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Maryland enacts Flexible Leave Law, more employers improving PTO

Maryland now joins the short list of states that require certain employers to allow employees to use accrued leave with pay to care for an ailing family member.

Maryland’s Flexible Leave Law, effective October 1, allows employees to use sick and vacation leave to help care for an ill immediate family member. It applies to employers with 15 or more employees that already provide paid leave. Employees who earn more than one type of leave with pay may elect the type and amount of leave they wish to use.

By adopting the Flexible Leave Law, Maryland joins California, Maine, Minnesota and Washington as the only states with this type of legislation in place.

Though they may not be forced to by law, more U.S. and Canadian employers are improving their paid time-off (PTO) benefit programs by making them more flexible and generous, according to a recent Culpepper Benefits Survey.

Some key findings from the survey:

  • 56% of companies use traditional PTO models with days allocated to specific categories (e.g., vacation, holiday, sick and personal leave).
  • 41% of companies have a PTO bank model with a pool of days, allowing employees to take time off for any reason.
  • 18% of companies allow employees to cash out unused vacation an PTO days.


Take a look at the tables on the Culpepper site for a more detailed breakdown of the survey results.
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Are your employees sleeping enough?

More employees sleeping at work is visible evidence that they’re not getting enough sleep at home, but how many hours of sleep should everyone get each night?

As a quick follow up to last week’s post on tired employees, TIME recently revealed the latest numbers on how long we should be sleeping.

Ideal sleep time is between 6.5 and 7.5 hours each night.

Studies show that sleeping more or less than the ideal affects a person’s health and may even contribute to a shortened lifespan. Very short sleep and very long sleep are both associated with major illnesses such as depression, heart disease and obesity.

Scientists don’t know exactly why, but it seems that people who sleep from 6.5 to 7.5 hours a night live longer than those who sleep more or less than the desired amount.
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Trend watch: Sleeping at work

Ever catch someone nodding off in a meeting or “resting their eyes” at their desk? Studies reveal that many people struggle to stay alert at work and it may be a growing problem.

One-third of people have fallen asleep or become sleepy at work in the past month, according to findings from the National Sleep Foundation’s annual “Sleep in America” poll.

The poll also found that Americans are working more and sleeping less. On average, people sleep six hours and 40 minutes and work for an average of nine hours and 28 minutes.

Sleeping or tiredness at work is accountable for $100 billion in lost productivity, health care costs and employee absences.

Our nation is highly sleep deprived, according to Rubin Naiman, a sleep specialist interviewed for a recent CNN article. He added that most people need at least seven to nine hours of sleep a night for optimal health.

Some companies are tackling the problem by installing “nap rooms” for employees. Just how some office design features can boost creativity, nap and break rooms can help recharge employees’ batteries. Napping can help increase your alertness, especially in the afternoon when concentration is low.

Maureen Lippe, founder of New York public relations agency Lippe Taylor, has three nap rooms for employees, one on each floor of the building. She has been known to take a nap in one of the “serenity rooms” from time to time. The room, filled with large sofas, blankets and comfortable chairs, makes it difficult not take a quick break.

If you’ve been catching more employees falling asleep at meetings or sneaking out to their car for a quick snooze, a “serenity room” may not be such a bad idea. Here’s to a happy Friday and happy napping!
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Immigration compliance: President orders federal contractors to use E-Verify

On June 6, President Bush signed an executive order that requires all federal contractors to use the government-run E-Verify system to confirm the work eligibility of their employees.

Contractors who fail to use E-Verify risk losing their government contracts. There are currently more than 200,000 contractors working for the U.S. government.

The Department of Homeland Security (DHS) developed the electronic employment verification system, called E-Verify, which confirms the work eligibility status over the Internet. The system compares information electronically from the Form I-9 with the Social Security Administration’s database of more than 425 million records and with the DHS immigration database of noncitizens.

After the order is published, which is expected within days, a 60-day comment period will go into effect. Following the comment period, the DHS will write a final rule. The executive order is part of a larger DHS effort to crackdown on illegal employment violations.

Critics of the Order report that large portions of the business community are reluctant to use E-Verify, claiming that it is an unreliable tool. The HR Initiative for a Legal Workforce, led by SHRM, criticizes E-Verify as “a system that doesn’t really work” and lacks the capacity to handle the 200,000 federal contractors now ordered to use it.

It is still unclear when the directive will go into full effect, so stay tuned to G.Neil’s HR Forum for continuing updates.
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Work/life balance: Key to employee retention

Implementing flexible employee work schedules to foster a healthy work/life balance can be a nerve-wracking and seemingly unattainable goal to achieve. Through experimentation and a little trial and error, many companies have discovered how to retain employees by allowing flexible schedules.

“Inflexible work arrangements are a primary reason top talent leaves an organization.”

The top priority of most organizations is to attract top performers. After bringing them onboard, the real challenge is retaining those bright stars.

An article published last month out of Workforce Management looked at a few recent surveys indicating more employees are actively searching for better work/life benefits.

A 2005 Merrill Lynch survey showed that 16% of the baby boomer workforce was looking for part-time work, and 42% would only sign up for a job that allowed time off for leisure.

Another Pew Research Center survey from 2007 found that more than 50% of working mothers prefer part-time work, as a way to fulfill domestic responsibilities while also contributing to the family income.

Younger workers are also looking for companies that value work/life benefits. Unlike their older counterparts, Gen Y and the Millennials refuse to sacrifice family and leisure for their careers.

The article notes that implementing flexible work arrangements can be difficult, but it is possible. It may be as little as allowing time off for doctor appointments and school visits, or as much as telecommuting a few days out of the workweek.

The Workforce authors surveyed six firms to uncover how they are successfully applying flexible work arrangements.

Here are some of their key findings on the most important factors that contribute to the success of implementing flexible work arrangements at any company:

Alternative work arrangements must make sense for your organization. Not every position or company is suited for flexible schedules. It also depends on the individual, some personalities just can’t handle it. Be sure that flexible schedules will work for specific positions and people before implementing anything.

Remember that the goal of flexible work arrangements is employee retention. “If you want high levels of employee satisfaction, your organization needs to recognize the overlap between life and work.”

Keep communication lines open. “Successful implementation of flexible work arrangements takes a commitment to communication.” Commit to an open and honest line of communication with any flexible employee.

Ensure employees have the tools to succeed. Depending on the type of work, employees may need tools like laptops, cell phones or PDAs to stay in touch and do their jobs effectively. Managers and employees should set clear expectations of how and when an employee can be reached, and also allow for downtime.

Allow for an adjustment period. Self-management can be tough for some employees and may take time to learn. “It takes about three years to adjust for a flexible work arrangement. You need to learn what you should and should not be doing by going through it.”

Put all judgement aside. Working a flexible schedule is not “wrong” or a reflection of the employees dedication to the company. Flexible work arrangements should be considered “without judging the employee’s personal priorities.”

Success depends on employee satisfaction. According to one company surveyed, “for its company to succeed, their people need to succeed - not just at work, but in all areas of their lives.”

“Success takes time and experimentation,” especially when implementing a band new program involving flexible work arrangements. Managers must listen to their employees to determine what is working and what may need to be adjusted, until the program finds success.
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Five ways Gen Y will change the corporate world

Generation Y is leaving their messy college apartments behind and are entering the corporate world. To this new generation of workers, the corporate system is as outdated as dial-up Internet and they have big plans to change the workplace for the better.

After watching their parents overwork themselves to the brink of exhaustion and older siblings struggle with Baby Boomer bosses, Gen Y is ready to take on the workplace and mold it into what they want from it.

How will they manage this seemingly enormous task? A recent post at Employee Evolution, written by a savvy Gen Yer, explains exactly how they’ll do it. Here are some of the most insightful ways they plan on taking on the business world:

1. Meetings will be productive and held only when absolutely necessary. “Efficiency is the name of the game with Gen Y.” Factors of an effective meeting: less than 30 minutes, everyone in the room gets on the same page and it encourages people to get work done.

2. A shorter work day where more is accomplished. Gen Y wants to get the most done in the least amount of time and then get out of the office. Work/life balance is a serious issue with this generation and they will stop at nothing to keep it in tact.

3. Administrative assistants return. Gen Y does not like to waste time addressing envelopes, filling out spreadsheets and filing papers. Give that task to someone else and let them do their job. Worried about the cost? Not Gen Y, they’ll pay the extra money to make it happen.

