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EEOC to get more involved with small businesses

Thanks to a new internal task force, the Equal Employment Opportunity Commission will focus on expanding and refining outreach and technical assistance to small businesses. As stated in a mid-December announcement, the Small Business Task Force will “work to find ways in which the agency could better collaborate with the small business community to ensure compliance with federal antidiscrimination laws.”

On its to-do list:

=> Determine how to utilize new technology to broaden outreach
=> Develop technical assistance and training initiatives
=> Identify specialized approaches to aid small businesses owned by women and minorities
=> Pinpoint specialized approaches for micro businesses (those with 50 or fewer employees)
=> Enhance small business information and training on the EEOC’s website


As far as the types of businesses that will be on the EEOC's radar, the agency said the task force will focus on newly established small businesses, as well as those that can't afford lawyers or human resource personnel.

“The Task Force demonstrates our commitment to strengthening the lines of communication with small business owners and educating them about their responsibilities, including the benefits of preventing and resolving discrimination claims,” EEOC Chair Jacqueline A. Berrien said.

At the same time, the EEOC considers the task force to be particularly timely, citing that the nation's economic recovery depends on the ability of the small business community to survive and thrive. If there are new opportunities for the EEOC to better serve small businesses, it wants to identify and act on them.
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Making smarter dietary choices while at work

Today's post comes from G.Neil's HR Library.

The workplace can be a dietary disaster. You’re stressed; you’re short on time and your stomach is rumbling like a freight train. So what do you do? You scurry to the nearest breakroom or vending machine and grab a honey bun or salty chips to fill the void. In mere moments, you’ve consumed hundreds of calories, while depriving your body of the nutrients it needs most. Do this enough times and your health and waistline are going to suffer.

Time to take control! With a little planning and smarter substitutions, you can satisfy your food cravings without compromising your health. As we ring in the new year and brush off those oh-so-familiar, diet-related resolutions, let’s watch what we eat and adopt these healthier habits in the workplace:

Instead of starting your day with a donut, cookie or muffin at the morning meeting …

Do this: Eat a quick breakfast at home before your morning commute or first-thing when you arrive at the office. A banana, low-fat yogurt, oatmeal, whole-wheat toast with peanut butter or a hard-boiled egg will start your day on a healthier foot (and keep you feeling full longer) than a sugar-laden pastry.

Instead of going out to eat at lunchtime or ordering takeout with the crew, where you may be tempted by cheeseburgers, pizza, French fries and other fast-food fare …

Do this: Pack your own lunch. Invest in a small cooler or insulated lunch sack to keep your food cold, and bring a salad loaded with veggies, a turkey sandwich (with cranberry sauce or pesto, instead of mayo) or hearty soup. Or take advantage of the leftovers from last night’s dinner, like chicken stir fry, multi-grain spaghetti or beans & rice.

Instead of giving in to a chocolate-caramel candy bar, bag of BBQ potato chips or some other packaged, processed item at the vending machine …

Do this: Keep a few healthy snacks at your desk (or in the office refrigerator) to dip into when the afternoon munchies kick in. A handful of nuts, some carrot sticks with hummus, a single serving of microwave popcorn, string cheese or an apple will hold you over until dinner, without sending your calorie count into orbit.

Instead of drinking a cup of coffee loaded with cream and sugar or a caffeinated, carbonated soda every time you need a pick me up …

Do this: Swap out your java or cola for lightly caffeinated white or green tea, caffeine-free herbal tea like peppermint or ginger, or even water infused with lemon or lime (if you don’t like it plain).  You’ll still enjoy a flavorful beverage, but you won’t get the sluggishness, jitters and mood swings that come with caffeine addiction.

Instead of eating a heaping piece of triple-chocolate birthday cake to celebrate your coworker’s special day …

Do this: Split your serving with a friend or, if you’re feeling especially disciplined, head back to your desk and munch on one of the healthier snacks you keep close at hand for situations like this!

Instead of focusing only on how to restrict the calories you consume in a workday …

Do this: Find ways to burn more calories, too, by being more active. Go for a walk during breaks or at lunch, take the stairs instead of the elevator, walk or ride your bike to work (if possible), park further away from the office if you drive, and start a walking club with your coworkers.
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Breathing new life into your employee of the month program

Does your company have an employee of the month program that is falling short of your expectations? Or worse yet, it appears to be a complete failure? Don’t give up on it! It may just need a few tweaks to get it back on track in 2012.

First, think about what’s not working and why you’re struggling with running an employee of the month program.  Here are some suggestions on how to address some of the more common shortfalls:

Not enough nominations each month -- Your program may be lacking the awareness, and constant reinforcement, it needs.  Display fun, promotional posters in lunch and break rooms, send out reminder emails to submit your nominations, talk up the program and why it exists at regular department meetings, and give each winner his or her moment in the spotlight through coverage in newsletters, on the intranet and in announcements at company-wide meetings.

Perception that program is a popularity contest or unfair -- Certainly, some employees are “negative Nellies” and will find fault in anything you do to improve employee morale and motivation. But what about the well-meaning employees who dismiss your program because they think it’s based on favoritism? The best way to prevent (or counteract) this perception is to clearly state the award criteria to your staff, and make sure everyone has a chance to nominate an individual -- not just coworkers or a narrow group of middle managers.

Employee morale remains low -- Understanding employee morale isn’t a one-size-fits-all formula. What puts a spring in one employee’s step may leave another employee cold. That’s why your employee of the month program needs to be part of a company culture that treats employees with respect, encourages positive interaction between coworkers, and values regular, constructive feedback between employees and their bosses. Without this foundation, employees probably won’t rally around your program and may consider it a weak attempt to enhance workplace motivation when their other needs are not being met.

Lack of enthusiasm about the actual award -- What are the employee of the month awards you give out? Perhaps that’s what is falling flat, and not the program itself. It may be time to introduce a new award -- whether it’s a more modern plaque or award, a colorful candy jar or a snazzy, engraved pen. And don’t forget to attach the award with a special workplace perk, like a reserved parking space or extra time off. You may want to provide a few options, as well. Some companies offer a choice of, say, three retail gift cards with the recognition award so winning employees can pick what shopping excursion they’ll enjoy most.
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Compliance reminder: NLRA posting deadline is January 31, 2012

In less than two months, nearly all private-sector employers will be required to post a notice informing employees of their rights under the National Labor Relations Act (NLRA).

Reduce risk and ensure compliance with Poster Guard® Compliance Protection! Membership includes the updated federal poster and all mandatory state postings that are required for your business's compliance. You will also receive the convenience of automatic replacement shipments every time a mandatory change occurs affecting your business, for one full year!

FAQs with the new NRLA poster

Q: What if my business is non-unionized? Do I still have to comply?
A: Yes, this new poster is mandatory regardless of your company’s union status. It applies to union and non-union workplaces alike.

Q: It says “nearly” all employers have to post the new notice. What are the exceptions?
A: At this time, the requirement does not apply to agricultural, railroad or airline employers -- or the U.S. Postal Service.

Q: Will this be a separate posting?
A: No, it will be added to the current Federal Poster. Consequently, the poster will be larger – increasing from 24” x 26 ¾” to 24” x 32.75”.

Q: Are there any other posting requirements?
A: Yes, the notice must be posted in other languages if 20 percent or more of your workforce is not proficient in English. In addition to providing a Spanish version on the Spanish Federal Poster, we will create versions in other languages if there’s a demand.

Q: What are the penalties for non-compliance?
A: There is no specific fine connected with this posting. However, noncompliance can be treated as an “unfair labor practice” and can be used as damaging evidence in a lawsuit.
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EEOC reports record number of discrimination filings for FY 2011

The U.S. Equal Employment Opportunity Commission (EEOC) recently released fiscal year 2011 statistics, compiled in its annual Performance and Accountability Report (PAR). The EEOC handled a record 99,947 discrimination charges in fiscal year 2011 (ending September 30) -- the highest number in the agency's 46-year history. The EEOC also recovered more than $364.6 million in monetary benefits for victims of workplace discrimination -- again, the highest level in the agency's history. The fiscal year ended with 78,136 pending charges, a 10 percent decrease from FY 2010 (and the first such reduction since 2002).

Race charges were the most common claims filed in 2011 (36%), followed by sex (29%), disability (25%) and then age (23%). National origin, religion and Equal Pay Act claims all registered less than 5% of all charges filed.

“I am proud of the work of our employees and believe this demonstrates what can be achieved when we are given resources to enforce the nation’s laws prohibiting employment discrimination,” said EEOC Chair Jacqueline A. Berrien.

The major takeaway in all this? Be especially diligent about training your employees and managers on proper, non-discriminatory behavior and document, document, document. The bad economy may be driving the bump in discriminatory charges. And unless the economy picks up in 2012, this trend may continue.
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Do you appreciate your employees? 10 ways to show it!

Today's post comes from G.Neil's HR Library. Happy Thanksgiving, everyone!

