HR Forum

Mark your compliance calendar: New NLRA poster to be posted by April 30, 2012

2012-01-06T16:31:00.001-05:00

Good news for all you professional procrastinators. Just when you were all geared up to order the new mandatory NLRA posting, the National Labor Relations Board has pushed back the effective date. Rather than January 31, 2012, the deadline for posting the employee rights notice is now April 30, 2012.

The NLRB postponed the date at the request of the federal court in Washington, D.C., which is involved in a legal challenge regarding the rule. The court expects to resolve the legal issue in the months leading to this modified deadline.

EEOC to get more involved with small businesses

2011-12-20T11:48:00.000-05:00

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.

Making smarter dietary choices while at work

2011-12-15T16:56:00.000-05:00

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.

Breathing new life into your employee of the month program

2011-12-13T17:52:00.000-05:00

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.

Compliance reminder: NLRA posting deadline is January 31, 2012

2011-12-05T14:39:00.000-05:00

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.

EEOC reports record number of discrimination filings for FY 2011

2011-11-29T20:54:00.000-05:00

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.

Do you appreciate your employees? 10 ways to show it!

2011-11-23T15:23:00.001-05:00

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.

Holiday cards and employee morale: Don't underestimate the connection!

2011-11-17T12:52:00.000-05:00

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.

A great way to honor our vets? Help them get jobs!

2011-11-11T15:24:00.000-05:00

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.

The economy stinks but retailers still need seasonal help

2011-11-08T19:26:00.000-05:00

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.

DOL and Facebook -- A partnership job seekers are sure to "like"

2011-11-02T13:13:00.000-04:00

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.

Train managers on union-related dos and don'ts

2011-10-28T20:00:00.001-04:00

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.

Returning soldiers shouldn't have to fight for their USERRA rights

2011-10-26T15:56:00.001-04:00

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”

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

2011-10-24T17:45:00.000-04:00

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.

Victims of domestic violence could take FMLA leave under proposed bill

2011-10-21T12:23:00.000-04:00

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.

8 important tips when hiring temps

2011-10-19T15:46:00.000-04:00

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.

DOL wants you to know ... there's an app for that

2011-10-17T12:36:00.000-04:00

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 ..."

IRS gives businesses a chance to correct worker misclassification

2011-10-12T11:57:00.000-04:00

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.

Rudeness on the rise! How to banish bad attitudes in the workplace

2011-10-07T17:03:00.000-04:00

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.

Compliance update: Deadline extended for new mandatory NLRA posting

2011-10-06T13:38:00.000-04:00

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.

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

2011-10-03T12:01:00.000-04:00

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.

What it takes to be a workplace that empowers women

2011-09-22T17:06:00.000-04:00

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.

Paid sick leave gets a healthy boost in Seattle

2011-09-16T12:54:00.000-04:00

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.

DOL changes up its online enforcement database for easier, more open access

2011-09-16T11:20:00.000-04:00

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 .

Time-management tips for working smarter, not harder

2011-09-08T12:54:00.000-04:00

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.

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

2011-09-06T15:57:00.000-04:00

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.

Filing deadline for VETS-100/100A reports extended; pending bill would require online posting

2011-08-30T20:40:00.000-04:00

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.

Essential steps to stay up and running in a disaster

2011-08-25T12:32:00.000-04:00

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.

The top 5 reasons to let employees telecommute

2011-08-09T17:09:00.000-04:00

“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.

SHRM encourages lawmakers to update FLSA to meet changing needs

2011-08-02T18:00:00.000-04:00

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.

It's hotter than blazes! How to protect workers when temperatures soar

2011-07-26T16:06:00.001-04:00

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.

8 essential tips when hiring temps

2011-07-20T00:41:00.000-04:00

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.

Discrimination against job seekers a persistent, national problem

2011-07-14T12:48:00.000-04:00

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.

OSHA moves to update recordkeeping and reporting requirements for low-risk industries

2011-07-12T12:24:00.000-04:00

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.

OSHA to focus on forklift hazards in four states

2011-07-06T11:49:00.000-04:00

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.

Latest move from NLRB would clear the path for unionization

2011-07-01T13:50:00.000-04:00

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.

If employee engagement and retention are your biggest concerns, you're not alone

2011-06-29T08:30:00.007-04:00

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.

EEOC may extend recordkeeping requirements to GINA-covered entities

2011-06-27T13:15:00.000-04:00

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.

Drawdown in Afghanistan: Are you ready for soldiers returning to work?

2011-06-23T19:26:00.001-04:00

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.

It's back: Mandatory E-Verify law reintroduced in the House

2011-06-21T20:15:00.000-04:00

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

The high cost of gas ... on our pocketbooks and our productivity

2011-06-16T18:43:00.000-04:00

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.

Hurricane season is here! 5 tips to help you prepare

2011-06-14T15:27:00.000-04:00

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

The 2011 hurricane season has officially begun … and the forecast isn’t pretty. Experts predict an “above normal” season with approximately 17 names storms and nine hurricanes (five coming in as a Category 3 or higher). If such predictions hold true, businesses can expect disruptions, whether from emergency response measures, power outages or actual damage to facilities.

To stay connected and prevent significant setbacks this hurricane season, you should:

1)    Invest in a back-up generator and stock up on batteries. If you’re unable to maintain electrical power, you’ll lose your Internet connection.
2)    Subscribe to a resilient, high-speed Internet service (such as satellite broadband) to secure communications between company decision makers and emergency operators, as well as to ensure your email, product orders and other essential information are maintained if your terrestrial network fails.
3)    Determine which applications and data are essential (such as emergency response plans, accounting documents and inventory logs). Then, back up the information regularly, and store it in a safe, dependable location. (Consider an off-site location, in case of flooding.)
4)    Keep one or more corded phones connected to a wall jack, so that you have telephone service in the event of an electrical-only outage.
5)    Do not hesitate to put your Web hosting provider on alert, especially if you suspect you’ll lose service for a long period of time.

Planning is key! To be certain your company is ready for a natural disaster (or other on-the-job emergency or hazard), follow the above tips and check out our emergency preparation and response items.

How the recently updated FLSA regulations may impact your business

2011-06-10T13:42:00.000-04:00

On May 5, 2011, a handful of updated Fair Labor Standards Act (FLSA) regulations went into effect, according to the final rule published in the Federal Register a month earlier. While many expected these long-awaited revisions to address issues with the 2008 proposed rule, the final changes offer clarification more than actual new requirements.

The FLSA updates are especially relevant for employers who use the FLSA “tip credit” to meet minimum wage requirements, as well as those with salaried, nonexempt employees compensated under the fluctuating workweek payment method.

To keep you on track with the latest guidelines, here’s a summary of the key changes:

Tip credit – In general, the FLSA requires employers to pay employees a minimum wage of $7.25 per hour. However, a “tip credit” provision allows you to pay tipped employees below minimum wage, as long as the wage and the employees’ tips equal at least the minimum wage when combined. Under the final rule, an employer using a “tip credit” must inform employees of its use in advance, as well as explain the direct cash wage the employee is being paid and the additional amount the employer is using as a credit against tips received.

Tip pools – Regarding tip pooling (placing all tips in a common pool for disbursement), the pool can only include employees who “customarily and regularly” receive tips. If non-tipped employees are in the pool, you cannot take a tip credit and must instead pay the full minimum wage. Under the tip pooling provision, you must also:

•    Notify employees of any mandatory tip pool contributions
•    Only take a tip credit for the amount of tips each employee ultimately receives
•    Avoid retaining any of the employees’ tips for any other purpose

Fire protection activities – The final rule eliminates the “20 percent rule” for employees engaged in fire protection activities, such as firefighters, paramedics, emergency medical technicians, rescue workers, ambulance personnel and hazardous material workers. These individuals are no longer included among the exempt employees who may spend up to 20 percent of their working time on nonexempt, non-fire protection work. This 20 percent provision now applies to law enforcement personnel only.

Proposed changes that didn't make the cut ...

Just as significant as the new regulations that passed were those that didn’t. The DOL rejected a handful of proposals (or clarifications to existing regulations), including:

“Fluctuating workweek” method of calculating overtime for salaried, nonexempt employees – The fluctuating workweek method of overtime allows employers to pay a fixed salary to nonexempt employee whose hours vary from week to week – and to only pay the employee at a rate of one-half the regular hourly rate for any overtime hours worked in a week. Under an earlier proposal, bonus or premium payments would have been included in calculating the regular rate. This was dismissed, however, since critics feared it would lead employers to reduce fixed weekly salaries and shift the bulk of wages to bonus and premium pay.

Granting of requested compensatory time – Also dismissed was a proposal to allow public-sector employees to grant compensatory time requested “within a reasonable period” of the request, instead of the specific dates submitted. The DOL upheld its longstanding position that employees are entitled to use compensatory time on the dates they request, as long as it doesn’t cause undue disruption to the business.

Overtime exemption for certain employees – The DOL will not allow the following to qualify for an overtime exemption: service managers, service writers, service advisers, service salesmen, sellers of boats, trailers and aircraft, partsmen, and mechanics servicing trailers or aircraft.

Meal credits – Finally, the DOL will not permit an employer to count the cost of a company-provided meal toward the employee’s minimum wage, whether or not accepting the meal is voluntary.

Remember:
While many of these FLSA updates are specific to certain businesses and industries, others have more far-reaching application. Now is the time to carefully review the changes to ensure you’re in compliance with the latest rules.

Hiring illegal workers would be a costly mistake under proposed bill

2011-06-07T14:27:00.000-04:00

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

If legislation introduced by the House of Representatives to amend the Immigration and Nationality Act passes, employers would face significantly higher fines for hiring illegal workers. The 10k Run for the Border Act (strange name, we know!) would increase the fines for knowingly hiring or recruiting undocumented workers (or continuing to employ illegal workers despite their undocumented status), as follows:

•    $10,000-$80,000 per violation (currently $250-$2,000)
•    $80,000-$200,000 per violation for employers with a prior violation (currently $2,000-$5,000)
•    $120,000-$1.6 million for repeat offenders (currently a minimum penalty of $3,000 and maximum of $10,000)

In another component of the bill, state or local law enforcement officials who assist in the investigation or prosecution of employers would be entitled to 80 percent of the fines paid by those employers. It follows that this sort of incentive would increase enforcement.

Check back here for updates on the proposed bill. (It should be noted that prior versions of this bill have been introduced in the past six years, but didn’t advance.)

In the meantime, be certain that you’re up to date on the latest immigration laws, and properly verifying the eligibility of all employees, with our Forms I-9 and other practical tools.

Psst ... Most Americans actually like their jobs

2011-06-02T18:01:00.000-04:00

That's right! According to a recent Gallup poll, 87.5 percent of American workers say they are A-OK with their jobs.

Tipping the satisfaction scale are those who earn higher salaries and college graduates. More than 91 percent of people bringing in $90,000 or more a year are content with their jobs. (While this drops to 82.1 percent for people who earn less than $36,000 a year, this is still a strong showing). In addition, college grads are more likely to claim they're satisfied than those with less than a high school diploma.

Whites are the most satisfied of all racial groups, and there's no satisfaction gap between men and women. Guys and gals reported fairly equal levels of job satisfaction in the survey.

So if you're white, a college graduate and making close to six figures, you have every reason to whistle while you work!

You've gathered the absence data ... but now what?

2011-05-31T17:50:00.001-04:00

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

You’re well-versed in the Fair Labor Standards Act (FLSA) time and pay laws, you keep careful records of each employee’s attendance and you’ve even identified your company’s biggest attendance issues. But that’s where it stops, according to a Liberty Mutual survey of 300 human resource and benefits professionals conducted in April 2011.

The survey found that employers are making the effort to stay informed and track attendance, but they’re not using the numbers to address the bottom-line impact of employees missing work. Specifically, 53% of respondents ranked compliance with state and federal leave laws as their greatest concern, yet nearly 50% didn’t know the cost of absence within their own workplaces.

That can be an expensive mistake! The U.S. Department of Labor (DOL) calculates that uncontrolled employee absence costs employers $100 billion per year, based on 2009 data.