4. Traditional retirements will vanish. Gen Y does not want to waste their youth sitting behind a desk working themselves to death like past generations may have. They want to use this time to explore what life has to offer, not wait until they’re too old to enjoy it. They’ll figure out how to put away enough money in their 401(k)s while also making time for “mini-retirements.”

5. Say goodbye to performance reviews. Gen Y desires constant feedback and communication. Waiting for a semi-annual performance review just won’t cut it for this generation. Managers will have to learn how to provide constant and ongoing feedback to keep these employees happy.

Gen Y won’t be flipping the corporate world on its head all at once, but rather piece by piece. By the time they make it to upper management, Gen Y plans wants work to be a part of their lives, not something that gets in the way.
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The impact of social media on corporate culture

In a recent post, Rob Paterson at the FASTforward Blog did a mini case study on how one company is successfully using the social networking tool Twitter in their corporate environment. It opens up new ideas of how strong the impact of social media on corporate culture will be, especially with more Gen Y and Millennial employees taking their place in the corporate world.

Zappos is an online shoe retailer that expects to bring in more than $1 billion this year. The company touts it’s success on superior customer service - promising free, four-day delivery, free returns and an outstanding call center where customers get through to a real person on the first try.

More than 300 Zappos employees use Twitter to let friends, colleagues and customers know what they’re doing at any given time in the day. This informal and immediate conversation benefits the company culture by keeping employees connected and promoting collaboration.

For those out there who missed the bandwagon - Twitter is an online, social networking tool where users update their status by answering one question (“What are you doing?”) in 140 characters or less. Tweets, as they’re called, can be made online or by text message for those employees on the go.

Take a quick look at Zappos’ Twitter page and you can find customers raving about the new boots that just arrived and the “Grt cust svc” they experienced. You’ll also find employees discussing treats outside the lunchroom and recent NPR features about the company.

Zappos also keeps a running “Inside Zappos Blog” to keep employees and customers updated on the happenings inside the company. Yesterday’s post, “Happy Birthday & Happy Graduation Young Squire,” is a congratulations to a young graphic designer for passing his New Hire Training test and his birthday, complete with a toilet-papered working area.

Other large companies, like T. Rowe Price and Best Buy have incorporated various Web 2.0 tools in their daily routines.

During each tax season, T. Rowe Price hires 1,500 workers who all go through an extensive training program. The trainers transferred the entire training program to a wiki where employees can add notes, comments and recommendations. The company estimates they save millions in wasted call time.

Best Buy created the Blue Shirt Nation (BSN), a secure and private social networking site for more than 100,000 of their employees. The company adopted the site as a way to engage employees to share new ideas that could improve the business. “In general, they talk about how to make Best Buy a better place. Improve on the things we don't do well, share the things that we do do well, talk about and express the culture that we have, talk about customers- both good and bad,” said founder and sponsor Gary Koelling.

Generation Y and the Millenials are making their way into the corporate world and bringing along all of their favorite social networking sites. Keeping these young employees engaged and connected is not tough ... if you’re using the right tools.
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Four simple tips to avoid labor law poster scams

Keeping up with required federal and state labor law poster changes is a challenge for most businesses. Finding the time to research which posters are mandatory and where to get the posters you need adds to that challenge.

Mandatory posters come from different government agencies and there is usually no notification of poster changes. To make things tougher, deceptive marketing tactics and labor law poster scams attack businesses whenever there is a change in labor laws.

Businesses that don't maintain the correct set of posters may face hefty government fines for noncompliance.

Reputable third-party poster services save businesses valuable time and give businesses the assurance that they are in complete compliance with federal and state laws.

Ashley Kaplan, G.Neil’s very own Compliance Attorney, was interviewed for a recent article in the Jacksonville Business Journal on how to help businesses sidestep deceptive poster providers.

Here are Kaplan's four simple tips to avoid labor law poster scams and choose a poster service provider that is right for your business:

  1. Check with the Better Business Bureau to verify that the seller you are considering has a superior track record.
  2. Be sure the business you choose to buy posters from completely understands federal and state laws, and employs labor law attorneys to interpret legal changes.
  3. Ask for written assurance that the posters meet exact agency requirements for font size, poster size, color and layout.
  4. Only buy from a provider that guarantees protection from fines.

To be sure you are in complete compliance of all federal and state laws visit http://www.freeposteraudit.com/.


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Genetic nondiscrimination law includes increased FLSA child labor penalties

The Genetic Information Nondiscrimination Act (GINA) included a provision to increase penalties for child labor violations under the Fair Labor Standards Act (FLSA), effective May 21, 2008.

Section 302 of GINA raises the maximum penalty to $50,000 for each violation with the possibility of up to $100,000 in penalties for cases where the employer’s violation is repeated or is a willful violation. The increased penalties apply to death or serious injury to children that occur after May 21, 2008.

From a statement released by the U.S. Department of Labor (DOL): “We are pleased that the Congress has enacted the administration’s proposal to strengthen the nation’s child labor laws and to provide today’s teenagers with safe employment opportunities.”

The DOL is responsible for enforcing the child labor provisions of the FLSA. The FLSA establishes national minimum wage, overtime pay for certain jobs, recordkeeping and child labor standards.

The change may result in an updated FLSA poster. Please stay tuned for information regarding any mandatory poster changes that could affect your business.

Visit the DOL website for a full press release.
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President signs Genetic Information Nondiscrimination Act

The Genetic Information Nondiscrimination Act (GINA) became law after President Bush signed the bill on Wednesday afternoon, May 21, 2008.

GINA prohibits health insurance companies from requiring people to take genetic tests or to use genetic information to deny insurance coverage or rates. It is illegal for employers to ask workers about their genetic information or use that information to make any decisions regarding hiring, firing, promotions or job assignments.

Supporters of the legislation hope that GINA will encourage more people to undergo medically advised genetic testing, without the fear of losing their job or insurance coverage on the basis of genetic test results.

Legal provisions affecting employers take effect in November 2009, 18 months from the date the bill was signed. The Equal Employment Opportunity Commission will enforce the employer provisions and must develop the new regulations in the next year and a half.

The Department of Labor will issue regulations which health insurance providers must follow starting May 2009, one year from the bill’s signing.
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One in four plan to work while on vacation

The summer vacation season kicks off this Memorial Day weekend, reminding us all that a little time off here and there can be good for our health. However, many find it hard to let go of work, even while on vacation.

Vacations are good. They give us a break from the daily grind, allow us to get back in touch with our families and friends, and recharge our batteries. Some studies show that employee productivity increases in employees who take vacations.

In today’s world, that may not always be the case. A new survey from CareerBuilder reveals that one in four workers (25 percent) plan to stay in touch with work while on vacation, up from 20 percent last year.

Other significant findings include:

  • 10% of workers were expected by their employers to stay in touch
  • 15% gave up vacation days last year because they didn’t have time to take them
  • 12% of workers feel guilty being away from work while on vacation
  • 6% feel that taking vacation time could lead to them losing their job

You can look at it in two different ways: either workers today care more about their jobs than ever before, so much that they want to stay in touch with work while away, or we’re all on a dangerous road leading straight to Burnout City.
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Want happy employees? Promote public transportation

Help the environment and help your employees out at the pump by encouraging them not to go to the pump at all. Some U.S. employers are starting to offer employee incentives for using public transportation instead of driving to work.

In Miami, where I-95 is jam-packed with cars almost 24 hours a day, companies are telling employees to take the train. The city of North Miami is offering large discounts to employees who buy passes for the commuter rail. A month pass that would normally cost $75 is now only $15.

The initiative, part of the Miami-Dade Transit Corporate Incentive Program, hopes to reduce toxic emissions and help ease the pain at the gas pump. About 9,000 people have already signed up.

If your employees live in a city where public transportation is limited or employees are uncomfortable using public services, encourage carpooling. You can offer incentives to carpooling in the same way you would subsidize public transit costs. Christian Mullins at Credit Union Potential has devised a framework and formula to follow when calculating car pool subsidies.

According to Mullins, offering an incentive program to use public transportation or carpooling will help employees manage gas prices and establish your company as an environmental activist.

Studies have shown that employees are happier when working for environmentally-friendly companies. Even if they don’t act on your offer, they’ll appreciate it.

