FAQ

How do I know my HR policies are in compliance with the new employment law revisions?

TruHR will conduct a comprehensive human resource audit to help identify and clarify needs in the human resource area as well as determine where you stand in this ever-changing world of employment law. The HR audit will help give you peace of mind about your employment practices.

Do I need an employee handbook?

The law doesn’t require employers to have an employee handbook, but having one manages risk by proving that you’ve told employees what is and is not acceptable behavior. Most companies might download a template, re-purpose one they’ve used at a previous company, ask a friend for theirs, or use whatever boilerplate version their PEO provides. In general, it gets the job done, but there’s still some risk because many of these templates are wrong, do not comply with state law or are out of date, and do not set the tone for your company culture.

The goal of the employee handbook should be to capture the company’s culture as well as a compilation of the policies and procedures of the company. Done correctly, an employee handbook is a foundational component of your business – providing value to both the employer and employee. The handbook should be a useful reference document for both employees and managers.

Whether your handbook is out-of-date, incomplete, yet-to-be-written, or just hard to understand – we can help you.

What if I have some employee relations issues?

There are many types of employee relations issues ranging from basic employee counseling, coaching, conflict resolution or resolving complaints. The range of potential issues is endless. TruHR can provide expert advice for any employment situation. We’ll be there to walk you through those sticky employment issues.

How can I be sure my employees are classified properly?

Most employers believe that so long as an employee is paid a salary, they are exempt from the requirement to pay overtime wages. This is not correct. Income or salary alone does not determine exempt status, and salaried employees are not automatically exempted from overtime compensation. Job titles do not designate an employee as exempt or non-exempt.

Employers need to periodically review the “exempt” and “non-exempt” classification of their employees under the Fair Labor Standards Act (FLSA) and California wage and hour laws to determine whether they are correctly paid.

TruHR can conduct an in-depth job analysis and provide feedback regarding the appropriate classification according to the Fair Labor Standards Act.

What do I do if an employee says they are being harassed at work?

If an employee complains of harassment, there is a legal requirement for employers to thoroughly and promptly investigate to determine if illegal harassment is taking place, and to take appropriate action. The result of the complaint investigation is what determines what appropriate action, if any, should be taken. TruHR’s legal experts are experienced in conducting fair investigations that get to the truth. We will determine the facts from the information provided to us, give a report of the findings, and if desired we will provide guidance and advice on appropriate actions to take.

Are we required to provide Sexual Harassment Prevention Training?

California’s harassment prevention training law mandates training for California employers. California legislation also requires additional abusive conduct training obligations for managers. The basic provisions of California’s harassment prevention training law state that companies with 5 or more employees must provide one hour of sexual harassment prevention training to nonsupervisory employees and two hours of such training to supervisors. New hires and employees promoted to supervisory positions must be trained within six months of their assumption of a supervisory position, and thereafter, every two years.

A program to eliminate harassment from the workplace is not only required by law, but it is the most practical way to avoid or limit damages if harassment should occur despite preventative efforts. Plaintiffs will argue that the failure to provide the mandated harassment prevention training is evidence of an employer’s failure to take all reasonable steps to prevent harassment from occurring in the workplace.

TruHR has developed a fun and interactive training that is presented in a game show format. Questions are based on case law and hypothetical case scenarios that provide the opportunity for group discussion.

Participants will learn the different types of harassment, what their liability could be in a harassment charge, the company liability, what to do if they receive a complaint, and what to do if they feel harassed.

People learn when they are involved in the training process and bringing laughter to a program on such an important topic helps to engage otherwise disinterested employees, and also demonstrates one of the key learning points – you can have fun at work without degrading others!

How do I respond to a demand letter from a current or former employee?

Never ignore a demand letter. TruHR can be your first level of defense when responding to a prelitigation demand letter from a plaintiff’s attorney representing a current or former employee regarding employment-related claims. Often, the situation can be rectified without facing a lawsuit.

How do I properly terminate an employee?

Terminating an employee, or more accurately – properly terminating an employee can save you from costly wrongful termination lawsuits. There are numerous laws on the local, state and federal level you must abide by before you can let someone go. You don’t want to fire someone only to get hit with a wrongful termination lawsuit in the future. This is why it is imperative that you take the proper precautions when terminating an employee.
Let TruHR guide you through the termination process to mitigate the risk of a wrongful termination lawsuit.