2018 Advantex Staffing Guide
WINNING THE GAME OF COMPLIANCE 2018
Southern California STAFFING GUIDE Advantex
Welcome From The President. ....... 2 Top 5 Issues Facing Employers. ..... 3 The Multigenerational Workforce... 7 Joint Employment Liability............. 8 2018 SALARY GUIDE About the Salary Guide................. 9 Finance....................................... 10 Information Technology............... 11 Top 10 IT Certifications................. 12 About Advantex........................... 13
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Welcome... A lot has changed since our parent company, Kimco Staffing, opened its doors in 1986. Technology, demographic shifts, economic
fluctuations, and environmental and political factors have all had a direct impact on California businesses. And, of course, one area that is particularly challenging: legislative issues. Keeping up with the seemingly unending changes in labor regulations requires expertise and dedication. Without it, your business could be vulnerable to lawsuits, fines, and a damaged reputation. At Advantex, our goal is to educate and protect you. As such, the focus of this year’s Staffing Guide is “Winning the Game of Compliance.”
We are pleased to have Fisher Phillips, leading labor and employment attorneys, contribute to the Staffing Guide. They authored the article “Top Five Issues Facing Employers and Pitfalls to Avoid.” They tackle several topics from meal and rest period compliance to paystub issues and medical leave. We have also included information on hiring trends for consultants and joint employment liability. The salary guide features compensation information for multiple positions in Southern California. This data is based on several sources, including CareerBuilder’s compensation reports and our database of more than 16,000 working employees in the California market. No matter what changes come our way, our commitment is two-fold: to provide you with top talent that will help your business flourish, and to educate and protect you against legal liability. We look forward to partnering with you for many prosperous years to come.
Lisa Pierson President Advantex Professional Services
Top 5 Issues Facing Employers & Pitfalls to Avoid
schedule. This list is not exhaustive, and the key is consulting early and often with counsel to be best-suited to navigate this hot topic in employment law. Taking preemptory steps now will more than justify the potential cost avoidance in the future.
Meal and Rest Period Compliance – Can I Get a Break?
A significant number of Labor Commissioner claims and lawsuits involve meal and rest period compliance. Almost every year, a California court case clarifies or expands this area of law, and what used to be a simple concept now has multiple areas for employers to unwittingly become the target of a claim or suit.
Ashton Riley, Attorney at Law, Fisher Phillips
Employee v. Independent Contractor – What to Do ?
Every employer has considered whether it should classify its workers as employees or independent contractors. Misclassifying employees in the wrong category can have far-reaching effects. Failing to properly classify workers subjects an employer to civil penalties, class actions, fines, and assessment of back taxes, among other consequences. The threat of these outcomes is a real consideration given that the Department of Labor has stepped up its enforcement efforts in the last several years. While no one factor is decisive, and tests differ across state and federal agencies, the first place an employer can start is to look at who controls the manner and means of the work performed—is it the company or the worker? If the company
sets schedules; determines the location of the work; provides tools, equipment, or supplies; is the only entity for which the worker performs work; or similar examples of control; the worker is more likely to be classified as an employee. On the other hand, indicators of an independent contractor include having an established business; the worker advertising their services; providing services concurrently for multiple businesses; and determining one’s
Briefly, employees in California are entitled to one uninterrupted 30-minute off-duty meal period if they are working more than five hours, and a second meal period if they work more than 10 hours on any workday. The start and stop times of these periods must be recorded. If meal periods are not provided in compliance with the law, employers must pay an additional premium of one hour’s pay. Favorably for employers, the California Supreme Court has clarified that employers do not have to “police” employees to ensure they do not perform work while on their meal period, but at the very least, employers cannot interfere with an employee’s right to a duty-free meal period. Similarly, employers must provide a true “break” in providing rest periods required by California law. Employees are entitled to a rest period of at least 10 minutes “net rest” for every four hours of work or major fraction thereof. This rest period should be allowed to be taken as near as practical in the middle of the work period. It need not be recorded but must be compensated (and in instances of piece-rate or commissioned employees, separately). While rest periods don’t need to be recorded, disputes as to whether a break was “permitted” often become a “he said, she said” situation. It is recommended that periodic signed acknowledgments of the employer’s policies be obtained from employees as well as acknowledgments confirming that breaks have been provided. This area of law can be highly technical, and with larger workforces, the consequences can grow exponentially. To avoid a potential claim or lawsuit, audits completed at least annually are a great choice.
Paystubs – I Can Get Sued forWhat?
