HR Forum

HR managers have training on the brain, according to survey

Based on a survey by OfficeTeam, a leading staffing service with more than 320 locations worldwide, HR departments are most concerned with training their employees right now. More than 500 HR managers at companies with 20 or more employees responded to the question, “Which of the following is your greatest staffing concern as a human resources professional?” The results:

45% - Training and developing employees
27% - Retaining top-performing employees
23% - Recruiting new employees
5% - None/doesn’t apply

OfficeTeam executive director Robert Hosking explains: "As workers take on expanded responsibilities, it becomes more important for companies to offer professional development to help their teams keep up. Training programs boost job satisfaction for employees by enabling them to build new skills and take on more challenging roles."

Especially today, companies are looking for programs that deliver the best training ROI. At the very least, these programs must be designed with a clear purpose and outline measurable objectives for employees to reach.

Any organization can use these top five employee training tips to help design their own training courses or to improve the ROI of any current programs:

1) Set clear goals. Identifying goals should be the first step to developing a new training program or enrolling employees in outside courses. A clear set of goals will ensure that employees complete the required course material and know what is expected of them once the program is finished.

2) Keep it ongoing. Employee training should be viewed as a way to continually learn and improve, rather than just something to check off your to-do list. With continuous training, employees will develop new skills and abilities that will improve their productivity and boost to your bottom line.

3) Keep it simple. Keep training programs focused on one topic at a time. If there are too many topics or too much information, you can easily overwhelm employees and turn training into a burden instead of an opportunity. If necessary, split up a large training program into smaller, more manageable courses.

4) Spend wisely. Do your homework and make sure you’re getting the best bang for your buck when investing in employee training. Whether you’re using an outside resource or developing an in-house training program, ensure the materials are the best quality for your budget.

5) Follow up. After the training course or seminar is complete, managers should meet with employees on a regular basis to determine the effectiveness of the training and to monitor employees’ progress. Managers can also help employees who may be struggling with any new information.

A business is only as good as the people who work for it. Help your business succeed by giving employees the tools and training to perform at their best.

Gearing up for the 1099 onslaught

Businesses need to anticipate a flurry of 1099s in 2012. Hidden deep within the recently enacted healthcare reform bill are new 1099 reporting requirements that will place significant demands on your time and resources. With this one tax change, you could find yourself filing hundreds more 1099s just to comply.

Under current law, you are required to record the income payments you make each year to non-employees on a 1099-MISC form. When the total payments to independent contractors, consultants, attorneys, vendors, healthcare professionals, trainers, freelancers and other non-employees exceed $600 in a calendar year, you issue a 1099 to the individual and file it with the IRS.

Beginning next year, many more payments will be subject to the expanded 1099 rules. For the first time, you’ll also issue 1099s to corporations - and for virtually all goods that exceed $600 in a calendar year.

When you consider all the payments you make in the course of running your business – from computer equipment and office supplies to janitorial services and overnight package delivery – you realize just how many 1099s this will entail.

Why the health care reform bill contains a 1099 change ...

The obvious question for most businesses is, “How did this sweeping tax change end up in the health care reform bill?”

Blame it on the burgeoning federal deficit. The tax change is expected to help the IRS capture an estimated $345 billion in new tax revenues, as well as offset the cost of the historic health care legislation. The reporting requirements have been on the IRS’ radar for a long time, and they finally made it in the health care reform bill.

Plan ahead so you're fully prepared

While we won’t know the ultimate impact of the new law until the IRS issues its final regulations, we do know it’s not too soon to plan for how you’ll manage the spike in 1099 filings. Stay tuned for more details on the new requirements, as well as tips for easing the paperwork burden.

Federal agencies to bump up enforcement in 2010

Last year a number of federal agencies increased their compliance enforcement efforts, including the Department of Labor (DOL), Internal Revenue Service (IRS), Equal Employment Opportunity Commission (EEOC), Occupational Safety and Health Administration (OSHA) and Department of Homeland Security (DHS). Recent actions by these agencies suggest that this trend will continue in 2010:

• Designed to raise employee awareness of their rights under the Fair Labor Standards Act (FLSA), the recently launched, DOL-sponsored We Can Help campaign will undoubtedly increase the number of employee wage and hour complaints to the agency. The campaign is actively targeting the country’s lowest-paid workers, regardless of citizenship status, and encourages them to submit information, including pay stubs and hours of work, via the agency’s website. In addition, the DOL received a significant uptick in funding for 2010, and is requesting more in its proposed 2011 budget.

• Immigration enforcement is a priority for the Obama administration, and the DHS is following through with plans to conduct 25,000 on-site inspections at companies who employ workers with H-1B visas – an increase of nearly 20,000 over the previous year.

• Secretary of Labor Hilda Solis has promised more OSHA inspections, and employers can expect to see a shift to a more aggressive, citation-based approach from OSHA. Last year, between July and September, OSHA performed nearly 700 inspections and issued over 1,000 violations that resulted in $1.6 million in fines.

Enforcement efforts like the We Can Help campaign and others underscore the importance of maintaining strict compliance with federal regulations, including those covering labor, safety, tax, immigration and employment law. Stay tuned for more updates as they come.

Are you clear on who qualifies for the HIRE Act tax benefits?

To take advantage of the HIRE Act’s payroll tax exemption, you must have eligible new hires complete Form W-11. The form acts as a signed affidavit, certifying that the employee has not been employed for more than 40 hours during the 60-day period ending on the hire date.

