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Keeping Up With Stanford Policy and the Law

Keeping Up With Stanford Policy and the Law. Stanford Policy Changes 2013. Telecommuting (AGM 2.1.21) Clarifies university policy permitting telecommuting for eligible employees at the discretion of their departments/supervisors Distinguishes between regular and occasional telecommuting

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Keeping Up With Stanford Policy and the Law

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  1. Keeping Up With Stanford Policy and the Law

  2. Stanford Policy Changes 2013 Telecommuting (AGM 2.1.21) • Clarifies university policy permitting telecommuting for eligible employees at the discretion of their departments/supervisors • Distinguishes between regular and occasional telecommuting • Provides guidance re eligibility (nature of the job performed, need to be accessible during work hours, etc.) • Requires a telecommute agreement for regular telecommuting arrangements • NO CHANGE to SoM procedures/expectations • For telecommute situations WORK WITH ER to evaluate whether telecommuting is appropriate and develop agreement

  3. Stanford Policy Changes 2013 Family Temporary Disability (AGM 2.3.5) • Specifies that family members covered under FTD are parent, child, spouse or domestic partner • BUT STAY TUNED – law is changing in 2014 to include • Grandparents • Grandchildren • Siblings • Parents-in-law

  4. Stanford Policy Changes 2013 Records for Exempt Employees (AGM 2.1.5) • Clarifies that sick time may be taken “in any increment”

  5. Stanford Policy Changes 2013 Vacation (AGM 2.1.6) • Clarifies that AGM 2.1.6 does not apply to Clinician Educators in the School of Medicine • This is not a change in policy

  6. Stanford Policy Changes 2013 Financial Irregularities(AGM 3.5.1) • Expands definition of “financial irregularities” to specify bribery, kickbacks, and financial conflicts of interest in addition to embezzlement, theft, fraud • Updates procedures to follow when financial irregularities are suspected or discovered • This is not a change in policy

  7. New California Laws for 2014 Minimum Wage • Currently $8/hour • $9/hour effective July 1, 2014 • $10/hour effective January 1, 2016

  8. New California Laws for 2014 Paid family leave (now covers leave to bond with a newborn baby, adopted or foster child or to care for a seriously ill parent, child, spouse or registered domestic partner) Definition of family expanded to include seriously ill • Grandparents • Grandchildren • Siblings • Parents-in-law

  9. New California Laws for 2014 Protection against retaliation against crime victims: employers may not retaliate against and must provide a reasonable safety accommodation for employees who are victims of • Domestic violence • Stalking • Sexual harassment

  10. New California Laws for 2014 “Ban the Box” (state and local agencies only) • State and local government agencies may not ask job applicants about criminal convictions UNTIL • Agency has determined that applicant meets minimum qualifications for the job • EXCEPT jobs requiring a criminal background check by law

  11. New California Laws for 2014 Sexual Harassment • Does not require harasser to be motivated by sexual desire • Already the case law – now will be codified

  12. New California Laws for 2014 Attorneys’ Fees for Employers who prevail in wage-claim suits • Currently an imbalance – in some cases employer can get fees; in others not • New law provides attorneys’ fees for prevailing employer in wage-claim cases ONLY IF court finds that the employee filed the claim in bad faith

  13. New California Laws for 2014 Immigration-related threats prohibited • Employers may not retaliate against employees who assert protected rights by engaging in immigration-related threats • (Asking for I-9 verification is not an immigration-related threat . . .)

  14. What Happened in 2013? Mandatory reporters • Took effect January 1, 2013 • Expands definition of those required to report reasonable suspicion of child abuse/neglect to include employees who come into regular contact with minors in the course of their Stanford duties or supervise those who do • Requires acknowledgement form • Requires disclosure to those employees of applicable Penal Code provisions • Stanford implementation in progress

  15. What Happened in 2013? Social Media (e.g. Facebook, LinkedIn, Twitter, etc .) • Employers prohibited from requiring or requesting job applicantsto disclose information regarding their personal social media accounts including: • User name, password • Asking the applicant to access the account in the presence of the employer • Asking the applicant to divulge personal social media

  16. What Happened in 2013? Social Media cont. • Same restrictions apply to current employees • EXCEPTIONS: investigations of employee misconduct/violation of law used solely for that purpose, information necessary to access employer-issued electronic devices

  17. What Happened in 2013? Social Media – OK or not for employer with respect to employee/applicant/potential applicant • Send a Facebook friend request • Send a LinkedIn connection request • Accept a Facebook friend request • Read a public blog • Becomes a Twitter follower • Ask to see vacation photos

