Employment Practices - California Executive

Library

Notice to Employees: Injuries Caused by Work

California state poster requirement; information pertaining to work-related injuries and workers’ compensation claims

Employee Polygraph Protection Act

Federal poster requirement; employee polygraph rules

Equal Opportunity Employment Notice

Federal poster requirement; equal opportunity employment rules

Requirements Under USERRA

Federal poster requirement; employment laws governing U.S. military veterans

COBRA (Stimulus Bill Provisions): Notice in Connection with Extended Election Periods

This notice includes information about the stimulus bill’s special election opportunity and the premium reduction information, and must be sent to eligible individuals no later than April 18, 2009.

COBRA (Stimulus Bill Provisions): Alternative Notice

Sent to individuals who became eligible for continued health care coverage under state law (must be modified to conform to state law).

COBRA (Stimulus Bill Provisions): Abbreviated Version of General Notice

This only covers the 2009-enacted COBRA provisions and is sent to former employees who already are receiving COBRA benefits.

COBRA (Stimulus Bill Provisions): General Notice

This is sent to all beneficiaries and combines general COBRA information with provisions afforded by the 2009 federal stimulus package.

Automatic Enrollment 401(k) Plans for Small Businesses

This 16-page booklet, put together by the U.S. Department of Labor and the Internal Revenue Service, provides information specifically tailored to small employers on how to set up and manage an automatic enrollment 401(k) plan. It also provides a legal compliance checklist.

Form I-9: Employment Eligibility Verification(2)

Used to determine and verify a prospective employee’s resident status and eligibility to work in the United States. Updated, to be used after 2/02/09.

FMLA: Certification for Serious Injury or Illness of Covered Service-member for Military Family Leave (2009)

To be completed by the employee, the covered service-member and the U.S. Department of Defense to determine eligibility under FMLA’s military family provisions.

FMLA: Certification of Qualifying Exigency for Military Family Leave (2009)

To be filled out by the employer and the employee for the purpose of determining eligibility for leave pertaining to FMLA’s military family leave provisions.

FMLA: Designation Notice (2009)

To be filled out by the employer to designate a health-related leave of absence as FMLA leave.

FMLA: Certification of Health Care Provider for Family Member’s Serious Health Condition (2009)

To be filled out jointly by the employer, the employee and the family member’s health care provider. This form is used to determine FMLA-protected leave pertaining to a family member’s serious health condition.

FMLA: Certification of Health Care Provider for Employee’s Serious Health Condition (2009)

To be filled out jointly by the employer, the employee and the employee’s health care provider. This form is used to determine FMLA-protected leave pertaining to a serious health condition.

FMLA: Notice of Eligibility, Rights & Responsibilities (2009)

This form is to be filled out jointly by the employee and employer to determine eligibility under FMLA regulations.

Family & Medical Leave Act (FMLA): Workplace Poster (2009)

Required by federal to be posted in the workplace, in view of employees. The one-page poster provides a general overview of employee rights and employer obligations under FMLA.

San Francisco Minimum Wage (2009): City Contractors

This poster explains San Francisco’s minimum wage for city contractors as of Jan. 1, 2009 and must be posted in the workplace. In six languages.

San Francisco Minimum Wage (2009): Private Employers

This poster explains San Francisco’s minimum wage for private employees as of Jan. 1, 2009 and must be posted in the workplace. In six languages.

Required Poster Prior to General Election

The California Secretary of State requires employers to provide up to two hours of paid leave for employees to vote during general elections. This poster must be displayed in the workplace at least 10 days prior to the election.

California Paid Family Leave Weekly Benefit Amounts

This rate chart generated by the EDD calculates weekly benefit amounts for recipients of the Paid Family Leave Program.

California Paid Family Leave Program: Overview

This two-page flyer provides a brief overview of the state’s family leave program, which allows qualified employees to take six weeks leave at 55% of their pay rate to care for a newborn or a seriously ill family member.

EEOC Compliance Manual: Religion

The Equal Employment Opportunity Commission reissued an updated compliance manual pertaining to religious discrimination in the workplace in July 2008.

Hands-Free Cell Phone Law: Sample Employee Policy

As of July 1, 2008, California motorists are required by law to use a hands-free headset if using a mobile phone while driving a vehicle. This sample HR policy, if added to an employee handbook, can help release employers from liability for work-related violations of the law by employees (provided by Jennifer Achtert, a San Francisco employment litigation attorney with Fisher & Phillips LLP).