“While employers are clearly aware of how important it is to comply with leave regulations — and are therefore tracking these leaves — many haven’t taken steps to use the data they collect to proactively manage absence and control the total financial impact on their companies,” says Heather Luiz, disability product manager for Liberty Mutual Group Benefits. insurancenewsnet.com

From at-a-glance tracking sheets to software, G.Neil offers a variety of practical tools to help you manage attendance, employee vacations, sick time and other time off.

Beyond the tracking, it's up to you to review the data and look for weaknesses in employee attendance. Is it a certain handful of employees who call in sick or come in late month after month? It may be time for these employees' managers to have a heart-to-heart talk with them about what is going on and what they expect going forward. If your attendance rules are clear and you enforce them consistently, this type of counseling shouldn't pose any problems.

Managing medical leave - and preventing FMLA abuse - can be a little trickier. In addition to the administrative side of FMLA leave (requiring leave request forms and medical certifications, for example), you'll need to track used and available FMLA time based on the latest federal regulations.

Dos and dont's for a successful, company-sponsored fundraising program

2011-05-24T19:27:00.000-04:00

It’s been said, “Charity begins at home, but should not end there.”

Indeed! Charity fundraising within the workplace is an excellent way to support worthwhile causes while giving back to the local, regional and national community. At the same time, it offers distinct benefits to your employees who participate, including enhanced camaraderie and team-building.

So what does it take to build a successful fundraising program that raises valuable dollars AND employee engagement? Here are some important dos and don’ts to keep in mind:

Do choose charities and nonprofit organizations that complement your corporate culture. Which charities pair well with your company’s mission statement and overall image? Generally speaking, there are eight types of charitable organizations, including religion, education, foundations, health, public-society benefit, humanities, international affairs, and environment and animals.

Do survey your staff to determine which charities interest them most. Involving your employees in the selection process early on should boost the support for your fundraising efforts later.

Do your homework and only choose charitable organizations with a solid reputation and strong service record. Remember: Your company will be associated with the cause – for better or for worse.

Don’t neglect to set goals for your fundraising efforts. Your objectives might include raising a certain amount of money, volunteering a set number of hours, getting a certain percentage of employees involved or establishing your company as a community leader.

Do consider the various ways your company can raise funds, such as monetary donations, special events (like auctions, bake sales and walking relays) and contests. Securing monetary donations is probably the most common, where companies may choose to match employee dollars to raise even more money.

Do get your employees involved. Fundraising activities are a great way to connect employees and unite them on non-work related projects. You might be surprised at how energized employees become for certain causes and what they so willingly bring to your program.

Don’t overlook the resources required for certain fundraising activities, such as up-front expenses and the time employees will need to volunteer to coordinate and participate in activities. Be careful that events aren’t too disruptive or interfere with your company’s workflow.

Do celebrate your success. Talk up your efforts and achievements through social media channels like Twitter and Facebook, as well as on your website and corporate blog. Contact your local papers and radio stations, too, to share especially strong results.

No more pity parties ... time to throw a pizza party!

2011-05-18T19:00:00.000-04:00

Ahhhh, the power of pizza. It's amazing how a fresh-baked pie, piled high with your favorite toppings, can make any gathering or get-together that much better. Recruiting a group of friends to help you move? Order pizza! Staying in to watch the big game? Order pizza! Hosting a backyard birthday bash? Order pizza!

Want to show 14,000 employees that you appreciate all their hard work and dedication? Order a truckload of pizza!

You heard that right. Men's Wearhouse Inc. recently arranged a surprise pizza delivery to every store across North America - to the tune of more than 42,400 pizza slices at 1,200+ store locations throughout the U.S. and Canada.

The reason? "The belief that our company should be a fun and rewarding place to work is central to our corporate culture," said Julie Panaccione, VP of Events, who coordinated the delivery. "Pizza was just one way to express our gratitude for each and every one of our associates' efforts."

The pizza extravaganza is another example of how Men's Wearhouse puts its money where its mouth is. It also throws annual black-tie parties, maintains on-site child care and offers fully paid work sabbaticals. The company, which was founded on the principle that it's more than "just a job," is obviously doing something right. Earlier this year, Men's Wearhouse made FORTUNE's "100 Best Companies to Work For" list for the 10th time since 2000.

Although I recognize that times are tough and that not every company can afford an all-out pizza blitz to reward its employees, I'm certain we can all learn something from this retailer's initiative. Whether it's a hand-written thank you note or a shout-out at the next company meeting, making an effort to single out and applaud your employees matters. That is, if employee motivation, employee morale and employee satisfaction matter. Human resource management means many things, but nothing will contribute more to your company's success than employees who feel necessary and needed.

And I repeat ... Nothing will contribute more to your company's success than employees who feel necessary and needed.

So you might hold the onions or anchovies, but don't hold the praise! For more ideas and insight on employee motivation, take a look at this article in our HR Library.

Survey reveals doubts that businesses are doing enough to prevent discrimination and identity theft

2011-05-17T12:49:00.000-04:00

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

According to a recent survey of 1,000 people for the Chubb Group of Insurance Companies, approximately one out of every three Americans has concerns that businesses are:

•    Protecting employees from gender discrimination – 30%
•    Guarding employees from other forms of workplace discrimination – 32%
•    Shielding consumers from theft of personal information – 32%

Chubb executives offered an explanation for the survey results, as well as precautions for businesses operating in such a legally sensitive and tech-driven environment.

Pointing out that a record-high number of discrimination charges have been filed with the EEOC, Catherine Padalino, vice president and employment practices liability product manager for Chubb, advised, “ … employers should continually review and adhere to anti-discrimination and anti-retaliation policies and procedures, keep abreast of changes in employment laws and seek outside counsel when facing discrimination charges or considering employee layoffs.”

Regarding potential cyber breaches, Tracy Vispoli, senior vice president and Chubb’s worldwide cyber security liability manager, shared, “A company’s board of directors needs to understand the risk associated with the theft of employee and customer information. This is more than just an IT issue. Although companies can help mitigate the risk by following best practices, they also need to have contingency plans in place before a data breach occurs.”

Train your staff to prevent harassment and protect your business from legal claims with Harassment-Free Workplace – Take Control, an easy-to-use, four-module DVD training program.

What's credit got to do with it, anyway?

2011-05-13T14:57:00.000-04:00

As we discussed in an earlier post, more than a dozen states are working toward banning credit and employment checks on job applicants. It's a move that has gained widespread support. In fact, in a public meeting held by the EEOC last fall, a group of experts examined whether it's even appropriate to consider credit history as a screening tool. The general consensus? With unemployment reaching record levels throughout the country, credit checks are unfairly excluding otherwise qualified applicants from legitimate job opportunities.They can negatively impact certain protected groups, such as women and people with disabilities; they are a poor, or unreliable, predictor of job performance; and they are often inaccurate or riddled with errors.

Here's the latest on the state front:

Maryland has joined Hawaii, Washington, Illinois and Oregon in curbing the use of employment credit reports. The Maryland Job Applicant Fairness Act prohibits employers from exploring a person's credit history as a condition of employment. Of course, there are exceptions for financial institutions and for a "bona fide purpose that is substantially job-related," such as for positions involving money-handling or other confidential job duties. And in those cases, employers must disclose in writing to the employee or applicant their intent to pull a credit report.

For Maryland employers, the law goes into effect October 1, 2011. Violations of the law are subject to fines up to $500 for an initial offense and up to $2,500 for repeat violations.

For the rest of the nation's employers not affected by state-specific screening guidelines, you may want to revisit your hiring practices - and determine just how essential (or necessary) credit checks are to securing qualified applicants.

Why accommodating nursing mothers is the right thing to do

2011-05-10T15:17:00.001-04:00

In spite of the intensive coverage of the Patient Protection and Affordable Care Act signed into law last spring, many employers have overlooked a section that benefits breastfeeding mothers in the workplace. The federal law requires employers to provide mothers with "reasonable break time" and a private, non-bathroom location to express breastmilk during the workday (up until the child's first birthday).

Unfortunately, the lack of awareness is shared by employees. In a recent poll commissioned by Workplace Options, 57% of workers admitted to not knowing about the new law. Yet, 63% of respondents agreed that if an employer offered lactation support, they'd be more willing to work for that employer. This is especially true for hourly employees.

The takeaway, obviously, is to provide adequate workplace accommodations for breastfeeding moms.

"Employers must recognize what tools new mothers need to achieve work-life balance," said Dean Debnam, chief executive officer of Workplace Options. "New legislation is in place for nursing mothers in the workplace, but employers still need to find ways to support these employees in the office."

Is your workplace breastfeeding-friendly? Display a poster to let nursing mothers and other employees know you provide accommodations for breastfeeding.

Women continue to earn less than men - but why?

2011-05-06T14:30:00.001-04:00

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

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 is sponsoring nationwide in April and May to bring attention to the problem of wage discrimination. The EEOC is a primary member of the National Equal Pay Enforcement Task Force, created by President Obama to “improve compliance, public education, and enforcement of equal pay laws.”

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.

“ … studies show that a significant portion of the wage disparity cannot be explained by differences in experience, specific work performed, education or other nondiscriminatory factors,” said EEOC Chair Jacqueline A. Berrien. “This persistent disparity is a stark reminder that the EEOC’s work to end every form of sex discrimination in the workplace – including compensation discrimination – is still unfinished business.”

How to prevent unions from gaining a foothold in your workplace

2011-05-03T18:14:00.001-04:00

The National Labor Relations Board (NLRB) has proposed a rule that would require all private employers to post a notice informing employees of their National Labor Relations Act (NLRA) rights. Simply put, the new workplace poster would communicate to employees their right to unionize under federal law.

And that’s just the tip of the iceberg. Unionization is a hot topic in the news right now, as we witnessed in the recent showdown in Wisconsin. State legislators asserted that the bill was necessary to reduce budget shortfalls, while public workers fought vigorously to preserve their collective bargaining privileges.

Although union membership is on the decline (falling to 11.9 percent of the nation’s workforce in 2010 and representing approximately 14.7 million employees), the events in Wisconsin highlighted the divide between workers, legislators and businesses regarding union activity.

As a responsible employer, what can you do to foster an environment where your employers feel respected and well-treated – and as a result, aren’t as vulnerable to unionization?

Strategy #1: Encourage Honest, Open Communication
Employees typically join unions because they’re dissatisfied with how management treats them, and they believe a union can improve conditions in the workplace. If your company is viewed as unfair or unresponsive to employees’ concerns, you’re opening an unwanted door to possible unionization.

That’s why clear and constructive lines of communication between management and employees are so important. To support an open-door communication policy, you should:

• Use meetings, workshops, bulletin boards and suggestion boxes to learn about employees’ needs and concerns
• Conduct a workplace survey to identify employee views on management, company culture and general working conditions
• Make appropriate information available to employees to avoid unnecessary speculation about the company’s position, financial standing or business objectives
• Allow employees to discuss wages, benefits and other working conditions with their coworkers, which the NLRA considers “concerted protected activity”
• Promote your open-door policy – and encourage employees to voice their concerns directly with management - through emails, distributed materials and even workplace postings, like our attorney-approved “You Have a Voice” poster

Strategy #2: Scrutinize Compensation and Other Benefits
Certainly, the economic recession has created a lot of budgetary belt-tightening for businesses. But no matter how tough the times, denying employees fair wages is a recipe for disaster. Now, more than ever, you want to be confident you’re compensating your workers fairly and setting wages at or above industry levels. Similarly, you want to check that you’re being consistent about the criteria used to determine wages, such as length of service and experience.

This is a good time to track other benefits related to your industry. In addition to decent pay, providing a robust benefits package can lead to more satisfied employees. Consider distributing a statement to each of your employees that summarizes the various benefits (both the obvious and the more subtle) he or she enjoys by working for your company.

Strategy #3: Train Supervisors on Proper Attitudes and Actions
Because your supervisors and managers are on the “front lines” in the workplace, it’s important to train them on how to address employee concerns and support open communication. Guide them on the skills they need to diffuse issues and resolve conflicts in their day-to-day interactions with employees.

At the same time, be careful about enforcing company policies fairly and uniformly. Employees are more likely to form a union if they feel their leaders take sides and treat certain individuals better than others. As an added precaution, carefully document any disciplinary actions to demonstrate compliance and appropriate response to the situation.

