existing civil rights laws for business establishments
- Cal/OSHA Headquarters and a District Office move to new locations.
Connecticut:
Minimum Wage bill increases Minimum Wage progressively to $7.45 per hour January 1, 2006 and $7.65 per hour effective January 1, 2007.
District of Columbia:
Minimum Wage increases to $7.00 per hour effective 1/1/2006
Florida:
Florida's Minimum Wage increases to $6.40 per hour effective January 1, 2006. The wage rate for Florida is adjusted to an inflation index every January 1st. Public Lodging and Food Establishment posting required…are you in compliance?
Hawaii:
Minimum Wage bill increases Hawaii Minimum Wage to $6.75 per hour January 1, 2006 and $7.25 per hour in January 1, 2007. Other posting revisions are due.
Illinois:
Illinois passed a Blood Donor Leave Act effective January 1, 2005 requiring employers with 51 or more employees to allow 1 hour paid leave every 56 days to donate blood.
Nevada:
Assembly Bill amends the "overtime pay" section of the Nevada Statutes.
Oregon:
The Minimum Wage will increase to $7.50 effective January 1, 2006 per the adjusted rate of inflation
Texas:
New law calls for "industry specific" posting for Restaurants and Bars. Call for more information.
Vermont:
Vermont has released the Minimum Wage poster with progressive wage increases on January 1, 2006 to $7.00 and to $7.25 on January 1, 2007. Other posting changes have occurred and been implemented due to a merger between the Department of Labor and Industry and the Employment & Training Department adding a new logo for the Department and new text on each posting regarding "Equal Opportunity is the Law". Revised CPC's poster date is 9/2005
Washington:
The wage rate for Washington is adjusted to an inflation index every January 1st. The Washington Minimum wage will increase to $7.63 on January 1,2006.
FLU FIGHTER FACTS
Tips to keep your office well…
Flu and Cold Season is upon us…what can you do to help cut down lost work time? Since it is important for our staff to stay well we gathered some information that we would like to share with you. We are including some helpful hints that if followed will aid in the number of cold/flu absences and the length of time needed for recovery.
The most important step is good hygiene!
- Before & after eating, using the restroom, sneezing or coughing you should always WASH YOUR HANDS with soap in warm to hot water. If you silently sing “Happy Birthday to you” twice, it will wash most of those germs down the drain! If soap and water are not available use hand sanitizer or wipes.
- Do not re-use water bottles! If it has a pop-up lid, bacteria and germs can breed.
- Avoid putting your hands on your face.
- Use paper towels instead of a cloth towel to avoid germs and bacteria staying on the fabric.
- Use paper towel to turn off faucets, especially in public restrooms.
- Ladies, do not put your purse on the floor –the floor is full of germs/bacteria.
- Telephones & headsets…do you provide “relief” for your receptionist breaks and lunch? Be sure to keep sanitizing wipes or alcohol wipes at the receptionists desk…when there is a shift change or breaks, lunches, wipe the mouthpiece.
The WORST area in your office…your desktop! It is estimated that 400 times more bacteria is found on desktops vs. most toilet seats! Use sanitizing wipes frequently on your desktops.
We also are providing the following documents from the CDC for downloading and distributing to your employees cut down the hours lost to illness this winter:
Preventing the Spread of Influenza in Child Care Settings: Guidance for Administrators, Care Providers, and Other Staff, and Stopping the Spread of Germs at Work (English & Spanish)
We wish you a healthy, happy winter!
OFCCP MAILS EVALUATION NOTIFICATION LETTERS TO FEDERAL CONTRACTORS
Mails Scheduling Evaluation Notification Letters Office of Federal Contract Compliance Program
OFCCP is responsible for ensuring that employers doing business with the Federal government comply with the laws and regulations requiring nondiscrimination. The OFCCP focuses its resources on finding and resolving systemic discrimination.
In the agency’s efforts to enforce the Federal nondiscrimination laws periodically perform “compliance evaluations”. OFCCP recently sent its regional offices a new list from which the agency will schedule compliance evaluations of non-construction federal contractors beginning in October 2005. The list is generated by the Federal Contractor Selection System (FCSS) that uses seventeen factors comparing the workforce profile of the establishment to those of establishments in the same industry classification and to that of the local labor market using 2000 Census data.
The new FCSS list is comprised of facilities with 150 or more employees that have been identified as an establishment of a federal contractor by OFCCP.