Many employers pursuing this tax benefit continue to have questions, however. The IRS has responded by updating the HIRE Act FAQs on its website. Based on new details from the IRS, you should be aware that:

• As long as other requirements are met, self-employed individuals qualify, which makes you eligible for the payroll tax exemption if you hire an independent contractor as an employee.

• To meet the hiring date requirement of a qualified employee (hired after Feb. 3, 2010, and before Jan. 1, 2011), an individual’s start date must follow “general principles” relating to employment. Employment begins on the date when, based on specific facts and circumstances, the employer-employee relationship is first established.

• Generally, an employee does not qualify if he or she is hired to replace an existing employee unless the former employee 1) voluntarily terminated employment, 2) was terminated due to gross negligence, 3) was terminated for poor performance, or 4) was terminated in a reduction in force due to lack of work.

• A minor can sign the Form W-11.

The Downloadable Form W-11 from G.Neil includes a FREE Tip Sheet with helpful do’s and don’ts, and advice for identifying qualifying employees under the federal HIRE act.

Fed-up JetBlue flight attendant ... hothead or hero?

We’ve all had horrible days at work that almost sent us over the edge. But we bury the stress and swallow back the urge to yell “I quit” and walk out the door.

Not Steven Slater. For cursing out a customer, grabbing a beer and fleeing the plane via the emergency exit chute, this JetBlue flight attendant has captured America’s attention. In fact, burned-out workers across the country are propping Slater up as a hero after his highly publicized workplace rant.

As two readers shared in an msnbc.com article:

“How many of us can honestly say we haven’t wanted to do the same thing? Steve is a working class hero!”

“Maybe not the best way to quit your job but hey, sometimes enough is enough.”

But the fantasy of telling your boss off could quickly collide with the reality of being jobless. As the article explains:

Some may see Slater as a hero because they know they don’t have the luxury to speak out like that in their own lives. While Slater may have felt great after finally letting loose in such a public way, the fact is that most of us need our jobs more than we need that release. And most of us realize that such a dramatic move can carry heavy consequences, such as the felony charges that Slater is currently facing.

When all is said and done, we need our jobs … and we need to find ways to cope with the frustrations that come with them. We may sympathize with and applaud Slater for his actions, but would we do the same and risk losing our jobs?

10 tips for surviving an I-9 audit

In a strategic plan to step up enforcement of immigration-related employment laws, U.S. Immigrations and Customs Enforcement (ICE) will be knocking on more doors and conducting more workplace inspections in the coming years.

While certain industries are more vulnerable to investigations (such as agriculture, construction, hospitality and food processing), all employers need to take the proper steps to protect themselves and prevent I-9 violations.

1. Store I-9 forms in separate binders (not in employee personnel files) for current employees and terminated employees.
2. Print a list of all current employees, including name and date of hire.
3. Use the correct, most up-to-date version of the I-9 form.
4. Refuse any document with a past-due expiration date when completing the I-9 form for a new hire.
5. Do not verify U.S. passports or passport cards, Permanent Resident or Resident Alien Cards, or List B Identity documents.
6. Re-verify expiring work authorization documents before they expire – and do not allow an employee to continue working after the work authorization document expires.
7. Conduct a self-audit of your I-9 forms to make sure they are complete and accurate.
8. Avoid discrimination or document abuse with your I-9 form process.
9. Accept the document and complete Section 2 of the I-9 form if the document(s) presented by the employee is on the List of Acceptable Documents, appears to be genuine and relates to the person presenting it.
10. Stand up for your rights! If ICE shows up to conduct an audit, insist on a written Notice of Inspection and your right to three business days before you share your original I-9 forms.

In addition to the mandatory Form I-9, G.Neil offers practical information and tools to help you properly complete I-9s and maintain organized, up-to-date records.

OSHA issues a new program to prevent chemical-related workplace hazards ... more safety inspections to follow

Effective July 8, 2010, a new directive by OSHA will assist enforcement personnel in carrying out a National Emphasis Program to eliminate workplace accidents associated with the catastrophic release of highly hazardous chemicals. The PSM Covered Chemical Facilities National Emphasis Program will include programmed inspections in three regions:

• Region I – Vermont, Maine, Massachusetts, Connecticut and Rhode Island
• Region VII – Nebraska, Kansas, Iowa and Missouri
• Region X – Alaska, Washington, Oregon and Idaho

Unprogrammed inspections will be conducted in seven other OSHA regions, as well.

(Basically, programmed inspections are based on “objective or neutral” criteria, while unprogrammed inspections are in response to “alleged hazardous working conditions that have been identified at a specific worksite.”)

The new directive will focus primarily on chemical processing facilities, refineries, and water and/or wastewater treatment facilities. More than 15,000 facilities nationwide could face inspections as a result.

Improve your safety practices and prepare for an OSHA inspection with the ComplyRight™ SolveIt Now™ Answers to All Your Questions: OSHA Compliance.

Operation "Email cleanup" - Purging the profanity before you hit 'Send'

Got a potty mouth? If you work for Goldman Sachs Group Inc., you’ll need to clean it up and edit out the expletives in your email exchanges.

After an embarrassing slip of the tongue received national attention in recent Congressional hearings, Goldman Sachs is now prohibiting employees from swearing in emails.