Employee or independent contractor? Proposed bill to target misclassification

2011-04-26T17:19:00.000-04:00

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

Mistakenly classifying employees as independent contractors not only violates the Fair Labor Standards Act (FLSA), but it also deprives workers of certain rights.

The Payroll Fraud Prevention Act recently introduced in the Senate would take a firm stance against employers who misclassify workers. The bill would require employers to:

•    Keep records clearly indicating the status of each worker as an employee or non-employee
•    Notify workers of their classification as an employee or non-employee
•    Pay steeper penalties for misclassifying workers and violating their overtime and minimum wage rights

The bill would also provide protections to workers who are fired or otherwise discriminated against for trying to be reclassified as employees. Further, the DOL’s Wage and Hour Division (WHD) will conduct audits on industries that frequently misclassify workers.

In a press release, Ohio Senator Sherrod Brown stated,

“Intentionally treating workers as subcontractors when they really are employees is payroll fraud: it cheats workers, taxpayers and other businesses that play by the rules.”

Need help determining whether a worker is an employee or an independent contractor? Check out easy-to-use software for guidance.

Taking care of employees who are caregivers

2011-04-21T19:38:00.001-04:00

As if the demands of balancing a full-time job and raising children weren't enough, many employees are facing an added strain these days: Taking care of aging mothers, fathers and other family members. For these employees, "caregiver" is just one more hat they must wear, and the daily juggling act can be exhausting.

So while you're accustomed to accommodating the needs of employees with young children (providing daycare benefits and flexible scheduling for doctor's appointments and school functions, for example), you might want to extend that generosity to employees with elderly parents, as well. It's not enough to be a "child-friendly" business, but an "eldercare-friendly" business, too.

As outlined in an online article at The News-Enterprise, thinking along these lines benefits companies and caregiver employees in many ways, including:

>> Easier to attract and maintain the best workers
>> Increased productivity by reducing stress on employees
>> Less employee absences and disruptions in the work schedule
>> Enhanced community image, which can attract new customers

For forward-thinking employers, recognizing the situation is the first step: Taking care of elderly or ill parents puts a significant financial and personal strain on employees. The next step, then, is to explore ways to ease the burden on these employees and offer valuable reinforcement. This might come in the form of:

Health and information fairs covering adult day care, nursing home evaluation, insurance issues and services like "meals on wheels"
Flexible work hours, including telecommuting opportunities and job sharing
An employee attendance policy that recognizes caregiving obligations and includes paid time off (PTO) that doesn't necessarily distinguish between vacation and sick days
Onsite caregiver support groups

The risk of ignoring the situation is great. According to a 1999 study by the MetLife Mature Market Institute, 16 percent of survey respondents indicated that they had to quit their jobs entirely in order to meet the needs of elderly parents. Many other respondents indicated that they passed up job promotions, training opportunities, or career-advancing projects because of their caregiving obligations.

Obviously, it makes sense to help those employees who are helping others. Otherwise, you could lose trained, highly qualified employees who feel caught between their obligations at home and at work.

Are your employees a good investment?

2011-04-19T18:10:00.001-04:00

I know that no one likes to be thought of as "just a number" and that we talk a lot about morale, mood and other feel-good aspects of the workplace on this blog. But at the end of the day, a business needs to make money - and if its employees aren't contributing to the bottom line, there's a problem.

The term ROI - return on investment - is bandied about quite often in financial circles. But what if you applied this same formula to your company's personnel? How valuable is Ken, Katie and Karl to your business compared to the cost of employing them (salary, benefits and other company-provided perks)? Do your employees' contributions outweigh the cost of keeping them on board?

While it's not always easy to put a dollar sign on a person's efforts and achievements, it can be an interesting exercise - whether at review time or any time.

For example, is Ken in sales securing enough sales to cover his costs? While he may be pulling in great numbers, if his sales are spread around to multiple customers and require you to hire additional customer service representatives, his value isn't as strong.

Or how about Katie, the customer service advisor who's great with her team but moody on the phone? If her snarky attitude has caused a handful of customers to take their business elsewhere, her value suddenly drops. How much did each of these customers spend a year - profit that you lost?

Then there's Karl in the warehouse. He's a solid, hard-working guy, but a bit accident prone. In three years, he's been in two workplace accidents that involved lengthy and costly workers' compensation claims. Your investment in Karl, then, involves more than just his hourly wages.

When it comes right down to it, you're looking at the same qualities you typically consider: attitude and actions. The difference with ROI is whether those qualities are advancing the success of your business, making each employee a worthwhile investment. Ideally, your employees bring in a positive ROI, making your "personnel" portfolio as robust as your personal financial investments.

Top 3 employment law trends to keep on your radar

2011-04-15T22:05:00.001-04:00

Running a business these days is certainly no picnic, thanks to the still-struggling economy and near-constant employment law risk. Management must maintain that perfect balance of awareness and action - or find themselves on the receiving end of a costly, potentially crippling lawsuit.

According to Shanti Atkins, Esq., president and CEO of ELT, the biggest employment law concerns plaguing employers today are:

1) Discrimination. And the claims aren't predominantly sexual harassment anymore, but also sexual orientation, religious and disability discrimination. Are your anti-harassment and anti-discrimination policies in order and, even more important, are you training your managers and staff - thoroughly and regularly?

2) Violence and bullying. Did you know that approximately 20 percent of all violent crime occurs in the workplace? This is no time to ignore bullying and other threatening behavior that could escalate into something more dangerous. Be on the lookout for early warning signs and encourage employees to report concerns immediately so that you can respond appropriately.

3) Wage and hour violations. Perhaps the biggest risk of them all, wage and hour class action lawsuits have expoded. In fact, these claims account for a whopping 84 percent of all employment class action lawsuits. Just as alarming, the Department of Labor (DOL) estimates that more than 80 percent of employers are out of compliance with federal and state wage and hour laws. Not knowing is no excuse. Make sure you're educated on the latest Fair Labor Standards Act (FLSA) guidelines and that you carefully explore any gray areas.

At long last, the final ADAAA regulations are here

2011-04-13T18:19:00.000-04:00

Although the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”) went into effect January 1, 2009, the EEOC just recently released the long-awaited final regulations. The new regulations, which are effective May 24, 2011, reflect the more than 600 public comments the Equal Employment Opportunity Commission (EEOC) received from a wide range of stakeholders.

What stays the same: The basic legal requirement that employers not discriminate against individuals with disabilities who are qualified for a job, with or without reasonable accommodations. The final regulations maintain the ADA’s definition of “disability” as a physical or mental impairment that substantially limits one or more major life activities; a record (or past history) of such an impairment; or being regarded as having a disability.

What changes: How these terms are interpreted – with many more conditions falling under the definition of “disability.” For example, impairment doesn’t necessarily have to prevent or restrict performance of a major life activity to be considered substantially limiting. In addition, episodic impairments, such as epilepsy, are considered disabilities if they limit activity.

“Under the new law, the focus is on how the person was treated rather than on what an employer believes about the nature of the person’s impairment,” the EEOC stated at the time the regulations were announced.

As with the existing ADA rules, you should err on the side of caution. It’s best to assume that most employees with physical or mental impairments are covered under the ADA … and make every effort to cooperate with impacted employees. For guidance on the many nuances of the new ADA rules, check out the handy guide available on the ADA website.

New E-Verify tool helps job seekers verify employment eligibility

2011-04-08T14:39:00.000-04:00

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

The launch of E-Verify Self Check – a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA) – means U.S. job seekers can now check their own employment eligibility status before obtaining jobs.

This voluntary, secure service is the first online tool of its kind, designed to allow workers to review their employment eligibility in their job search, as well as correct any errors in their DHS and SSA records. Doing so can protect them from potential difficulties in being hired by an E-Verify participating employer. This preliminary step can create efficiencies for businesses, as well.

“E-Verify is a smart, simple, and effective tool that allows us to work with employers to help them maintain a legal workforce,” said Secretary of Homeland Security Janet Napolitano. “The E-Verify Self Check service will help protect workers and streamline the E-Verify process for businesses.”

How to fight back against FMLA abuse

2011-04-06T20:35:00.000-04:00

In the hands of honest employees, legitimate physicians and efficient HR professionals, the Family and Medical Leave Act (FMLA) helps millions of workers cope with critical health conditions and care for sick family members.

But the law can take a fraudulent turn when it’s abused by dishonest individuals, costing you thousands of dollars in unnecessary expenses and lost productivity. And claims are on the rise. According to a report by FMLASource, an affiliate of ComPsych Corporation, FMLA claims have increased more than 10 percent, largely due to the struggling economy and more workers pursuing their FMLA benefits.

Stand up to FMLA violations ...

At its most basic, the FMLA provides qualified employees with up to 12 weeks of unpaid leave per year for the birth or adoption of a child, to care for a spouse or immediate family member with a serious health condition or to recover after an employee’s own serious health condition. New FMLA military leave rules also provide job-protected leave rights to employees who care for service members with a serious injury or illness, or who face “qualifying exigencies” because a covered military member is on active duty or has been notified of an order to active duty.

But what is designed to help employees in a time of need is also rife with fraud. The following practices can help you stay on the right side of the law and protect you from mistreatment even in the most difficult situations:

Require employees to submit leave request forms – Putting pertinent information in writing often deters an employee from pursuing an unnecessary absence. An Employee FMLA Leave Request gathers the necessary information to determine an employee’s FMLA eligibility without violating privacy laws.

In addition, requiring employees to provide 30 days advance notice for foreseeable FMLA leave allows you to make scheduling adjustments and remain productive.

Obtain medical certifications, too – An easy way to keep employees honest is to require additional documentation in the form of medical or military certifications. Again, with G.Neil’s help, you can secure four different types of certification:

•    Medical certification (family member) – Completed by a healthcare provider to verify the employee’s need to care for a family member with a serious health condition
•    Medical certification (employee) – Completed by a healthcare provider to verify an employee’s serious health condition
•    Military certification (exigency) – To verify an employee’s need for FMLA leave for military duty
•    Military certification (injury/illness) – To verify an employee’s need to care for a covered service member/veteran with a serious injury or illness

In most circumstances, once you inform an employee of the need for certification, the employee must complete the certification and return it to you in 15 days.

It’s also acceptable to require employees to submit a recertification every 30 days for serious health conditions, as well as demand a second or third opinion. Dishonest employees may use friends and acquaintances in the medical field to supply questionable certifications. If you have suspicions about the validity of the certification, you can challenge it by requiring an objective healthcare provider to review the injury or illness.

Make employees tap all paid time prior to taking unpaid FMLA leave – Employees are less likely to manipulate FMLA benefits if they have to use their vacation days and other paid time off first.

Calculate leave using a “rolling” 12-month period – It’s wise to calculate the hours of an employee’s leave in a 12-month period, rather than a calendar year. This prevents employees from “double dipping” by taking 12 weeks of leave at the end of the year and 12 weeks at the beginning of the following year.

Require "fitness for duty" certifications for employees returning to work - When employees return from leave for their own serious health condition, you can require a fitness for duty determination. Keep in mind, however, that a fitness for duty certification cannot be required for a return from intermittent leave (time off from work on an occasional basis, rather than entire days at a time).

Structure FMLA leave around your needs – You are entitled to demand that medical treatments take place after hours, if they’re available. Employers can also transfer an employee who takes intermittent leave to a position less disrupted by frequent absences, as long as the pay and benefits are comparable.

Train managers and supervisors – Your managers and supervisors should know the basics of the law, including qualifying reasons for leave and notice requirements. With a greater awareness of the law, red flags can be identified and addressed sooner.

Passing over the unemployed would be unlawful under new bill

2011-04-01T12:04:00.000-04:00

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

Being out of work is hard enough. Not getting work because you’re out of work is even harder.

If a proposed bill is passed, employers will have a legal obligation to guard against this very situation. Shortly after the Equal Employment Opportunity Commission (EEOC) held a public hearing on unemployment discrimination, Rep. Henry Johnson of Georgia introduced a bill that would make this type of discrimination unlawful.

The Fair Employment Act of 2011 would add “unemployment status” to the list of protected classes under Title VII of the Civil Rights Act. Specifically, “unemployment status” is defined as “being unemployed, having actively looked for employment during the then most recent 4-week period, and currently being available for employment.”