OFCCP has mailed a Corporate Scheduling Announcement Letter to the parent company if more than one of the company's establishments is on the FCSS list OFCCP will use to schedule new compliance evaluations. Approximately 226 letters went out to “corporate headquarters with multiple establishments” and another 1,500 audit scheduling letters were to be sent out in October for traditional compliance reviews. It is expected that more letters will be sent out in November and in January. The CSAL includes a list of the company's establishments that are on the scheduling list.
| More information about these scheduling letters can be found at the OFCCP website: |
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One of the best ways to be sure you are compliant with the law –be sure you have the required labor law posters in your applicant/interview room area and abide by those laws. Be sure your employees have access to viewing all state, federal, OSHA required postings. Check your “affirmative action” policy, check for any pay disparities.
If you contract/subcontract with the U.S. Government of the District of Columbia, you may be required to post other Federal postings such as:
click for Product Information
| Davis-Bacon Poster |
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| Walsh-Healy Poster |
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| Beck’s Rights Poster |
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| DOT Federal Highway Construction Poster |
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| DOT False Statements Concerning Highway Projects |
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OFCCP ISSUES FINAL RULE FOR DEFINITION OF AN INTERNET APPLICANT
41 CFR Part 60–1 Obligation To Solicit Race and Gender Data for Agency Enforcement Purposes; Final Rule.
Regulations become effective February 6, 2006.
This final rule adds 41 CFR 60-1.3 & 60-1311 regarding “Internet Applicants” Office of Federal Contract Compliance Programs regulations require covered federal contractors and subcontractors to collect information about the gender, race and ethnicity of each ‘‘applicant’’ for employment. The final rule published today modifies OFCCP applicant recordkeeping requirements to address challenges presented by the use of the Internet and electronic data technologies in contractors’ recruiting and hiring processes. The final rule is intended to address recordkeeping requirements regarding ‘‘Internet Applicants’’ under all OFCCP recordkeeping and data collection requirements.
OFCCP requires covered federal contractors to obtain gender, race, and ethnicity data on employees and, where possible, on applicants. OFCCP requires this data collection activity for several purposes relating to contractors’ administration of nondiscrimination and affirmative action requirements and OFCCP’s role in monitoring compliance with OFCPP requirements. For example, contractors use gender, race, and ethnicity data in the ‘‘job group analysis’’ portion of their AAPs (41 CFR 60–2.12) and OFCCP uses the data to decide which contractor establishments to review and, among those reviewed, when to conduct an on- site investigation. Contractors must supply this information to OFCCP upon request.
OSHA RECORDKEEPING…
Are you prepared for posting the OSHA LOG 300 from February 1, 2006 through April 30, 2006?
Federal law requires employees to post the OSHA Summary 300 log each year during this time period. Are you ready? Use our OSHA Interactive CD kit which provides the logs in an interactive .pdf format...fill out and print and post
OSHA RECORDKEEPING FORMS KIT
Let our Interactive CD OSHA Forms Kit keep you in compliance.
It includes the 3 required OSHA recordkeeping forms and 12 other important OSHA forms.
OSHA Recordkeeping
| Click for product information |
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REMINDERS
Sexual Harassment training DEADLINE FOR CALIFORNIA EMPLOYERS – JANUARY 1, 2006
INTERACTIVE SEMINARS & VIDEO training
ATTENTION: CALIFORNIA EMPLOYERS
Every SUPERVISOR on your payroll as of July 1, 2005 MUST receive training
Federal and State laws prohibit sexual harassment and ignoring this subject can leave your company open to liability. Protect yourself and your company from allegations of “Sexual Harassment”. CPC is offering “Interactive Seminars” and other training tools to meet the requirements for training.
Sexual Harassment INTERACTIVE Seminars
(California specific for employers with 50 or more employees)
To meet California’s new law requiring employers with 50 or more employees to train supervisors, we offer INTERACTIVE Training Seminars.
Sexual Harassment Videos
(Reinforcement & general training in sexual harassment for all states)
For other states and to reinforce training, we offer Sexual Harassment Videos for ALL EMPLOYEES and for MANAGEMENT EMPLOYEES.
Please refer to our archived June 2005 Newsletter for more details
BECK'S RIGHTS FEDERAL POSTING
Beck's Rights Posting Updated
The U.S. Department of Labor has revised the size requirements for this Federally mandated posting. The poster must be posted 11" x 17" to be in compliance.
Don't risk possible fines, sanctions and cancellations of your Federal government contracts or subcontracts !
Beck’s Rights Poster
| Click for product information |
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Employers covered by the Railway Labor Act (RLA ), such as those in the railway and airline industries , E.O. 13201 obligations are not limited to covered states, but apply to any facility in which some of the employees are represented by a union, regardless of the state .
Beck’s Rights - RLA
NEW FEDERAL USERRA BENEFITS POSTER
UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT
All employers are required to provide a written notice of rights, benefits and obligations concerning those who have served , are serving or may serve in the Uniformed Services including Reserve and National Guard forces.