Another highly technical area of law is wage statement or paystub compliance. At first glance, penalties for a non-compliant paystub may not seem to break the bank: $50 for the initial violation and $100 per employee for each subsequent violation, up to a maximum of $4,000 per employee. However, imagine a penalty for every paycheck issued to every employee in the last four years—only because the zip code is missing from your company’s address. Add to the equation attorneys’ fees and costs, and you can understand how a mistake can cost six figures or more. In the last few years in California, paystub claims have seen an increased focus from plaintiff’s attorneys with entire law firms devoted exclusively to the issue. The majority of these claims come in the form of class action lawsuits, which unfortunately can be costly to defend.
What employers need to know are the strict requirements of the California Labor Code. Specifically, that Labor Code section 226(a) requires employers to furnish employees with “an accurate itemized statement in writing,” that includes the following categories of information: (1) gross wages earned; (2) total hours worked, except for exempt employees who are paid on a salary basis; (3) the number of piece-rate units earned and the applicable piece rate, if the employee is paid on a piece-rate basis; (4) all deductions; (5) net wages earned; (6) the inclusive dates of the period for which the employee is paid (not just the ending date); (7) the employee’s name and identification number, or the last four digits of the employee’s Social Security number (no more than four); (8) the name and address of the legal entity that is the employer; and (9) all applicable hourly rates in effect during the pay period and the corresponding number of hours worked at each rate by the employee. California’s recent Paid Sick Leave Law also requires employers to provide employees with their available amount of paid sick leave either on the paystub or in a separate writing at the time the wages are paid. Thankfully, California provides employers a “right to cure” for two common paystub violations: (1) failure to include the inclusive dates of the pay period; and (2) failure to include the full name and legal address of the employer. Employers must cure these violations within 33 days upon receiving notice of a violation. But as discussed, these are only a small portion of paystub compliance. Employers have an easy choice: review their paystubs for compliance and cure if available, or run the risk of a claim or suit.
Employers that have dealt with, or are facing, claims for unpaid overtime should know that if an employee can show the employer had actual or constructive knowledge that the employee was performing work, overtime may be owed, despite the employee never requesting payment. For employers, there are a few practices that can help minimize the potential for these types of claims. The first, as is usually the case, is prevention. In other words, it is essential to have a policy in place informing employees that they cannot engage in off-the-clock work. Ideally, this policy will address sending emails, taking calls, or similar activities which an employee may perform remotely. The second practice is to provide training to managers or those responsible for non-exempt employees and their work hours. For example, if an employee has clocked out for the day, their manager should refrain from contacting the employee unless it is an immediate business necessity to do so. Simply put, if a matter can wait, it should. Or if a manager has a practice of sending after-hours reminders to employees or action items for
Don’t Answer That Phone! – Limits on Employee Use of Cell Phones After Hours
It is easy for employers to tell employees that when they are not clocked in, they cannot work. Employees are happy to comply. But the increasing use of cell phones, tablets, and devices for work purposes and the convenience of having work emails on employee smartphones create a unique predicament—how to prevent employees from engaging in work after hours? The short answer: it’s complicated.
the following day, they should put a gentle reminder that no work needs to be done immediately, while the employee is not on-the-clock.
Finally, if an employer becomes aware of off-the-clock work, it should be addressed immediately. If a non-exempt employee is sending emails or texts when they are not supposed to be working, management must be vigilant to inform the employee that although they appreciate the employee’s initiative, work must be performed only when the employee is clocked in or otherwise authorized to conduct work (in instances where the employee does not use an actual time clock).
Medical-Related Leave – Prescription to Avoid Liability
There is likely no more complicated area of law than employee leave. In California, there are more than 10 different types of leave between California and federal law. There are entire legal treatises published on leave. One type of leave, medical leave, implicates several areas of law: the Family Medical Leave Act, or “FMLA” (federal); California Family Rights Act, or “CFRA”; the Americans with Disabilities Act, or “ADA” (federal); and the Fair Employment and Housing Act, or “FEHA” (California). Here is a common scenario: an employee has an injury that requires them to be out for an extended period for a surgery plus recovery time. The employee exhausts their job-protected leave under the FMLA and CFRA. The employee needs additional time to recover, but the employer needs someone to fill the position. Briefly, and generally, the ADA and FEHA require an employer to provide a “reasonable accommodation” for an employee’s disability unless when to do so would cause an “undue hardship.” There is federal and California case law interpreting these terms and a common question arises: how long is a leave of absence before it becomes an “undue hardship?” Does an employer have to keep a job open indefinitely? Can an employer terminate the employee after a 30-day leave of absence? Again, the short answer: it depends. There is no clear answer, and state and federal authorities have been consistent in one way: each instance should be treated on a case-by-case basis. A standard policy of giving one 30-day leave of absence, for example, may not be an undue hardship, or may not be considered a reasonable accommodation.