The Chief Happiness Officer, Alexander Kjerulf, is also a believer that promoting a “green” workplace makes for happier employees. Here are his five reasons why “going green” creates happy and more profitable companies:

  1. It’s the right thing to do.
  2. You’re making a positive difference.
  3. It boosts employee engagement and encourages personal action.
  4. It creates a stronger bond with the company.
  5. It gives everyone a sense of pride.

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The positive and powerful side of office gossip

Gossip on the job is an inevitable part of corporate culture. No matter how hard supervisors and HR try to squelch it, gossip will find a way to live on. While hurtful gossip can be detrimental to company culture and may negatively alter coworkers’ perceptions of each other, new research is showing that a little bit of harmless gossip can actually be a good thing.

A recent SHRM article reviewed academic research revealing that women who engage in office gossip are seen as more powerful and as possessing more masculine traits than their other female coworkers.

The studies out of Albright College focused on women and the perceived relationship between gossip and power in an organization. Big gossipers are seen as “significantly more powerful, more masculine and less feminine than low gossipers.” They’re also seen as more controlling and less emotionally warm, even around friends, according to the Albright studies.

People who gossip in the office are perceived as more dominant and aggressive, as gatekeepers of information and "in the know." Those office gatekeepers will often use gossip to “reaffirm their own power within the organization."

Gossip may not always be a bad thing in the office. According to Pat Farrell at WebMD, it may help create group norms and strengthens bonds among those in a group.

It helps us to learn the “rules” of the office and eases the transition into a new corporate culture if one is new to a job.

Just like how a coffee break can help renew your energy level at work and de-stress, a few minutes of chatting about the latest gossip floating around the office “may be just what the doctor ordered,” Farrell says.
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The incredible shrinking employee 401(k)

401(k)s are performing worse than they have in more than five years.

In a recent Workforce article, the Mercer consulting firm reported losses in every equity category posting during the first quarter.

The median large-cap growth fund tracked by Mercer fell 11.6 percent during the first quarter. Large-cap core and large-cap value funds dropped by more than 9 percent.

The good news is that the second quarter is off to a stronger start. The S&P 500 posted a 4.9 percent gain for the month of April, ending a streak of five consecutive negative months.

Not only are employee 401(k)s shrinking, but one in four employees will withdraw funds from their retirement account early, according to a May SHRM article.

The experts advise that employees only borrow against their 401(k)s when it is their absolute last resort. HR managers should educate employees on the impact borrowing against retirement funds will have on the long-term growth of their money, and also on the penalties employees may face if loans are not paid back.

A 2008 Wall Street Journal Online with Harris Interactive Personal Finance poll found that:

  • About 25% of American adults have withdrawn retirement funds early, citing the most common reason as a family member losing a job and the cost of a down payment on a home.
  • Almost 33% of those who have withdrawn funds early from retirement accounts cannot pay them back
  • People between 45 and 54 are more likely to be unable to payback retirement withdrawals.

Read the full SHRM article for more detailed information on the poll.

Laurie Ruettimann, former HR professional and outspoken blogger, shared a story yesterday about a company she once worked for who allowed employees to take loans against their retirement investments during a period of reconstruction. During the reconstruction, many employees lost their jobs and were forced to pay back their 401(k) loans in full within the 90 day period after termination date, or the loan would be treated like a cash withdrawal.

Ruettimann’s advice:
1. Don’t take a loan against your 401(k).
2. Don’t do it.
3. Just don’t.



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State Supreme Court upholds ruling in workplace bullying case

In what may be the first workplace bullying case of it’s kind, the Indiana Supreme Court has upheld a $325,000 verdict in a bullying case against a heart surgeon.

A hospital operating room perfusionist (person who operates the heart/lung machine during open heart surgeries) filed suit against the doctor for assault.

While no physical harm was done, assault in Indiana can be committed when a person acts with intent to cause harm to another person and the victim feels reasonably afraid that the contact will occur.

The victim in the case alleged that the doctor aggressively charged him “with clenched fists, piercing eyes, beet-red face, popping veins, and screaming and swearing at him.” The victim backed up against a wall, protecting his face with his hands in fear that the doctor would hit him. Read the full case report.

For more information on workplace bullying, read a past blog post on the issue or search articles from our News & Info section.
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Recycle your way to a ‘green’ workplace

At home you may always do your best to reduce waste by recycling, but walking through the office doors transforms you into a “triplicate-printing, paper-cup-squashing, run-our-computers-all-night-so-
the-boss-thinks-we're-working earth befouler.”

Each year, U.S. workplaces are responsible for:

10, 000 pieces of copier paper per employee
40% of carbon dioxide emissions due to heating, cooling and power
70% of the country’s total electricity usage.
1.3 billion tons of CO2 from employee commutes
$1 billion worth of electricity to keep office computers running


Other than printing less paper and working by candlelight, there’s one simple way to do your part to go ‘green’ at the office - recycle.

Here are eight easy steps to recycle your way to a ‘green’ workplace:

1. Set up a ‘green’ committee. Form a group of employees interested in environmental issues to organize recycling efforts at work.

2. Perform a waste-audit. Take inventory of the amount and types of trash your office produces including printing paper, catalogs, newspapers, soda cans, plastic water bottles and printer cartridges.

3. Contact your local recycling company or find a drop-off location. Get price estimates for dumpsters and pick-up services. If recycling can’t come to you, find a location where you can drop off recyclables.

4. Coordinate the collection effort. Place recycle bins in the proper locations around the office, including the lunchroom, printing areas and warehouses. Give employees their own small bins for scrap paper around their work areas.

5. Promote the effort. Promote the recycling program throughout the office with informational fliers and posters. Show employees where recycle bins are located around the office and what should go in each bin.

6. Plan fun events to support the effort. Set up a competition to see which department can recycle the most to encourage participation.

7. Share your goodwill efforts. Add an article to your employee or industry newsletter communicating your ‘green’ efforts. Write and distribute press releases on how your company is helping the environment.

8. Keep up the good work. Evaluate the program’s progress on a regular basis. Remind employees about their efforts and to keep recycling. Come up with more ideas on how to go ‘green’ at the office.
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Governor signs New Jersey Paid Family Leave Bill

On Friday May 2, the New Jersey governor signed a bill that will give employees in the state up to six weeks of paid leave per year after the birth or adoption of a child or to care for an ailing relative.

The law will go into effect next year, allowing parents to take paid leave within the first year after the child’s birth or adoption. The New Jersey Paid Family Leave Bill also extends to allow paid time off to care for a seriously ill immediate family member.

Governor Jon Corzine’s decision to sign the bill was influenced by a traumatic car crash just more than a year ago that ended with Corzine in the hospital. The Governor said his family’s strong support was a major part of his recovery, but not everyone is as fortunate to have family able to be at the hospital everyday.

New Jersey joins California and Washington as the only states to offer similar family leave benefits.

A state fund will replace up to two-thirds of salary for a person on leave, no more than $524 per week. Family leave benefits will be funded through employee payroll deductions, with a maximum contribution of $33 per employee each year.

There will be a seven day waiting period for those who apply for paid family leave before they can collect benefits. Employers can require employees to use up to two weeks of unused vacation time before receiving paid family leave. One of those vacation weeks will is meant to cover the waiting period.

Employee contributions are set to being January 1, 2009, with benefits available starting July 1, 2009.

Read a past post on this topic and the fully story from the Ashbury Park Press.
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Build employee morale during good times and bad

Everyday, more and more industries are facing layoffs and major downsizing. Paired with a looming recession, employees are more stressed than ever.

Keeping employee morale high during times like these can be tough, but those at Harvard Business Online say good leaders should be able to inspire no matter what.

“Good morale does not require people to be happy.” Instead, the definition of good morale is that individuals’ emotions contribute to the unit as a whole in order to achieve goals. A leader’s job is building team focus and dedication, according to the author.

This can be achieved if you hold on to four truths:

Employee efforts contribute to making someone else’s life better. People work their hardest when they know they are making a difference in another person’s life. Show your employees the good work they’re doing with examples. Something as small as a positive customer review can make an employee feel proud of what they do.

The company depends on their ideas. After downsizing, it is usually a company’s top performers who are left to keep the business moving. Let these employees know that their ideas are crucial to the company’s success and be open to listening to new ideas.

Bad times will end soon. Most of the time, employee layoffs happen before a company is in financial trouble, and used as a means to cut costs before profits plummet. Let your employees know that the downsizing is only temporary and when you foresee an end to the job cuts.