For the New York company, this means 34,000 traders, investment bankers and other employees must now avoid a vast vocabulary of dirty words often uttered on Wall Street. Goldman Sachs’ disinfected communications policy will be carried out by screening software, which detects and flags common swear words and acronyms.

Goldman Sachs’ no-swearing policy extends to instant messages and texts from company-issued cellphones and emails. Inappropriate emails could make their way to the compliance department, while others might be blocked completely, depending on the severity of the language.

A Goldman spokeswoman said: "Of course we have policies about the use of appropriate language and we are always looking for ways to ensure that they are enforced." WSJ.com

Goldman Sachs is not the only employer taking a stand against off-color communications. This past June, Citigroup told employees in a memo that "recent headlines involving inappropriate emails are an important reminder to 'think before writing, read before sending'. Citigroup doesn’t enforce any formal discipline, but chronic swearers may be approached by their managers and asked to clean up their language.

Another company concerned about profanity-peppered communications is New York-based media company Bloomberg LP. It claims to have monitored emails for more than 10 years with an application that scans messages for 70 profane words and phrase - in English and several other languages.

What about your company? Do you have a formal policy prohibiting swearing in email communications? Do you worry about looking less professional if employees send emails that contain profanity?

When the bride-to-be is busy planning her wedding on work time

I ran across an article on msnbc.msn.com that I found particularly interesting. First, because summer is a busy season for weddings and second, because I’ve known a few women who became a tad obsessed planning their walk down the aisle.

According to a survey of 1,000 women by TheKnot.com, WeddingChannel.com and ForbesWoman.com, brides-to-be spend about 10 hours a week planning their wedding – and nearly 30 percent of it is done at work.

But apparently it’s all in the name of multi-tasking. While nine out of 10 women who participated in the survey admitted to making wedding plans on company time, only a third felt their work was negatively affected.

Carley Roney, editor-in-chief of TheKnot.com, says that lunch time and Mondays are particularly busy times on her wedding planning website.

Cause for concern … or let it go?

OK, so what’s an employer or manager to do when Megan is more concerned about the bridesmaids’ dresses, guest list and floral arrangements than the latest workplace project or report?

If you feel the same way as Carley Roney, the answer may be to “not sweat it” because the productivity will come back that much stronger after the nuptials.

"Post wedding, people become much more serious and focused. They are saving for
homes, so they're not in the mind of changing jobs as much because they're very
focused on what their goals are ahead," says Roney.

So what do you think? Have you ever had to intervene because an employee was more concerned about her wedding than her work? Are weddings an inevitable productivity drainer – or can the bride-to-be strike a healthy balance and stay on task?

A quick refresher of the Form W-4 tax-filing rules

In a recent review of the current Form W-4 (Employee’s Withholding Allowance Certificate) at the 28th Annual APA Congress in Washington, D.C., a handful of rules were revisited and reinforced. As a reminder:

• High school and college students are not automatically exempt from tax withholding, even if all the prior year’s taxes were refunded. In addition, students must meet all the same exemption tests as other employees.

• Employees claiming a withholding exemption must file a new Form W-4 every year.

• You may develop and use substitute Forms W-4, but you must also provide the table, worksheets and instructions contained in the form. You may not use a substitute developed by an employee, however.

• An electronic Form W-4 may be filed as long as it meets certain requirements.

• E-mails to change a Form W-4 are discouraged, as they are not a legitimate electronic system.

• Nonresident aliens filing Form W-4 have certain restrictions on their status, number of allowances and inability to claim the standard deduction.

Stock up on the required Form W-4 to meet the IRS filing requirements for new hires and tax status changes for current employees.

Are you dishing the right details about dependent eligibility?

With all the confusion surrounding the dependent coverage rules under the health care reform bill, we’d like to take a moment to provide some clarity.

First things first: The definition of an eligible dependent is a biological or legally adopted child up to age 26, even if married.

Just as important, you must comply with the new eligibility rules if your plan year begins on or just after September 23.

Some of the eligibility rules to keep in mind:

=> Dependents don’t need to be enrolled in school or be financially dependent on their parents
=> The spouses or children of adult dependents aren’t eligible for coverage
=> You must invite all dependents back during your company’s enrollment period – including those previously dropped or whose parents opted out of your plan

As you might imagine, a change like this requires some targeted communication on your part. This means reviewing and updating all your company’s printed and electronic information (such as enrollment materials and benefits-related websites) to include the new dependent definition and eligibility guidelines.

When "fun in the sun" dampens work productivity

While the beach, backyard or neighborhood barbeque may beckon during the sunny days of summer, the fact remains that you’re running a business and the work must get done. Don’t wait until you have an attendance problem on your hands before taking a stand.

Your employee attendance policy should be in writing, included in your employee handbook and communicated to all employees so it can be enforced. Clarify when chronic lateness and absenteeism are cause for discipline, and outline how many absences or instances of lateness are acceptable.

Your company's attendance guidelines also must comply with the FLSA, which governs minimum wage requirements, overtime, timekeeping practices, child labor laws and other pay-related issues.

Finally, be certain to enforce the policy consistently. You may be courting a discrimination lawsuit if you only discipline some employees for poor attendance, while ignoring the time-management habits of others.

Curbing harassment when clothing choices - and employee behavior - relax

Preventing sexual harassment is a priority in any workplace, at any time, but it takes a new spin during the “easy, breezy” days of summer. When the temperatures are rising, there's more to keeping your cool than running the air conditioner and sipping on iced drinks.