Worker Classification Factors: Comparison of Federal & Ca. Agencies

This checklist compares and contrasts the factors used by the various state and federal agencies to determine whether a worker is an employee or an independent contractor. A comprehensive list of factors used by the IRS also is available.

IRS Factors for Determining Worker Classification

Several different lists are used to determine whether workers are employees or independent contractors, but this is perhaps the most stringent list and the one most often used. Included are 20 factors that define an “employee,” along with three categories that help employers determine the level of control over a given worker.

2008 NDAA Provisions (Military Family Leave, FMLA)

Two provisions for family members of active duty military personnel were announced in early 2008, providing 12 weeks of leave for a “qualifying exigency” and 26 weeks leave to care for a family member injured in the line of duty. The Department of Labor issued this poster to be displayed in the workplace.

2008 Proposed Revisions to Family Medical Leave Act

Proposed changes to FMLA rules, subject to a 60-day comment period ending April 11, 2008. The report discusses what would change and its projected costs and benefits for employers.

Annual Reconciliation Statement (Form DE 7)

Each year, California employers are required to complete an Annual Reconciliation Statement (DE 7). It is used to reconcile payroll tax payments and the total subject wages reported for the year. The DE 7 is mailed to in December each year, but here’s one in case you missed it.

Quarterly Wage and Withholding Report (Form DE 6)

Make sure you don’t stray from California labor law. File this form on a quarterly basis for all employees on your payroll.

Employees Withholding Allowance Certificate

This is a California Employment Development Department (EDD) form for calculating state withholding allowances from wages for California workers.

Guide to Sponsoring an Employee for Permanent Resident Status in the U.S.

Ever wonder how to sponsor a foreign employee for permanent residency in the U.S.? This USCIS guide covers various visa types and the process in general This USCIS guide covers various visa types and the process in general.

Guide to Hiring a Foreign National for Short-Term Employment in the U.S.

Ever wonder how to hire a foreign short-term worker to join your company? If you’re facing tough times finding qualified workers on the home front, going foreign may be right for you. This USCIS guide covers various visa types and the process in general

Request for Return to Work Benefits

Stay at Work/Return to Work (SAW/RTW) allows an employee to either continue to work or return to work gradually on a structured part-time basis for a limited period, with the goal of increasing your hours at work to full-time. If approved for SAW/RTW, the employee continues to receive a modified disability benefit based on your disability period guidelines and the definition of disability that applies.

Labor Condition Application for Non-Immigrant

Are you planning to hire an H1-B visa holder because you can’t find qualified non-visa holders? Then you need this form. It’s a PDF version of the U.S. Labor Department’s form ETA-9035. This form, however, must be filled out electronically at www.lca.dovita.gov.

Instructions for filling out Forms ETA-750 (A&B)

Make sure you fill out your Application for Alien Employment Certification forms correctly. These step-by-step instructions are a must.

Criminal History Record Request

Make sure you have as much information about a new employee’s background, especially any criminal past. Employees sign this to authorize employer to run a criminal background check of hiree.

Notice of Disability Claim

Employees sometimes have issues that force them to go on disability. This form is useful as a paper trial and evidence of the problem. It an essential personnel form.

Time Sheet

Keep track of your employees working hours in an organized fashion. If you don’t have an electronic time clock, this form is ideal as an electronic template.

Employee Performance Report

You want to be thorough during your employee evaluations to ensure that any personnel moves you make in the future are substantiated. This a comprehensive form includes ratings for job skills, safety practices, capabilities, judgment, ability to follow orders and much more

Performance Evaluation Form

It’s that dreaded time of the year, when it’s time to evaluate your employees’ performance. This form ensures that you don’t forget a thing from strengths to work quality and professional judgment.

Dental Expense Claim Form

Got a dental plan? Make sure your employees provide the dentists with the right form if they want the services covered. This one’s it and you’ll need it. Make sure to fill it just gets routed to the dental insurer..

Applicant Selection and Disposition Form

During the hiring process and to refine your search, experts say you should rank your candidates. This way if the first choice doesn’t pan out, you can go back to your list. This form is used to justify final selection after completion of interviews.

Interviewee Evaluation Record

It’s a good idea to be systematic when interviewing candidates. Keep track of the candidates you interview with this handy form that includes criteria and qualifications assessed in the interview.

Action Request Form

Make sure the employee you hire is hired under the proper guidelines of your internal company policy. This form identifies an employee as an emergency, regular, temporary and probationary hire. For each category, this form includes all of the details the employer must gather.