Regarding the bill, Rep. Johnson stated, “Employer discrimination against unemployed job applicants is fundamentally wrong. With unemployment at about 9 percent and with nearly 14 million Americans out of work, this discrimination will only prolong the crisis.”

Check back here for updates on the proposed bill.

One in three employees is ready to walk

2011-03-30T15:20:00.002-04:00

"Hello, I must be going." With employee loyalty hitting a three-year low, this might be the rallying cry of more and more employees in the coming months.

In its 9th Annual Study of Employee Benefits Trends, MetLife reports that one in three workers hopes to find a new job in the next 12 months. And they're confident they'll be successful in their search. According to another study (this time a survey by Glassdoor.com), four in 10 self-employed, full-time and part-time workers believe it's "likely" they will secure a job that matches their experience and salary in the next six months.

Many factors are to blame for the morale free-fall, including stagnant wages, busted bonuses, longer hours and heavy workloads. The combination is stressing employees out and testing their loyalty to their current employers.

"Businesses are understandably focused on expenses," says Ronald Leopold, vice president of MetLife's U.S. business."But they're taking their eye off the ball with human capital issues, notably what drives employee satisfaction and loyalty."

So now what? Do you resign yourself to the situation at hand -- or get serious about boosting employee satisfaction? Are you ready to tip the balances in favor of your employees, especially those you'd hate to see leave?

Let's dip into the HR Forum vault for some great ways to boost employee morale no matter how tight the budget:

First, give 'em what you can. Even if it's a 1% raise or a one-time bonus, let the hard-working double-duty working employees you still have know you are stretching the limits to give them SOMETHING. Remember, a flat wage means your employees are actually losing money year after year. (A caveat -- make sure your pay increases for senior management are just as flat as those in the rank-and-file. They will find out, no matter how closely you try to guard that secret!)

Second, reward them with cost-free pats on the back. Let them take some time (during work hours, and of course, paid) to learn a new software, take a personal interest class at a local college or community center, or volunteer for a favorite charity. For the parents, make school assemblies, musical productions and end-of-the-year award ceremonies something they can attend without using their leave time. Boost their paid vacation time by one day, or declare their birthdays (or the next working day after it) a paid holiday for each employee.

Next, work on what they're called. Give them a title that honors all that they do, even if the pay isn't there just yet. Of course you have to make sure the titles don't get your business into trouble with FLSA rules, but even within those guidelines, there is plenty of room for more impressive (and morale boosting) job labeling.

NLRB expected to be extremely active in coming year

2011-03-25T11:44:00.000-04:00

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

The National Labor Relations Board (NLRB) is already on most employers’ radar as we await the status of a proposed rule that would require all private employers to post a notice informing employees of their union-organizing rights under the National Labor Relations Act (NLRA).

But that’s not the only NLRB activity worth watching in the coming months. As it enters an extremely active period, the NLRB is expected to represent new cases and tackle controversial issues that could lead to policy changes for many businesses. Recently, the NLRB has threatened to sue four states, claiming that state constitutional amendments dictating how employees choose union representation are illegal.

Specifically, the NLRB says that states can’t override federal law giving workers the option of the card-check method of organizing – a practice unions favor but many employers oppose. You’re probably aware of the “Facebook firing” case, too, where an employee was reinstated after being fired for criticizing her employer in a Facebook post. The case challenged what is considered “concerted activity” and, as such, is protected even on social networking sites like Facebook.

We shared this quote in a previous HR summary, but it bears repeating. According to NLRB Chairman Wilma Liebman: “The most significant ‘emerging trend’ at the NLRB is that the agency is coming back to life after a long period of dormancy.”

If you haven’t already, be sure to register for our FREE Union Avoidance Webinar on Wednesday, March 30, 2011. You’ll gain valuable insight on how to preserve your union-free status under the revived NLRB, plus you’ll get a FREE attorney-approved Union Avoidance Poster.

HIPAA violations pack a hefty punch for Maryland-based clinics

2011-03-21T17:38:00.000-04:00

For the first time, the U.S. Department of Health and Human Services (HHS) has issued a civil monetary penalty for violations to the Health Insurance Portability and Affordability Act (HIPAA). And the price tag is significant -- a whopping $4.3 million!

The unlucky recipient of this substantial penalty was Cignet Health Center, a group of clinics based in Prince Georges County, MD. The organization received the multimillion-dollar penalty for two key reasons: 1) Failing to share medical records with patients who requested them and 2) Failing to cooperate with an HHS investigation.

The case dates back to September 2008, when more than 40 Cignet patients came forward with complaints about not being able to get copies of their medical records to share with new doctors. The HHS Office of Civil Rights, which enforces HIPAA's privacy rule, gave the organization's executives two years to comply with the request to release documents and resolve the issue.

In spite of this and numerous other prompts by the agency (including letters, orders, multiple deadlines and hearings), Cignet didn't budge. Not until April 2010, that is. Without any explanation of its prior lack of cooperation, Cignet sent 59 boxes of medical records to the U.S. Department of Justice -- records that included those of the 41 patients, as well as 4,500 other patient whose records should have remained private. The damage was already done, however. Cignet levied a two-part fine: $3 million for not cooperating with the investigation and $1.3 million for not turning over the medical records requested by patients.

According to Rachel Seeger, spokeswoman for the HHS agency, "Cignet's failure to respond to the investigation was unprecedented."

This case sends a clear compliance message to all health care professionals: Follow the privacy rules and fully cooperate with investigations by the HHS ... or pay the price.

Would your HIPAA practices receive a clean bill of health? Be certain you're meeting all mandatory HIPAA laws, including recent changes made by the HITECH ACT, with the necessary forms and support materials.

"Achoo," too bad for you: The politics of paid sick leave

2011-03-16T20:26:00.001-04:00

Do you offer your employees paid sick leave or some sort of paid time off (PTO) bank? If not, the debate over paid sick days now unfolding in Washington, state capitals (like Connecticut and Massachusetts) and cities (like Philadelphia and New York City) could change all that.

Advocates of mandatory paid sick leave say it’s a critical benefit that builds good will and loyalty among employees, while eliminating the stress of missing a day’s pay when you’re under the weather. There’s also the health aspect: Sick workers who are experiencing fever or a nagging cough are highly contagious and as such, unnecessarily expose coworkers and customers to their germs. Obviously, the risk is that much greater for service workers who have contact with the public, including restaurant workers, school bus drivers, home health aides and janitors.

But opponents claim this is the last thing strained businesses need during these difficult economic times – that many employers would be forced to offset the cost of such a benefit by cutting positions, hours or other benefits.

Regarding the proposed Healthy Families Act in Washington, the Society for Human Resource Management (SHRM) has expressed its opposition, stating:

"A paid sick leave mandate as outlined in the Healthy Families Act would limit an employer's flexibility in designing a benefits package that meets the needs of their unique workforce, resulting in significant costs for employers as well as a potential loss to employees who prefer other benefits rather than paid sick leave."

But difficult doesn’t mean impossible. Businesses that already offer sick pay -- 84% for management, professional and related occupations, and 42% for service workers, according to the U.S. Bureau of Labor Statistics -- are able to manage costs by:

=> Requiring employees to have been employed for a certain length of time before they are eligible to earn sick leave
=>Accruing sick leave at a certain rate per month or per the number of hours worked
=>Limiting the total hours employees can accrue each year

So what do you think? If you already offer paid sick leave, how do you keep the costs in line? And if you’re not a paid sick leave provider, what are your biggest concerns?

White House gets behind the issue of bullying and how to prevent it

2011-03-14T23:44:00.009-04:00

Bullying has grown much bigger than a few mean-spirited taunts from kids on the playground. It has become a type of emotional and verbal warfare that is fought at any age, in any social circle and in virtually any setting (workplaces included). And sometimes the consequences are devastating, as we saw with the tragic stories in 2010 of beleaguered teens taking their own lives to escape the near-constant mocks and insults.

What’s even clearer is that bullying is not some sort of harmless “acting out” that can be brushed aside. Because of electronic mediums and networks like email, texting, Facebook, YouTube videos and more, bullying can become much more pervasive than we ever imagined. We even have a term for it: cyberbullying.

Putting some political muscle behind the issue, President Obama and First Lady Michelle Obama hosted the first-ever White House Conference on Bullying Prevention last Thursday, March 10. It brought together educators, experts, politicians and other concerned individuals to explore how bullying affects American communities and what can be done to minimize it.

"If there is one goal of this conference, it is to dispel the myth that bullying is just a harmless rite of passage or an inevitable part of growing up," Obama said in a speech.

So what about bullying in the workplace? Is it really that big a deal? Unfortunately, yes! And we’re learning that it’s just as likely to be delivered by females as it is men. According to a nationwide poll by the Employment Law Alliance, 45 percent of American workers say they’ve experienced workplace abuse, and 40 percent of these bullies are women (with women bullies picking on other women more than 70 percent of the time).

Left unchecked, bullying can deal a dangerous blow to workplace productivity, as well as the individual’s health, causing headaches, loss of appetite, high blood pressure, insomnia, depression and panic attacks.

To deal with being bullied at work, Dr. Michelle Callahan in an article at huffingtonpost.com recommends:

Don't get emotional. Bullies take pleasure in emotionally manipulating people. Stay calm and rational to diffuse the situation.
Don't blame yourself. Acknowledge that this is not about you; it's about the bully. Don't lose your confidence, or think you are incapable or incompetent. They are usually beating you at a mind game, not based on your actual work performance.
Do your best work. The bully's behavior will seem more justified if you aren't doing your best work, or if you do things like come to work late, take long lunches, turn in work late, etc.
Build a support network. Instead of allowing the bully to make you retreat into your office, work on building your relationships with your coworkers so that you have support and the bully doesn't turn them against you as well (although she will try and may even be successful).
Document everything. Keep a journal (on your personal computer or in writing, but never leave it in the office) of what happened when (and who witnessed it) so that if you need to escalate this problem to Human Resources, you have the information you need to make your case. Keep emails and notes.
Seek help. If you think you're being bullied, it's time to start talking to others who can help you manage this situation. Try a mentor, advocate, seasoned/experienced friend, even a legal advocate who specializes in bullying and inappropriate or discriminatory behavior in the workplace.
Get counseling. It will help you deal with the stress, especially if the bullying is already affecting your physical and mental health. You have to take care of yourself.
Stay healthy. Maintain a healthy and balanced lifestyle outside of work to help you cope with the madness at work. Work out, get a good night's sleep and eat a healthy diet.
Educate yourself. Learn everything you can about bullying, your company's policies on inappropriate behavior and occupational law regarding this kind of experience. The more you know, the better your chances of successfully dealing with this situation.
Don't expect to change the bully. Real behavior change is difficult and it takes time. You have no control over a bully's willingness to accept that they have a problem and to work on it. You can do your best to manage the situation, but it's really the company's responsibility to be observant and responsive to the needs of their workers and the general work environment.

Regarding the 10^th suggestion, there are many things you can do as an employer to support a more inclusive corporate culture and prevent bullying and other types of harassment. On-site training can go a long way toward spreading the message that workplace bullying will not be tolerated – at any time and in any form.

OSHA issues new guidelines on Personal Protective Equipment (PPE) compliance

2011-03-09T20:59:00.000-05:00

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

A new directive issued by the Occupational Safety and Health Administration (OSHA) – titled Enforcement Guidance for Personal Protective Equipment in General Industry – will assist enforcement personnel in determining whether employers are in compliance with PPE standards.

Effective Feb. 10, 2011, the directive replaces Inspection Guidelines for 29 CFR 1910 Subpart 1, the revised Personal Protective Equipment Standards for General Industry issued in June 1995. It clarifies what type of PPE employers in general industry, shipyard employment, long shoring, marine terminals and construction must provide at no cost to workers. This typically includes goggles and face shields that fit properly without restricting vision; earplugs and earmuffs that reduce noise to acceptable levels and cost less than administrative and engineering controls; and respirators that protect workers from exposure to air contaminants.

The directive also addresses the types of PPE exempt from the employer payment requirements. Lastly, it covers PPE enforcement policies based on court and review commission decisions.

