staffing: managing your most valuable asset. your staff are the key to your success! impact on the...
TRANSCRIPT
STAFFING: MANAGING YOUR MOST VALUABLE ASSET
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• Your staff are the key to your success!
• Impact on the “bottom line”
• Impact on resident satisfaction
HUMAN RESOURCES
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• Size of community
• Universal workers
• Departmental assignments
GENERAL CONSIDERATIONS
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Department Heads/Managers
• Administrator/Executive Director
• Nurse
• Activity director
• Business manager
• HR manager
• Marketing and sales manager
• Dining/food service manager
• Housekeeping manager
• Maintenance
COMMON ROLES, DUTIES, AND QUALIFICATIONS
Line Staff
• Caregivers
• Cooks
• Servers
• Housekeepers
• Maintenance
• Activity assistant
• Receptionist
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Turnover
INDUSTRY TRENDS
Overall Nursing29.60%
29.80%
30.00%
30.20%
30.40%
30.60%
30.80%
31.00%
31.20%
31.40%
31.60%
Overall; 30.20%
Nursing; 31.40%
Source: NCAL 2012 Assisted Living Staff Vacancy, Retention, and Turnover Survey
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Vacancy
INDUSTRY TRENDS
Overall Nursing3.30%
3.40%
3.50%
3.60%
3.70%
3.80%
3.90%
4.00%
4.10%
Overall; 3.60%
Nursing; 4.00%
Source: NCAL 2012 Assisted Living Staff Vacancy, Retention, and Turnover Survey
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Federal and State Agencies
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• State and federal agencies
• Department of Labor
• IRS
• Employment Development Department (EDD)
• US Citizenship and Immigration Services
• Cal/OSHA
OTHER AGENCIES INVOLVED
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• COBRA
• FLSA
• FMLA
• OSHA
• Wage Order 5
KEY EMPLOYMENT LAWS
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• Fair Labor Standards Act
• Standards for the basic minimum wage and overtime pay
• Restricts the hours that children under age 16 can work and forbids the employment of children under age 18 in certain jobs deemed too dangerous.
• Learn more: www.dol.gov/compliance/laws/comp-flsa.htm
FLSA
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• Published by the California Department of Industrial Relations
• Regulates the wages, hours, and working conditions in certain industries or occupations
• www.dir.ca.gov/iwc/wageorderindustries.htm
WAGE ORDER 5
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• Consolidated Omnibus Budget Reconciliation Act (COBRA)
• Gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods
• Under certain circumstances such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events
• Qualified individuals may be required to pay the entire premium for coverage up to 102 percent of the cost to the plan.
• Generally applies to group health plans sponsored by employers with 20 or more employees in the prior year.
• Learn more: www.dol.gov/dol/topic/health-plans/cobra.htm
COBRA
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• Family and Medical Leave Act
• Up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons:
• Birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee
• Care of an immediate family member (spouse, child, parent) who has a serious health condition
• Care of the employee's own serious health condition.
• At least 50 employees
• Learn more: www.dol.gov/compliance/laws/comp-fmla.htm
FMLA
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• Occupational Safety and Health (OSHA) Act
• “Assure safe and healthful working conditions for working men and women"
• Created the Occupational Safety and Health Administration (OSHA) at the federal level
• States can run their own programs as long as those programs were at least as effective as the federal program
• Learn more: www.dol.gov/compliance/laws/comp-osha.htm
OSHA
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The Employment Lifecycle
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HUMAN RESOURCES
Identify Needs
Recruit
Screen and Interview
Hire
Manage
Terminate
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Recruiting and Hiring Staff
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• Advertising
• Classifieds
• Online
• Word of mouth
• Refer a friend programs
• Local schools/colleges
WHERE TO FIND QUALITY STAFF?
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• ________________________________________
• ________________________________________
• ________________________________________
• ________________________________________
HOW DO YOU BECOME A PREFERRED EMPLOYER?