Sitting down to a delicious Thanksgiving dinner wouldn’t be complete without giving thanks for all the good fortune and happiness of the past year. High on the list are the friends and family who bring us joy and enrich our lives.

Are you extending this same attitude of gratitude to the workplace? It’s been said that “Silent gratitude isn’t much use to anyone.” This is as true in the workplace as it is in our personal lives. Unless you’re focusing on the things your employees are doing right and rewarding them in immediate, tangible ways, your gratitude is as effective as a frozen turkey on Thanksgiving Day.

Here are 10 easy ways to express your appreciation and show employees that you value what they bring to the workplace:

1) Recognize birthdays and anniversaries. Most employees would be pleasantly surprised to receive a greeting card on their birthday or work anniversary. Especially if it’s signed by senior management and includes a personal message, it’s a small gesture with big impact.

2) Say thank you. “Thank you” – two small words with tremendous power. Whether you express it in a handwritten note, pull someone aside in the hallway or call out an accomplishment in a packed meeting, managers and supervisors should look for every possible opportunity to say thank you.

3) Point out performance. No achievement is too small, especially when it propels a bigger project or contributes to the overall success of your business. Give a pair of movie tickets to someone who reached her sales goal or a restaurant gift certificate to an employee who spearheaded a new initiative.

4) Establish an employee recognition program. If you haven’t done so already, kick off an employee-of-the-month program or wall of fame in 2012. These programs are ideal for demonstrating your appreciation on a consistent basis, while acting as an incentive for other staff members to step up their game.

5) Offer free food. It’s amazing what bagels in the morning or a sandwich platter at lunchtime can do to boost employee morale. In addition to enhancing everyday work routines with tasty fare, look for bigger ways to reward through food, like a luncheon for the department with the highest quarterly revenue.
 
6) Show respect. While this seems obvious, your demeanor with your employees makes a world of difference. No matter how stressed you are, you shouldn’t swear, lose your temper or ignore your employees. The little courtesies add up, so say please and thank you, keep your office door open, watch your body language and give your full, undivided attention when employees come to you with issues.

7) Touch base with employees. Hold meetings with individual employees or groups of employees several times throughout the year to address any lingering questions or concerns. Be open to their feedback and reactions to new company policies or developments, and update them on the steps you’ve taken to solve problems discussed in former meetings.

8) Let them park it. Reserve your best parking spots for employees who’ve gone above and beyond for the company. A prime parking space could be one of the rewards for the winner of your employee-of-the-month program.

9) Flex their hours. Flex time is a perk that most employees appreciate above all others. Explore ways to let employees telecommute, work a compressed workweek or leave early one day a week (assuming they’re meeting their obligations otherwise). Loosening the reins on a rigid work structure is a fantastic way to reward employees who have already earned your trust.

10) Conduct an employee satisfaction survey. Perhaps you don’t know what’s making your workers unhappy – or what they really want. An employee survey is a great way to capture their opinions in a safe, non-threatening manner. Break the survey into sections (such as “working conditions” and “company culture”), set up the survey in a format you can easily administer and discuss the results (and takeaways) among company management.
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Holiday cards and employee morale: Don't underestimate the connection!

Carol and Megan are both hard-working, dedicated employees. And like many employees working for companies weathering the economic downturn, they’ve endured their fair share of challenges this past year: fewer resources, longer hours, added responsibilities, more stress.

Fast forward to the holiday season. One afternoon in early December, Carol picks up her mail and notices a special mailing from her company. She tears open the crisp, white envelope and pulls out a beautifully illustrated holiday card with a short, handwritten note inside. “How nice,” she thinks to herself and smiles, “that the company cared enough to do this.”

Megan works for a company that didn’t send holiday cards this year. “Times are tough,” the company’s president concluded, "and employees should be thankful they even have jobs. If things turn around next year, we’ll do more to motivate our staff.”

Who do you think feels better about her company right now? Who sees that her extra efforts matter – and that it’s worth enduring a few challenges when your company values its employees?

Don’t let this golden opportunity to reach out and recognize your employees pass you by. Sending company holiday cards and calendars makes sound business sense because they:

=> Demonstrate you value your employees, no matter how tough the conditions. During these economically challenging times, most businesses are running on leaner budgets and watching their every expenditure. For a healthy return on investment, however, holiday cards can’t be beat. A holiday greeting costs just pennies per employee, but yields significant returns through good will, enhanced morale and greater loyalty. It’s the perfect way to show you care about your employees – employees who, incidentally, kept your business thriving in spite of the economic downturn.

=> Stand out in a way that other forms of communication cannot. As a customer, how special do you feel receiving a mass e-mail from a company during the holidays? Or worse, no acknowledgment at all? It’s no different with your employees. A paper card shows a level of effort and attention on your part. More importantly, it gets noticed in the hustle and bustle of our fast-paced lives. You went out of your way to select the appropriate card, address it properly and even share a handwritten note. That single card is personal, it’s tactile and it rises above the electronic and digital noise of today.

=> Boost morale and lead to greater employee satisfaction down the road. Your employees are working harder than ever, but they will quickly burn out if you don’t take the time to recognize their efforts and thank them. It’s a proven fact that employees are more productive and effective when they feel appreciated, needed and noticed. Don’t make the mistake of hoping your employees know how much you depend on them. Take advantage of this time of gratitude and give a holiday card that sends the message, loud and clear, that your employees matter.

Ready to make a positive impression with your most valuable resource, your employees? Order your holiday cards now (at terrific "early bird” specials), then plan on reaping the rewards that come with wishing your workforce happy holidays and letting them know how important they are.
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A great way to honor our vets? Help them get jobs!

Today is Veterans Day, one day a year set aside to honor our military veterans, past and present. With more than 40,000 U.S. troops returning from Iraq by year's end, the day takes on even more significance. We're no doubt grateful to our military men and women and all they sacrifice to preserve our nation's freedom.

And how do we express that gratitude? After the parades, the standing ovations and even the free meals at certain restaurants (including Applebee's, Chili's, Outback Steakhouse and Subway), what can we do to thank our veterans for their courageous service?

If you're an employer, the answer may be to provide as many job opportunities to our veterans as you do our civilians. I know this is tricky because the economy is lousy and many businesses have frozen their hiring, but this isn't the case across the board.

In fact, a new CareerBuilder survey found that one in five (20 percent) employers are actively recruiting U.S. veterans over the next 12 months, while 14 percent are recruiting members of the National Guard.

Keep in mind this is different from employers who are legally obligated to reemploy soldiers returning from military leave. As we've discussed in this blog, the Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that provides certain rights to members of the uniformed services, such as reinstating employees upon completion of service.

When it comes to new hiring this year and into 2012, the areas where employers from the CareerBuilder survey plan to focus their attention are: 

    Information Technology -- 36 percent
    Customer Service -- 28 percent
    Engineering -- 25 percent
    Sales -- 22 percent


“The survey shows that employers recognize the unique value military experience can bring ..." said Brent Rasmussen, president of CareerBuilder North America.

Not to say that veterans won't face the same challenges securing a job as everyone else. According to the Bureau of Labor Statistics, the unemployment rate among vets who served in the Middle East since 9/11 was 12.1 percent this October, compared to 9 percent for the overall workforce.

“I don’t think it’s overt discrimination," says Chad Storlie, author of “Combat Leader to Corporate Leader: 20 Lessons to Advance Your Civilian Career, "but HR departments and hiring managers are being very picky today. He adds: "They want the best person that makes them feel comfortable; that’s why vets have to show everything in their background and how that will help them be successful.”

In addition to figuring out how to translate their military experiences into compelling skills for today's job market, veterans might consider where they live. A study commissioned by financial firm USAA and Military.com identified the “Best Places for Military Retirement: Second Careers.” The best town for vets went to Oklahoma City, Okla. After that, it was:

    Norfolk, Va.
    Richmond, Va.
    Austin, Texas
    San Antonio, Texas
    Madison, Wis.
    Philadelphia, Pa.
    Raleigh, N.C.
    Omaha, Neb.
    Manchester, N.H.


Short of packing their bags and moving to a a new town, however, HR experts recommend that vets focus on who they are and what they want to do, aggressively network (especially with ex-military personnel) and when possible, start reaching out to potential employers before they leave the military.
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The economy stinks but retailers still need seasonal help

In fact, nearly three in 10 retailers (29 percent) are looking to bump up their seasonal help for the upcoming holidays, according to a nationwide CareerBuilder survey.

On par with seasonal hiring in 2010, companies in other industries expect to hire a similar number of temporary workers. The key areas to be targeted include sales, customer service, shipping and administrative support.

While companies are hiring the same amount of people as last year, they're doling out more pay. More than half of employers (53 percent) indicated they will pay $10 or more per hour for seasonal staff. Approximately 14 percent will pay $16 or more.