Good times are just around the corner. During a downsizing, employees may take on roles and responsibilities they may not have had under any other circumstances. When good times roll back around, managers will notice how these employees have stepped up and possible promotions may follow.
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Gas prices take a bite out of employment relationships

In the past, employees could justify a long commute if the work was worth it. Now, more than just a long commute, employees are feeling the burden of the highest gas prices our country has ever seen.

It’s predicted that by 2012, American gas prices could reach $7 per gallon. At that rate, a 2008 Toyota Corolla with a 13.2 gallon gas tank would cost $92.40 to fill up (pre tax). Depending on how many times you fill up, how long your commute is, that number takes a big chunk out of most paychecks.

An article by WorldatWork editor Bob King examines how gas prices are affecting employment relationships. Employers can actually help “ease the pain at the pump” and use it as a chance to gain employee appreciation and loyalty.

“Organizations that can efficiently and effectively respond to the needs of employees in scheduling have an advantage over their competitors,” Tom McMullen U.S. Reward Practice Leader for Hay Group, said in the article.

Rose Stanley, WorldatWork practice leader suggests companies should look into ways they can help alleviate the burden of high gas prices, including:
  • Transit subsidies
  • Car pooling/van pooling
  • Flexible scheduling
  • Teleworking for part of the week
King advises companies to first try to mitigate employee gas prices with the examples above before boosting employees’ base pay. Increasing employee base pay would be a quick fix to a continuing problem. What if you increase pay this month and next month gas prices are up again?

For the full details read the WorldatWork article. Also, visit Compensation Force for more discussion on this topic and others affecting employee performance.

This issue will continue to grow as long as gas prices continue to rise. How have increasing gas prices affected your employment relationships?
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Update: Genetic discrimination bill through Congress onto President

The House passed the Genetic Information Nondiscrimination Act on May 1. The Senate unanimously passed the same measure on April 24. The bill now goes to President Bush, who is expected to sign it.

The measure will prevent employers and insurance companies from discriminating against individuals on the basis of genetic information. It will prohibit employers from making personnel decisions based on an employee's predisposal to disease and insurers will be prohibited from denying coverage or increasing premium costs based on an individual's genetic information.

“We are currently monitoring the bill’s status very closely,” said Lillian Mojica, G.Neil Managing Research Attorney. “If and when the President signs the bill into law, we will be here to keep you informed about how this legislation will affect your business.”

Read a previous post on this topic.
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Hiring teens for summer jobs? Make sure you follow the rules

Last week, Secretary of Labor Elaine L. Chao, presented the Occupational Safety and Health Administration’s (OSHA) Teen Summer Job Safety Campaign in downtown New York City.

The job safety campaign is part of OSHA’s Young Worker Initiative to reduce work-related injuries among teen employees by teaching them proper on-the-job safety techniques. OSHA’s goal is to reach more than three million teens in hopes that lessons learned now will be carried throughout young workers' careers.

The Young Worker Initiative site is full of information and helpful resources for teens, parents, employers and educators for all to help young summer employees have a safe and rewarding work experience.

The Teen Summer Job Safety Campaign kicks off just in time as teens begin their search for summer work. Be sure you know the laws regarding child labor and safety before hiring any underage employees.

Two major areas to be concerned with are the Fair Labor Standards Act and OSHA.

OSHA. Depending on where you do business and in what industry, you must comply with certain hazard-specific job safety and health standards. OSHA is the federal department in charge of setting and enforcing safety and health standards in the workplace. All employees, including teen workers should be trained on how to stay safe while on-the-job.

Visit the OSHA Teen Workers site and your local Employment Standards Office for help with questions.


FLSA. The FLSA was set in place to protect minors’ educational opportunities and prohibit work that is harmful to their health and safety. For employees under the age of 18 there are rules regarding compensation, occupations and industries they may work in, as well as the hours they may work. Each state also has a set of child labor standards to abide by.

Visit the Department of Labor for more information on the FLSA and also be sure to check with your local state offices on specific standards in your state.


G.Neil carries an entire line of labor law compliance solutions to help you understand both the FLSA and OSHA, before hiring teens for the summer. Take a look and be sure you know the right way to hire and manage teen employees this summer and all year round.
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Senate passes genetic nondiscrimination bill

Anti-discrimination legislation is on the move that would protect employees’ jobs and health insurance coverage against decisions made on the basis of genetic information.

On April 24, 2008, the U.S. Senate unanimously approved the Genetic Information Nondiscrimination Act, or GINA.

GINA will:
  • prohibit the use of genetic information to deny employment or insurance coverage,
  • ensure genetic test results are kept private,
  • and prevent insurance companies from making eligibility or premium decisions based on genetic information.
The act will now go back to the House of Representatives for final approval. It is then on to President Bush’s desk, who is expected to sign the bill as early as next week. The bill's effective date will be 18 months after the President signs.

Check back often for updates on the status of GINA and whether there will be posting changes once the bill is signed into law.

Read the full Associated Press article.
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Workplace bullying: More than just a tough boss

Workplace bullying is repeated, health-harming mistreatment in the form of verbal abuse and offensive conduct or behaviors, according to the Workplace Bullying Institute. The wounds from bullying can run deep, even deeper than sexual harassment in the workplace.

Results from a 2007 Workplace Bullying Institute survey of American workers found that:
  • 37% have been a victim of bullying
  • 49% have experienced or witnessed bullying at work
  • 32% occurs behind closed doors
  • 50% and more involves targets being publicly humiliated

Another survey by Zogby International discovered that women account for 40 percent of workplace bullies. Over 70 percent of the time, women bullies will target other women.

Researchers also found that workplace bullies tend to be supervisors, but just because a boss is tough, doesn’t always make them a bully.

A tough boss will motivate an employee through constructive criticism and will challenge their teams to work harder in order to achieve goals. A bully would belittle a worker by constantly reminding them of mistakes and insult their work.

Currently there are no anti-bullying state laws protecting workers, it is left up to the businesses to combat workplace bullying before it ever begins.

One public relations firm in Chicago has strict rules prohibiting office gossip. The boss has fired three employees who failed to follow the rules of not talking behind the backs of clients or coworkers, inside or outside of the workplace.

The first step to prevent workplace bullying is to develop a policy that outlines unacceptable behavior and the consequences of bullying behavior. Every company is different and should adopt bullying policies and procedures that fit their unique culture.
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Workplace smoking policies: When employees lie

Whirlpool suspended 39 workers for lying on insurance paperwork about their smoking habits, as reported by the Chicago Tribune.

The suspended employees all claimed they do not use tobacco products, but were caught in the act on the Evansville, Indiana, factory property smoking or chewing tobacco. Some accused workers may even lose their jobs because of the lies.

Whirlpool uses a financial incentive program to encourage workers and their families to not smoke. Workers at the Evansville factory who smoke are charged an extra $500 in annual health insurance premiums.

Whirlpool’s actions show one difficulty companies encounter when enforcing wellness programs based on the honor system.

"Employers have been using the honor system ever since wellness programs started, and you have to be a little naive to think that people are going to admit they smoke when they know they're going to be penalized."

Enforcing smoke-free workplace policies can be tough, especially if employees are untruthful about their smoking habits.

With rising healthcare costs and the dangers of second-hand smoke, some companies are completely snuffing out smoking on company property.

No Smokers in the Workplace: The New Controversy,” from G.Neil’s News & Info section, examines how some workers are fighting back against smoke-free policies with legal action. Some workers’ rights groups claim the policies violate one’s right of free expression.

State no-smoking laws can stir up confusion when determining if your company should enact a smoke-free policy. For help on how to sort through related legal issues, read the full article at G.Neil.com.
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MySpace and hiring: Convenient, but risky

Tempted to use MySpace or Facebook to do a little research on a potential job candidate? You may want to think twice.

Some experts advise using extreme caution when using social networking sites to learn background information on a candidate. Others recommend staying away from the sites completely.

On anyone’s MySpace profile you can usually find out that person’s gender, relationship status, sexual preference, home town, age, religion and how many children they have. The problem is that all of these topics should be off-limits during the interview process.

Making a hiring decision based on any of the topics just mentioned would be considered discriminatory and could potentially land your company in some legal hot water.