This is a good time to review your company’s dress code policy and specify what’s acceptable. Don’t assume that employees will use their better judgment when it comes to certain clothes (and how much skin they expose). Unless you clearly specify whether or not an item can be worn in the workplace, it’s likely to make an appearance. Are shorts, capris, tank tops, strappy summer dresses, sandals, flip-flops, hats and other warm-weather staples acceptable? And what if an employee shows up to work wearing something inappropriate? Will you send them home immediately, or issue a warning?

Keep in mind, too, that teens may be particularly vulnerable to harassment. Because they are younger and less experienced, they may be reluctant to stand up to harassing behavior. Or they may feel they don’t have the authorization to complain about a colleague, especially one in a more senior position. Further still, uninformed teens may be guilty of harassing another coworker, perhaps without even realizing the boundaries.

Working teens need to know what constitutes harassment, as well as what resources are available to them if they are victimized. Harassment training shouldn’t take a summer vacation: It is essential for reducing incidents of improper behavior among your year-round and seasonal employees.

Here comes the sun - and the heat stroke (if you're not careful)

With a summer heat wave gripping most of the country right now, keeping cool seems to be everyone’s #1 priority. Obviously, employees who work outdoors or in confined spaces with limited cooling or air conditioning are at the greatest risk for heat-related illnesses.

OSHA requires employers to provide a safe and healthy work environment for all employees. When the sun is blaring and the temperatures are nearing the triple digits, protect your workers from heat stroke and other extreme temperature hazards by following these precautions:

• Provide shelter from the sun and allow employees to take regular cool-down breaks

• Make sure water is readily available and allow employees to drink throughout the day

• Know the symptoms of heat-related illnesses, including:

=> High body temperature
=> Lack of sweating, although skin may be hot red or flushed and dry skin
=> Rapid pulse
=> Difficulty breathing
=> Irrational or strange behavior, including hallucinations, disorientation. agitation or confusion
=> Seizure

• Keep first aid supplies on-hand at all job sites. For heat related illnesses, this would include ample water or sports drinks, a shower or hose for emergency cool-downs, a shaded or air-conditioned area for recovery, and a working telephone to summon 911.

• Educate employees on the dangers of soaring temperatures with G.Neil’s Extreme Heat Exposure Kit, which includes a poster, tip sheet and 20 takeaway notifications

Misclassifying employees can be a seriously costly mistake

Incorrectly classifying employees as actual employees or independent contractors is a legal risk that can cost your business millions. The federal government is cracking down on the issue, and many states are pushing to make worker misclassification a crime.

Two businesses learned this lesson the hard way. SOH Distribution Co., Inc. and G & A Snack Distributing, Inc. – subsidiaries of Snyder’s of Hanover, Inc. – misclassified nearly 1,500 delivery drivers as independent contractors rather than full-time employees. The employees took action, resulting in a $10 million court settlement to be distributed among the drivers.

Get expert guidance on properly classifying employees with ComplyWare™ FLSA software, which includes a convenient Classification Wizard and the latest FLSA regulations.

Medical marijuana: Deal or no deal in a drug-free workplace?

Boardrooms and courtrooms are getting fired up about whether doctor-prescribed marijuana has a place in corporate America. So far, the answer is “no.”

In cases where employees have challenged the boundaries surrounding the use of medical marijuana, the courts have sided with the employers. Although medical marijuana is legal as a prescription painkiller in 14 states, it is illegal under federal law. Plus, there’s the bigger issue of employees coming to work impaired and posing a safety risk.

This position is getting a rise out of medical marijuana advocacy groups, however. They view an employee’s marijuana-based treatment as a private medical matter, and any adverse action against the employee as discrimination.

Several lawsuits are still pending, so the issue is far from being settled. In the meantime, employers operating in states where medical marijuana is legal would be wise to monitor future court rulings and, if necessary, tailor their drug policies accordingly.

Get the facts on legal drug testing, and reinforce your company’s drug-free position with eye-catching posters and drug-screening tests.

New FMLA ruling permits child-care leave for same-sex domestic partners

On Tuesday, June 22, the Department of Labor (DOL) issued a new interpretation of the Family and Medical Leave Act (FMLA) clarifying that employees are entitled to FMLA leave to care for the child of a same-sex partner (for the child's serious health condition, or to bond with a newborn or newly adopted child). The announcement is not a revision to the FMLA, but a new interpretation of the existing law which has always recognized rights of employees acting "in loco parentis" to a child. In short, an employee may now claim "in loco parentis" status if he/she "intends to assume the responsibilities of a parent with regard to a child" and provides "either day-to-day care or financial support for the child."

For the first time, the DOL has stated that this includes children of a same-sex partner even where there is no biological or legal relationship.

Because of this ruling, as many as 100,000 children in 50,000 families will now have access to a second parent’s time for dedicated care. (GLTNewsNow.com) As the online article states: “The ruling provides important support for legally vulnerable families at particularly stressful times for families.”

There is no word yet if this new interpretation will impact the mandatory FMLA labor law poster or related HR forms, but we will continue to monitor the situation closely. At this point, it looks like the poster or forms will not be updated because "in loco parentis" has always been included - it's just the underlying definition of that term that has changed. In the meantime, however, you can count on G.Neil to provide expert guidance on the new interpretation, and what it means for your workforce.