Learn more about OSHA safety standards and recordkeeping guidelines here.

No excuses! Employees can't dodge a well-defined employee attendance policy

2011-03-07T18:41:00.000-05:00

No matter how compelling the reason (and employees come up with loads of them), missing work without permission is unacceptable.

In a recent appealed court case, Matter of Rivers v. Commissioner of Labor, the ruling stands that an employee’s unapproved absence was properly deemed misconduct and as such, made the employee ineligible for unemployment benefits.

The employee, an automotive technician, requested time off to spend time with his son returning from Iraq. He was approved for one day. But when he decided to extend his family visit two additional days without approval, he opened an unintended door. When he returned, he was fired for misconduct and as a result, couldn’t file for unemployment.

If we were to step out of the “employer’s advocate” arena for a moment, we might feel an emotional pull regarding the employee wanting to reconnect with his son. But rules are rules. Most employers have a clear employee attendance policy that outlines the request/approval process … and specifies that a “no show” is grounds for disciplinary action or termination. That’s your first line of defense. Your second line, regarding using “misconduct” as a basis for denying unemployment benefits, is showing that the employee deliberately and willfully engaged in activity that showed a complete disregard for your workplace standards and policies.

This employee overstepped his bounds on both counts … and suffered the consequences.

Private-sector jobs took a robust turn in February

2011-03-04T08:00:00.002-05:00

It’s up. It’s down. It’s up again. Tracking the U.S. employment climate can be a little bit like following a Hollywood celebrity’s career. But for today, the news is good.

Private-sector employment jumped 217,000 in February – with medium businesses adding 104,000 jobs; small businesses, 100,000 jobs; and large businesses, 13,000 jobs.

The speed of gains is accelerating, too. From December 2010 through February 2011, the average gain was more than 200,000 – compared with an average gain of just over 60,000 during the previous six months.

"Looking at the ADP numbers over the last five or six months, the trend is clearly toward stronger private sector employment and we should see that trend going forward," said Steve Blitz, senior economist for ITG Investment Research in New York.

The comments are in … is an NLRA posting on union rights forthcoming?

2011-03-01T17:21:00.003-05:00

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

As we indicated in an earlier post, the Office of Management and Budget (OMB) was accepting comments through Feb. 22, 2011, on a proposed rule by the National Labor Relations Board (NLRB). The rule would require all private employers to post a notice informing employees of their National Labor Relations Act (NLRA) rights.

Of the more than 4,000 comments received by the OMB a week before the deadline, many of them questioned whether the NLRB has the authority to issue this rule since the NLRA contains no provisions regarding a mandatory posting. A good portion of comments also questioned the actual content of the poster, particularly the fact that it doesn’t address the negative aspects of joining a union.

In related news, a House subcommittee recently held a hearing to examine the direction of the NLRB, including certain decisions and initiatives that may have overstepped the agency’s boundaries. In addition to criticisms against the role that organized labor has played in recent years, a prevailing theme at the hearing was the appropriateness of the proposed NLRA posting. Many of the unfavorable comments echoed those received by the OMB during the 60-day comment period.

After the hearing, NLRB Chairman Wilma Liebman stated:

“The most significant ‘emerging trend’ at the NLRB is that the agency is coming back to life after a long period of dormancy. … We are actively seeking input from practitioners and from the public, by inviting briefs for important cases that are under review, and by using the process of federal rulemaking to seek comments on one potential change intended to inform American employees of their statutory workplace rights.”

Now that the comment period is over, the NLRB has 90 days to review the public comments and issue a final rule. Stay tuned for continued updates on the proposed rule and whether a mandatory Federal poster is released as a result (most likely by this summer).

Newly issued Employment Authorization Card now acceptable with Form I-9

2011-02-25T08:00:00.000-05:00

The United States Citizenship and Immigration Services (USCIS) is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485.

While it looks similar to the current Employment Authorization Document (EAD), the credit card-sized Employment Authorization Card includes new text that serves as both an employment authorization and Advance Parole document. The combination card is also more secure and durable than the paper Advance Parole document.

Employers may accept the new card as a “List A" document to prove the identity and work eligibility of a newly hired employee when completing the Form I-9.

Proposed bill takes aim at 20-year minimum wage for tipped workers

2011-02-23T12:11:00.003-05:00

For the past 20 years, the minimum wage for tipped employees has remained at $2.13 per hour.

Congresswoman Donna Edwards of Maryland hopes to change that. She recently introduced a bill (H.R. 631) that would increase the minimum wage for employees who live off tips to $3.75 an hour, eventually reaching $5.50 an hour. The bill is currently under review by the House Committee on Education.

A recent report, “Behind the Kitchen Door: Inequality & Opportunity in Washington, D.C.’s Thriving Restaurant Industry,” revealed that restaurant workers made, on average, $22,218 in 2009. In addition, nearly 90 percent of the workers reported that their employers did not offer health insurance.

Is your cube-mate super laid back ... or dead?

2011-02-18T15:21:00.006-05:00

What a dead-end job.
There was stiff competition for the position.
She must have been dying for a promotion.

The puns are running amok over the story of a Los Angeles County employee who lay dead and slumped over in her office cubicle for an entire day before anyone noticed. Last seen alive at 9 a.m. the previous Friday morning, the 51-year-old auditor was found by a security guard doing his rounds on a Saturday afternoon. The woman most likely died from a stroke or heart attack.

Your first inclination may be to snicker, but the honest truth? This is absolutely horrible PR for the business, the woman's manager and the woman's coworkers. Instead of chuckling, HR managers and corporate leaders should be looking at this incident as a wake-up call.

What type of manager is so disconnected with his or her staff that an employee could pass away undetected? Even mediocre managers touch base with their employees daily, if just to say "Hi" or "Have a great weekend" on a Friday afternoon. And happy coworkers - team players - would certainly notice a neighbor in distress.

Focus is a great thing in the workplace, but not to the point of being clueless. We don't have to be best friends with everyone we share office space with, but social niceties go a long way. Take enough interest in the people around you that you'd recognize if they were in trouble ... certainly if they were unconscious! There is an opportunity for every HR professional in America to use this unfortunate event as a point of discussion regarding the level of interaction between managers and employees.

It's too easy to make light of this story, but the reality is this: Someone died while on the job and it took nearly 24 hours for anyone to notice. Could this ever happen in your workplace?

People say - and do - the craziest things in job interviews

2011-02-16T18:50:00.003-05:00

HR professionals and hiring managers know that interviews can be stressful for even the most competent and composed applicants. After all, they’ve been on the other side of the desk before. Yet, there are certain scenarios that defy reasonable explanation and leave them scratching their heads in disbelief.

To prove our point, we’ve compiled a “Top 10” list of job interviews that went sour … and why:

1) “I had a candidate open his briefcase, pull out a package of cheese crackers and a juice box, and munch away on his midday snack while I was asking him questions. He said he’d had no time to eat because he was interviewing all day!”

2) “How about the guy who forgot dark socks to wear with his suit so he colored in his ankles with a black, felt-tip marker?”

3) “I’ve had numerous interviews where the person’s cell phone goes off and rather than apologize and quickly turn off the phone, the person checks the number. So rude.”

4) “When I asked this particular candidate (a 20-something with about five years of work experience) why she was looking to change jobs, she answered, ‘Well, I’ve been sitting around twiddling my thumbs for the last few months.’”

5) “My most unique experience was the candidate who told me he was abducted by an alien who told him to apply for the job – and to report what he learned back to his alien leaders.”

6) “I wished I had never offered this particular woman a cup of coffee because when she set the cup down on my desk, she immediately knocked it over and spilled the piping hot liquid all over my papers and files.”

7) “I’ve seen some interesting clothing choices through the years, but the best ever was the man who showed up in a powder-blue leisure suit, straw hat and flip-flops. And no, he wasn’t applying for a creative position or auditioning for a part in a play!”

8) “Granted, this particular candidate told me he wasn’t feeling well before the interview, but, about 15 minutes into it, he got this strange look on his face, jumped up out of his chair, and promptly threw up all over my office floor.”

9) “After the initial interview with an applicant, I explained the final step in the hiring process would be drug testing. She then responded, ‘Oh, what type of drugs do you want me to test?’”

10) “Before the interview even started, I had a candidate ask me to see where he’d be seated when he got the job. He said he needed to check out the space to make sure he’d have enough privacy!”

Uphold your role in the interview process

On the flip side, you don’t want to be the reason the job interview was a flop. When you’re responsible for interviewing applicants, take the time to define the job and its requirements, schedule interviews only after you’ve reviewed the resume and/or application (and can give the candidate your full attention), and steer clear of illegal interview questions concerning an applicant’s age, race, sex, disability, religion, national origin, pregnancy and any other protected classification.

And if a candidate tells you he’s fighting a bad case of the stomach flu, you may want to reschedule the interview!

With a detailed workplace policy, checking personal email usage is fair game

2011-02-11T19:25:00.005-05:00

In an ideal world, your employees would use the Internet, e-mail, company-supplied cell phones and other electronic equipment for legitimate business only. No online shopping while on the job; no browsing nonwork-related websites for hours at a time; no e-mailing coworkers the latest joke or company gossip; and no texting friends and family on a company cell phone or pager. But we know better. For all the conveniences electronic equipment provides in the modern workplace, it also opens the door to abuse, which is why most employers monitor electronic equipment for inappropriate or excessive personal use.

But how deep can you dig? In most situations, that depends on your electronic communications policy – and the specifics of said policy. As a recent court decision revealed, precise wording matters. In Holmes v. Petrovich Development Co., LLC, an employee sued her employee for discrimination and retaliation. While developing its defense, the employer identified emails the employee sent to her attorney from her work computer using her personal, password-protected email account. Although the employee argued that the emails were off-limits due to attorney-client privilege, details in the employee handbook proved otherwise.

There, in black and white, were the following guidelines: (1) company computers are to be used only for company business; (2) employees are prohibited from accessing personal email on company computers; (3) the company will monitor its computers for compliance with the policy and thus might "inspect all files and messages . . . at any time"; and (4) employees using company computers to create or maintain personal information or messages "have no right of privacy with respect to that information or message."

Due to the explicit and prohibitive workplace policy (which the employee received and reviewed), the court ruled that the emails were not privileged and that the employer was entitled to use them in the case.

Lesson learned: Your employee handbook should include a well-drafted electronic communications policy that informs employees that there will be no expectation of privacy for personal business conducted on company equipment – and that your company may review e-mails, voicemails, web search history and other activity for any legitimate business purpose. The policy should also advise employees that use or misuse of company equipment violates company policy and is subject to disciplinary action. That way, your company is shielded from liability for reasonably reviewing employee communications.

New bill would require employers to grant time off to veterans on Veterans Day

2011-02-08T21:21:00.002-05:00

The U.S. House of Representatives recently introduced a bill that would give veterans November 11 off for the Veterans Day holiday. If signed into the law, the bill would apply to employers with 50 or more employees, and employers could choose whether to offer the day off paid or unpaid. Also, employees seeking the time off would have to provide at least 30 days’ notice.

The proposed legislation is modeled after a law that already exists in Iowa. Supporters of the bill say veterans have earned the right to a day off that recognizes their service. Opponents, however, fear that the legislation would create a division between employees and put undue financial restraint on employers.

Check back here for updates on the status of the bill – and if it will require a mandatory posting in the workplace.

Reminder: OSHA Form 300A posting deadline right around the corner!

2011-01-25T14:16:00.006-05:00

Just so the date doesn’t get away from you … OSHA Form 300A, Summary of Work-Related Injuries and Illnesses, must be displayed from February 1, 2011, through April 30, 2011. The form summarizes the number of on-the-job injuries and illnesses for the calendar year, as logged on the OSHA Form 300.

It should be posted in a conspicuous place by February 1 and remain on view through April 30 – in a location where it can’t be altered, defaced or covered by other posted material.

A few things to keep in mind:

=> Even if there weren’t any recordable injuries or illnesses in 2010, you must post the form with zeros on the “TOTAL” line.

=> Copies should be made available to any employee who might not see the summary (a remote employee who works from home, for example).

=> You’ll need certain employment information, such as the annual average number of employees and total hours worked in the calendar year, to determine incidence rates.