The California Labor & Employment Defense Blog has a full run down of legal issues to be aware of when using the Internet to research job candidates and current employees. Here’s a summary of just a few:

Invasion of privacy. Some social networking state in their terms of service agreements that it is unlawful to use profile information for employment decisions.

State protected privacy. California and New York currently have statutes prohibiting employers from interfering with employees’ private lives outside of work.

Discrimination. Even if an employer came across the information unintentionally, it is unlawful to deny employment based on protected topics such as age and gender.

Take a look at the full post for a complete overview.
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Suspected FMLA leave abuse top HR concern

Employee abuse of the Family Medical Leave Act (FMLA) is the top concern for human resource professionals regarding the law, according to a WorldatWork survey earlier this year.

WorldatWork administered the survey in response to the Department of Labor’s proposed changes to the FMLA regulations. The proposed changes are aimed at resolving tough issues employers face when administering the law.

Under FMLA, employers must provide up to 12 weeks of unpaid, job protected leave during a 12 month period. Reasons for FMLA leave include the birth or adoption of a child, caring for a seriously ill immediate family member or for the employee’s own serious illness.

Of 450 human resource professionals surveyed:
  • 42% said the potential for or suspicion of abuse by employees causes “extreme difficulty” in administering intermittent FMLA leave.
  • 38% reported inadequate notification prior to an absence.
  • 28% reported difficulties tracking intermittent leave.

When asked what changes to the FMLA they support:
  • 72% strongly agree with requiring workers to notify employers in advance of taking non-emergency, foreseeable leave.
  • 61% strongly agree with requiring annual medical certification from employers when conditions last more than one year.
  • 60% strongly agree with requiring a fitness-for-duty certificate after return from intermittent leave to jobs that could endanger the employee or others, or that the worker may be unable to perform.

A full copy of the survey is available at WorldatWork.org/research.
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New Jersey set to offer paid family leave

A New Jersey bill that would provide paid family leave benefits for workers caring for sick family members and newborn children received final legislative approval from the New Jersey Senate this month. It is now up to the state governor to sign the bill, which he previously announced would happen.

The bill would authorize up to six weeks of employee-paid family leave during any 12 month period. Under the bill, employees may take up to six weeks of paid family leave during any 12 month period in order to care for a sick family member, or a newborn or recently adopted child. Employees would receive two-thirds of their weekly salary, no more than $524 each week.

Once the governor signs the bill, New Jersey will be the third state after California and Washington to require paid family and medical leave.

Read the full article in the Asbury Park Press.
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'Bring your guns to work' bill passes Florida senate

To follow up on a topic we reported on last month, the Florida senate approved a bill on April 9, that would allow employees and customers with concealed weapons permits to bring a firearm onto company property. The bill, familiarly known as the “bring your guns to work” bill allows firearms to be kept in locked vehicles in company parking lots.

The bill now goes on to the governor, who will likely sign it into law, according to a recent SHRM article.

The bill prohibits employers from asking if an employee or customer is carrying a gun and from searching that person’s vehicle for a firearm. In addition, the bill will make it illegal to deny employment because the applicant has a concealed weapons permit. Also, employers may not fire an individual for keeping a licensed weapon in their vehicle.


Against the bill - The Florida Chamber of Commerce


The Florida Chamber of Commerce is against the bill, claiming that it would “undermine the property rights of Florida businesses and could endanger workers.” Whether an employee is able to bring their gun to work was previously determined by the property owner. Passage of the bill will deny employers of that right.

They also claim the bill could lead to increased workplace violence. Additionally, the chamber is against the bill because it would give gun owners the same discrimination rights as victims of sexual harassment and racism.


For the bill - The National Rifle Association

The National Rifle Association (NRA) is pushing for the governor’s signature on the bill, under the belief that it will help protect employees as they travel to and from work.

They also claim that businesses violate constitutional rights of individuals by having the power to search private vehicles and by banning an individual’s right to legally carry a gun.


We would like to hear your opinion. How do you feel about a coworker or customer being legally able to possess a firearm on company property? What’s your stance on the bill?
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Internships: To pay or not to pay?

As you interview and start to fill summer internship positions with energetic, young college students, think about how you plan on compensating their work.

To pay or not to pay? - The big internship question.

Many businesses pay interns well for their work, but unpaid internships do still exist across non-profit and for-profit organizations alike.

A new study by the National Association of Colleges and Employers (NACE) found that college students can make a decent hourly salary if they land the right internship. The 311 employers who participated in the survey reported offering their undergraduate interns $16.33 an hour on average and almost $25 for interns with Masters’ degrees.

Many factors can impact intern salaries, including the student’s degree level, year in school, field of study and organization’s industry and location, according to NACE.

Ann Bares at the Compensation Force blog notes that students in the NACE survey report less satisfactory experiences with unpaid internships, often citing lack of pay as a major reason for dissatisfaction.

She offers some “food for thought” while you fill internship spots for this summer:

“My guess is that, while the lack of pay may indeed be a dissatisfier, there is probably an interplay of factors at work here: organizations that are not paying their interns may be less motivated to invest in creating the support and structure necessary for a worthwhile experience - for both parties.”

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Veterans return to tough job market

Finding a job in the U.S. amidst talks of recession and the weakening dollar is tough for many Americans, even harder for returning veterans.

Compared to civilians of similar age and education, veterans have less of a chance of being hired.

Eighteen percent of the veterans recently back from overseas tours of duty are unemployed. Of employed veterans, 25 percent earn less than $21,840 a year, according to the Department of Veterans Affairs.

The data was compiled from a survey of 1,941 veterans who left the military between December 2004 and January 2006. The survey matches up with Census Bureau and other data showing employment rates and wages are lower for troops returning from the Iraq and Afghanistan war zones than their civilian peers. Read the full article in the Washington Post.

With soldiers returning to work, there are federal laws businesses must abide by. Particularly, the Uniformed Services Employment and Reemployment Rights Act of 1994, most commonly known as USERRA.

Recently, the Justice Department filed a lawsuit against Wal-Mart to defend the employment rights of an Air Force veteran.

The Air Force veteran claims that Wal-Mart denied him of his civilian employment position as a cashier in Orange City, FL. Subject to certain limitations, USERRA requires that individuals who leave their jobs to serve in the military be reemployed by their civilian employers in the same position that they would have held had they not left to serve.

Read the full Department of Justice press release.
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Workplace weight discrimination rivals racial bias

Discrimination against overweight and obese people is as common as racial discrimination, according to a study by the Rudd Center for Food Policy & Obesity at Yale University.

Overweight women, in particular, report weight discrimination twice as often than overweight men in the workplace.

“These results show the need to treat weight discrimination as a legitimate form of prejudice, comparable to other characteristics like race or gender that already receive legal protection,” said Rebecca Puhl, research scientist and lead author of the study, which appears in the March 4, 2008 issue of the International Journal of Obesity.

The study compared self-reported weight discrimination to experiences of discrimination based on race and gender among a nationally representative sample of adults between 25 and 74-years-old.

Findings also reveal that women are twice as likely as men to report weight discrimination. Women also reported that weight discrimination in the workplace and interpersonal mistreatment due to obesity is common.

Currently, Michigan is the only state that includes weight and height in its anti-discrimination law.

Without any specific protections in state law, people claiming discrimination must show in court that their obesity is a type of disability, protected under state anti-discrimination law, according to Lillian Mojica, G.Neil Research Attorney.


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Family issues top reason for “Mental Health” days

Some wise words from Michael Scott, the boss at Dunder Mifflin (from NBC’s The Office):

“Society teaches us that, having feelings and crying is bad and wrong. Well, that's baloney, because grief isn't wrong. There's such a thing as good grief. Just ask Charlie Brown.”

Well, there may not be such a thing as “good grief,” but grief and family issues do have an impact on employees in the workplace.

Just like calling in sick with the flu, many employees use unplanned absences for mental health days, according to a recent survey by ComPsych.

What exactly is a mental health day? When “you have no physical ailment but you know you can’t focus on the job” and need a day to re-energize, according to David Campbell, senior VP of quality and customers at ComPsych.

Generally, mental health days are unplanned and in response to a crisis at home or to prevent burnout at work.

Campbell advises employers to create a culture where it’s acceptable and encouraged to take vacations and unplug from work. Employees with too many vacation days saved up should raise a red flag and that the employee may not be taking needed time off.