Supreme Court: Search of work-issued pager acceptable

In a mid-December 2009 blog post, I talked about a case involving an employee in an Ontario, CA, police department who sent sexually explicit text messages on a work pager. After first warning the employee about the number of texts being sent each month, the employer dug a little deeper and reviewed the actual content of the texts. This set off a heated privacy debate that elevated to the Supreme Court.

Our nation’s highest court recently heard arguments and delivered a unanimous ruling: The police department did not violate the constitutional privacy rights of the employee when it audited his text messages on a city-issued pager.

While Justice Anthony M. Kennedy shared that the court was uneasy fashioning comprehensive legal rules, based on the pace of technological and cultural change, he offered practical insight:

“Cellphone and text message communications are so pervasive that some persons may consider them to be essential means or necessary instruments for self-expression, even self-identification. On the other hand, the ubiquity of those devices has made them generally affordable, so one could counter that employees who need cellphones or similar devices for personal matters can purchase and pay for their own.” New York Times

Although the Supreme Court’s decision did not address the privacy rights of people employed by private companies, I think it’s safe to say employers have firm legal footing for issuing a policy prohibiting personal use of company equipment – and for prying if they have a legitimate, work-related purpose for doing so.

Reminder: June 21 is NLRA posting deadline for federal contractors

On May 20, 2010, the U.S. Department of Labor (DOL) issued a final rule regarding how non-exempt federal contractors and subcontractors will notify employees of their rights under the National Labor Relations Act (NLRA). The new posting requirement is in response to President Obama’s Executive Order 13496, Notification of Employee Rights Under Federal Labor Laws, issued in January 2009.

Obama’s Executive Order revokes former President Bush’s Executive Order 13201, Notification of Employee Rights Concerning Payment of Union Dues or Fees, that required federal contractors and subcontractors to post notices (commonly known as “Beck” notices) informing employees of their rights to refrain from joining a union.

While some of the language the DOL proposed in August 2009 has changed, the new, broader notice remains focused on pro-union rights for employees. The posting also provides contact information for the National Labor Relations Board (NLRB), the agency responsible for enforcing the NLRA.

Time to get into compliance!

Federal contractors with prime contracts over $100,000 and subcontracts over $10,000 must properly display the NLRA poster by the June 21, 2010, deadline. This means displaying the poster conspicuously in plants and offices where employees covered by the NLRA perform contract-related activity. Ensure mandatory posting compliance with G.Neil’s NLRA Poster.

One size doesn't fit all: Paid leave benefits vary by industry, occupation and wages

A report by the U.S. Bureau of Labor Statistics (BLS) revealed some interesting findings about paid sick leave benefits, including:

• Access to paid sick leave for private industry employees varied by occupation, ranging from 42% for service workers to 84% for management, professional and related occupations

• 81% of employees earning wages in the highest 25% wage distribution bracket had access to paid sick leave, compared to 33% for employees in the lowest 25% backet

• In private industry, employee received an average of eight days of paid sick leave after one year of service (with small establishments offering an average of six days and large establishments, 11 days)

• The cost of sick leave per employee hour worked in state and local government was $0.81, compared to $0.23 an hour in private industry

• Higher-paying occupations typically incur higher sick leave costs, averaging $0.53 per employee hour worked in management, professional and related occupations, compared to $0.08 for service occupations

As an employer, you are not required by law to provide paid leave benefits for your employees. But to attract and hold on to workers, most employers offer some sort of paid sick leave in their benefit package.

How do your paid sick leave benefits compare to national averages? Are you doing enough with this particular employee perk? To learn more, check out the entire Program Perspectives: On Paid Sick Leave.

House-approved National Defense Authorization Act could lead to FMLA posting change

On May 28, 2010, the House approved the National Defense Authorization Act (NDAA) for Fiscal Year 2011 (H.R. 5136.) The bill authorizes a $726 billion military budget that will, according to House Armed Services Committee Chairman Ike Skelton, “strengthen our national security, provide our men and women in uniform with the tools they need to do their jobs, and take care of our service members and their families.”

Included in the bill is an amendment (H.AMDT.656) that would allow the spouse, children and parents of a deployed member of the Armed Forces to take at least two weeks of unpaid leave from their job, even if they’re not covered under the Family and Medical Leave Act (FMLA).

Check back here for future updates on the NDAA and specifically, any posting changes resulting from this amendment. Poster Guard® Compliance Protection guarantees posting compliance with automatic replacements every time a mandatory law changes.

What's up with downsizing?

The recession-battered economy has experts wondering what’s next for the job market. Are companies stabilizing – and can employees rest easier that their jobs will still be there tomorrow? Well, that depends on who you talk to.

According to a recent online poll by Right Management, half of the 426 senior HR executives who responded expect their organizations to restructure in the next six months. One in five executives anticipates a change in leadership.

Other changes the HR professionals foresee in the near future include:

Acquisition or merger – 13%
New product launch – 10%
New technology – 6%

While not all of these changes mean job cuts for employees who live in fear of the dreaded “pink slip,” they certainly don’t point to smooth sailing in the coming months, either.

“Although the economy shows certain signs of improvement, it seems likely that more corporate upheaval is ahead,” says Michael Haid, senior vice president of global solutions at Right Management. “The current atmosphere remains unsteady and anxiety is still widespread.”