=> You should post separate summaries for each work site.

=> Your business is exempt if you employ fewer than 10 workers (and had no fatalities).

=> The form must be filled out and certified by a company executive as correct and complete.

In a weak economy, discrimination charges strengthen

2011-01-20T18:06:00.005-05:00

Not good. Not good at all. According to a wsj.com article, workers filed a record number of discrimination charges against employers last year. And once again, the strained economy is to blame.

The number of charges filed with the Equal Employment Opportunity Commission (EEOC) climbed to nearly 100,000 – a 7% increase from the year prior and a 21% jump from 2007.

Joe Trauger, vice president of human-resources policy for the National Association of Manufacturers, a business trade group, explains:

"When times are good, people are happy and when they're not, they aren't. Anytime we go into a recession or the economy gets a little shaky the numbers seem to spike a bit.”

The fact that the EEOC has ramped up its budget and staffing may be contributing to the increase, as well. With more resources to work with, the agency is working harder to educate employees about their workplace rights while also making their services more user-friendly and accessible.

Apparently workers are getting the message. They’re quicker to recognize discriminating behavior and take legal action when they feel they’ve been wronged.

The message, then, for employers is to ensure a harassment-free workplace supported through clear workplace policies, strict adherence to anti-discriminatory labor laws, and ongoing employee and manager training.

New year, new tax forms - Get your updated 2011 W-4s now

2011-01-18T19:19:00.002-05:00

It had a bit of a bumpy start in the new year, but the updated Form W-4 is now available.

Here’s what happened: The form released by the Internal Revenue Service (IRS) on January 3 (and published again on January 6) included an incorrect OMB number (located at the top right corner of the form). Soon after our own legal research department detected the error, the IRS released a corrected version of the form on January 7.

As you know, a Form W-4 must be completed by new employees when they begin a job to claim withholding allowances on income tax returns. A new Form W-4 is also required when a current employee’s tax status changes, such as with the birth of a child or a change in marital status.

You can get your updated Form W-4s here. We offer a variety of formats (paper, downloadable, state-specific, multi-pack sets, with imprint) and support materials (tip sheets, an informative W-4 Poster) to meet your business needs and help your employees avoid costly tax mistakes.

Enforcement kicks into high gear - Don't leave your compliance efforts idling!

2011-01-13T17:19:00.003-05:00

After shoring up their resources last year, the Equal Employment Opportunity Commission (EEOC) and Immigration and Customs Enforcement (ICE) are flexing their enforcement muscles ... and planning to pack a punch in 2011.

Increased staffing and a sharper focus on enforcement will mean more audits, more investigations into complaints and more inspections in the months ahead.

The EEOC, for example, received a record-high of 99,922 discrimination charges in 2010. Yet because of the EEOC’s expanded resources, the number of pending charges dropped by 14 percent. And that’s not all: Greater claim-processing procedures resulted in the EEOC collecting an all-time high of $404 million from employers last year.

ICE is making its presence known, as well. Last year, the agency conducted more than 2, 200 employer audits, which led to 180 criminal charges. And immigration enforcement continues to be a priority for the Obama administration, with ongoing goals to conduct on-site inspections (particularly businesses that employ workers with H-1B visas) and expose illegal hiring practices.

In light of these recent statistics, it’s never been more important to prevent harassment and discrimination in the workplace (via clear policies, legally sound actions and attitudes, and regular training) and to keep scrupulous I-9 records on all employees. Otherwise, you could find your company on the receiving end of a discrimination lawsuit or I-9 audit.

If proposed NLRB rule is finalized, mandatory federal poster will follow

2011-01-11T18:46:00.003-05:00

The National Labor Relations Board (NLRB) published a proposed rule last month that would require all private employers to post a notice informing employees of their National Labor Relations Act (NLRA) rights. According to the NLRB, the purpose of the proposed rule is “to increase knowledge of the NLRA among employees, to better enable the exercise of rights under the statute, and to promote statutory compliance by employers and unions.”

Comments on the proposed rule will be accepted through February 22, 2011; then the Office of Management and Budget has 90 days to review the comments and issue a final rule.

Check back here for updates on the proposed rule and to learn if a mandatory federal poster is released as a result (most likely by this summer).

Will they stay ... or will they go?

2011-01-05T19:36:00.004-05:00

Lose 10 pounds … cut back on caffeine … learn a new language … get a new job. With the lifting of the recession and the ringing in of the new year, many employees are taking a long, hard look at their careers and planning their exit strategy. And a big reason for their departure may surprise you: lack of trust.

According to Deloitte LLP’s fourth annual Ethics & Workplace Survey, one-third of the nation’s employees will renew their job search as the economy revives. Approximately 48 percent of the respondents cite a loss of trust in their employers as a motivator for seeking a new job. At the same time, 46 percent blame a lack of transparent communication from their company’s leadership as a reason for looking elsewhere.

What’s going on here? And more important, what can management do to regain employee trust and pull back the curtain on the major decisions affecting the workplace?

While you can’t eliminate the economic uncertainties that linger even in the new year, you can invest in the mental well-being of your employees. Here are some steps in the right direction:

1. Create a clear sense of purpose. When budgets get cut and staffs downsized, employees often wonder when a pink slip is coming their way. Managers can allay fears by meeting with employees after a layoff or restructuring to revisit corporate and departmental goals. Remaining employees must understand they are critical to the ongoing success and profitability of your company. Meet regularly to share revised goals and expectations. Clearly define roles and responsibilities. And most of all, let employees know that “we’re all in this together.” Getting through challenging times is easier when everyone is working toward a common objective.

2. Get employees involved in what’s next. Once employees understand they are important to the ongoing viability of your company, encourage them to uncover and share ways to improve efficiency – to find a better way. If employees believe their ideas will be heard and implemented, they are more likely to go above and beyond. Attaching rewards to great ideas and sharing them corporate wide also cultivates an environment of value and security.

3. Dole out “thank yous” and compliments. When raises aren’t possible in tough economic times, it is imperative that leaders and managers increase their efforts to bestow positive praise on a regular basis. Heartfelt words of recognition 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. For most employees, being valued and praised for their hard work is just as important as a paycheck.

Previous posts:
Through thick and thin, it’s the people who matter most

Why it’s just as important to dole out the praise as it is the pay

The clock is ticking to process the new payroll tax cut for employees

2011-01-03T13:16:00.004-05:00

Happy New Year, HR Forum readers! I hope you weathered every HR storm in 2010 with wisdom and finesse - and that 2011 brings you and your business continued growth and success. Check back here often for insight and guidance with the biggest challenges the new year throws our way. It's bound to be an interesting 12 months, with many twists and turns in the worlds of labor law, people management and HR. Together, we can tackle the toughest issues and map out the smartest solutions.

Now for the first topic this year ... taxes!

Thanks to the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, millions of employees will see a bump in their take-home pay this year. That’s because the recently passed Act provides a tax cut that reduces the Social Security (FICA) tax withholding rate from 6.2% to 4.2% of wages paid. For an employee earning up to the $106,800 taxable earnings cap, this 2% reduction amounts to a tax savings of $2,136.

While this is good news for employees, the change is putting employers in a bit of a bind to quickly implement the changes. The IRS is instructing employers to process the new withholding “as soon as possible in 2011 but not later than Jan 31, 2011.” If you accidentally process the payroll tax withholding at the higher 6.2% rate, you must reimburse employees the difference by March 31, 2011.

In addition to the reduced Social Security withholding, the IRS released new income-tax withholding tables for 2011. (The new law maintains the income-tax rates from recent years.)

Because employers and payroll companies must handle the withholding changes, employees won’t be required to take any additional action, such as filling out a new Form W-4

Please note: As soon as it is released by the federal government (usually in January of the new year), we will update the Form W-4 required by every employee to claim (or makes changes to) their tax withholdings.

Are you doing enough to prevent breaches of protected health information?

2010-12-21T17:25:00.003-05:00

HIPAA violations can have serious legal consequences.

Case in point: A federal grand jury has indicted a former employee at the University of Pittsburgh Medical Center for allegedly stealing patient data. The defendant disclosed to other people the names, birth dates and Social Security numbers of patients – information later used to file false tax returns. The law carries of maximum sentence of 80 years in prison, a fine of more than $4.7 million, or both.

In another case, a former researcher at the UCLA School of Medicine has been sentenced to four months in federal prison for HIPAA violations. Upon learning that he was being dismissed from his job, the UCLA employee accessed the medical records of his superior and coworkers, as well as more than 320 patient records (many of them celebrities) during the following four weeks. Charges were filed in 2009 and the defendant pleaded guilty in early 2010 to four misdemeanor counts of illegally reading private and confidential medical records.

Not only do these cases demonstrate the long reach of HIPAA enforcement, but also the importance of bumping up security and other safeguards to prevent these types of medical data breaches.

What is a breach?

A breach occurs when 1) there has been “unauthorized” access, use or disclosure of “unsecured” PHI that violates the HIPAA Privacy Rule, and 2) the disclosure “compromises the security or privacy” of the PHI, which means that it “poses a significant risk of financial, reputational or other harm to the individual.”

What is “unsecured” PHI?

The rules define “unsecured” PHI as any information that has not been rendered unusable, unreadable or indecipherable to unauthorized individuals through the application of a technology such as encryption and destruction.

Encryption - Proper encryption should use an algorithmic process to transform data into a form that is meaningless without a confidential process or key (which also must be protected).

Destruction - Hard copy PHI, such as paper or film, needs to be thoroughly shredded or destroyed so that it cannot be read or reconstructed.

How do I protect my business?

To steer clear of HIPAA violations and breaches, you should:

Establish breach notification procedures and update policies - Develop guidelines for determining when a breach has occurred, who will prepare individual notifications, and when a breach will trigger a requirement for notice to the media or immediate notice to HHS. Amend your HIPAA privacy and security policies, too, to cover the security breach notification rules.

Maintain a breach incident log - Set up a system to log security breaches affecting fewer than 500 individuals, which you must file with HHS within 60 days after the end of the year.

Revise business associate agreements - Discuss with your business associates (and put in writing) when they should notify you of a breach by their organization, what information should be reported, and which party will issue the required notifications.

Train employees on proper procedures - Employees should understand when they have encountered a breach and how to report it. A successful training program will provide formal instruction on HIPAA-related policies and procedures, as well as build awareness through workplace postings and other employee materials.

Employee safety during winter's "big chill"

2010-12-16T13:31:00.004-05:00

When the winds are howling, the snow drifting and the temperatures plummeting, your employees have more to worry about than “Jack Frost nipping at their nose.”

If forecasts hold true, this could continue to be an especially rough winter season for much of the country. Now is the time to step up your cold-weather safety training to ensure your employees work safely outdoors and are prepared for any winter-related emergencies.

For your employees at the greatest risk …

If your business involves construction, commercial fishing, maritime or agriculture, much of your workforce is directly exposed to the dangers of extreme cold. Meet your obligation under OSHA to provide a safe working environment by educating outdoor employees on cold-weather risks and guiding them on proper winter wear.

The two biggest health threats for your outdoor employees are frostbite and hypothermia. Alert them to the early signs of cold stress, and what they should do if they (or a coworker) show symptoms of either condition.

Frostbite occurs when body tissues freeze, most often affecting the fingers, toes, nose, cheeks and ears. It can permanently damage tissue and cause loss of movement in the areas affected. Early symptoms include numbness, tingling or stinging, aching, and bluish or pale skin.

Recommended first aid: Move the victim to a warm room or shelter; discourage the victim from walking on frostbitten feet or rubbing the frostbitten area, which can cause damage; and immerse the affected area in warm water.

Hypothermia occurs when body temperatures drop to dangerously low levels due to exposure to cold (as well as other factors, such as high winds, exhaustion and wet clothes.) Early symptoms include shivering, fatigue, loss of coordination and disorientation. In later stages, hypothermia can lead to bluish skin, dilated pupils, slowed pulse and even unconsciousness and death, if left untreated.

Recommended first aid: Move the victim to a warm room or shelter; remove wet clothing; warm the chest, neck, head and groin with an electric blanket, if possible; provide warm beverages; and keep the victim dry and wrapped in a warm blanket.