“If you take regularly scheduled time off … it’s going to keep you sharp all the time,” Campbell said. “Take more than a day [at a time]; take those vacations on a routine, regular basis.”

Remember that having a healthy workplace environment includes mental health. Not all workplaces are the same, and you should implement policies and practices regarding mental health days that fit your situation.

What is your opinion on mental health days? Do you think it’s a legitimate excuse to take time off work, or just baloney?



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Employee 401(k) loans on the rise

Increasingly more employees are damaging their financial futures by borrowing against their 401(k) plans. Retirement plan participants are taking out loans on their investments at an accelerated rate, as reported in Workforce Management.

Researchers from Boston College expect that the trend will continue and companies should expect to see more employee 401(k) loans this year.

With our country’s credit crisis and poor housing market, if they need the money, why shouldn’t employees take out a loan on their 401(k)?

The author of the Retirement Plan Blog explains why it’s a bad idea:
  • They’re losing the earnings on their accounts since there’s less money to invest.
  • The tax shelter advantage is lost since the loan is paid back with after-tax dollars.
  • The interest paid on the loan is not deductible since it’s considered regular consumer debt.
  • If the participant terminates employment prior to paying off the loan, the loan has to be repaid or it’s considered a taxable distribution with a 10% penalty tax if the participant is under age 59 1/2.
Some employees don’t even have the benefit of taking out a loan against their 401(k). Less than 50 percent of the workforce, ages 25 to 64, has any kind of defined benefit or defined contribution plan, according to the director of the Boston College Center for Retirement Research.

According to the research, of those eligible to participate in defined contribution plans:

  • 89% do not contribute the maximum
  • 20% to 25% do not contribute at all
  • 45% do not rollover their investment when changing jobs

In companies that have automatic 401(k) enrollment, 86 percent of employees participate.

Automatic enrollment may not always be enough. Participants generally fail to increase the amount of their default contributions over time. According to the research, 61 percent do not increase their contributions above the default.

Educate your employees on why they should contribute to the company's 401(k) plan and coach them on how to effectively manage their money.


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Free product and service listings at TrainingTime.com

TrainingTime.com, a new vertical search and shopping website, is offering free advertising opportunities for employee training and development solutions providers through September 1, 2008.

TrainingTime.com provides a one-stop resource for businesses to find, compare and select different types of employee training and employee motivational products within an intuitive, easy shopping experience. It also gives providers of training products and human resource seminars a highly targeted, engaged audience of professionals ready to buy.
“TrainingTime.com lets you shop for training products, classes for training consultants and employees, and the best business seminars the same way you’d shop for the latest electronics on familiar sites like PriceGrabber and Shopzilla.”
In addition to training providers, TrainingTime.com welcomes training consultants, professional speakers and meeting planners to promote their services — allowing them to explore new, faster ways to reach a more targeted audience.

Read the full press release here.


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Alcoholism in the workplace

Excessive alcohol use and alcoholism costs U.S. employers an estimated $134 billion in lost productivity. On average, nine percent of workers have drinking habits that contribute to absenteeism, higher health care costs and lost productivity.

Hospitality, construction and wholesale industries have significantly higher alcohol abuse rates and cases of alcoholism in the workplace, according to a recent report.

The findings are from a report on alcohol abuse by Ensuring Solutions to Alcohol Problems at the George Washington University Medical Center.

Younger employees are also at risk. More than 18 percent of young workers between the ages of 18 and 25 have an alcohol-related problem, compared to just seven percent of workers older than 25.

Alcohol abuse poses a difficult challenge in the workplace because it is often hidden. With a small investment in effective prevention and treatment for alcohol problems, employers can reduce costs and help employees, according to Ensuring Solutions.

Ensuring Solutions has created a helpful calculator to help employers estimate the impact of alcohol problems and the potential cost savings to be gained through screening and intervention.

What can you do to help employees with alcohol problems at your office?
  • Teach the difference between safe and risky drinking.
  • Screen for alcohol problems.
  • Cover treatment through health insurance.
  • Support treatment and recovery.

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Friday HR Humor - HIPAA/HIPPA

HIPAA - One of the most misspelled acronyms in the HR vocabulary.

What it stands for (if you don’t know already): Health Insurance Portability and Accountability Act.

HIPAA or HIPPA? You say tomato, I say tomahto? Potato, potahto?

Instead of calling the whole thing off, here’s some ideas for what HIPPA could stand for:


For bureaucrats:

Help in Paper Proliferation Acceleration

Help Incompetents Push Paper Around


For cautious optimists:

Hopefully Inclusive Patient Protection Act


For realists:

Hopelessly Incomplete Patient Protection Act


For health care big business:

Healthy Individuals Push Profits Away


For the rest of us:

Hospitals Inspire Patently Pitiful Appetites

How is Paperwork Protecting Anybody

Hell’s Infernal Paperwork Proliferation Act

How Intelligent People Prevaricate Administratively
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Possible jail time for noncompliant recruiting practices

The Immigration and Customs Enforcement policy can put recruiters in jail for workplace immigration law violations, as reported in a recent Workforce article.

Employers who have not fully trained their recruiters in new state regulations and federal I-9 compliance could be looking at stiff penalties and possible jail time, according to the article.

Until new federal legislation is enacted, recruiters are being caught up in the nationwide crackdown on undocumented workers.

The current Immigration and Customs Enforcement (ICE) policy allows for criminal arrests for workplace immigration law violations. In 2007, ICE made 863 work-site criminal arrests of corporate officers, managers and contractors, and 4077 administrative arrests.

“ICE commonly stage raids at the workplace and then move straight to corporate headquarters.”

As of December 26, 2007, employers must be using the updated Form I-9 that was released by the Department of Homeland Security in November. Read previous HR Forum posts regarding the updated I-9 form.

Read our new Form I-9 FAQ for more information on the revisions.
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The right to bear arms ... at work?

The “bring your guns to work” bill (H.B. 503/S.B. 1130), has resurfaced in the Florida legislature, and appears headed toward passage. The bill would make it illegal for businesses and other private property owners to have policies prohibiting firearms on their private property.

It would make it unlawful for an employer to “discriminate against” an employee for exercising their constitutional rights to bear arms and of self defense, when the gun is used only in a lawful, defensive way. The legislation protects customers, employees and anyone invited on the property.

Florida is not the only state to consider this type of legislation. There was a bill pending in Georgia and a bill is currently pending in Tennessee.

Like always, we’ll keep watching this and other bills that could affect your business. Keep coming back for updates.

For more detail on the “bring your guns to work” bill, read the full article.
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Going green at the office? Start with your printers

If you can’t make the leap to a fully paperless office, start with printing less paper.

GreenPrint is a new software program to help you take the first few steps to going green at the office. The program is designed to analyze what you send to the printer, eliminating blank pages or pages with only a few lines of text.

“Saving money today, trees tomorrow,” according to the GreenPrint site.

Along with saving paper, you’re also saving on expensive toner. GreenPrint also allows users to exclude images from a print job, cutting back on ink costs. It can even turn documents in to PDFs, eliminating printing all together.

The best part, the software will track the amount of pages printed and money saved.

It could be one small way offices around the world can do their part to waste less and go green.
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High OSHA violations? You've been warned

Earlier this month the Occupational Safety and Health Administration notified 14,000 employers across the country that their injury and illness rates were considerably higher than the national average.

The notifications come as a proactive step to encourage employers to take action now to reduce and improve safety and health conditions in their workplaces. Read the full OSHA press release.

“A high injury and illness rate is costly to employees and employers in both personal and financial terms,” said OSHA Assistant Secretary Foulke. “Our goal is to make them aware of their high injury and illness rates and to get them to focus on eliminating hazards in their workplace.”

As reported in a previous post, the top OSHA violations in 2007 included:
  • Scaffolding
  • Hazard Communication
  • Fall Protection
  • Respiratory Protection
  • Lockout/Tagout
  • Powered Industrial Trucks
  • Electrical - Wiring
  • Ladders
  • Machine Guarding
  • Electrical - General

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HR Legal Outlook: Hottest bills

Last week, HR professionals came together to hear the Society for Human Resource Management’s analysis of the hottest bills before Congress at SHRM’s 2008 Employment Law and Legislative Conference in Washington D.C. (Read the full article).