At the same time, however, employees are much more tuned into what’s happening around them. Their radar is up, and they’re not naïve about how quickly things can change in corporate America.

“Employees are surely listening carefully to what their top management is saying, how the company is performing and the kind of announcements being made,” says Haid.

New posting requirement now in effect for federal contractors and subcontractors

On May 20, 2010, the U.S. Department of Labor (DOL) issued its final rule regarding how federal contractors and subcontractors will notify employees of their rights under federal labor laws. This was in response to President Obama’s Executive Order 13496 in early 2009, requiring federal contractors to post a notice “in all places where notices to employees are customarily posted both physically and electronically,” informing them of their rights under the National Labor Relations Act (NLRA).

The new notice replaces the “Beck notice” posting requirement under the Bush administration. While some of the language the DOL proposed in August 2009 has changed, the notice remains focused on pro-union rights for employees, including:

=> The right to organize a union to negotiate wages, hours and other working conditions
=> The right to discuss union terms and conditions with coworkers
=> The right to take action with coworkers to improve working conditions, such as raising work-related complaints with you, the employer, or a government agency

Ensure mandatory posting compliance by the June 21, 2010, deadline with the NLRA Poster.

Automatic health care enrollment kicks in for large employers

Under the Patient Protection and Affordable Care Act, employers with more than 200 full-time employees must automatically enroll new employees in one of their health benefit plans and continue the enrollment of current employees.

Keep in mind, however, that the automatic enrollment provision needs to include ample notice – and a chance for an employee to opt out of the coverage and choose another option (or opt out altogether). Automatic enrollment may be subject to a legal waiting period, too.

Like with auto-enrollment in 401(k)-type plans, this change is expected to increase participation in employer-sponsored health care plans and ensure coverage for more Americans.

Check back here for future updates on this and other health care reform requirements.

With summer comes warmer weather ... and more workplace risks

While most of us look forward to the longer, warmer days of summer, this time of year can pose unique challenges for many businesses – especially in the hospitality and entertainment industries. From dress code issues to properly managing a seasonal workforce, you need to be certain you’re towing the legal line during the summer months. This includes:

1. Planning around vacation requests so you’re sufficiently staffed. See Vacation Request & Approval Form (Calendar Format)
2. Preventing sexual harassment when clothing choices — and employee behavior — relax. See Harassment Training Program, “Harassment-Free Workplace: Take Control” and Gradience Handbook Manager software
3. Upholding legal dos and don’ts when hiring temporary summer employees. See The HR Answer Book
4. Understanding child labor issues surrounding teen employees. See SolveIt Now™ Answers to All Your Questions: OSHA Compliance
5. Making the necessary staffing adjustments when employees call out “sick”. See Yearly Vacation Planner
6. Keeping employees safe when the temperatures soar. See Extreme Heat Exposure Kit (Poster & Notifications)

Through thick and thin, it's the people who matter most

We talk a lot about employee morale on this blog. We stand behind the notion that happy, engaged employees are more positive, more productive and your most important resource. So when Robert Half Management Resources posed the question, “Which one of the following is the greatest lesson you have learned from the recession?”, we were pleased that the #1 response was, “Place greater focus on maintaining employee morale.” Ding, ding, ding – employee morale gets top billing!

Participating in the survey were 1,400 chief financial officers from a random sample of U.S. companies with 20 or more employees. The other top responses from the CFOs:

• Take decisive measures more quickly to avoid multiple rounds of cost-cutting — 22%
• Make sure we have enough staff to maintain productivity — 22%
• Implement more detailed succession plans — 15%

But back to employee morale. How encouraging that people in high places recognize the importance of employee morale – no matter how rough the waters. And let’s hope they’re not "all talk and no action" when it comes to this belief. We’ve said it before and we’ll say it again: Once the recession lifts, employees will remember how they were treated. Will your best employees stick around as the economy improves, or will they dust off their resumes and hit the job boards?

Happy employees are good business. “Without a motivated workforce and adequate staffing levels, companies can be ill-equipped to take advantage of improving market trends,” said Paul McDonald, executive director of Robert Half Management Resources. “They may also risk losing top employees as the job market strengthens.”

What about your business? Did you make employee morale a priority during the tough times of the recent recession? Are you confident that you treated your employees right … and will be rewarded with their continued loyalty?

Survey reveals heavy financial burden of class action lawsuits

Based on the sixth annual Workplace Class Action Litigation Report by Seyfarth Shaw LLP – a leading law firm handling complex employment litigation – employers should be aware of several key trends that occurred in federal and state courts last year:

• Class action filings seeking recovery for unpaid wages and 401(k) losses increased. More age discrimination and Worker Adjustment and Retraining Notification (WARN) lawsuits were filed, too, due to workers being displaced in layoffs.

• Wage and hour litigation outpaced all other types of employment-related cases, especially in CA, FL, IL, NJ, NY, MA, MN, PA and WA.

• The Obama Administration’s renewed focus on regulation and enforcement, mostly through the DOL and EEOC, continues to increase exposure for employers.

• Massive settlements were seen in several nationwide class actions, as plaintiffs’ lawyers pushed for greater damages. The top 10 employment discrimination settlements in 2009 totaled $86.2 million, while the top 10 wage and hour settlements reached $363.6 million.

Just one major, costly lawsuit could be devastating to your business. Stay on the right side of the law and reduce your risk with legally compliant products and services – from Poster Guard® Compliance Protection to the latest FMLA, FLSA, OSHA and HIPAA compliance materials.