Absence Report

Keeping track of your employee’s absences, leaves and vacations is an essential part of record-keeping. This catchall form is ideal for any employer, listing sick leave, funeral leave, vacation, leave without pay, personal holidays, jury duty, maternity and paternity leave, military leave and even, AWOL.

Job Candidate Profile

Before buying an employment ad, make sure you brainstorm about the attributes required of a candidate for a vacant positions and the job description. This form not only helps you focus your job ad but also defines the scope of duty, requirements, education, knowledge competencies and skills.

Background Check/Employment Agreement

Make sure that you leave evidence that you’ve given your employee the proper notification of a background check. This form ensures that you have a proper paper trail.

Agency Background Check Request Form

To make sure the human resources office thoroughly conducts a background check, this form is a must. It includes requests for checks of criminal background, driving record, employment verification, education verification and a social security trace.

Company vehicle usage form

Make sure your employees aren’t joy-riding in the company car and keep a tally of vehicle mileage for accounting purposes. This form will make your employees accountable for the miles they put on the company’s car and you’ll have the proper documentation.

Medical/Family Leave Return to Work Certification

After an employee wants to return to work after leave of absence for medical reasons, cover yourself and the employee by having a doctor approve your employee’s return to work. This form, which can be filled out by a healthcare provider, is ideal for such circumstances.

Leave of Absence Request Form

Tragic events are unavoidable in life and sometimes an employee must take an extended leave to deal with the aftermath. This form can be filled out by employees asking permission for a leave of absence for military leave, professional development, illness, caring for a family member, pregnancy, recent birth.

Employment Package

Don’t have a good application package for prospective employees to fill out? This one’s got it all – a criminal conviction disclosure form, close relative disclosure form, affirmative action form and a detailed application.

Instructions for Form DE 678

Explicit instructions for form DE 678

Tax and Wage Adjustment Form (DE 678)

Use this form to get a refund on overpayment of income taxes after overestimating payroll. The Employment Development Department Tax and Wage Adjustment Form (DE 678) is used to make changes to the Annual Reconciliation Statement (DE 7), Quarterly Wage and Withholding Report (DE 6), Employer of Household Worker(s) Annual Payroll Tax Return (DE 3HW), Quarterly Report of Wages and Withholdings for Employers of Household Workers (DE 3BHW), and Payroll Tax Deposit (DE 88).

Instructions for Form DE 542

Explicit instructions, down to what type of ink to use on the form.

Payroll Tax Deposit Form (Form DE 88)

The DE 88 coupon is used to report and pay Unemployment Insurance (UI), Employment Training Tax (ETT), State Disability Insurance (SDI), and Personal Income Tax (PIT) to EDD. It’s an essential part of tax filing process in California.

Report of Independent Contractor(s) (Form DE 542)

Any business that is required to file a federal Form 1099-MISC for services performed must also report specific information to EDD regarding any independent contractor providing services to you or your business. Here’s the form.

California Employers Guide 2007

This is the end-all and be-all of the official guides for running a business similar to one released by the Employment Development Department

Report of New Employees (Form DE 34)

Make sure that you stay on the good side of the Employment Development Department by keeping it informed of new employees on your staff. File the DE 34 form with the EDD.

W-4

Used by the employee to calculate the amount of federal tax to be withheld each pay period. The W-4 is only a starting basis, as personal situations may dictate withholding more or less. In most cases, withholding corresponds to the number of dependents or exemptions claimed.

Form SS-4

This form is used to apply for the Employer Identification Number (EIN). Also known as a Federal Tax Identification Number (TIN), this number is used to identify a business, much like a social security number is used to identify an individual.

I-9

Also known as the Employment Eligibility Verification form, the I-9 must be completed by the employee and employer at the time of the employee’s hiring. The employer retains the form, intended to prove the employee’s legal eligibility for employment. Updated on 11/09/07.

Form W-9

The W-9 is used to acquire the taxpayer identification number (TIN) of an independent contractor or consultant. The form, which asks for an individual’s social security number or a contracting firm’s TIN, is used to certify that the individual or firm has provided an accurate TIN and that the party is not subject to backup withholding.

Whistleblower Notice

California state poster requirement; rules for protection of whistleblowers

Unemployment Insurance Notice

California state poster requirement; notice to employees about unemployment insurance eligibility

Unemployment Insurance Benefits

California state poster requirement; notice to employees about unemployment insurance benefits

Pregnancy Disability Leave

California state poster requirement; maternity leave requirements to employees

Payday Notice

California state poster requirement; when employees are paid

Family and Medical Leave Act (FMLA)

Federal poster requirement; federal family and medical leave laws