Keep in mind that these risks increase significantly in relation to the windchill factor. On blustery, cold days, the wind eliminates the thin layer of air that acts as an insulator between the skin and the outside air, which can cause a loss of as much as 80 percent of a person’s total body heat.

Even when conditions aren’t severe enough to cause frostbite or hypothermia, they may lead to other safety hazards for your employees. For example, a worker that loses feeling and dexterity in his hands may have difficulty handling tools, equipment and other materials, increasing the chance of an accident.

What they wear matters

The right clothing is a vital defense against the cold weather. While OSHA does not require you, in most cases, to provide cold-weather personal protective equipment (PPE) to employees at no cost to them, it’s certainly a good idea to inform them on what type of gear will safeguard them from the elements.

To prevent heat loss, employees should wear several layers of loose clothing and a durable winter coat that provides adequate insulation, sheds snow and wetness, and allows the escape of moisture from within. Thermal underwear is also recommended, along with wool socks, quilted or lined pants, waterproof, insulated footwear, wool knit caps or hat liners, and gloves or mittens.

Office feeling a little ho-hum? Wrap up the gift of employee morale

2010-12-14T12:26:00.004-05:00

Between planning a cross-country vacation to visit Aunt Judy or navigating the nearest mega-mall for last-minute gifts, many employees find their focus dropping faster than the needles on a Fraser fir during the holiday season.

The floundering economy has many a staff crying, “Bah! Humbug!”, as well. Whether it’s due to weak, year-end sales or the company being forced to cancel the annual holiday extravaganza, employee morale may be in a slump. From G.Neil’s HR Library of interesting, insightful HR articles, I bring you some tips to boost employee morale during the holidays and keep energy levels high well into the new year:

Food. Food has a magical way of bringing employees together and putting everyone in a good mood. Throughout the year and especially during the holiday season, get employees together by holding bake sales for charity, organizing potluck luncheons or simply bringing in a bag of bagels.

Holiday cards. Business holiday cards are a simple and easy way for companies to show their appreciation for the hard work employees have put in all year long. Remember to go one step further and write a personal, hand-written message on the inside of the card for a special touch.

Compliments. Like a sweet treat, compliments have a way of immediately lifting our spirits and bringing a smile to our face. Encourage supervisors to compliment their employees regularly. It’s a free and easy way to improve employee morale not only during the holidays, but year-round.

Fun. Look for simple ways to lighten the mood at work. Hold whimsical contests, bring in pizza for lunch or make up playful celebrations, like “Favorite Team Jersey Day.” If the weather permits, buy some frisbees or footballs and take the action outside of the office. Keep your ideas simple, get everyone involved and have a good time.

Humor. Bring some laughter back into the office with a fun activity. For example, organize an office-wide event where employees hand out funny awards to coworkers and supervisors. Keep costs low by using common office supplies to create the awards. See how creative employees can get by using what they find in the supply cabinet.

The holidays offer a great opportunity to improve employee morale around the office. All it takes is a little ingenuity and some simple ideas. Don’t wait until January 2nd to get started - get going today!

DOL and ABA partner to help resolve wage-related complaints

2010-12-10T12:52:00.003-05:00

In the first-ever collaboration between a federal agency and the private bar, the Department of Labor (DOL) and American Bar Association (ABA) will join forces to resolve employee complaints received by the Wage and Hour Division (a department that handles more than 35,000 employment-related legal complaints in a typical year).

Through an attorney-referral system, the new program will ensure more workers obtain legal assistance for complaints such as not getting paid the minimum wage, not being paid overtime, or being denied family medical leave.

As of December 13, complainants whose cases cannot be resolved by the DOL due to limited capacity will get a toll-free number connecting them to a network of state and local ABA-approved attorneys. If the DOL has already conducted an investigation, the complainant will receive the findings to share with the attorney who takes the case. The DOL also has established a special process to help complainants and representing attorneys obtain additional case details and documents.

According to DOL Secretary Hilda Solis, this collaboration “streamlines worker access to additional legal resources and builds on the Department of Labor’s continued efforts to ensure that employers comply with America’s labor laws.”

To learn more, check out the We Can Help area of the DOL’s website.

Be more safety savvy by educating employees on the latest CPR guidelines

2010-12-07T11:09:00.002-05:00

As you know, the American Heart Association (AHA) recently released new CPR guidelines (see previous blog post) specifying that chest compressions come first, followed by clearing the airway and mouth-to-mouth breathing. The new guidelines also indicate how fast and how hard rescuers should push on the breastbone during compressions.

What are you doing to share this new CPR procedure with your employees? You play a key role in empowering your workforce with the latest safety guidelines. Satisfy OSHA’s requirement for posting essential safety information by hanging a current CPR poster in your workplace.

We’ve refreshed our Lifesaving CPR and Choking Posters to make it easy to keep your company up to date on the latest CPR technique. When prominently displayed, the boldly illustrated, laminated posters provide immediate access to the new CPR steps, possibly shaving seconds off a life-sustaining emergency procedure. Order now and save 10% off the regular price.

'Tis the season for sexual harassment training

2010-12-03T08:00:00.000-05:00

In just a few festive hours, an employee can do or say something at the annual holiday party (see previous post) that could lead to a sexual harassment claim – and a legal mess that lasts long after the tinsel comes down.

To keep the good cheer in check and protect your company from a harassment claim:

Remind employees of your no-harassment policy. Redistribute the policy before the holiday party, and emphasize that all guidelines will be in full force, even if the party occurs off-site or after work hours. Be certain your employees understand that harassment can be verbal, physical or visual. The areas that could get someone in trouble at a holiday event are most likely verbal and physical harassment, including inappropriate comments, jokes, unwelcome physical contact, invading one’s physical space and offensive gestures.

Make sure all employees and supervisors have received sexual harassment training. If you haven’t conducted sexual harassment training in the past year, consider organizing a one- to two-hour session that covers definitions and examples of harassment, an overview of employee rights, and clear communication that the company will not tolerate harassment of any kind.

A few last tips …

Since you could be found liable for injuries caused by a drunken employee, consider not serving alcohol at all – or taking steps to limit consumption, such as providing a limited number of drink tickets for each employee, closing the bar well before the party ends or offering perks to employees who volunteer to be designated drivers.

Also, stress to supervisors the importance of setting a professional example, and that you’re counting on them to keep an eye on any employee antics that could get out of hand.

It's (work) party time! How to ring in the holidays without regrets

2010-12-01T11:58:00.004-05:00

Whether a corporate-sponsored, semi-formal event or a group outing at a local watering hole, holiday gatherings are festive events, which can lead to careless carousing (especially when the eggnog is spiked).

That doesn’t mean employees can’t and shouldn’t have fun. They simply need to party smart. There is no other event on the corporate calendar that offers greater opportunity to be noticed - whether it’s as employee of the year or the guy who slow-danced with the table centerpiece.

Help your employees have a joyous and memorable-for-all-the-right-reasons corporate holiday season by encouraging them to follow these party pearls of wisdom:

1. Join the festivities. First and foremost, encourage employees to attend the event. Yes, it’s the holidays and everyone is busy but “no-shows” are noticed. At the very least, attending demonstrates that you’re a team member and not an outsider.

2. Dress appropriately. This is no time to be a jester in a court of kings. Don’t show up looking like you’re cleaning out the garage … or test the boundaries of good taste with clothes too tight, too short or too low. Do your best to blend and remember that how you dress matters.

3. Restrict the refreshments. Too many trips to the spiked punch bowl or open bar can lead to inappropriate words and actions. Limit yourself to one or two drinks, so you can leave the party with your wits - and reputation - intact.

4. Toe the line. Although employees are not officially on the clock, their conduct during on-site or off-site events should be the same: businesslike. Many a career has taken a turn for the worse due to loose lips, lapses in sound judgment and other embarrassing shenanigans. Keep it clean and keep it professional.

5. Expand your social circle. While it’s easier to hang out with your “regular” group of coworkers, a holiday gathering is a great environment for getting to know employees you don’t regularly interact with. On the flip side, don’t attach yourself to just one person and monopolize the conversation. Move around and mingle.

6. Limit “shop talk”. While you’re mingling with others, try to keep the business talk to a minimum. Instead, take advantage of the opportunity to get to know your coworkers on a more personal level. Be positive and stick with safe topics like travel, family, local sports and movies.

7. Be appreciative. Before leaving the party, make an effort to thank a senior executive. Not only is it proper etiquette, but it also gives you a chance to make a positive (perhaps even first) impression. Your politeness will be remembered.

Check out Friday’s blog post for some final tips from the HR front for keeping your holiday event happy and harassment-free.

Long-awaited GINA regulations clarify how to prevent genetic information discrimination

2010-11-23T08:00:00.000-05:00

On November 9, 2010, the U.S. Equal Employment Opportunity Commission (EEOC) published the final regulations implementing the employment provisions of the Genetic Information Nondiscrimination Act of 2008 (GINA). Title II of GINA is designed to prohibit employment discrimination based on genetic information, specifically restricting employers with 15 or more employees from obtaining and sharing genetic information.

According to the EEOC.gov website: “The law forbids discrimination on the basis of genetic information when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment.”

Specifically, genetic information is defined as:

• Information about an individual’s genetic tests and the genetic tests of family members (including tests that identify a predisposition to a disease, such as breast cancer or Huntington’s Disease)
• Family medical history (often used to determine someone’s risk of getting a particular disease or disorder)
• Requests for and receipt of genetic services by an individual or family members
• Genetic information about an individual or family member’s fetus, or of an embryo legally held by an individual or family member through assisted reproductive technology

In addition to clarifying GINA’s prohibition against requesting, requiring or purchasing genetic information (including guidelines for legal Internet searches), the final regulations include a “safe harbor” provision protecting employers from liability when they use specific language warning individuals not to provide genetic information when submitting health-related information.

To ensure compliance, you should display the “EEO is the Law” posting that the EEOC revised in late 2009. With Poster Guard® Compliance Protection, you can be confident you’re communicating the latest mandatory GINA information via the Federal Easy-Post™ labor law poster. You should also update your employee handbook to include “genetic information” as one of the protected, anti-discrimination categories.

To Iraq and back - The legal rights of returning soldiers

2010-11-19T11:30:00.004-05:00

As the U.S. wraps up combat operations in Iraq, the remaining 50,000 U.S. troops will be heading home and returning to work. Now is the time to brush up on your awareness of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and your legal responsibility to soldiers returning from military leave.

USERRA, which applies to both active duty and reserve members of the military, is the primary federal law governing the employment and reemployment rights of service members. USERRA requires you to reinstate employees upon completion of service; to grant the same seniority, status, pay and applicable benefits an employee would have earned if not called to duty; and to train or otherwise qualify returning employees for reemployment. Keep in mind, too, that when state and federal laws regarding military leave conflict, you must follow USERRA and provide the maximum advantages available.

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.

We can help. With our automatic poster replacement service, you can be certain you’re displaying the latest, mandatory USERRA information via the Federal Easy-Post™ labor law poster. G.Neil also offers an easy-to-read, downloadable E-Guide that clearly explains the USERRA regulations and your legal obligations.

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Veterans’ Benefits Act of 2010 makes some changes to USERRA

Why it's just as important to dole out the praise as it is the pay

2010-11-17T08:00:00.000-05:00

We’re all too familiar with the saying “Money can’t buy happiness.” Well, it seems this sentiment is as true in the workplace as it is in our personal lives. Just as a bigger house, car or flat-screen TV can’t define our happiness at home, neither can a bigger paycheck, bonus or raise at the office.

What does bring more satisfaction, according to a recent McKinsey Quarterly global survey, is praise from our superiors. Recognition and support go a long way toward boosting an employee’s self esteem, building confidence and enhancing performance. Those are huge positives that, thankfully, don’t cost your recession-challenged business a lot of money!

Salary isn't everything

Conducted in June 2009, the McKinsey survey garnered responses from more than 1,000 executives, managers and employees from around the world (and representing a range of industries).

