COMPLIANCE 2012

1. COMPLIANCE 2012 Update on Stanford Policies, Laws Prologue to 2012 Compliance Survey

2. New/Revised Stanford Policies AGM 22.5 – Vacation (Reminder) AGM 22.1 – Hiring of Related Persons – Reverts to Previous AGM 22.8 – Resignation: Pay in Lieu of Notice

4. Vacations – AGM 22.5 • REMINDER: Effective January 1, 2012, maximum amount of vacation that can be accrued is 30 days (240 hours). • Employee who is at or over the maximum amount does not accrueadditional vacation time until vacation time is used and the balance falls below the maximum.

5. No change for Union employees • Maximum accrual for bargaining unit members has not changed. • Workers with up to 10 years of University seniority may accumulate up to a maximum of 45 working days. Workers with 10 or more years of University seniority may accumulate up to 60 days of accrued vacation.

6. Hiring of Related Persons – AGM 22.1 • Hiring of Related Persons in any position within an organizational unit can occur only with the approval of the responsible Vice Provost, Vice President, Director or his/her designee. • Supervisor may not approve any compensation action for any employee to whom the supervisor is related. • An individual may not supervise, evaluate the job performance, or approve compensation for any individual with whom the supervisor has a consensual sexual or romantic relationship, and must disclose any such relationship in compliance with section 6.a in Guide Memo 23.2 (Sexual Harassment and Consensual Sexual or Romantic Relationships). • Even when these criteria are met, employment of a related person in any position within the organization must have the approval of the local human resources office.

7. Hiring of Related Persons cont. • For purposes of this policy, all domestic partners are considered related. • Related person” refers to a family member or an individual related to an employee by birth or marriage, or with whom the employee has a sexual or romantic relationship.

8. Resignation -- Pay in Lieu of Notice (AGM 22.8) • At supervisor’s discretion, with approval from HRG, the employee’s resignation date may be advanced to an earlier date and pay in lieu of notice given for the remainder of the expected notice period (two weeks for non-exempt employees; four weeks for exempt employees). • Pay in lieu of notice is not to exceed 4 weeks regardless of how far in advance the employee announces a resignation date.

9. New California Laws HOT OFF THE PRESS: October 9, 2011, California Governor Jerry Brown signed into law a number of labor and employment-related bills passed by the California state legislature during the first half of the 2011-2012 session. These new laws take effect January 1, 2012.

11. Genetic Information (SB 559) • “Genetic information" added to the list of prohibited bases for discrimination under the Unruh Civil Rights Act and the Fair Employment and Housing Act (FEHA). • Duplicates and broadens the existing federal prohibition contained in the Genetic Information Non-Discrimination Act (GINA), since California state law applies to employers who have five or more employees. (Federal law applies only to employers who have 15 or more employees.)

12. Genetic Information (cont.) Government Code § 12940 will read: It is an unlawful employment practice . . . [f]or an employer, because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, or sexual orientation of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.

14. Unlawful Interference (AB 592) • Amends California Family Rights Act (CFRA) and the Pregnancy Disability Leave Law (PDL) to make it unlawful for an Employer to “interfere with, restrain, or deny the exercise of, or the attempt to exercise” rights under these laws. • Similar prohibition is already contained in the federal Family Medical Leave Act (FMLA).

15. Interference (cont.) – a reminder • CFRA protects an employee’s right to take up to 12 work weeks of unpaid leave to bond with a new child, care for a parent, spouse, or child who has a serious health condition, or because the employee her/himself is suffering from a serious health condition • PDLA protects a female employee’s right to take up to 4 months of leave due to pregnancy, childbirth, or related medical conditions; and to be granted reasonable accommodations if requested for pregnancy, childbirth, or related medical conditions

16. Health Coverage (SB299) • Prohibits an employer from refusing to maintain and pay forhealth insurance coverage under a group health plan for an employee who takes leave for pregnancy, childbirth, or a related medical condition for a reasonable time of up to four months. • Employers can recover the cost of the insurance premiums paid if the employee fails to returnto work for reasons within the employee's control.

18. Gender Identity (AB 887) • Refines the definitions of the words "sex“ and "gender“ as they apply in several anti-discrimination laws, including the FEHA. • These terms, as newly defined, encompass a person's gender identity and whether gender-related appearance and behavior stereotypically correspond with his or her sex at birth.

19. Gender Identity cont. New definition: “Sex” includes, but is not limited to, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. “Sex” also includes, but is not limited to, a person’s gender. “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.