If you're one of those companies seeking seasonal help this year, check out this previous post for tips on getting the most out of your temp relationships.
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DOL and Facebook -- A partnership job seekers are sure to "like"

According to Labor Secretary Hilda Solis, there are approximately 3 million job openings in the U.S., and nearly 14 million unemployed people.

The U.S. Department of Labor recently announced a partnership with Facebook to help those 14 million job seekers find employment. A new Facebook book, the Social Jobs Partnership, can help connect job seekers with companies that are hiring -- thanks to more than 3,000 one-stop career centers that are represented, as well as online tools such as the DOL's My Skills My future website (which highlights alternative careers for certain skill sets).

With social networks playing such a big role in the job market these days, a partnership like this holds real promise. (A Jobvite survey of 800 HR and recruitment professionals revealed that 64% of employers hired through social networks this year.) As of today, more than 14,800 people have "liked" the new Facebook page.

Secretary Solis shares:

"Linking American job seekers with the resources they need to get back to work is a top priority of the Obama administration and my department.  By leveraging the power of the social Web, this initiative will provide immediate, meaningful and ready-to-use information for job seekers and employers, and a modern platform to better connect them."

Beyond the Social Jobs Partnership page, the DOL also plans to expand the program to Twitter, LinkedIn and other social networking sites.
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Train managers on union-related dos and don'ts

As employers anticipate the new National Labor Relations Act (NLRA) poster they must display as of January 31, 2012, many are wondering how they can counter the pro-union message of this mandatory notification with their own union-free philosophy.

While there are many things you can do to achieve a balance, you'd be wise to start with your company's management.

Your supervisors and managers play a critical role in your business, contributing as much to a cohesive, satisfied workforce as they do to one that’s broken and disgruntled. Qualified, well-trained and supported supervisors go a long way toward keeping your company union-free. But you need to invest in their success.

Now, more than ever, you need to meet regularly with your supervisors to discuss any issues that may be brewing, as well as conduct periodic training workshops that address the latest trends in union organizing, red flags in the workplace and how to lawfully remain union-free. After all, “Union prevention is simply good management in action.”

An important part of any training program is outlining the dos and don’ts of unionizing efforts. Your managers and supervisors must be aware of protected and unprotected employee activity. According to the National Labor Relations Board (NLRB) website, they may not:

•    Prohibit employees from discussing a union during non-work time, or from distributing union literature during non-work time in non-work areas, such as parking lots or break rooms
•    Question employees about their union support or activities in a manner that discourages them from engaging in that activity
•    Fire, demote, transfer, reduce hours or take other adverse action against employees who join or support a union or act with co-workers for mutual aid and protection, or who refuse to engage in such activity
•    Threaten to close their workplace if employees form or join a union
•    Promise or grant promotions, pay raises, or other benefits to discourage or encourage union support
•    Prohibit employees from wearing union hats, buttons, t-shirts, and pins in the workplace except under special circumstances
•    Spy on or videotape peaceful union activities and gatherings

Ideally, your company will never become vulnerable to this level of union interest and activity in the first place. But ensuring that management knows the rules of the game can protect you from additional, costly consequences.
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Returning soldiers shouldn't have to fight for their USERRA rights

This past summer, President Obama announced that he will pull 10,000 troops from Afghanistan by the end of this year. And now, he is declaring that virtually all U.S. troops (approximately 39,000) will be returning from Irag by year's end, too.

“After nearly nine years, America’s war in Iraq will be over,” Obama said. “The coming months will be a season of homecomings. Our troops in Iraq will definitely be home for the holidays.”

Home for the holidays ... and re-entering the workforce. With thousands of veterans stepping back into the work world, employers need to ready themselves for the impact this activity will have on their business.

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is the primary federal law that provides employment and reemployment rights for members of the uniformed services, including veterans and members of the Reserve and National Guard. You can read more about USERRA here, but the main points to remember are:

=> USERRA requires employers to reinstate employees upon completion of service

=> USERRA prohibits employers from discriminating against employees in regard to hiring, firing, promotion, training or any other terms of employment based on past, present or future military service.

=> When a service member returns from active duty of five years or less, that individual is entitled to any increases in seniority, promotions, pay and benefits that would have been received had he or she never left -- a legal concept known as the “escalator principle”

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Happy Halloween at work -- It's not "witchful" thinking!

As kids, we couldn't wait to dress up as our favorite action hero or fairytale princess, parade through the neighborhood and collect scads of candy. And although we’re adults now, we’re still kids at heart, looking to capture a bit of that Halloween magic. Perhaps that’s why Halloween is the third-most-celebrated holiday after Christmas and New Year’s Eve.

What about your workplace? Will you be opening your doors to ghosts, goblins and good times this week? A Halloween “happening” may be just what your company needs to ease some tension and reconnect.

The benefits are sweet

“Why should we even bother with Halloween?” you may ask. In a word, because it’s fun. Now, more than ever, employees are feeling stressed and need permission to let their hair down and blow off some steam. Celebrating Halloween (and other holidays) at work is a perfect opportunity for promoting teamwork, improving morale and incorporating a little levity into the workday. These types of celebrations also foster a more positive company culture where employees enjoy coming to work.

Here are some ways to get creative and have some fun at the office this Halloween: 

 => Dress the part -- Hold a contest for the best decorated workspace, best group costume and best individual costume. Encourage each department to meet once or twice before the big day to brainstorm themes and determine the ideal costumes to complement the theme.

=> Carve a pumpkin -- Don’t stop at costumes and decorations. Hold a competition for the best carved pumpkin, too. Distribute a pumpkin (and carving set) to each department prior to your workplace event, then see what funny, frightening or downright unusual designs they come up with. Display the pumpkins in a common area for everyone to enjoy.
   
=> Bring out the treats -- During lunchtime, set up a "Goodies Table" in the main lunchroom with Halloween-themed treats. In addition to the cookies and candy your company provides, request that interested employees volunteer their favorite sweets. Be sure to balance the sweet treats with some fresh apples, nuts and other healthier alternatives.
   
=> Award prizes -- Plan on having the management team judge all contests and at the end of the day, award prizes to the lucky winners. Store gift cards, a free lunch or a whimsical desktop award are all potential prizes. The more awards you can give out (1st through 3rd prize in each category, for example), the better.

A few words of caution …

On the one hand, Halloween is not connected with any particular religion so a diverse group of employees can enjoy the holiday. On the other hand, some religious groups take offense with the holiday’s pagan roots and reject it on that basis.

For this reason, you may want to call your workplace celebration a “Fall Festival” and make wearing costumes optional. More important, you’ll want to let employees know that revealing, offensive or off-color costumes are strictly prohibited. As an added precaution, specify these two additional costume rules: no masks and no toy weapons.

On the general safety front, discourage tricks, pranks and decorations that could scare others or pose a safety hazard.

Finally, it’s a good idea for HR to send out a memo or email outlining the guidelines for your Halloween celebration and stating that you expect all employees to be respectful and exercise good judgment.
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Victims of domestic violence could take FMLA leave under proposed bill

Today's post comes from G.Neil's HR News Weekly:

Coinciding with National Domestic Violence Awareness Month in October, a California Congresswoman is reintroducing legislation that would assist victims of domestic violence. The Domestic Violence Leave Act would allow employees to take leave under the Family and Medical Leave Act (FMLA) to address incidents of domestic violence, sexual assault and stalking -- whether directed at themselves, a spouse (including domestic partner and same-sex spouse), parent or child.

FMLA leave could be used for a variety of reasons:

... Seek medical attention for injuries
... Obtain legal assistance
... Participate in a legal proceeding
... Attend support groups or therapy
... Participate in safety planning

The affected employee could substitute paid leave for the leave available under this bill. And while an employer would be entitled to obtain certification that the employee is taking the FMLA leave for legitimate reasons, the employer would be held to strict confidentiality standards.

Rep. Lynn Woolsey pointed out that domestic violence is a widespread problem in our country, emphasizing that her bill "ensures that those who have suffered abuse have the time to recover, physically and emotionally, without losing their job or forfeiting the income that supports them and their family."

For fast, easily searchable answers to all your FMLA compliance questions, check out SolveIt Now™ -- available for immediate download or on CD-ROM.
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8 important tips when hiring temps

For many small businesses, hiring temps is the perfect solution during seasonal upswings (the holidays are right around the corner!) or when extra help is needed because someone is out on maternity or disability leave. Or perhaps you’re looking to fill a recently vacated position but want to “test the waters” first: A temporary worker can be offered a full-time position if you’re happy with his or her performance after a certain period of time.

While there are many advantages to hiring temps, there are precautions to consider, as well. Keep the following in mind when hiring temporary workers:

1)
Temporary employment involves a set period of time, such as days, weeks, months, the duration of a special project or the length of time a permanent employee is out. Generally speaking, an employee is either full-time or part-time, regardless of temporary status. This matters because certain federal and state employment laws apply to employers based on the number of employees – and may or may not count temps in the total.