  18. What Happened in 2013? New Pregnancy Disability Regulations (took effect December 30, 2012) expanded definition of “condition related to pregnancy, childbirth, or a related medical condition” to include • Lactation • Severe morning sickness • Pre-natal care • Post-natal care • Bed rest • Gestational Diabetes • Pregnancy-induced hypertension • Preeclampsia • Post-partum depression • Childbirth • Loss or end of pregnancy • Recovery from childbirth, loss, or end of pregnancy

  19. What Happened in 2013? New Pregnancy Disability Regulations • Reasonable accommodation required if “medically advisable” • Requires good-faith interactive process • Reasonable accommodations can include • Modifications of job duties, work practices, schedules, policies • More frequent breaks • Providing furniture (chairs, stools, etc.) • Modifying equipment or devices • Lactation breaks

  20. What Happened in 2013? New Pregnancy Disability Regulations • After PDL, employee must be reinstated to the same positionUNLESS employee would not have been employed in that position for legitimate business reasons (e.g., layoff) • If position is eliminated, employer required to provide notice of available comparable positions for which the employee is qualified within 60 calendar days of scheduled reinstatement • Notice can be in person, by letter, e-mail, telephone, or links to postings on company website • Just giving the employee the option of searching for comparable jobs is not enough

  21. What Happened in 2013? Lunch Breaks (Brinker Restaurant Corp. v. Superior Court) • Employer must provide meal breaks BUT are not required to make sure employees take the break • Break required no later than the end of the employee’s 5th hour of work • Second meal break required only if employee’s work shift will exceed 10 hours BEST ADVICE: Provide meal breaks and do not permit employee’s to work during the meal break period

  22. What Happened in 2013? Personnel Files • Employees/former employees may inspect and receive a copy of their personnel files re the employee’s performance or any grievance concerning the employee • Contents to be made available not later than 30 calendar days from the date of the employee’s written request (can agree in writing to extend the time frame)

  23. What Happened in 2013? Personnel Files cont. • Some documents exempted from being disclosed (e.g., letters of reference, investigations of possible criminal offenses) • Employer not required to comply with more than one request/year by former employee • Records must be retained for not less that 3 years after termination (NOTE: Stanford policy is 8 years)

  24. What Happened in 2013 • Fair Employment and Housing Commission eliminated • Administrative adjudication of FEHA claims eliminated • DFEH authorized to bring civil actions directly to court if it determines that an employer has failed to eliminate an unlawful employment practice; sues on its own behalf and on behalf of the person claiming to be aggrieved; can collect attorneys’ fees and costs • DFEH can require all parties to participate in mandatory dispute resolution prior to filing an action

  25. Other changes • HSSC Program has been dissolved • No longer administered/coordinated by Spectrum/HRG • Health screening operations for clinical research employees has transitioned to the Stanford Occupational Health Center (EH&S) • Hospital Resources Compliance issuing non-Hospital-employee training requirements

  26. Other changes • HIPAA/Medical Privacy • Not really a change, but CONTINUED VIGILANCE CRITICAL • REMINDERS: • We are required to safeguard personally identifiable protected health information (PHI) • Those who work with PHI and other sensitive/confidential data MUST comply with Stanford/SoM policies re attestations, encryption, training, etc. for ALL devices used to access that data

  27. Questions? Answers? Trends? Real Situations??

  28. Time and Leave • Employees are EXEMPT or NON-EXEMPT • Exempt-- What are they Exempt from? • Overtime provisions of Federal and State law • (And some other requirements – e.g., timekeeping, rest breaks, meal breaks) • Non-Exempt– Specific rules apply that we must follow

  29. Overtime • California law requires daily overtime pay when employee works >8 hours/day (federal is weekly overtime only) • California and federal law require weekly overtime pay when employee works >40 hours/week • Overtime is also required for the 7th consecutive day of work in a work week

  30. Overtime cont. • Overtime = 1.5x pay for hours 8-12; 2x pay for hours over 12 in one work day • Overtime = 1.5x pay for hours 1-8 on 7th workday in one work week and 2x pay for hours over 8 • Employer is not required to “pyramid” overtime premiums • Stanford requires overtime to be approved in advance – AGM 2.1.5 (but overtime has to be paid even if not pre-approved)

  31. Make Up Time • EMPLOYEE (not employer) for personal reasons can ask to shift work hours from one day to another during the same work week – employer must approve the request • No overtime payment required for the “make up” hours if they do not exceed 11 hours of work in one day (or 40 in one week) • Request must be in writing signed by the employee; can be for up to 4 weeks in advance if situation is recurring • AGM 2.1.5

  32. What Can Go Wrong? • Labor Commissioner claim for unpaid wages • Penalties • Plus morale issues, equity issues, recordkeeping problems, etc.