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SCREENING
Pre-Screen InterviewOffer of
employment
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• Review resume/application
• CCL Form 995F
• Review the position
• Review pay range
• Help avoid “wasting time” with a full interview
PRE-SCREENING
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LIC995 F
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• Fill out an application first
• Include a statement on the application that you are an “Equal Opportunity Employer”
• Include a statement on the application that it does not constitute a promise or guarantee of employment
THE INTERVIEW
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• Ask open ended questions
• Evaluate responses critically. Did the applicant answer the questions fully?
• Do not make any promises or guarantees with regard to the job or future employment. For example, avoid comments such as “You are by far the strongest candidate I’ve interviewed.”
• Take notes on a piece of paper separate from the job application or resume.
THE INTERVIEW
Adapted from www.monster.com
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• Questions to avoid
• Fair Employment and Housing (CA DFEH)
THE INTERVIEW
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• Have more than one person interview each candidate.
• Check references!
• Avoid the costs of a bad hire!
THE HIRING DECISION
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Hiring Process
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• Contingencies:
• Criminal clearance
• Health screening
• Drug testing
• Offer letter
• Avoid promising specific shifts, days, schedules, etc.
OFFER OF EMPLOYMENT
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• Effective January 1, 2012, California law requires offer letters for non-exempt employees
• Must include:
• The rates of pay and basis for those rates (e.g., whether the employee is paid by the hour, shift, day, week, salary, etc.) including any rates for overtime, as applicable
• Allowances, if any, claimed as part of the minimum wage, including meal or lodging allowances
• The regular payday designated by the employer
• The name of the employer
• The physical address of the employer’s main office or principal place of business and a mailing address, if different
• The telephone number of the employer
• The name, address, and telephone number of the employer’s workers’ compensation insurance carrier
OFFER LETTERS
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• Assists in explaining the job to applicants.
• Serves as a basis for writing of postings and developing a list of criteria for a successful candidate to meet.
• After the person has been hired, it gives the new employee a direction and basis from which to start.
• Serves as a tool in the measurement of performance.
• Provides information related to physical and emotional requirements of the job and to assist the health care provider in completion of Health Screening (LIC 503).
JOB DESCRIPTIONS
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• Persons who must be cleared
• Exempt from criminal clearance requirements
• Timeframes for clearances
• Criminal clearance transfers
• Criminal record statements
• Penalties for violation
CRIMINAL CLEARANCE REQUIREMENTS
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• Licensee
• Administrator, supervisors
• Any adults other than a client, residing in the facility
• Caregivers (some exceptions for home health, etc.)
• Any staff or volunteer who has contact with residents
• CEO and Officers of the board
WHO MUST BE CLEARED?
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• Spouse or friend of a resident who visits
• Volunteers (must meet criteria)
• Third party contractor (must meet criteria)
• Licensed or certified medical professionals, not employed by the RCFE
• Home health and hospice staff
• Clergy
WHO IS EXEMPT?
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• Must be completed “prior to working, residing or volunteering in a licensed facility”
TIMEFRAMES FOR CLEARANCE
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CRIMINAL RECORD
STATEMENT
(LIC508)
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CRIMINAL CLEARANCE PROCESS
Fingerprints Submitted
DOJ Conducts Background Check
No Criminal History
Clearance forwarded to individual and
CBCB
Criminal History
CBCB reviews transcript from DOJ
Exemption or denial
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• Replaced ink fingerprint cards in 2005
• Done at CCL offices or other non-contracted sites
• Fees vary
• “Dummy” number: 3455 88888
LIVESCAN
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CRIMINAL CLEARANCE FEES
DOJ Fee $42
FBI Fee $17
DOJ CACI Fee n/a
Livescan Fee (varies) $16
TOTAL $75
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• All convictions other than minor traffic violations, including misdemeanors, felonies and convictions that occurred a long time ago require an exemption
• Serious crimes such as robbery, sexual battery, child abuse, elder or dependant adult abuse, rape, arson or kidnapping are not eligible for an exemption
CRIMINAL RECORD EXEMPTION
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Health Screening
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• All personnel
• A health screening by a physician
• Including a chest x-ray or an intradermal test (TB)
• Not more than 6 months prior to or 7 days after employment or licensure
HEALTH SCREENING
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Managing Staff
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• Paychex
• ADP
• Labor attorneys
• California Chamber of Commercewww.calchamber.com
DON’T DO IT ALONE!