OSHA cracking down on careless employers who endanger workers

In an effort to reduce the number of workers seriously injured or killed while on the job, the Occupational Safety and Health Administration (OSHA) recently developed the Severe Violator Enforcement Program (SVEP). The program will take aim at employers who “have demonstrated indifference to the OSHA obligations by willful, repeated, or failure-to-abate violations.” How they’ll do this is through increased and more aggressive worksite inspections, follow-up inspections and greater penalties for safety violations.

Employers of all sizes will fall under the scrutiny of the SVEP, with the following incidents drawing particular attention:

1) Fatality and/or catastrophe situations resulting in three or more hospitalizations or the death of an employee
2) Non-fatality and/or catastrophe situations where you’ve exposed an employee to one of the most severe workplace hazards, including “high-gravity serious violations,” such as fall hazards, combustible dust hazards and lead hazards
3) Hazards due to the potential release of a highly hazardous chemical
4) Any violation considered “egregious” (conspicuously bad or offensive) under current OSHA obligations

The consequences for an employer on the SVEP list are equally severe. First, if just one of your facilities has come under fire, OSHA may order a nationwide inspection of all your facilities. There will be mandatory follow-up investigations at every facility, and OSHA will publicize your citations and violations.

Then there’s the financial hit. Over the next couple of months, the maximum penalty for a violation causing death or serious physical harm will increase from $7,000 to $12,000 – and the maximum penalty for a willful violation will increase from $70,000 to $250,000. (Penalties have increased only once in 40 years, despite inflation.)

June is National Safety Month. Are you doing everything possible to create a safer, OSHA-compliant workplace? Meet OSHA safety standards and prevent injuries year-round with G.Neil’s training and compliance solutions.

Don't let your employees leave without learning why!

What goes around comes around. According to MRINetwork, one of the largest recruitment organizations in the world, employers should expect as much as a 50% increase in employee turnover as the economy picks up again. So while it's good that you'll be able to lift your hiring freezes in the coming months, it's not so great if you find yourself saying goodbye to quality employees walking out the door in search of greener pastures.

When it comes to employee turnover, parting can be such sweet sorrow ... AND a unique learning experience. That is, if you take the time to conduct an exit interview and find out why an employee is packing her briefcase and hitting the road.

“Most companies routinely conduct exit interviews,” said Tony McKinnon, president of MRINetwork, “but unfortunately few of them use the information they garner for the company’s benefit. And yet, a poorly delivered exit interview can affect the morale of the existing employee population and undermine the company culture.” WorldatWork.org

McKinnon adds that the primary aim of the exit interview is twofold: 1) To learn the reasons for the person's departure, on the basis that criticism is a helpful driver for organizational improvement; and 2) to allow the organization to transfer knowledge and experience from the departing employee to a successor or replacement.

In other words, ask probing questions to find out the good, the bad and the ugly from the departing employee (and be prepared to listen when the news is less than flattering) and then, use that information to improve upon the position (and the corporate culture) for the person filling the departing employee’s shoes.

For additional direction, check out the article, Exit Interviews Reveal What Went Wrong in the G.Neil HR Library. From the article:

It’s important to gather profiling data on employees such as age group, length of time employed, department, division, and job classification or title. This information helps you identify the typical high-risk turnover candidate.

Understandably, most employees won’t want to level with you about their reasons for leaving. Some are merely ill at ease; others may fear reprisals from ex-supervisors. Nevertheless, you’ve got to encourage them to supply enough details to let you pinpoint the main reasons why most people are quitting. It’s the only way to get to the root of the problem. Your discussion should focus on these topics:

• Salary
• Benefits
• Opportunity for advancement
• Training
• Relationship with supervisor
• Relationships with coworkers
• Reasons for leaving that aren’t related to the job or company

Help put the brakes on distracted driving

Last Friday (April 30) was the nation’s first “No Phone Zone Day,” developed by Oprah Winfrey and Harpo Studios to build awareness around the deadly habit of distracted driving.

Did you know that distracted driving – or talking on your cell phone or texting while driving - takes the lives of nearly 6,000 Americans a year? With the support of the U.S. Department of Transportation (DOT), the National Highway Traffic Safety Administration (NHTSA), the Governors Highway Safety Association (GHSA) and other leading transportation safety organizations, individuals and companies are taking a stand against cell phone-related auto accidents.

“I’ve made it my mission at the DOT to end distracted driving,” says U.S. Secretary of Transportation Ray LaHood. “We know that if we can get people to put away cell phones and other electronic devices when they are behind the wheel, we can save thousands of lives …”

Bottom line: Your company could be held liable for an employee causing an accident while using a cell phone in a company vehicle, or while conducting company business in a personal vehicle. Raise awareness and communicate your policy with our Texting While Driving Poster and Policy Kit. Or download and print a Text Messaging and Cell Phone Use Policy now for immediate use.

To learn more about the dangers of distracted driving and what you can do - personally and professionally - to curb it, check out the No Phone Zone website.

Previous post:

Texting while driving a big no-no for federal employees – But how will it be enforced?

Unpaid internships a "no-no" with Department of Labor

While job openings are certainly scarce during these recessionary times – and companies are looking for ways to cut costs - those aren’t excuses for doling out unpaid internships to young people eager to get a foot in the door. Federal and state regulators are concerned that employers are abusing internships and using them, in a sense, for free labor.