2)
When you work with a staffing agency, the agency is responsible for recruiting, screening, testing and hiring workers; handling timekeeping, payroll and related taxes; and providing unemployment and workers’ compensation insurance. If you decide to use an outside agency, you’ll typically pay a fee that includes the candidate’s hourly rate and the agency’s markup to cover the above services.

3)
Even if the agency oversees the above services, you are considered the temp’s co-employer. As such, you need to be mindful of workplace issues like safety, preventing discrimination and harassment, and wage and hour compliance under the Fair Labor Standards Act (FLSA).

4)
If you hire the temp directly, you will need the individual to fill out an I-9 form and provide the appropriate documentation verifying his or her eligibility to work in the United States. The temp also must fill out a W4 so you can process the correct withholdings for payroll.

5)
At the very beginning of the temp relationship, specify the pay rate, pay period, pay day, eligibility for benefits (if any) and length of employment. Remember that if a temporary, non-exempt employee works more than 40 hours in a workweek, he or she is entitled to overtime pay for those hours.

6)
You are not required to provide paid time off (vacation, sick or personal days) to temporary employees. You don’t have to extend health insurance either. Many employers consider this a significant cost savings - and benefit - to hiring temps.

7)
Whether you’re working with an agency or hiring a temp on your own, it’s important to explain the job, the skills needed and your basic expectations. Take the time upfront to work through these details to ensure a good fit and avoid problems down the road.

8)
This should go without question, but always treat your temp workers with the same respect and care you do your permanent staff. Tammy is not “just a temp,” but an important part of your workforce, if even for a short amount of time.
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DOL wants you to know ... there's an app for that

They may never compete with the popularity of Google Maps, but the U.S. Department of Labor (DOL) is getting in on the smartphone apps game. First, the DOL launched a mobile Timesheet app in May to help employees independently track their hours. Since then, they've rolled out an OSHA Heat Safety Tool and a Labor Statistics app.

While somewhat controversial (because it relies on the accuracy of the user), the Timesheet app lets employees track the hours they've worked and determine the hours they're owed. The app also provides links to web pages of the DOL's Wage and Hour Division. Ultimately, it could make employers more accountable for maintaining accurate employment records, especially if their records are called into question in a Wage and Hour Division investigation. The DOL is quick to emphasize, however, that the app is designed as a reference tool only, and that it doesn't include every possible situation that comes up in the workplace.

The OSHA Heat Safety Tool lets you calculate the heat index for your worksite and display a risk level to workers, based on the results. At the same time, you can get reminders about the proper measures for protecting workers from heat-related illnesses -- from scheduling rest breaks to monitoring each other for signs of heat distress.

And finally, the Labor Statistics app is a great little resource for perusing the latest numbers from the Bureau of Labor Statistics and the Employment and Training Administration, including Unemployment Rate, Consumer Price Index, Average Hourly Earnings and more.

It remains to be seen how popular these apps will be among employers, but the DOL deserves credit for entering this technological arena. As Secretary of Labor Hilda Solis says,
"The Labor Department is continuously exploring how to share important information using the fastest, simplest, most wide-reaching means available ..."

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IRS gives businesses a chance to correct worker misclassification

While it's not always easy determining whether an individual is an independent contractor or employee, there's a lot at stake if you get it wrong. An employer, of course, has to withhold income and other taxes, as well as pay unemployment taxes and half of an employee’s Social Security and Medicare taxes. But you don’t have to do any of these things when you hire an independent contractor.

In recent years, however, the Internal Revenue Service (IRS) has stepped up worker classification audits to try to reduce the tax gap caused by the disconnect between what the IRS should be collecting and what it's actually collecting. And now, to help ramp up compliance even further, the IRS has announced a new program to encourage businesses who may be getting the classification wrong to voluntarily reclassify independent contractors as employees.  

The Voluntary Classification Settlement Program (VCSP) was rolled out on September 21, 2011. Eligible employers get a break from the sizable employment tax liability, penalties and interest they would have faced from reclassifying workers, whether voluntarily or due to an audit.

To qualify to participate in the VCSP, you must:

=> have consistently treated the workers as independent contractors and filed all required Forms 1099 for the previous three years

=> agree to extend the statute of limitations by three years for employment tax assessments for the first three years beginning on the date the VCSP closing agreement is signed

=> not currently be under audit by the IRS, the Department of Labor or any state agency regarding worker classification 
 

Keep in mind, too, that you must apply for the VCSP at least 60 days before the date you plan to reclassify the workers.

For additional insight on the Voluntary Classification Settlement Program, check out the FAQs on the IRS website.
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Rudeness on the rise! How to banish bad attitudes in the workplace

Today's post was plucked from G.Neil's oh-so-plentiful HR Library. It's a terrific resource for the most up-to-date and useful HR news and insights from the experts at G.Neil.

Stressed out is one thing. Downright nasty is another.

Though some employees are able to keep a cool head when tensions mount, others are cracking under the pressure and taking it out on their coworkers. As a result, “workplace incivility” is on the rise, according to researchers at a recent American Psychological Association conference. And what, exactly, is “workplace incivility”? Basically, it’s disrespectful behavior in the form of rudeness, insults and generally crummy manners.

With researchers suggesting that 75 to 80 percent of workers have experienced ugly behavior while on the job, clearly workplace incivility is more than a few, isolated incidents. What about your workplace? If your employees’ stress levels are through the roof, chances are it’s showing in their actions and attitudes. Here’s what you can do to reduce some of that tension, while also encouraging more respectful, responsible behavior:

Confront the irritable individuals. In some cases, the problem may be specific to one or two “Sour Sallies” or “Cranky Carls.” Like with any other behavioral or performance issue, it’s up to the manager or supervisor to point out the problem and set expectations for change. If the employee is normally pleasant and productive, take a more sympathetic stance and try to get to the bottom of the matter. What can’t be tolerated, however, is if the employee is mistreating others to the point of harassment. This type of conduct needs to be addressed swiftly and thoroughly.

Allow telecommuting and other flexible options. Loosening the reins on a rigid work structure can make a big dent in employee attitudes. Consider letting employees telecommute, work a compressed workweek or leave early one day a week (if they’re meeting their obligations otherwise). Not only will most employees appreciate having to spend less money in gas every week, but they’ll also feel more productive and less burned out.

Extend more “thank yous” and compliments. When raises and other perks aren’t possible due to tough economic times, it is imperative that leaders and managers ramp up their recognition efforts. Heartfelt words of praise and encouragement have a way of immediately lifting spirits. Look for ways to call out a job well done, whether it’s submitting an error-free report, staying on task with a high-profile project or working well with others on a team initiative.  And remember: Though it’s great to recognize the “big wins,” it’s also important to call attention to the smaller, everyday achievements. Tune into the “quieter” contributions that still make a difference in the business.

Roll out an employee wellness program.It’s widely recognized that regular exercise improves health and reduces stress. Even better, healthier employees make fewer trips to the doctor, reducing medical costs and insurance rates. Some idea to get employees moving: Organize a weekly walking program, offer mid-day yoga or meditation in a large meeting room, or arrange a deal with a local gym for discounted employee memberships.

Foster a more positive work environment. Is your corporate culture tired and draining, or vibrant and energizing? It starts with your leaders and managers and trickles down from there. What messages are they sending regarding the business and the role employees play in the company’s ongoing success? Especially during trying times, employees need to be kept informed and to know that “we’re all in this together.”

For other ways to boost corporate culture, display inspirational and motivational posters throughout the building, introduce team-building or motivational games as a part of staff meetings, and provide occasional social events on company time to strengthen camaraderie among employees and management.
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Compliance update: Deadline extended for new mandatory NLRA posting

The National Labor Relations Board (NLRB) just announced that the posting deadline for the new NLRA poster has been extended -- from November 14, 2011, to January 31, 2012. The Board stated this extension was necessary for additional education and outreach for employers, particularly small- and medium-sized businesses.

The postponement will not affect the final rule that led to the NLRA posting, or change the actual content of the poster. 

Check back here for continued updates on this mandatory labor law posting. 





 
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New federal NLRA poster required -- Are you in compliance?

On August 25, 2011, the National Labor Relations Board (NLRB) issued a final rule requiring most private-sector employers to notify employees of their rights under the National Labor Relations Act (NLRA). Under the final rule, employers must display the new federal posting by November 14, 2011, to remain in compliance. Failure to post the notice will be considered an unfair labor practice.

In addition to providing examples of unlawful employer and union conduct and informing employees how to contact the NLRB with questions or complaints, the notice states that employees have the right to:

   => organize, form, join or assist a union
   => bargain collectively to improve wages and working conditions
   => discuss terms and conditions of employment with fellow employees
   => take action with those fellow employees to improve working conditions
   => strike and picket

It does not matter if your business is non-unionized, as the new posting requirement applies to union and non-union workplaces alike. The only exceptions to the requirement at this time are agricultural, railroad or airline employers -- or the U.S. Postal Service. Additionally, some very small employers and retailers may be exempt.