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Employee Records
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• Personnel record
• Health screening/TB test
• Criminal record statement
• Criminal clearance
• Administrator certificate, if applicable
• First aid card, if applicable
• Verification of education/experience
• Copy of driver’s license
• Training documentation
• SOC 341A
EMPLOYEE RECORDS
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CCL STAFF RECORDS
CHECKLIST
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LIC501
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FORM I-9
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FORM W-4
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Staff Training
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• Water safety certificate (80065)
• Appropriate on the job training (80065)
• Standard precautions
• Egress control devices (80065)
• Health-related services (80075)
• First aid (80075)
• Total care (80077.2)
• Restricted health conditions (80092.1)
ARF
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• Caregiver orientation (AB1570, SB911)
• 10 hours now, 40 hours in 2016
• Dementia care added in 2016 (12 hours)
• Postural supports, restricted conditions, and hospice care added in 2016 (4 hours)
• LGBT
• Caregiver ongoing (4 hours now, 20 hours in 2016)
• CPR (AB2044)
RCFE
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• Medications – 16+ residents (AB1570, SB911)
• 16 hours now
• 24 hours in 2016
• Medications – 0-15 residents (AB1570, SB911)
• 6 hours now
• 10 hours in 2016
• Medications – 0-15 residents (AB1570, SB911)
• 4 hours now
• 8 hours in 2016
RCFE
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• Employee safety• Injury and Illness Prevention• Handwashing• Back safety• Workplace violence• Bloodborne pathogens• Personal protective equipment• Disaster, emergency, and fire safety
DON’T FORGET OSHA
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Retaining Staff
Group Project!
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• Working in small groups prepare a 5 minute presentation on the three most effective strategies you have utilized to become a preferred employer in your local job market
PREFERRED EMPLOYERS
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TURNOVER, RETENTION, AND VACANCY
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Performance Management
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• 90 days
• Annually
• Important feedback tool
• Opportunity for pay increases
• Set measurable goals
PERFORMANCE REVIEWS
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Terminating Staff
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• Documentation is critical
• Performance reviews
• Opportunities for improvement
• Performance Improvement Plans (PIP)
• California is “At-Will” but still must maintain a paper trail
• Must provide final paycheck at termination
TERMINATING STAFF
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Wage and Hour Requirements
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• 8 hour shifts, 12 hour shifts or 24 hours shifts
• Staffing must be adequate to meet the needs of the resident population
• Utilization of shifts over 8 hours in a day will require payment of overtime wages.
• A staff person cannot be paid on an exempt basis in order to avoid overtime.
• Always refer to Wage Order 5 to guide your staffing decisions.
STAFFING PATTERNS
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CALIFORNIA OVERTIME REQUIREMENTS
Rate Applies To
Regular rate of pay
• Up to eight hours in any workday• Up to 40 hours in a workweek
1.5 x regular rate of pay
• All hours worked in excess of eight hours up to and including 12 hours in any workday, and
• The first eight hours worked on the seventh consecutive day of work in a workweek
2 x regular rate of pay
• All hours worked in excess of 12 hours in any workday, and
• All hours worked in excess of eight on the seventh consecutive day of work in a workweek.