21. Credit Reports (AB22) TODAY:Employer may request a report detailing the credit history of an employee or applicant, provided that the individual in question is given prior written notice. STARTING January 1, 2012: use of credit reports in employment decisions is forbidden unless the job in question falls within identified categories, such as the following: • a managerial position; • a law enforcement officer; • the position is one for which a credit report screening is required by law; • a position that requires regular access to confidential information; • a position in which the employee will be entitled to enter into financial transactions on the company's behalf; and • a position that involves regular access to cash totaling $10,000 or more.

23. Independent Contractor (SB459) • Prohibits "willful misclassification"of independent contractors. • Authorizes the Labor and Workforce Development Agency (LWDA) to assess severe civil penalties against employers who do so. • Monetary penalties can range from $5,000 to $25,000 for each violation, depending on whether the LWDA finds that the company engaged in a pattern or practice of misclassification.

24. Independent Contractor cont. “Willful misclassification” is defined as “avoiding employee status for an individual by voluntarily and knowingly misclassifying that individual as an independent contractor.”

25. Independent Contractor cont. Posting penaltyfor willful misclassification -- for one year following the final decision, the employer must post on its website (or in an area available to employees and customers) a notice stating that: • LWDA has found that the employer committed a violation of the law by engaging in the willful misclassification of employees; • the company has changed its practice to avoid committing further violations; • any employee who believes that he or she is misclassified may contact the LWDA (along with the LWDA's contact information); • the notice is being made pursuant to state order; and, • the signature of an officer or owner of the company.

26. Independent Contractor cont. • Same penaltiesapply if the employer charges fees to a misclassified independent contractor where those fees would have been unlawful had the individual been properly classified. • Those fees could include such things as space rental, material costs, license fees, and equipment rental. • New law imposes joint and several liability on consultants who advise an employer to classify an employee incorrectly, although this does not apply to in house advisors or attorneys.

28. “Wage Theft Prevention” (AB469) • Increases penalties • Increases recordkeeping requirements • Unless reflected on pay stub, requires notice to employees at time of hire and w/i 7 days of any change including: • Rate and basis for pay(e.g. hour, shift, day, etc.) and rates for overtime • Allowances claimedas part of minimum wage (e.g. meals, lodging) • Regular pay day • Name, address, telephone number of employer • Name of employer’s workers’ compensation insurance carrier

29. Interesting Cases & Settlements DFEH v. Acme Electric (Wideman), FEHC Dec. No. 11-08 • Employer granted employee with kidney and prostate cancer time off for surgeries and outpatient appointments, but refused to acknowledge or grant his requests for accommodation of travel limitations caused by the cancer. • Instead, the Company gave the employee an unfavorable review (citing insufficient travel) and fired him.

30. Cancer Discrimination cont. • Largest ever administrative award granted: $846,300 for • Failure to accommodate • Failure to engage in the interactive process • Discrimination because of disability • Failure to take all reasonable steps necessary to prevent discrimination from occurring • Posting, policy changes, and training also required

31. Disability Discrimination DFEH v. Air Canada, FEHC Dec. No. 11-7-P • Company ignored its own accommodations and leave policies, failed to provide customer service agent with accommodations, and ignored her attempts to communicate with the company concerning her return to work • Company ordered to reinstate her to the same or a comparable position and to pay more than $327,000 in back and front pay, lost benefits, interest, emotional distress damages, and to

32. Sexual Orientation Harassment DFEH v. Limited Brands Store Operations • Co-manager at Bath & Body Works alleged that his manager harassed him and caused him to quit by • Making daily slurs about his sexual orientation • Drawing and hanging pictures of male genitals in the store’s back room • Telling co-workers that he liked to kiss boys • Falsely claiming that the employee’s attitude was affecting the work environment • $70,000 settlement

33. COMPLIANCE SKITS

34. Issues, Discussion, Questions • I-9s • Alternative work schedule • Confidentiality • Travel Time • Rest/meal breaks • Job requisition variations • Reference checks • Telecommute agreements • Etc. Etc. Etc.

35. Scenario 3 Issues

36. SATURDAY How much of this charge is appropriate?

37. SUNDAY How much of this charge is appropriate?

38. MONDAY How much of this charge is appropriate?

39. TUESDAY How much of this charge is appropriate?

40. WEDNESDAY How much of this charge is appropriate?

41. THURSDAY How much of this charge is appropriate?