If you are already a Poster Guard® Compliance Protection member, you are guaranteed complete compliance with mandatory federal and state labor law postings through timely updates whenever a posting requirement changes.This means you will automatically receive the NLRA posting when it's finalized.

If you're not a Poster Guard® Compliance Protection member, sign up today to ensure compliance -- with the new mandatory NLRA posting and any future posting changes.
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What it takes to be a workplace that empowers women

For all the professional gains women have made over the years, gender-based wage discrimination persists. This was a key finding in a public forum held by the U.S. Equal Employment Opportunity Commission (EEOC) in late April. The forum, which was attended by government and private-sector experts, was just one of 24 events the federal agency sponsored this past spring to bring attention to the problem of wage discrimination.

A representative from Catalyst -- a nonprofit membership organization dedicated to expanding opportunities for women in business – expressed concern about the gender leadership gap that accompanies the pay gap. She shared that over 98% of Fortune 500 companies are led by male CEOs, and that women at these companies start off with salaries $4,600 less than men.

Clearly, we can do better.

Employers can make equal rights for women a bigger priority (and demonstrate their support) by:

Extending equal pay for equal work – The wage gap was 23% in 2009, meaning the average American women was paid 77 cents for every dollar made by a man. How do the female employees in your company fare? More important, do you have a method for determining the fair market rate for any given job? Your company – and the women in it – may benefit from a fresh approach that updates job descriptions, assesses skill and responsibilities for each job, and ensures consistent application of rates and salaries.

Evaluating employee training, development and promotion opportunities – How are employees selected to participate in training programs or lead special projects and task forces? How many women, versus men, are in management positions due to your company’s investment in their growth and development? It’s important that the women in your company are targeted for career-building opportunities as frequently as the men. High-quality training enables your staff, particularly those who are taking on new or expanded roles, to be more versatile and increase their contributions to the company.

Preventing workplace harassment and discrimination – Of course you have a company policy that prohibits harassment based on sex, race, color, religion, national origin, age, disability and/or any other legally protected status. But what are you doing to reinforce it and cultivate a positive, respectful corporate culture? You should give every employee and manager a copy of your company’s anti-harassment policy at the time of hire and at least once a year thereafter. You should also conduct periodic training to build awareness and strengthen your position against all forms of harassment and discrimination. Don’t assume managers and employees “know better,” especially when it comes to the finer points of proper workplace conduct.

Offering flexible options for a greater work/life balance – Employees are more stressed than ever, juggling increasingly heavier workloads and the demands of home. And since women are the traditional caregivers of children and aging parents, they tend to feel this push/pull more acutely. The good news is that workplace flexibility benefits both employees and employers by improving retention, boosting productivity and reducing burnout. Whether letting employees telecommute, work part time or leave early one day a week, be open to flexible arrangements that give employees more of what they want most: time.
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Paid sick leave gets a healthy boost in Seattle

Seattle, a city famous for its coffee, alternative music scene and three seasons of rain just added another distinction to its list. This week, the Seattle City Council approved a bill requiring businesses with at least five employees to provide paid sick leave, starting in September 2012.

This makes Seattle the third city in the U.S. (after San Francisco and Washington, D.C.) to mandate paid sick days for employees to care for themselves or a family member when ill. The amount of paid sick days depends on the size of the business, as follows:

  • 5-49 employees: at least five days
  • 50-249 employees: at least seven days
  • 250+ employees: at least nine days

Businesses with fewer than five employees are exempt, as well as businesses less than two years old. Otherwise, workers can start using their accrued paid time off after a six-month waiting period.

As you would expect, some people are giving the bill a thumbs up while others are less than enthusiastic.Councilmember Nick Licata, who sponsored the legislation, feels the bill is a positive, both for businesses and employees:

"It's wrong that someone has to choose between going to work sick or losing pay," Licata says. Seattle Times

Supporters add that paid sick days protect public health, help increase worker productivity and reduce turnover.

The dissenters, however, are concerned that the new paid sick leave requirements will put a strain on businesses already struggling with a weakened economy. One business consultant cautioned, "You're making it more expensive to do business and more difficult to create jobs."

Where does your business stand regarding paid sick leave? Check out this previous post for additional insight.
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DOL changes up its online enforcement database for easier, more open access

Today's post comes from G.Neil's HR News Weekly:

The U.S. Department of Labor (DOL) recently unveiled enhancements to its online enforcement database … all designed to improve public access and increase awareness of the department's enforcement activities.

Among the new features are a U.S. map with markers summarizing OSHA inspection and violation data for specific companies, as well as the ability to view individual inspection records and a company's enforcement history. The updated site also allows users to perform keyword searches; filter data by year, violations or penalties; and export search results into downloadable formats.

"These improvements to our online enforcement database are part of our commitment to open, transparent enforcement," said Secretary of Labor Hilda L. Solis. "By making this information available and easy to use, we're helping to ensure a level playing field for employers who follow the law."

See for yourself! Visit the updated site here .
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Time-management tips for working smarter, not harder

As a hard-working professional, you’re so busy you probably don’t even have time to read this post. But here’s why you should:

With some tweaks to your time-management tactics, you can stop feeling overworked and overwhelmed and start gaining some much-needed control in the office.

Let’s take a few minutes (just a few!) to explore some valuable tips and tricks:

Did you know … 43% of Americans consider themselves disorganized, and 21% have missed vital work deadlines? Nearly half say disorganization forces them to work late at least two times a week.

What you can do:

  • Write everything down. Don’t keep your to-do list bottled up inside. Write everything down and post your list in a highly visible place on your desk.

  • Prioritize your tasks. Put your to-do list in order, with the most important tasks at the top of the list. Knowing your priorities will help you focus more on what matters and less on what could wait until later.

  • Group like tasks together. It’s easier and faster to do similar jobs while you’re in that particular mental mode. Read and answer email in batches; make several phone calls at one sitting; allocate part of the day for writing and editing reports.

  • Just do it. If something on your to-do list can be completed within two minutes, do it right then and there. Completing the easiest tasks first will quickly eliminate tasks from your list and make you feel like there’s less on your plate.

  • Find your best time to work. Everyone has a part of the day where they get the most done in the least amount of time. Work on the most important tasks during the time of the day when you are most productive. You’ll produce better work, faster.

  • Take a break. Give yourself a break from time to time. When you start feeling stressed or tired, get up and take a walk. Whether it’s to the break room or around the building, a quick walk will help clear your mind and improve your personal productivity back at your desk. 

Did you know … On a typical day, office workers are interrupted about seven times an hour (or 56 interruptions day), 80% of which are considered trivial?

What you can do:

  • Guard yourself. Avoid distractions at all cost. Shut the door to your office, schedule a meeting with yourself or put on headphones to block out any unnecessary distractions. 

  • Build in some “buffer time.” Inserting a few minutes of buffer time between scheduled meetings and tasks helps you deal with emergencies and interruptions without falling too far behind.

  • Anticipate and avoid time-wasting encounters. This means, for example, holding stand-up meetings that discourage people from hanging out afterward; meeting with colleagues in their work area, which makes it easier to depart; setting up a prearranged signal to have an assistant interrupt a long-winded visitor or telephone caller; and using a vacant office or other space to do important work without being interrupted.

  • Manage the email onslaught. Consider turning off the email notification feature, check email only when you’re ready (and at set times of the day) and manage client and coworker expectations regarding your response (a 24-hour turnaround time is acceptable in most cases.) In more demanding situations, simply let the emailer know you got the message and are working on an answer/response.

  • Be aware. Do your best to focus on one task at a time and to fully engage in the activity. The more “centered” and less distracted you are, the more you will be able to accomplish.

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Compliance alert: New mandatory NLRA posting required by mid-November

As anticipated, the National Labor Relations Board (NLRB) issued a final rule requiring most private-sector employees to notify employees of their rights under the National Labor Relations Act (NLRA) by posting a notice. Effective November 14, 2011, the new NLRA posting requirement is mandatory!

Although the NLRB has not published the poster yet, it expects it to be available anytime on or before November 1. If you are already a Poster Guard® Compliance Protection member, you are guaranteed complete compliance with mandatory federal and state labor law postings through timely updates whenever a posting requirement changes. This means you will automatically receive the NLRA posting when it's released.

If you're not a Poster Guard® Compliance Protection member, sign up today to ensure compliance -- with the new mandatory NLRA posting and any future posting changes.

Remember: This new posting requirements applies to nearly all private-sector employers covered by the NLRA. Only agricultural, railroad, airline employers and the U.S. Postal Service are exempt at this time.
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Filing deadline for VETS-100/100A reports extended; pending bill would require online posting

Due to technical issues, qualifying employers now have until November 30, 2011, to file VETS-100/100A reports. Normally, the reporting cycle begins on August 1 and ends September 30 but because of technical problems, this timeframe has been extended. The Department of Labor’s Veterans’ Employment and Training Service (VETS) is working through the glitches and expects the electronic filing system to go online October 1.