The survey posed the question, “Which incentives do you find boost employee morale and productivity most?” The answers were:

• Praise and commendation from immediate managers – 67%
• Attention from leaders – 63%
• Opportunities to lead projects or task forces – 62%
• Performance-based cash bonuses – 60%
• Increased base pay – 52%
• Stock or stock options – 35%

As the report outlining the survey results explains: “The respondents view three noncash motivators … as no less or even more effective motivators than the three highest-rated financial incentives. The survey’s top three nonfinancial motivators play critical roles in making employees feel that their companies value them, take their well-being seriously, and strive to create opportunities for career growth.”

How to keep employees engaged

The results of this survey are good news for cash-strapped employers still crawling out from under the recent economic downturn. “There couldn’t be a better time to reinforce more cost-effective approaches,” explains the report. Money’s traditional role as the dominant motivator in the workplace is taking a back seat to more intrinsic benefits.

So how do you act on this important message and motivate employees to give their best? Here are some simple, low-cost employee recognition ideas to enhance job satisfaction and performance:

Make a note of it
A hand-written thank you note shows you valued a person’s work enough to take time out of your day to acknowledge it. It’s a simple gesture with great impact. For even more impact, mail a card or letter home so the employee can share the praise with family members.

Point out employees publicly
Use a public forum, such as a staff meeting, to recognize excellent performance, so an employee’s moment in the spotlight is shared with others. Look for other creative ideas for employee recognition, such as company newsletters, intranets or even articles in local newspapers.

Little things mean a lot
It’s great to recognize the "big wins," but it’s also important to call attention to the everyday achievements. Reward employees for their “quieter” contributions with a thank you note and if the budget will allow, something extra like a store gift card, desktop award or free lunch.

Encourage peer recognition
Implement a program in which employees recognize one another. One version of this could be a "Pay It Forward" type of award in which the first employee who receives the award identifies the next employee who deserves the award.

Create a work environment that supports achievement
Display inspirational and motivational posters on the wall, 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.

Keep in mind, too, that most employees enjoy new, challenging opportunities. Avoid micromanaging employees so they’ll gain a sense of control and mastery with their work, and involve them in (or have them lead) fresh projects that will expand their skills and stretch them creatively.

In a weak economy, FMLA claims strengthen

2010-11-11T12:50:00.003-05:00

Claims related to the Family and Medical Leave Act (FMLA) jumped more than 10% this year, according to a report by FMLASource, an affiliate of ComPsych Corporation. The key reasons for FMLA absences are 1) personal illness/injury, 2) caring for a child, and 3) caring for an elderly relative.

Experts blame the struggling economy for the bump. “As companies continue to operate with leaner staffs in a slowly recovering economy, many workers are seeking FMLA job protection in order to take time off to care for themselves as well as family members,” says Jim Brown, vice president of FMLASource.

To counteract this trend, Brown recommends that employers beef up their support services, including Employee Assistance Programs (EAPs) and work-life initiatives, to address employee issues and reduce the length of FMLA absences.

A thorough monitoring and documentation process of claims is essential, too. To ensure tighter administrative control and to curb costs in a tough economy, rely on the ComplyRight™ FMLA Administration System. It includes all the forms and information you need to effectively manage FMLA requests according to the latest regulations.

Veterans' Benefits Act of 2010 makes some changes to USERRA

2010-11-09T11:50:00.003-05:00

On October 13, President Obama signed into law the Veterans’ Benefits Act (VBA) of 2010. Through amendments to the Uniformed Services Employment and Reemployment Rights Act (USERRA), the VBA further protects service members from employment discrimination (including wages and benefits) and retaliation due to service.

Whereas USERRA excluded “wages or salary for work performed” in its definition of “benefit of employment,” the VBA references a 2002 court case to clarify that wages or salary are included in the definition.

The VBA will also utilize a multi-factor test to determine if a new, “successor-in-interest” company can be held liable for the USERRA violations of a previous company. (A modification to help prevent employers from dodging responsibility for their actions). The factors to be considered include:

• Use of the same or similar facilities
• Continuity of workforce
• Similarity of jobs and working conditions
• Similarity of supervisory personnel
• Similarity of machinery, equipment and production methods
• Similarity of products or services

The amendments are retroactive and apply to any USERRA violations that occur before, on or after the VBA’s enactment date.

Check back here to learn of potential updates to the federally required USERRA posting.

OSHA to set its "sights" on high-risk, non-construction worksites

2010-11-04T11:55:00.005-04:00

OSHA recently narrowed down the high-hazard manufacturing, non-manufacturing and nursing home sites it plans to inspect under its 2010 Site-Specific Targeting (SST) program. Designed to direct the agency’s enforcement efforts to riskier workplaces, the SST program is OSHA’s primary inspection plan for non-construction sites with 40 or more workers.

The plan relies on OSHA’s 2009 Data Initiative survey, which collects injury and illness data from 80,000 private sector establishments in high-hazard industries in the previous year. The 4,100 workplaces selected for inspection were among 15,000 employers who received warning letters from OSHA in March, informing them they had twice the number of injuries and illnesses resulting in days away from work, restricted work activities or job transfers.

“Our goal is to prevent worker injuries and illnesses and save lives,” said Assistant Secretary of Labor for OSHA David Michaels. “The Site-Specific Targeting program helps OSHA focus its enforcement resources to high-risk employers who are endangering their workers' health and safety.” osha.gov

Even if your business wasn’t targeted for inspection, you should strive to meet all OSHA safety standards, prevent accidents, and properly document injuries and illnesses. The right OSHA recordkeeping forms and tools can help you maintain a safe, OSHA-compliant workplace.

The show must go on: Judge 'em for their talents, not their financial trip-ups

2010-11-02T18:01:00.006-04:00

Sure, there was a time when she thought she could be a rock star. But the only thing that rose to the heights of her imagination was her credit card debt. Hey guitars and amps are expensive … and she really thought that next gig would be her ticket to stardom.

Her life looks a lot different now. All those unpaid bills – and her rock-star dreams – are both things of the past. Yet her previous credit history haunts her like that horrible performance in Poughkeepsie. Should her previous financial flops keep her from getting a job now?

Some employers say yes. And some legislators are out to change that.

Approximately 13 percent of employers surveyed by the Society of Human Resources Management (SHRM) said they run credit checks on all job applicants - with another 47 percent considering credit history.

Employers say they run checks to learn more about an applicant’s honesty and sense of responsibility. Lawmakers say the practice is unnecessary and keeps people in debt because their past financial problems prevent them from obtaining work.

Currently, lawmakers in at least 16 states have proposed outlawing credit checks. And late last month, the EEOC held a public meeting to address the use of credit history as a screening tool. With unemployment reaching such high levels throughout the country, there's growing concern that credit checks are unfairly excluding certain applicants from legitimate job opportunities. (Keeping our aspiring performer from earlier singing the blues when she should be pulling in a steady paycheck.)

Representatives from a variety of stakeholder groups shared their views at the public meeting. Chi Chi Wu of the National Consumer Law Center (NCLC), for instance, explained that credit histories create a “fundamental Catch-22” for job applicants during this time of high unemployment and high foreclosures. She adds: “You can’t re-establish your credit if you can’t get a job, and you can’t get a job if you’ve got bad credit.”

Other concerns expressed in the meeting are that credit checks:

• can negatively impact certain protected groups, including women and people with disabilities;
• are a poor, or unreliable, predictor of job performance; and
• are often inaccurate or riddled with errors.

It will be interesting to see how this issue plays out in the coming months. Personally, I feel that there a lot more reliable indicators of an applicant’s skills and trustworthiness than their credit history. I also know too many solid, hard-working professionals who fell victim to the real estate bust and economic downturn … and whose financial challenges play no part in their “hireability.” These people are not washed-up rock stars who need to turn in their mics and guitars.

In the meantime, remember that the Fair Credit Reporting Act (FCRA) requires employers to obtain an applicant’s written consent before requesting a credit report. And if you decide not to hire or promote someone based on details in the report, you must provide a copy of the report and let the applicant know of his or her right to challenge the report.

How to recover faster from a disaster

2010-10-29T08:00:00.001-04:00

Halloween is upon us, which means we're surrounded by all sorts of horrors: ghosts, goblins, bad Lady Gaga costumes and bottomless bowls of diet-wrecking candy.

But if the latest news stories are any indication, wicked weather is one of our bigger threats these days. We turn on the national news and witness vivid coverage of tornadoes, floods, earthquakes, severe storms, fires and other disasters wreaking havoc on homes, businesses and communities. And as we watch the destruction, we think, “Thank goodness it’s not me, my family or my workplace.”

As a responsible employer, however, you need to realize this simple truth: Disaster can strike any time. And the difference between lengthy down time and a quick recovery lies with proper emergency planning.

To ensure you’re never caught off guard in a crisis and can respond promptly, a basic plan should include:

• Emergency contact numbers. Keep a current database of employee and emergency service phone numbers in a safe place with easy access. Cell phones, with their separate networks, are good communication devices in emergencies.

• Detailed employee communication plans. How will top management deliver information to employees after a catastrophic event? It’s a smart idea to prerecord information on toll-free hotlines. And don’t forget the Internet as a way to connect with employees after a disaster.

• A list of critical tasks. Identify and distribute critical business operations (what keeps your company producing, selling, taking orders or providing services) to supervisors and employees. Also, think about limited or restricted work schedules, telecommuting arrangements and company transportation services for employees.

• An off-site meeting place. Designate an off-site location for top management and “essential” staff to meet in case your building is inaccessible.

• Customer communication plans. How will you communicate with customers on the status of their orders and deliver information to business clients?

• Data recovery plans. Natural and man-made disasters can easily wipe out hard drives and destroy databases. Keep critical back-up data at an outside location and have a plan on how to retrieve that information if disaster strikes.

• Employee health and safety. Health and safety become top priorities if you decide to keep your business open during and/or after a disaster. Refine your emergency response procedures and stock up on the appropriate first aid supplies.

Put your plan to the test ...

Once your disaster plan is in place, practice it and then practice it again. Train employees and supervisors on emergency procedures and what to do if they have limited or no access to the building.

Test your plan with emergency dry-runs and document the results. Look for ways to improve and update your plan wherever necessary. Schedule semi-annual meetings of emergency response teams to keep everyone in the loop and up to date.

The amount of lost time and productivity after a major disaster will ultimately come down to your preparations and training. With effective communication and employee cooperation, your business can keep recovery time to a minimum and your business standing after a crisis.

Are you steering clear of OSHA's top 10 safety violations?

2010-10-27T10:55:00.003-04:00

The Occupational Safety and Health Administration (OSHA) recently shared the 10 most frequent workplace safety violations for 2010 in a presentation to the National Safety Council.

Here are the 10 safety issues that made the list:

1. Scaffolding
2. Fall Protection
3. Hazard Communication
4. Respiratory Protection
5. Ladders
6. Control of Hazardous Energy – Lockout/Tagout
7. Electrical-Wiring Methods
8. Powered Industrial Trucks
9. Electrical – General
10. Machine Guarding

How safe and sound is your workplace? More important, what are you doing to build awareness and train your employees on proper safety procedures? With the right training resources, you can help prevent these top 10 safety offenses and avoid costly OSHA penalties.

American Heart Association switches CPR steps under new guidelines

2010-10-25T13:00:00.003-04:00

In the past, the steps to administering CPR were 1) clear the victim’s airway, 2) deliver rescue breaths, and 3) start chest compressions. That has changed, however, under the American Heart Association’s new CPR guidelines. Now, chest compressions come first, followed by clearing the airway and giving mouth-to-mouth breathing.

The previous guidelines – last updated in 2005 – delayed getting oxygen-rich blood circulating throughout the body, which is essential in the critical first seconds of cardiac arrest.

“Every second without blood flow is associated with cells dying, so the faster you can start CPR, the faster you get blood flowing and the better you stave off the damage from cardiac arrest,” said Dr. Dana P. Edelson, director of clinical research for the University of Chicago’s Emergency Resuscitation Center and a co-author of the guidelines.

Among other changes to the guidelines, the AHA recommends that rescuers administer at least 100 chest compressions per minute, and push the breastbone down at least 2 inches with each compression - both of which can lead to better outcomes. And for people who may be uncomfortable giving mouth-to-mouth breathing, the new guidelines encourage non-medical professionals to use hands-only CPR.

Educate your employees about the AHA’s new CPR guidelines with our fully updated Lifesaving CPR Poster and Lifesaving Choking Poster.