NEW FEDERAL USERRA BENEFITS POSTER
| Click for product information |
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FEATURED PRODUCTS
Our promise is to help keep you in compliance! To help keep this promise to you, our customers, we offer the following products:
COLD STRESS POSTER
ARE YOUR EMPLOYEES EXPOSED TO EXTREME WEATHER CONDITIONS ON A DAILY BASIS?
It is every employer’s responsibility to maintain safe working conditions for their employees, even under extreme weather.
Winter is here and workers are exposed to extreme cold temperatures that can be injurious and even fatal. Our poster is just what you need to remind you and your employees to take the necessary “safety” precautions to prevent injuries. Workers in construction, commercial fishing, maritime and agriculture are among those most often exposed to severe weather conditions and need to take safety precautions.
Our COLD STRESS poster provides a quick reference guide and recommendations. A great training tool! Available in English and Spanish, this laminated poster is full of tips to protect your workers, recognize the signs and symptoms for “frostbite” and hypothermia.
COLD STRESS POSTER
| Click for product information |
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2006 CALENDARS AND PLANNERS
Get ready for 2006… with our new 2006 calendars and PLANNERS. This space-saving, economical 12-month calendar will help you track Project Deadlines, Employee Vacations, Meetings, Conventions, & other important events. The high-quality laminated write on/wipe off surface makes it easy to make changes as they occur. The calendars include all standard holidays to make planning easier.
We also have 90-Day and 120-Day Planners to make your life easier. Get a planner for each Department for planning and tracking projects
All are 27” x 40” allowing ample space to write in.
| Click for product information |
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HUMAN RESOURCES FORMS KIT
Interactive .pdf HR Forms on CD with updated 2005 W-4. A real time-saver! Kit includes 17 useful HR forms. Call for details.
| Click for product information |
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VIDEO OF THE MONTH - VIDEO/POSTER COMBO
HEAT STRESS
Each month we will offer a Video/Poster Combo to help you with your safety training. Use the video to train your employees and post the poster to reinforce the training on a daily basis.
Protect Your Employees with Video Training…
Reinforce with poster …
Fire Extinguisher Video 1019F (English & Spanish – 11 min.)
Everyone in your facility should be trained in the proper use of extinguishers. Explains different classes of fires, types of fire extinguishers, the key word PASS, and other tips. or
Fire Prevention Responsibility 1023F (English & Spanish – 11 min.): covers employee responsibilities such as housekeeping, electrical fire prevention and protection, & avoiding blocking of exits.
Fire Extinguisher Poster
| Click for product information |
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SPECIAL VIDEO/POSTER COMBO
By the Video and receive the Poster FREE!
Call our Customer Service Representatives to find out more!
MANDATORY 2005 REVISIONS BOLDED
- NEW! Federal USERRA Notice – Mandatory for All Employers!
- REVISED! Federal Beck's Rights Poster
- Arkansas effective 8/2005
- California effective 7/2004
- Delaware effective 12/2004
- District of Columbia (Revisions for 2006)
- Florida effective 5/2005 (Revisions for 2006)
- Georgia effective 8/2005
- Hawaii effective 5/2005 (Revisions for 2006)
- Iowa effective 8/2004
- Louisiana effective 8/2005
- Maine effective 10/2005
- Massachusetts 12/2004
- Minnesota effective 8/2005
- Missouri effective 8/2005
- Nebraska effective 8/2005
- New Jersey effective 8/2005
- New Mexico effective 10/2005
- New York effective 1/2005
- Oklahoma effective 8/2005
- Oregon effective 1/2005
- Vermont effective 9/2005
- Washington effective 1/2005 (Revisions for 2006)
- West Virginia effective 7/2005
- Wisconsin effective 6/2005
We have a total of 17 states in Spanish.
Many states require employers with Spanish-speaking employees to post the State and Federal labor laws in Spanish. Others highly recommend posting in Spanish to ensure that your employees understand their rights and the labor laws. Spanish All-On-One™ Posters are now available for the following states:
- Arizona*
- California*
- Florida *
- Georgia
- Iowa
- Kentucky
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- Minnesota*
- New York *
- North Carolina
- Oregon
- Puerto Rico (Spanish Only)
- South Carolina
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- Tennessee*
- Texas *
- Utah
- Virginia
- Washington
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*Required to be posted in Spanish
Many companies, associations, and PEO’s are taking advantage of CPC’s exclusive “Custom Poster Program.” This program allows organizations to incorporate their logo, company colors, Mission Statement and even some custom verbiage into the design of the poster. Posters can be specially designed to specific size requirements, horizontal or vertical orientation, and with high-quality lamination.
We are always interested in our customer's needs. Do you have a special issue you would like featured in Making Compliance News?
Please email your request to: anns@complianceposter.com .
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