Under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), federal contractors and subcontractors must complete these reports to capture the number of covered veterans in their workforces, as well as the number of covered veterans hired in the previous 12-month period. Compliance is as follows:

• Contractors with federal contracts of at least $100,000 entered into on or after December 1, 2003 -- VETS-100A report
• Contractors with federal contracts of at least $100,000 that were modified on or after December 1, 2003 -- VETS-100A report
• Contractors with federal contracts of at least $25,000 entered into before December 1, 2003 -- VETS-100 report


In related news, the House has passed a bill that would required the Secretary of Labor to develop a website  for publicly posting information submitted by federal contractors in the VETS -100/100A forms. The Veterans Employment Promotion Act would amend a portion of VEVRAA, a move legislators feels is necessary for better enforcement and oversight of contractor compliance with veterans’ employment laws.

Easily meet VETS reporting requirements with the Affirmative Action Voluntary Information Form.

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Essential steps to stay up and running in a disaster

Mother Nature seems to have a nasty temper. Almost daily, we turn on the national news and witness tornadoes, floods, earthquakes, severe storms and other disasters wreaking havoc on homes, businesses and communities. (Just this week, the East Coast was rattled by a 5.8-magnitude earthquake and is now keeping a close eye on a potential Category 3 Hurricane Irene.) And while it’s disheartening to watch, the harsh reality is this: Disaster -- whether natural or manmade -- can strike any time, and almost anywhere.

For employers dealing with these types of threats, the difference between lengthy down time and a quick recovery lies with proper planning. To ensure you’re never caught off guard in a crisis, you need an emergency preparedness and response plan that includes:

• Emergency contact list. Keep an updated list of employee phone numbers (cell phones and landlines) and 24-hour emergency contact numbers in a secure, easily accessible location. Distribute the emergency contact list, in advance, to all employees via email or as a printed document.

• Employee communication procedures. How will management deliver information and instructions to employees after a catastrophic event? It’s a good idea to pre-record emergency messages on toll-free hotlines. And don’t forget email - accessible via laptops and smartphones -- as a way to connect with employees and customers post-disaster. (Subscribe to a resilient, high-speed Internet service, such as satellite broadband, to maintain communications should your terrestrial network fail.)

• A list of critical tasks. Identify critical business operations (what keeps your company producing, selling, taking orders or providing services) and discuss those functions with affected supervisors and employees. At the same time, consider limited or restricted work schedules, telecommuting arrangements and company transportation services for employees.

• An alternate meeting place. Designate an offsite location for top management and essential staff to gather in case your building is damaged or inaccessible due to roadblocks. Depending on the size of your business and your resources, this location can serve as an emergency command center and help minimize down time in a disaster.

• Customer communication strategy. Obviously, you need to keep in touch with customers, buyers and distributors. Again, a resilient, high-speed Internet service can be vital for delivering business updates and maintaining customer relations when other communications are crippled. During quieter times, you might want to draft a few sample emails explaining what customers can expect and apologizing for any inconvenience. Having this correspondence ready to go at a moment’s notice can be a huge help.

• Data recovery plans. Weather disasters can easily wipe out hard drives and destroy databases. Keep essential backup data at an offsite location safe from flooding and know how to retrieve that information if disaster strikes.

• Employee health and safety measures. Keeping your staff out of harm’s way is a top priority in any disaster. Review your emergency evacuation and response procedures, stock up on the appropriate first aid supplies and, if you experienced damage and are resuming “normal” operations, assess the safety of all work areas before allowing employees to return.


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The top 5 reasons to let employees telecommute

“Having choices today can attract better employees. Those who can’t be onsite can still contribute."

“Commuting wastes time, energy and gas. Telecommuting reduces office space needed. Workers are less stressed and can manage time better.”

“It allows for a much better work/life balance. It’s also been proven that telecommuters are more productive.”

“A good employee is a good employee - no matter the location.”

These are just a few of the comments received in an online survey on msnbc.com that asked, “Is telecommuting a good thing?” More than 1,700 people voted, with 57.9% selecting the response, “Yes, it gives employees and employers flexibility.”

So if you’re one of those employers that is reluctant to take the plunge and give telecommuting a try, don’t be! These days, more and more jobs that don’t involve direct personal contact can be performed remotely, including positions in marketing, sales, software development, creative and clerical. What’s more, there’s plenty to gain from the arrangement – for both your business and your employees.

1) 
Telecommuting prevents interruptions in workflow. A dead car battery … a sick kid who needs bed rest … an appointment for cable hook-up – for all the reasons an employee has to come in late or miss work altogether, he or she could log in to his desktop at home and still get work done. Deadlines don’t have to be compromised just because an employee is home-bound.

2) 
Telecommuting reduces stress and boosts productivity. It’s no surprise that the workplace can be a stressful place. Frazzled, stressed-out employees are not effective – they’re present, but they’re not productive. In a more relaxed, home environment, they can focus on the task at hand without the frayed nerves.

3) 
Telecommuting trims your overhead costs and doesn’t require expensive equipment. In most cases, a telecommuting employee only needs a computer, internet access and a phone. They probably already have these items available at home, which means no additional costs for your business to get them up and running. And if your company is growing, it can do so without the need for additional workstations or office space.

4) 
Telecommuting supports a healthy life/work balance. Most employees long to spend more quality time with their families. Just by eliminating the bumper-to-bumper commute and other time-drainers in the workplace, employees can complete their work PLUS enjoy more time with their children, spouses or partners. This morale-booster alone can help you retain qualified employees who might otherwise look for work elsewhere.

5) 
Telecommuting is “green” and good for the globe. During this time of increased environmental awareness and rising oil prices, telecommuting makes more sense. Fewer people driving to and from work means fewer cars on the roads guzzling gasoline and polluting the environment.

Practical pointers to keep in mind

Obviously, telecommuting isn’t appropriate for every employee or situation. For remote arrangements to work, employees need to be disciplined, organized and self-motivated. With no one watching their every move, they may be tempted to slack off or abuse the privilege.

Encourage your telecommuters to touch base with a manager or direct report regularly (by phone or email), and feel free to restrict telecommuting with local employees to a couple of days a week.

Finally, you need a system for tracking the hours an employee spends working remotely. This is especially important with non-exempt, hourly workers, who are required to take meal and rest breaks and provide you with a record of all time worked. Bottom line: Wage and hour rules still apply, even if an employee is working from home.
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SHRM encourages lawmakers to update FLSA to meet changing needs

The Society for Human Resource Management (SHRM) recently came before the U.S. House Subcommittee on Workforce Protections with an urgent message: Update the 73-year-old Fair Labor Standards Act (FLSA) to satisfy the demands of today’s workplaces.

According to Nobumichi Hara, an HR executive and SHRM member who testified at the Congressional hearing, “The FLSA reflects the realities of the industrial workplace in the 1930s and not the workplace of the 21st century.”

As senior vice president of human capital for Goodwill of Central Arizona in Phoenix, Hara drew on his own experience to illustrate some of the FLSA limitations he’s encountered with Goodwill employees. Specifically, he expressed concern that the FLSA doesn’t permit employers to provide flexible workplace benefits, such as flextime, telecommuting and compressed workweeks, to millions of nonexempt (or hourly) workers.

In his closing remarks, Hara shared the sentiment of many who testified – that reform of the FLSA would encourage employers to better meet the needs of their employees.
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It's hotter than blazes! How to protect workers when temperatures soar

Today's post comes from G.Neil's HR News Weekly:

For much of the country this summer, daily highs in the 80s, 90s -- and even 100s -- are the norm. Record heat is gripping the nation, leaving outdoor workers vulnerable to heat-related illnesses like heat exhaustion and heat stroke. Secretary of Labor Hilda L. Solis, along with other experts, urges all employers to take the proper precautions to protect workers from intense heat.

Some of the recommendations:

=> Devise a work site plan that outlines prevention measures and ensures that medical services are available to respond to a potential emergency
=> Provide ample amounts of water at work sites and remind workers to drink small amounts frequently (every 15 minutes)
=>Schedule rest breaks throughout work shifts and provide shaded or air-conditioned rest areas near work sites
=>Allow new workers to get used to the extreme heat, gradually increasing the work load over a week's time
=>As much as possible, schedule strenuous tasks earlier in the day

Remember: The three keys to preventing heat-related illnesses are 1) WATER, 2) REST, 3) SHADE.
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8 essential tips when hiring temps

For many small businesses, hiring temps is the perfect solution during seasonal upswings or when extra help is needed because someone is out on maternity or disability leave. Or perhaps you’re looking to fill a recently vacated position but want to “test the waters” first: A temporary worker can be offered a full-time position if you’re happy with his or her performance after a certain period of time.

While there are many advantages to hiring temps, there are precautions to consider, as well. Keep the following in mind when hiring temporary workers:

1) Temporary employment involves a set period of time, such as days, weeks, months, the duration of a special project or the length of time a permanent employee is out. Generally speaking, an employee is either full-time or part-time, regardless of temporary status. This matters because certain federal and state employment laws apply to employers based on the number of employees -- and may or may not count temps in the total.