  33. I-9 Reminder • Please verify eligibility for employment for all new employees within 3 days of hire. • There are significant consequences for not completing the I-9 correctly or within the required timelines. • Report as of 9/5/13 – SOM had 45 that were not compliant who have been on the list for more than 2 weeks or greater.

  34. Background Checks • Promotes, provides and ensures safe and secure environment. • Verifies accuracy of Information provided by finalist. • Currently required for new hires for: • Exempt, non exempt and bargaining unit regular, non-academic staff (who are not returning employees within the bridging period) • Temporary/casual staff (who are not returning within 1 year • Must have successful completion before starting work

  35. Background Checks (continued) • Expansion Effective 2/1/14 • Includes for SoM: • Research Associates • Librarians • Instructors • Lecturers/Sr. Lecturers • Consulting Asst., Assoc., Full Professors • Temp/Casuals converting to benefitted positions who haven’t had background check before • Excludes: • Clinician Educators • Faculty • Stanford Students • Stanford Post Docs • Anyone under 18

  36. Data Security @ School of Medicine • Data Security is critically important – safeguarding the security and privacy of the data entrusted to the School • Data Security is the personal responsibility of each SoM member • There are consequences for non-compliance • Blocked access to Stanford sites • Disciplinary action

  37. Data Security Policy • All individuals in the School of Medicine must complete a data security attestation. • All laptops and desktops used for School business must – • Have BigFix security management tool installed • If used to access PHI or Protected/Restricted Data, be backed up in Crashplan and encrypted • If shared or used by multiple users, be backed up and encrypted • If used by a Stanford employee, be encrypted (compliance deadline TBD) • All tablets and mobile devices used for Stanford work must be enrolled in MDM

  38. Data Security Policy • All newly purchased computers be encrypted with Stanford’s Whole Disk Encryption (SWDE) – Bitlocker for Windows and Filevault for Macintosh. • All systems running Windows XP upgraded or replaced by April 8, 2014 • All individuals who terminate their affiliation with Stanford (or your unit) – • Turn in their Stanford-owned devices • Remove PHI or Protected/Restricted Data from their Stanford work from personally-owned devices

  39. Key Steps to Data Security Compliance • Onboarding – all new hires/affiliates have 7 days to complete Data and Device Attestation • Send new affiliates their EmplID to set up their SUNet ID promptly • Enter email address into PeopleSoft so reflected in department reports • Send email or include in onboarding materials a reminder to new hires/affiliates to complete the Data & Device Attestation • Follow up with non-compliant individuals • Remind individuals to keep Attestation data up-to-date when adding or removing devices and access to PHI and Restricted/Prohibited Data • Emphasize each individual’s personal responsibility to comply with data security policies • Exit Processes for Terminations/Graduates/Departures • Collect all Stanford owned devices • Ensure all PHI and Restricted/Prohibited data from Stanford work removed from personal devices

  40. PM@Stanford Goals • Create a culture of excellence • Ongoing conversation, not once-a-year event • Employee development drives performance • Feedback, fairness and transparency • Quality of coaching and recognition

  41. Pilot Survey Results

  42. PM@S Training

  43. PM@S Future Plans • Phase out the paper form and Simple Evals • Currently there are 180 participants • Next year looking to scale in 500 more employees • Over the next 5 years University HR expects all employees to be a part of this program • System will be linked to Taleo Recruitment Manager, Nolij and PeopleSoft

  44. Efiles A collaboration between School of Medicine, Business Affairs/UHR, and Land, Buildings & Real Estate to: • Define an image-based Employee (Personnel) filing structure

  45. Why Nolij? • It is the leading provider of document imaging and workflow solutions • Other Stanford entities had already successfully deployed Nolij for image solutions

  46. Why scan? • Cost per cabinet is almost $700 • Aligns with SoM goal of being “lean” • Forces us to comply with Admin Guide 2.1.3 “Personnel Files and Data” • Sustainability • Systems support is at not cost • Saves on cost of paper • Saves on storage space • Saves time in the long run • Security

  47. Process – How to Get Started • Provide name, sunet id and org code(s) • Access granted within 2 days via Authority Manager • One-on-one session with Debbie Watt • Job aid and other materials provided • Efiles team audits first 10 files to ensure accuracy

  48. Future plans: • Roll out in January for entire school • Will hold 2-3 meetings • All current employee files will need to be scanned by December 2015 • If access is required sooner contact Debbie Watt, Irene Castillo or Rovina Suri in HRG • Will work closely with the Depts. as they come on board to provide support

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