J O K E R
As with most legal complexities, and as this article shows, competent counsel can be a necessity for liability avoidance and prevention.
Maximizing a Multigenerational Workforce Today’s workplace is considered one of the most diverse with respect to age: 20-something new hires may find themselves working side-by- side with colleagues two or three times their age. The three generations—Millennials (1983-1999), Gen Xers (1965- 1982) and Baby Boomers (1946-1964)—come to work with different expectations, assumptions, priorities, and approaches since each generation was shaped by unique life events. Additionally, the work world has changed dramatically over the past several decades. So it should come as no surprise that the various generations view work and career differently. If you ignore these differences, they can grow into sources of misunderstanding and conflict. Embrace them and they can create a tremendous opportunity for collaboration and synergy, giving your organization a competitive edge. While you want to manage generational strengths; it is important to move beyond stereotypes and remember that most employees identify with more than one generation. There are some truths attached to each generation, but be sure to recognize your employees as individuals. Creating Reverse Mentoring Programs: Align Boomers with Gen Xers and Millennials to create relationships among generations. According to a survey by PGi, 71% of Millennials want their co-workers to be a second family and 75% want a mentor and deem it crucial for success. In the same survey, 70% of Boomers said they are open to reverse mentoring, realizing they may have something to learn from the younger generations. ExperimentingWith Mixed-Age Teams: Don’t assume a particular generation may or may not be interested in a project or activity based on their generational group. For example, you may have a project centered on social media. Rather than place all of your digital natives on a working team, create a diverse group that can share varying perspectives about technology, the business problem you are trying to solve, and the audience you wish to reach. With a
mixed team, everyone will learn something new and think differently, ultimately helping your business develop a stronger solution. Offering Incentive Plans That Reflect Your Employees’Needs: Many Gen Xers and older Millennials are juggling career and family, so flextime or the ability to telecommute might be the best gift you can give. Boomers might want to work part-time as they dip their toes into the retirement pool, so they, too, might appreciate the flexibility. For employees eager to make some leaps up the ladder, consider an investment in elite training programs, or a stretch assignment working with senior leadership. Ask your people what incentives they care about rather than make assumptions based on age groups or life situations. Gathering Feedback To Get A Pulse On Engagement: Use formal surveys and performance reviews, as well as informal meetings to assess engagement and satisfaction levels. Collect age information to be able to measure the relationship between age and engagement (use five-year increments). A Likert Scale (e.g., strongly disagree to strongly agree) and open-ended questions can help you determine the intensity of your employees’ feelings and provide insight into why they feel the way they do. Be transparent and let employees know why you’re conducting the survey and share the results. Finally, develop action plans to improve engagement for each age group.
SafeguardYour Business Against Joint Employment Liability
Just a few years ago, California employers who used labor contractors (including temporary agencies) did not have to automatically assume liability for the contracted employees’ payroll or workers’ compensation coverage. When Assembly Bill 1897 went into effect in January of 2015, that all changed. The purpose of the law, commonly referred to as the Joint Employment Liability law, is to hold companies accountable for wage-and-hour violations when they use staffing agencies or other labor contractors to supply workers, as well as for the failure of the contractor to secure adequate workers’ compensation insurance. Businesses now automatically share liability. Essentially, if the labor contractor fails to pay its employees properly or fails to provide sufficient workers’ compensation coverage for those employees, the client employer will now be legally responsible. This liability is imposed without consideration for whether the business knew about the violations and regardless of whether the client employer and labor contractor are joint employers. In 2017, a company was fined $250,000 for wage-and-hour violations when its subcontractor failed to pay its workers. The Labor Commissioner’s Office issued citations against both the client employer and the subcontractor for unpaid overtime and minimum wages, waiting time penalties, rest period premiums, and civil penalties for work performed over little more than a one-month period. Employers should be especially cautious in selecting a staffing agency. Here are a few best practices you can use to determine if your staffing partner complies with wage and workers’ compensation regulations:
Check the financial health of your staffing partner - request financial statements to ensure they can consistently make payroll.
Confirm, in writing, that the agency is aware of California wage and hour laws—there are many changes each year, and failure to follow even one could result in substantial financial penalties for your organization.
Request written confirmation that the staffing agency possesses sufficient workers’compensation coverage.
Confirm, in writing, that the staffing company complies with health and safety regulations as the law authorizes the Division of Occupational Safety and Health to adopt necessary regulations and rules to administer and enforce the bill’s provisions.