2) When you work with a staffing agency, the agency is responsible for recruiting, screening, testing and hiring workers; handling timekeeping, payroll and related taxes; and providing unemployment and workers’ compensation insurance. If you decide to use an outside agency, you’ll typically pay a fee that includes the candidate’s hourly rate and the agency’s markup to cover the above services.

3) Even if the agency oversees the above services, you are considered the temp’s co-employer. As such, you need to be mindful of workplace issues like safety, preventing discrimination and harassment, and wage and hour compliance under the Fair Labor Standards Act (FLSA).

4) If you hire the temp directly, you will need the individual to fill out an I-9 form and provide the appropriate documentation verifying his or her eligibility to work in the United States. The temp also must fill out a W4 so you can process the correct withholdings for payroll.

5) At the very beginning of the temp relationship, specify the pay rate, pay period, pay day, eligibility for benefits (if any) and length of employment. Remember that if a temporary, non-exempt employee works more than 40 hours in a workweek, he or she is entitled to overtime pay for those hours.

6) You are not required to provide paid time off (vacation, sick or personal days) to temporary employees. You don’t have to extend health insurance either. Many employers consider this a significant cost savings -- and benefit -- to hiring temps.

7) Whether you’re working with an agency or hiring a temp on your own, it’s important to explain the job, the skills needed and your basic expectations. Take the time upfront to work through these details to ensure a good fit and avoid problems down the road.

8) This should go without question, but always treat your temp workers with the same respect and care you do your permanent staff. Tammy is not “just a temp,” but an important part of your workforce, if even for a short amount of time.
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Discrimination against job seekers a persistent, national problem

As if the nationwide hiring slump and struggling economy weren't challenging enough, job seekers often encounter debilitating discrimination based on their race, sex, age, national origin or other protected characteristic. This was the conclusion - and source of discussion - by a group of experts in an Equal Employment Opportunity Commission (EEOC) meeting.

EEOC General Counsel P. David Lopez opened the meeting by singling out a hiring case involving Wal-Mart rejecting two deaf applicants. As part of the negotiated settlement (for which Lopez was an EEOC trial attorney), the mega retailer aired a commercial on Arizona television featuring the two individuals telling their story and informing the public about the nation's equal employment laws.

"Unfortunately, discriminatory hiring practices … continue to exist," Lopez advised.

Bill Lann Lee, a former U.S. assistant attorney general for Civil Rights, implored the EEOC to combat hiring discrimination. "Systemic discrimination in hiring today is particularly disheartening to communities where joblessness has put the American Dream on hold," he said.

Lee continues: "Hiring discrimination is a fundamental problem; it often denies more than one employment opportunity, cutting off future opportunities as well."

Among the other participants, Marc Bendick, an employment discrimination researcher for Bendick & Egan Economic Consultants, Inc., shared that unfair hiring practices are especially problematic in the following industries: advertising, construction, firefighting, restaurant, retail, employment placement, financial services, television and film production, and high technology.

Finally, Rae T. Vann, general counsel of the Equal Employment Advisory Council - an organization of major employers - underscored the need to train and monitor staff involved in the hiring process.
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OSHA moves to update recordkeeping and reporting requirements for low-risk industries

Today's post comes from G.Neil's HR News Weekly:

A recent proposal by the Occupational Safety and Health Administration (OSHA) would exclude certain low-risk industries from injury and illness recordkeeping and reporting requirements. In consideration of the proposal, OSHA is seeking input on questions such as:

=> Which industry sectors, if any, should be ineligible for partial exemption?
=> Should OSHA consider numbers of workers injured or made ill in each industry in addition to industry injury/illness rates in determining eligibility for partial exemption?
=> Should OSHA regularly update the list of lower-hazard exempted industries? If so, how frequently should the list be updated?


In addition to considering a list of "lower-hazard" industries eligible for partial exemption, OSHA is proposing that employers report all work-related fatalities and in-patient hospitalizations within eight hours (and amputations within 24 hours). Currently, employers only have to report these incidents if they involve three or more employees. 

OSHA is accepting comments and feedback on the proposed changes through September 20, 2011.

The ComplyRight™ OSHA Recordkeeping System not only takes the guesswork out of the latest regulations, but it also makes it easy to complete the mandatory OSHA forms and post OSHA safety information - in full compliance with the law.
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OSHA to focus on forklift hazards in four states

Today's post comes from G.Neil's HR News Weekly:

Under a new regional inspection program, the Occupational Safety and Health Administration (OSHA) hopes to reduce fatalities and serious injuries caused by forklifts and powered industrial trucks. The program will focus primarily on employer compliance in warehouses and service companies in the states of Alabama, Georgia, Florida and Mississippi. (If a company is the subject of a complaint inspection or site-specific targeting inspection, however, it will be checked for forklift violations, too).

Inspections will cover:

•    Operator training – Employees should be trained for the specific vehicle they’re operating (and each vehicle they operate), and re-evaluated every three years, per OSHA standards. OSHA investigators will observe actual forklift operations and interview employees to determine compliance with operating, traveling and loading requirements.

•    Maintenance and repair – Forklifts and powered industrial trucks should have the appropriate load plates and fully operational safety equipment. Investigators will review the shift pre-operation inspection checklist, as well as the company’s procedures for correcting equipment defects and problems.

•    Clear pathways – Just as important as proper training and the condition of the vehicles themselves are the pathways the forklifts travel. Investigators will look for clearly visible pathways, which are necessary to reduce “struck by” hazards.

Check out our Forklift Training Compliance Bundle for all the tools you need to ensure compliance – a 2-disc forklift safety training program, a forklift safety poster, a forklift operator’s daily checklist and a forklift operator evaluation form.
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Latest move from NLRB would clear the path for unionization

First, the National Labor Relations Board (NLRB) proposed a mandatory workplace posting informing employees of their rights to unionize (which we're closely monitoring). Now, the agency would like to make it even easier for employees to unionize, thanks to a proposal that would change some of the organization rules.

In a nutshell, the NLRB's "Notice of Proposed Rulemaking" would give employers and management less time to build a case against organizing, require employers to make employee information (like personal phone numbers and email addresses) available to union officials, and delay the resolution of disputes over which employees can vote in the secret ballot elections.

A press release by the NLRB explains that, "The proposed amendments are intended to reduce unnecessary litigation, streamline pre- and post-election procedures, and facilitate the use of electronic communications and document filing."

What would happen if your employees formed a union? More important, do you have the knowledge you need to help keep unions out of your workplace?

With greater awareness and appropriate action, you can strengthen your anti-unionization position without undermining the rights of your employees. The following strategies can help reinforce your position as a fair employer and eliminate the common causes for employee unionization:

Tip #1: Encourage open communication
Open and clear lines of communication between management and employees are vital. To support an open-door communication policy, you should use meetings, workshops and suggestion boxes to learn about employees’ needs; make appropriate business information available to employees; develop a grievance process to address problems promptly; and communicate your open-door policy via emails, distributed materials and workplace postings.

Tip #2: Conduct an employee attitude survey
Not all employees will be forthright in sharing their frustrations with management. Conducting an employee attitude survey is an ideal way to capture employee opinions in a safe and non-threatening manner. Break the survey into sections (such as “working conditions” and “company culture”), set up the survey in a format you can easily administer, compile the results quickly and discuss the results among company management.

Tip #3: Train and support your supervisory personnel
Qualified, well-trained supervisors and managers go a long way toward keeping a company union-free. Invest in their success by meeting regularly to discuss any issues that may be brewing, as well as conducting periodic training workshops that address the latest trends in union organizing and the dos and don’ts of unionizing efforts.

Tip #4: Review company policy regarding solicitation, distribution and access
You may prohibit employee solicitation and distribution of pro-union literature during working time and in work areas. In most cases, you can also prohibit non-employee union representatives from conducting business on company property. The key to avoiding any legal complications regarding these rules is to put them in writing via company policy – and prior to the onset of a union organizing campaign.

Tip #5: Offer competitive wages and benefits
Non-competitive wages and meager benefits are some of the biggest sources of employee discontent and in turn, contributors to union-organizing activity. After considering your industry and geographic location, you should conduct periodic wage and benefit surveys to make sure you’re in line with recognized standards. Consider cost-of-living adjustments, medical care benefits, paid time off, and profit-sharing and employee stock options.

Tip #6: Resolve employee disputes promptly
In addition to giving employees multiple channels for voicing their frustrations, you need to develop clear-cut procedures for resolving their concerns. This may involve a peer review group that meets on a regular basis, appointing an intermediary to investigate more serious complaints and conducting regular training on conflict management principles.
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If employee engagement and retention are your biggest concerns, you're not alone

According to a survey from the Society for Human Resource Management (SHRM), employee engagement will be the biggest HR challenge employers face in the next three to five years.