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LIVE-IN FORMULA AS OF JULY 1, 2014
8 hours X $9.00 $72.00
1 hour meal break relieved of all duties, unpaid $0.00
8 hours of sleep, unpaid as long as staff is uninterrupted $0.00
4 hours X $9.00 X 1.5 times rate (overtime) $54.00
3 hours X $9.00 X 2 times rate (overtime) $54.00
TOTAL DAILY RATE $180.00 per day
TOTAL WEEKLY RATE (Daily Rate X 5 days) $900.00 per week
Less Meals, $12.21 (3 meals daily) X 5 days - $61.05
Less lodging - $37.63
TOTAL FOR 5 DAYS COVERAGE $801.32 per week
TOTAL MONTHLY COVERATE (4.2 X weekly total) $3,365.55 per month
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• Regulations only specify a ratio for night staff
• “Sufficient” staff
• Our business is 24/7/365
• Scheduling for weekends and holidays can be challenging
STAFFING PATTERNS AND RATIOS
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• 4-on/2-off staffing patterns
• Weekday/weekend staffing
• Live-in staff
• Holiday pay
• Shift differentials
STAFFING/SCHEDULING IDEAS
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Workers’ Compensation
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• California law requires employers to have workers' compensation insurance if they have even one employee
• An employer cannot ask employees to help pay the insurance premium
• You must post the “notice to employees” poster in a conspicuous place at the work site
WORKERS’ COMPENSATION INSURANCE
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• Provide a workers’ compensation claim form to them within one working day
• Return a copy of the completed form to the employee within one working day of receipt
• Forward the claim form, along with your report of occupational injury or illness, to the claims administrator within one working day of receipt
• Within one working day of receiving the employee’s claim, authorize up to $10,000 in appropriate medical treatment
• Provide transitional work (light duty) whenever appropriate
SICK OR HURT ON THE JOB
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Cost of claims, claims administration, and risk control are 91% of workers’ compensation costs
Source: Marsh USA
CONTROLLING WORKERS’ COMP COSTS
91%
9%
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• Involve everyone in workplace safety
• Safety committees
• Injury and Illness Prevention Programs
• Ongoing training
• Hazard communication
CONTROLLING WORKERS’ COMP COSTS
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• Employers are required to have an effective written Injury and Illness Prevention Program (IIPP)
• An effective IIPP improves the safety and health in your workplace
INJURY AND ILLNESS PREVENTION PROGRAMS
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Statement of management commitment and identification of responsible party
Hazard identification: The employer is required to identify any hazards that exist in the workplace, including a personal protective hazards assessment
Hazard correction and prevention: The employer must correct all existing hazards, and perform periodic walk-through of the facility to identify and correct any future hazards
System for reporting accidents, and investigation and correction of all accident situations
YOUR IIPP MUST INCLUDE
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Hazardous substance safety procedures
Fire prevention training (including fire extinguisher operation)
Emergency response and first aid procedures
General office safety plan
Medical waste disposal plan
Infection control and Bloodborne pathogens training
Personal Protective Equipment training
ONGOING TRAINING FOR ALL EMPLOYEES
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System for training employees on the proper use, labeling and storage of hazardous substances
System for notifying all employees of new hazardous materials brought into the workplace
“Globally Harmonized System”
Labels
Safety Data Sheets
HAZARD COMMUNICATION
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Identification of all biohazard wastes and appropriate disposal methods
Training for all employees on the differences between “biohazard waste” vs. “regulated medical waste” and the appropriate disposal methods of each
Systems for disposal of regulated medical waste, if your Community generates such
EPA registration number and waste manifests, if your Community generates hazardous medical waste
Approved sharps containers
MEDICAL WASTE DISPOSAL PLAN
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Appropriate action to be taken in the event of an emergency, fire, earthquake, explosion, or other disaster
Identification of evacuation procedures, emergency response personnel and locations of nearest hospital, fire stations or other emergency centers
Identification of personnel (if any) trained in CPR or emergency first aid procedures
Location of assembly points and evacuation checklists
Operation shut down procedures and responsible parties
EMERGENCY ACTION PLAN
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Location of all fire extinguishers in the facility
Appropriate training of all personnel in fire extinguisher handling and fire prevention
Location of nearest fire department and appropriate notification procedures, including responsible parties
Identification of specific fire hazards in your facility, if any
Site Plan sketch, identifying location of fire extinguisher and any specific hazards, as well as evacuation routes
FIRE PREVENTION PLAN
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Tuberculosis exposure control plan
Bloodborne Pathogens training, including offer of Hepatitis B vaccinations for all personnel with occupational exposure, or signed declination forms
Ergonomics training, with identification of potential problem areas, and corrective steps taken to eliminate or reduce repetitive motion injuries
SPECIALIZED TRAINING FOR HEALTHCARE FACILITIES
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Harassment and Bullying in the Workplace
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• Working in a “hostile environment” negatively affect productivity and decrease morale, it also can be extremely costly.