Ultimately, your staffing partner should protect your business, so select a company that is financially stable and has the knowledge and experience to keep you and your business safe.
2018 ABOUT THE SALARY GUIDE
Each year we compile salary data using our extensive internal salary information, along with current salary data from external sources. Our recruiting and staffing experts have carefully refined the information by conferring with clients and reviewing placement history, interviews, and job orders to further ensure that the figures presented are current and accurate. The data is designed to help you determine appropriate, competitive compensation for the talent you need in your organization. This data does not include bonuses, commissions, benefits, or incentives. Salary ranges listed are for mid-size companies from $100-$250MM in revenue. To calculate an hourly rate, divide the annual salary by 2,080 hours.
CUSTOMIZED SALARY REPORT AVAILABLE 855.224.4473
Finance & Accounting
Chief Financial Officer
$155,000 - $307,000
$156,000 - $310,000
$143,000 - $296,000
$144,000 - $298,000
Vice President of Finance
$137,000 - $282,000
$138,000 - $285,000
“The Advantex team has and continues to provide excellent service in understanding both the needs of our team and company, as well as those of the candidates we see.We’ve hired on both full-time employees and consultants through Advantex and these individuals have worked out very well.” - Director of Corporate Accounting
$133,000 - $254,000
$134,000 - $256,000
Director of Finance
$130,000 - $212,000
$131,000 - $213,000
$118,000 - $180,000
$119,000 - $181,000
$117,000 - $163,000
$118,000 - $164,000
$116,000 - $155,000
$109,000 - $158,000
$98,000 - $140,000
$98,000 - $141,000
$81,000 - $120,000
$82,000 - $121,000
$76,000 - $111,000
$76,000 - $112,000
$71,000 - $125,000
$71,000 - $126,000
A/R & A/P Manager
$62,000 - $95,000
$63,000 - $95,000
$55,000 - $98,000
$56,000 - $99,000
Internal Audit Professional
$49,000 - $95,000
$49,000 - $95,000
Chief Technology Officer
$220,000 - $275,000
$220,000 - $280,000
Chief Information Officer
$170,000 - $265,000
$200,000 - $280,000
“The Advantex team has a true understanding of the nuances of the positions we try to fill and submits candidates specifically targeted to those needs rather than throwing applicants with generic experience into the mix. The applicants have all been high quality, professional, and well suited for the positions we’re looking to fill.” - Director of IT
$125,000 - $190,000
$130,000 - $195,000
IT Project Manager
$115,000 - $145,000
$115,000 - $160,000
$105,000 - $150,000
$105,000 - $160,000
Software Developer (1-4)
$88,000 - $130,000
$90,000 - $140,000
Database Administrator (1-4)
$85,000 - $140,000
$91,000 - $148,000
$83,000 - $130,000
$86,000 - $135,000
$83,000 - $115,000
$90,000 - $122,000
Business Systems Analyst
$80,000 - $110,000
$92,000 - $12,000
$71,000 - $95,000
$80,000 - $120,000
$63,000 - $108,000
$61,000 - $112000
Software QA Analyst (1-3)
Top 10 IT Certifications
National Median Salary
Certified in Risk and Information Systems Control (CRISC)
Certified Information Security Manager (CISM)
AWS Certified Solutions Architect – Associate
Certified Information Systems Security Professional (CISSP)
Project Management Professional (PMP)
Certified Information Systems Auditor (CISA)
Citrix Certified Professional – Virtualization (CCP-V)
ITIL v3 Foundation
VMware Certified Prof. 5 – Data Center Virtualization (VCP5-DCV)
Citrix Certified Associate – Networking (CCA-N)
Advantex won CareerBuilder/Inavero’s Best of Staffing Client Award for providing superior client service and the Talent Award for superior service to job seekers. The Best of Staffing awards are based on a rigorous client and talent survey process and are awarded only to those staffing companies who provide exceptional service to their clients and associates. Less than 2% of staffing companies nationally receive these acclaimed designations.
The Advantex Hiring Advantage : Expertise, Personalization & Specialization
488,500 New IT Jobs by 2024 507,200 Additional finance and accounting jobs by 2024
million dollar recruiting technology investment
Predicted growth in US consultant market
Contract Direct Hire Consulting
DISCIPLINES • Finance & Accounting • Information Technology
Recipient of Inavero/ CareerBulider’s Best of Staffing Client & Talent Satisfaction Awards
12 Average years recruiter experience
1 We meet every candidate before you do 2 We will only send a resume with our candidate’s permission 3 We check references prior to hire
14 W i n n e r s m a k e u p l e s s t h a n 2 % o f a l l s t a f i n g i r m s
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