The key issues to watch, according to Michael P. Aitken, SHRM Director of Governement Affairs, are:
  • Employment eligibility verification
  • FMLA military leave
  • Proposed FMLA regulations
  • ADA restoration
A brief overview of the issues:

Employment eligibility verification - A new bill would make the current electronic verification system for employment, E-Verify, the permanent system for use by employers. If passed, employers would have to check each new employee’s work eligibility using E-Verify within three days of hire. Employers would have to verify work eligibility of previously hired employees within four years of the bill’s enactment.

Another bill on the same topic would create a new electronic verification system for employment within three years of enactment.

FMLA military leave - Signed into law in January, The National Defense Authorization Act expanded the FMLA act, allowing eligible employees to use leave when an immediate family member is called for active duty in the military or is injured in the line duty. (Read a previous HR Forum post on this topic)

Proposed FMLA regulations
- The proposed regulations address questions regarding notice requirements for employers and employees, medical certification requirements, privacy interest in health information, intermittent leave, medical certification, and what constitutes a "serious health condition" under the FMLA.

ADA restoration - the ADA Restoration Act of 2007 aims to redefine the term “disability” in the ADA to eliminate the requirement of “substantial limitation” of a major life activity. Under the proposed amendment, an ADA-qualifying “disability” would simply be a “mental or physical impairment.” Any impairment, regardless of how temporary, intermittent, or minor would be covered - including health conditions not previously covered. The proposed changes to the ADA would impact not just hiring, but all terms and conditions of employment, including healthcare plans.

(Read the full article here for more detail)

We'll keep watching these topics as they move through legislation. Visit the HR Forum often for updates.
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March Madness Counterpoint: Team building

In order to keep the game fair, we must look at the counterpoint to a post from last week regarding how awful the March Madness basketball tournament is for employee productivity. Within reason, March Madness may actually benefit an office.

It’s important that employees work in enjoyable work environments. Office pools, and all the “my team is better” conversations can help build positive work relationships. As long as it doesn’t get too much in the way of work, you may just want to let March Madness run it’s course.

In a Workforce Management post this week, the author claims productivity lost to March Madness is just another urban legend.

“All of this talk about lost productivity because of March Madness is nonsense. I haven’t seen any credible research that supports the premise, and the ‘data’ that is used to make the point is soft and suspect.”

After covering the same topic last year, readers wrote to the author telling him that March Madness boosted employee bonding and office morale.

“There is no more evidence of workplace productivity losses because of March Madness than there is evidence of alligators in the sewers, Elvis living with aliens, or the Loch Ness Monster. I like fairy tales, but March Madness as a workplace problem is ridiculous.”


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Workplace bullying more harmful than sexual harassment

Workplace bullying may inflict more harm on employees than on-the-job sexual harassment, according to a recent research study. Researchers presented their findings earlier this month at the Seventh International Conference on Work, Stress and Health.

Bullying includes persistently criticizing employees’ work, yelling, repeatedly reminding employees of mistakes, spreading gossip or lies, ignoring or excluding workers, and insulting employees’ habits, attitudes or private life.

Both sexual harassment and bullying will create negative environments at work, but bullying may create the most negative of the two. Employees who experienced bullying were more likely to quit their jobs, have lower well-being, be less satisfied with their jobs and have less satisfying relations with their bosses than employees who were sexually harassed, according to the researchers.

Bullied employees also reported more job stress, less job commitment and higher levels of anger and anxiety.

“Bullying is often more subtle, and may include behaviors that do not appear obvious to others," said lead author M. Sandy Hershcovis, PhD, of the University of Manitoba. “For instance, how does an employee report to their boss that they have been excluded from lunch? Or that they are being ignored by a coworker? The insidious nature of these behaviors makes them difficult to deal with and sanction.”


How do you deal with and document harassment in the workplace? The “Ask an HR Expert” section of G.Neil.com answers the question.

First, take a preventative stance and have a strong “zero-tolerance” harassment policy. Train managers and employees on the specifics of your policy. If harassment does occur, start an investigation immediately.

See the full entry.
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Workplace harassment and civil rights, comply or pay

Last week, the U.S. Equal Employment Opportunity Commission (EEOC) announced the settlement of a race and national origin harassment lawsuit for $1.9 million against Allied Aviation Services, Inc. The lawsuit was on behalf of African American and Hispanic workers who were targets of racial slurs, graffiti, cartoons, and hangman’s nooses at a the Dallas/Ft. Worth airport. Read the full press release.

According to the EEOC’s charges, African American and Hispanic employees of Allied were verbally harassed in a racially hostile work environment on a daily basis. The harassment included racial graffiti, clearly visible on fuel tanks, employee restrooms and written on aircrafts. A manager kept an offensive cartoon, belittling a Hispanic worker, under glass on their desk for months. In addition to those offenses, an employee in a mixed race marriage was subjected to racial abuse.

“It is appalling that racial harassment remains a persistent problem at some job sites across the country in the 21st century, more than 40 years after passage of the landmark Civil Rights Act,” said EEOC Chair Naomi C. Earp. “Employers must be more vigilant and make clear that race discrimination, whether verbal or behavioral, has no place in the contemporary workplace.”

Title VII of the Civil Rights Act bans discrimination in any aspect of employment because of a person’s race, color, religion, sex, or national origin. It covers employers with fifteen or more employees, but many states have comparable laws covering companies with fewer employees.

In “Workplace Danger: Harassment,” the rules regarding Title VII are explained further along with ways to stop harassment now in your workplace.
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G. Neil in the News

G. Neil's very own compliance attorney, Ashley Kaplan, was quoted today in a Pittsburgh Post-Gazette article.

A Pennsylvania company recently settled with the state's Attorney General's office for fraudulent marketing practices. After confusing companies into thinking it was a government agency, Mandatory Poster Agency Inc. has agreed to pay $10,000 in civil penalties, another $10,000 toward future protection and will offer refunds to more than 400 companies that bought its food service compliance posters.

Posting compliance in the service industry may sometimes be confusing because of changing laws in the industry.
Ms. Kaplan's advice [when buying labor law posters] is that employers should make sure they are dealing with a reputable firm, which they can check with the Better Business Bureau. They also should make sure the company from which they are buying posters has attorneys on staff to research the posting requirements and they should make sure the posters they put up meet the requirements in terms of font size and colors.
Read the full article.

Please also read our recent post regarding the temporary FMLA poster and fraudulent claims.
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Do English-only workplaces discriminate?

Are English-only workplace policies discrimination? An article on SHRM today examines the issue.

Many U.S. employers support English-only rules as a way to ensure good employee relations and a safe work environment. But recently such rules have become a political lightning rod.

Some employee advocates have accused employers of enacting English-only policies to discriminate against immigrants.

The Equal Employment Opportunity Commission (EEOC) enforces federal rules associated with this issue. The Commission allows U.S. employers to require English in the workplace, but the policy can not be in response to a certain group and must be for a specific business-related reason.

“Prohibiting people from speaking their primary language at all times can create an atmosphere of intimidation and inferiority,” according to an EEOC spokesman.

The article points out situations that would justify an English-only rule:
  • Communications with customers, co-workers or supervisors who speak only English.
  • Emergencies or other situations in which workers must speak a common language to promote safety.
  • Cooperative work assignments in which the English-only rule is needed to promote efficiency.
  • To enable a supervisor who speaks only English to monitor the performance of an employee whose job duties require communication with co-workers or customers.
The EEOC recommends that before employers adopt an English-only rule, weigh business justifications against all possible discriminatory effects of the rule.

Does your company have a workplace language policy? Do you think English-only policies are discriminatory or unfair?
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Internet monitoring "Madness"

March 16 is Selection Sunday for the NCAA March Madness basketball tournament. You may be wondering what is this post doing on a blog for HR topics? There’s good reason, keep reading ...

This year CBS has made it easier than ever for your employees to watch games from the comfort of their desk chairs. If you’re the owner of a small or midsized company, you should be concerned with more than just employees slacking off. When a large number of employees are streaming live video of the basketball games, they will slow or even crash your computer networks.

Starting next Tuesday, all but one of the 63 tournament games will be available online for the first time. First-round games fall on Thursday and Friday during business hours. CBS is setting up links to the games from more than 200 websites, including ESPN, Sports Illustrated, Yahoo Sports and Facebook.

We all trust that employees will remember to record the games on their TiVos and hold back from watching basketball at work. But, if you’re worried about high bandwith use and low employee productivity, maybe it’s time to invest in filtering technology for your network.