• California Assembly Bill 1825 requires that all supervisors are trained on sexual harassment every two years.
SEXUAL HARASSMENT TRAINING
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• The California Fair Employment and Housing Act:
• Verbal Harassment
• Physical Harassment
• Visual Harassment
• Sexual Favors
CALIFORNIA LAW
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Involves the use of epithets, derogatory comments or slurs including:
• Name-calling, belittling, or sexually explicit or degrading words used to describe someone
• Sexually explicit jokes
• Comments about an employee’s anatomy and/or attire
• Sexually oriented remarks or noises
• Questions about a person’s sexual practices
• Verbal abuse
• Graphic verbal commentaries about the body
VERBAL HARASSMENT
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• Touching, patting, pinching, grabbing, brushing against, or poking another employee’s body
• An initiation or hazing event that involves a sexual component
• Requiring an employee to wear sexually suggestive clothing
PHYSICAL HARASSMENT
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• Displaying sexual pictures, writings, or objects
• Obscene invitations or letters
• Unwanted notes or love letters
• Staring at an employee’s anatomy
• Leering
• Sexually oriented gestures
• Mooning
VISUAL HARASSMENT
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Quid pro quo
• A Latin phrase which means “this for that” and refers to sexual harassment undertaken by a high-ranking employee, such as a manager or supervisor.
• Typically this involves a person of power demanding sexual favors of the employee who would in turn receive employment benefits such as
raises or promotions.
TYPES OF SEXUAL HARASSMENT
Hostile work environment
• When an employee has to
deal with unwanted sexual
advances, or visual, verbal or
physical conduct that is of a
sexual nature.
• Subjectively and objectively
unwelcome and was severe
and pervasive as to alter the
victim’s employment or create
an intimidating or offensive
work environment.
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• AB 2053
• Beginning January 1, 2015
• Requires employers with 50 or more employees to include prevention of abusive conduct as a component of currently requirement harassment training
BULLYING (“ABUSIVE CONDUCT”)
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• Repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets
• Verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating
• The gratuitous sabotage or undermining of a person’s work performance
WHAT IS ABUSIVE CONDUCT?
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• Verbal
• Social
• Physical
• Work interference
TYPES OF BULLYING
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• If you are an employer, co-worker, manager or supervisor you may be held liable for acts of sexual harassment.
• If you are an employer, you can be held liable for the inappropriate conduct of your managers, supervisors, as well as your coworkers, vendors, customers, and visitors.
YOUR RESPONSIBILITIES
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• Co-workers
• Non-employees
• Staff provided by temporary employment agencies
• Independent contractors
• Other professional relationships
HARASSMENT LAWS ALSO APPLY TO…
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1. Display the required posters and notices.
2. Develop and implement a sexual harassment policy that contains an effective complaint process.
• Communicate zero tolerance for sexual harassment.
• Adopt a policy regarding employee relationships.
3. Train supervisors and other non-supervisory employees.
4. Investigate and resolve complaints in a timely manner.
PREVENTING HARASSMENT
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ANY QUESTIONS