The concern ranked "very important," topping the list for 69 percent of HR professionals. Close on its heels was employee retention (63 percent), followed by employee recruitment (53 percent) and culture management (51 percent).

Luckily, 80 percent of the HR professionals who participated in the survey also shared that their companies have an employee recognition program. This is good news because recognition can be a big factor in whether or not employees are "plugged in" and, as a result, loyal. It's all related: Recognition feeds engagement, and engagement feeds retention.

Looking for ways to motivate your employees? Here are 10 simple ideas to ramp up your recognition efforts:

1. Leave a handwritten thank you card at their desk.

2. Appeal to their sweet tooth. Chocolate, candy and cookies always do the trick.

3. Buy them a small gift certificate to their favorite coffee shop.

4. Invite them to join you for lunch.

5. Sit down with them and have a sincere, non-work related conversation.

6. Recognize a star employee’s recent efforts at a company meeting, and give the employee a personalized certificate to mark the moment.

7. Find small gifts for hard-working employees to keep at their desk. Anything from fun-shaped sticky notes to a smart-looking pen will work.

8. Create an event. Have a crazy hat day or favorite sports team day; give an award for the best dressed.

9. Bring breakfast to the office.

10. Call employees into your office to tell them what a great job they’ve been doing lately.

Remember what Zig Ziglar once said, “People often say that motivation doesn't last. Well, neither does bathing - that's why we recommend it daily.”

It’s up to you to motivate your employees on a daily basis. Even something as small as a thank you note can go a long way.
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EEOC may extend recordkeeping requirements to GINA-covered entities

Today's post comes from G.Neil's HR News Weekly:

The Equal Employment Opportunity Commission (EEOC) is recommending an extension of the recordkeeping requirements under Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA) to employers and entities covered by Title II of the Genetic Information Nondiscrimination Act (GINA).

To clarify all those acronyms and numbers, what this means is this: The EEOC would like to update the current Title VII and ADA recordkeeping regulations to add references to GINA. According to the EEOC, the proposal wouldn't create additional documents or impose any new reporting requirements. Rather, it would extend the same record retention requirements under GINA that are imposed under Title VII and the ADA.

(As a reminder, Title II of GINA prohibits the use of genetic information to make employment decisions, while also restricting the acquisition or disclosure of genetic information by employers and other GINA-covered entities.)

The EEOC is accepting comments on the proposed rule until August 1, 2011. Check back here for updates.
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Drawdown in Afghanistan: Are you ready for soldiers returning to work?

With Obama announcing that he will pull 10,000 troops from Afghanistan by December 2011 (and another 23,000 by the end of next summer), it's time to get up to date on USERRA.

If this makes you cringe a little, you're not alone. USERRA requirements are tricky for many employers.  In fact, a 2010 poll conducted by the Society for Human Resource Management (SHRM) revealed that only 9 percent of respondents were “extremely familiar” with USERRA, while 52 percent claimed to be “somewhat familiar” and an alarming 39 percent of respondents claimed to be unfamiliar with the law.

No more excuses! Only if you're thoroughly debriefed on the details of the law can you be certain you're giving returning soldiers every advantage in the workplace.

The rights of employed military members

USERRA is the primary federal law that provides employment and reemployment rights for members of the uniformed services, including veterans and members of the Reserve and National Guard. It prohibits employers from discriminating against employees in regard to hiring, firing, promotion, training or any other terms of employment based on past, present or future military service. The law:

•    Applies to all employers, regardless of size
•    Covers anyone in federal uniformed services, including full-time, part-time, temporary, probationary and seasonal workers on active duty, reserve duty, or in training
•    Also protects intermittent disaster response personnel

At its core, USERRA requires that you give employees a military leave of absence of up to five years. Employees who take a military leave of absence are entitled to accrue benefits based on seniority, to pay for continued health care coverage, and to participate in insurance and other benefits not based on seniority. 

To be eligible for reinstatement, the returning veteran must notify you that he or she intends to return once military service is completed. The amount of time the veteran has to contact you regarding reemployment depends on the length of service:

•    For service less than 31 days, the individual must return at the beginning of the next regularly scheduled work period on the first full day after release from service (taking into account safe travel home plus an eight-hour rest period)
•    For service more than 30 days but less than 181 days, the individual must submit an application for reemployment within 14 days of release from service
•    For service of more than 180 days, an application for reemployment must be submitted within 90 days of release from service

The escalator principle

Remember: When a service member returns from active duty of five years or less, that individual is entitled to any increases in seniority, promotions, pay and benefits that would have been received had he or she never left – a legal concept known as the “escalator principle.” USERRA also requires that you provide any training or retraining necessary to enable returning service members to refresh their skills, thus allowing them to qualify for reemployment.

USERRA also provides protection for disabled veterans, requiring employers to make reasonable efforts to accommodate the disability. Service members recovering from injuries received during service or training are allowed up to two years from the time they completed service to return to their jobs or apply for reemployment.
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It's back: Mandatory E-Verify law reintroduced in the House

Today's post comes from G.Neil's HR News Weekly:

If a recently proposed bill gains traction, all employers may one day be required to use E-Verify to check an applicant's eligibility to work in the United States. The Secure America through Verification and Enforcement (SAVE) Act is a bipartisan bill that was recently reintroduced in the House of Representatives. If implemented, the bill would create a four-year phase -in period for using E-Verify with potential and current hires, as follows:

=> Federal government, federal contractors and large employers with 250+ employees - within one year
=> Companies with 100 to 250 employees - within two years
=> Companies with 30 to 100 employees - within three years
=> All other employers - within four years


In addition to E-Verify compliance for employers, the SAVE Act would enhance border security and step up enforcement of existing immigration laws. Keep in mind that the bill is one of many versions of legislation introduced in the House and Senate since 2007, all which have failed to advance.

Even if you don't currently use E-Verify with your new employees, you still must confirm that they are eligible to work in the United States. Ensure you're up to date on the latest immigration laws, and fulfill mandatory verification requirements, with our Forms I-9 and other practical tools.

Previous posts:

New E-Verify tool helps job seekers verify employment eligibility

Getting better versed about E-Verify

USCIS issues User Manual to clarify E-Verify for federal contractors
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The high cost of gas ... on our pocketbooks and our productivity

Soaring gas prices are a real pain. Not only on our personal finances ("can I afford this week's groceries AND a full tank of gas?"), but also on workplace morale. Not seeing the connection? The following article from G.Neil's HR Library sheds some light on the subject:

Most employers know about the impact of poor employee motivation, lacking of rewards or communication problems on employee morale and productivity. But have you factored in the price at the gas pump?

High gas prices are not only draining employees’ pocketbooks, but also their work productivity, according to Florida State University (FSU) researchers. In 2008, studies at FSU showed that the more employees must pay out at the gas pump, the more stressed they are at work, says Wayne Horchwarter, the Jim Moran Professor of Management at Florida State University’s College of Business.

Three years later, in an economy where job losses, underemployment and flat wages have hurt employee buying power even more, Dr. Horchwater's findings are even more significant. So what an employer to do?


Get creative with the high cost of employee commuting

The average commute time to work in this country is about 42 minutes. Double that to account for the trip home at the end of the day, and you have just under an hour and a half of non-productive employee time spent getting to and from work. And a lot of gas money.

For many employees, work means sitting in a an office or cubicle working on a computer monitor. So why all that driving? Habit. Tradition. Fear of loss of control. Maybe it's time to let those excuses go.

If your employees are suffering with the high cost of commuting, consider letting them work remotely two or three days a week. The savings in gas and auto wear-and-tear will feel like a raise to struggling employees. And your company will save on electricity, plus reap a reward in increase employee motivation and morale.
 

Flex your corporate muscles - and the schedule 

In some businesses, being in a certain place at a certain time is critical. But does everyone have to start and end during rush hour? Offering employees the option of starting and ending before or after rush hour could save them money at the pump. Less sitting in traffic means a shorter commute and better gas mileage - a double win for employees hungry for fatter wallets and more time with family and friends. And a win for your company as employee motivation and morale starts to rise. 

Pay salaries employees for work completed, not seats warmed   

If a salaried employee comes in and works 14 hours on Monday, and 14 hours on Tuesday, and 14 hours on Wednesday, and gets everything on their plate completed, why are you making them come in on Thursday and Friday? Stop looking at work as hours on the job, or days of the week, and consider letting exempt employees work on a project basis instead. Apple, Google, Microsoft and other leaders in thought and technology work this way, so why not your company? Employees who are allowed to work on projects rather than hours report higher company loyalty, higher levels of employee motivation, and higher levels of productivity. And that doesn't even take into account the day or two a week of savings on gas and tolls.

If employee motivation matters, show it 

When real buying power is dropping - and employee motivation and productivity is falling with it - employers need to address the problem. And when raises and bonuses aren't on the table, make sure something creative takes their place. Your business could depend on it.
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