We would like to hear your feedback on this present and growing workplace issue regarding employee internet monitoring and filtering.

What’s your opinion on internet filtering at work? How does your company handle inappropriate internet use by employees?



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Mental Health Parity Bill passes House, on to negotiations

On March 5 the House of Representatives approved a bill designed to boost mental health benefits, called the Paul Wellstone Mental Health and Addiction Equity Act of 2007. The legislation now moves to House-Senate negotiations to decide on a final bill.

The proposed bill would require group health plans offering benefits for the treatment of mental health and substance addiction disorders to provide the same level of benefits for those conditions as they do for physical illnesses.

The bill also includes provisions for the Genetic Information Nondiscrimination Act of 2007, passed in April 2007, that would ban discrimination by employers and health insurers against employees on the basis of genetic information, and would prohibit insurers from requiring genetic tests.

On the same day the bill passed the House, the Bush Administration issued a statement indicating its opposition to the mental health and addiction act. The Administration said the act would “effectively mandate coverage of a broad range of diseases and conditions and would have a negative effect on the accessibility and affordability of employer-provided health benefits and would undermine the uniform administration of employee benefit plans.”

Check our blog frequently for further news as the bill travels through the legislative process.

For more information read this article on SHRM.
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401(k) Education: Taking plays from the NFL

Three weeks after joining the NFL, young recruits are sent for training off the football field and in the classroom. Each year, over 100 NFL players participate in college-level programs on various business topics. The programs are designed to teach players how to manage their money so they can still live comfortably once their football career is over.

“It's a way for the league to help ensure financial stability for these players beyond their primes,” according to a recent Forbes article.

While employees at corporations across the US generally make a small fraction of the money a NFL player would, it’s just as important they know what to do with their money. Automatic enrollment in the company’s 401(k) plan isn’t enough anymore.

In 2007, 34 percent of large employers offered automatic 401(k) enrollment. The average employee contributed 4.5 percent of their salary to a plan, which may not be enough for a comfortable retirement.

Some of your employees may need a little extra coaching when it comes to a retirement plan. Strongly encourage your employees to contact the financial organization that handles your plan for advice. If you’re up to the challenge, hold your own workshops during to educate employees on the best way to manage their money.

Don’t just assume your employees know exactly what to do with their 401(k). Many employees would be surprised to know how much more they would retire with if they contributed a slightly higher salary percentage than leaving it at the automatic level. You signed them up for the program, now show them how to use it.

Take a lesson from the NFL playbook and educate your employees on how successfully managing their 401(k) will score a touchdown when their prime is over.



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Get ready for Diabetes Alert Day - March 25, 2008

Here’s a chance to kick-off or jump-start your employee wellness program - the American Diabetes Association’s 20th Annual American Diabetes Alert Day is Tuesday, March 25, 2008.

The Association created the “one-day wake-up call” to motivate the country to take the initial steps to finding out if they are at risk for developing type 2 diabetes. They even offer free, downloadable materials on their site to help you promote the event at your workplace.

Diabetes is only one of many health issues facing our employees today. With the direction health care costs have been moving in recent years, it’s time for companies to step in and help their employees.

Improve your employees’ overall health and you may cut down on your health care costs. Invest just a small amount of resources into an office wellness program and they will pay you back.

Surveys have proven that when offered, wellness programs are popular with workers. And, experts in the health care industry suggest that companies that implement wellness programs are showing returns on their investments, mainly in the form of lower health care costs.

You won’t see the money in your pocket tomorrow, but stick with a workplace wellness program. Over time you may find that you’re spending less on health care and those who matter the most, your employees, will cash in on the greatest benefit - their health.




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DOL Issues Temporary FMLA Poster - Beware of Fraudulent Claims

On February 11, 2008, the Department of Labor issued a temporary poster containing the guidelines of the Family and Medical Leave Act (FMLA) expansion to be displayed along side the existing FMLA poster. The G.Neil legal team has confirmed with the Department of Labor that the temporary FMLA poster is recommended and employers will not be fined for not posting it.

Please be aware that you may receive messages from other labor law poster providers classifying the temporary FMLA poster as a required poster. You can be confident that our team of attorneys is continually monitoring for news regarding the posting requirements for the FMLA expansion and we will communicate any new information as we receive it.

To learn more about the FMLA expansions visit our FMLA FAQ page.

- Gabe Cox
G.Neil Poster Guard Team
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President Signed FMLA Expansion Bill Yesterday

Yesterday, President Bush signed into law the National Defense Authorization Act for Fiscal Year 2008 (H.R. 4986), which includes two provisions that expand the benefits of the Family and Medical Leave Act (FMLA) to assist service members and their families.


The military family leave provisions included in H.R. 4986 is the first expansion of the FMLA since the law was first enacted in 1993.


Read our FMLA FAQ to learn more about how these changes could affect you.


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Check out TrainingTime.com!

For 20 years, we have provided businesses like yours with practical tools to help meet your HR and employee management needs. But, we realize that G.Neil may not always have the perfect product that solves your specific need - in which case, we'd still like to help out by letting you know about other valuable resources to find your solutions.

Training and development has been repeatedly identified as one of your biggest challenges, largely due to the time it takes to do it effectively. Feedback from people like you is the driving force behind the launch of TrainingTime.com.

We introduced you to the catalog and now we'd like to introduce you to the new shopping portal. In partnership with G.Neil, TrainingTime.com was created to bring buyers and sellers together to help you find, compare and select the right training solutions for your business — without all the clutter of the general search engines.

Whether your company is a local mini-mart or a global corporation, TrainingTime.com makes it easier to find your training solutions...and lose the excuses that hold you back from keeping your employees skilled, well-informed and productive.

Whereas before, a business owner or supervisor would have to search a variety of different sources to find the right training tool, TrainingTime.com offers a one-stop source for everything you need. Multiple providers offer their products and services on both the site, so all you have to do is click their links to get what you need, directly from them.

The site covers the full range of timely topics in today’s training world, new technologies, ideas and information, tips and tools. You'll find products, seminars, industry events, custom providers, articles and whitepapers, and more.

Vendors, consultants and other unaffiliated companies can call 888-883-0988 or visit TrainingTime.com to learn more about featuring their business on the site, and start promoting their products and services.

Ongoing site enhancements based on user feedback are anticipated throughout 2008, as well as a more comprehensive catalog. The goal is to ensure TrainingTime.com provides a valuable experience for all those tasked with business training and development, regardless of their current expertise.
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FMLA for Military Families Passes Congress

As expected, the Senate moved quickly on January 22, 2008 to approve a bill with provisions to expand the Family Medical Leave Act (FMLA) to include family members of U.S. soldiers.

The proposed expansion of the FMLA would allow eligible employees to use leave when an immediate family member is called for active duty in the military or is injured in the line duty.

The legislation now moves on to the White House, where officials have indicated that President Bush will sign the bill into law quickly. Specifically, the new legislation will require businesses to offer up to 26 weeks of unpaid leave to employees who are providing care to U.S. soldiers wounded in the line of duty. The measure also will require employers to provide 12 weeks of FMLA leave to the immediate family members (spouses, children or parents) of military personnel and reservists who have a "qualifying exigency." The Department of Labor will define "qualifying exigency."

The military family leave provisions included in the bill will be the first expansion of the FMLA since the law was first enacted in 1993.
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House Introduces Working Family Flexibility Act

On December 6, 2007, the U.S. House of Representatives introduced the Working Family Flexibility Act (H.R. 4301), which will give working Americans the right to request flexible work options in order to balance the demands of their jobs and home life. The legislation is patterned on similar laws in Europe that have been implemented with great success.

Under this legislation:
  • An employee may request to modify his or her hours, schedule, or work location.
  • Employees and employers will engage in an interactive process to discuss the employee's needs and how to address them with no or minimal disruption to the employer’s business.
  • Employers who deny a request must explain the grounds for the denial.
  • Employees who make requests are protected from retaliation.
  • Small businesses are exempt from the law.
  • The Department of Labor will develop regulations to smoothly administer the process, while ensuring the protection of employees' legal rights.

"Between trying to make ends meet and carving out time to care for their young children and aging relatives, parents across America are often stretched thin and need flexibility at work," Senator Clinton said, "I'm pleased to join Senator Kennedy in introducing this important piece of legislation to support our nation's working families."


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