In fact, the DOL plans to crack down on employers who offer unpaid internships, taking the position that interns are entitled to wages under the Fair Labor Standards Act (FLSA). And to support that position, the previously flexible interpretations of whether or not to pay interns are about to get much stricter.

"If you're a for-profit employer or you want to pursue an internship with a for-profit employer, there aren't going to be many circumstances where you can have an internship and not be paid and still be in compliance with the law," said Nancy J. Leppink, director of the Department's Wage and Hour Division.

In general, for an unpaid internship to be lawful under the FLSA, the intern must be properly classified as a "trainee" rather than an "employee." To help you determine this, the DOL has developed a six-factor test.

Interns are likely to be deemed “trainees” if:

1) The training is similar to what might be offered in an academic institution or vocational school.
2) The training is for the benefit of the trainees.
3) The trainees do not displace regular employees, but work under their close supervision.
4) The employer derives no immediate benefit from the training, and occasionally the employer's operations may be impeded by the training.
5) Trainees are not entitled to a job at the end of the training period.
6) The employer and trainees understand that the trainees are not entitled to wages for time spent in training.

In the meantime, legal experts offer this advice: Assume that all unpaid internships are unlawful, and carefully tailor your training programs for new or prospective employees to avoid liability.

Previous post:

Unpaid internships: A rip-off or legitimate resume booster?

Are your job descriptions doing their job?

Job descriptions. You might not think they’re worth spending much time on, but that’s simply not true. Job descriptions are an important starting point when hiring and later, serve as your “road map” when managing the employee.

You don’t hire an employee based on generalities, so why should the description for a particular position be broad or vague? You’re looking for more than just a warm-blooded human who can read, write and sit through long-winded meetings, right? You have specific needs to be filled with each new position … and goals to be met by bringing that person on board … right?

An in-depth, carefully constructed job description lets you hone in on the skills, experience and education the job requires. With these details, your job postings will be more targeted, your interviews will be more targeted, and your selection process will be more targeted.

And down the road, you’ll save time and money letting a ho-hum employee go and replacing that person with someone more qualified – or investing in training to fill in the gaps and bring a ho-hum hire up to speed. Your appraisal process will be easier, too. When that first performance review rolls around, you can compare an employee’s contributions against the goals and objectives stated in the job description. There’s even the added benefit of legal protection, especially in cases where an employee may cry “that isn’t my job” when asked to do something.

Bottom line: An in-depth job description can help you make a better hire, while supporting the management and ongoing review of that hire.

So what does a well-written job description look like? Here are some guidelines:

Title. Give the job a title that fits the desired experience level and that indicates the rank within the company hierarchy (such as managerial, supervisory, clerical, etc.). Don’t use a title that is gender-specific. (For example, say “salesperson,” not “salesman.”)

Individual skills needed. Does the job require the use of certain equipment or computer programs — or some other specialized knowledge? List specific workplace qualifications, as well as broader qualities, such as “willingness to learn,” “customer service skills” and “team-playing skills.”

Responsibilities/duties. Describe the tasks the person will do routinely on the job, as well as the expected outcome. (For example, “Schedules building maintenance and repairs to ensure uninterrupted business operations.”)

Education or training requirements. Are specific degrees or certifications required for the job?

Minimum experience. What types of jobs will the ideal candidate have held previously? How many years of experience? Remember that more years of experience generally demand higher pay. Never refer to experience in terms of age. (For example, say “entry-level,” instead of “recent college graduate.”)

Work schedule. Will there be set hours? How many days a week? What type of flexibility is needed? Specify any environmental factors that may affect the position, too. (For example, excessive noise, high temperatures or outdoor work.)

Hiring and firing and the latest legalities along the way

In the HR world, two activities demand a lot of your time and attention – bringing new people on board, and letting people go. And not surprisingly, the recent recessionary crunch and temperamental job market have led to some legal changes that affect your hiring and firing practices. Here are some of the latest legal considerations – and the paperwork you need to stay on track.

Hiring – Claiming the payroll tax exemption under the HIRE Act

In a move to encourage recession-weary employers to hire again, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act on March 18, 2010. Under HIRE, qualified employers will receive two important tax breaks for hiring and holding onto previously unemployed workers:

A payroll tax exemption — An exemption from the 6.2% share of Social Security tax on wages paid to qualifying employees from March 19, 2010 through December 31, 2010

A new hire retention credit — A general business tax credit, up to $1,000, for each qualified employee retained for at least a year

You can now use the recently issued “HIRE Act Employee Affidavit,” or “Form W-11” to claim the payroll tax exemption. The main purpose of this form is to get qualified employees to state, by a signed affidavit and under penalties of perjury, that they have not been employed for more than 40 hours during the 60 days prior to beginning employment with you.

Take advantage of this exemption for newly hired, eligible employees with our Downloadable Form W-11.

For more information about the HIRE ACT, check out our HIRE Act FAQs.

Firing - Another short-term COBRA subsidy extension is in effect

In a now-familiar move with the COBRA subsidy, President Obama pushed out the eligibility date again. The bill extends the 15-month, 65% federal premium subsidy to employees laid off from April 1 through May 31, 2010. (The previous extension expired March 31.)

At the same time, President Obama urged lawmakers to pass legislation that would extend the COBRA premium subsidy to eligible individuals through the end of the year. While the Senate has cleared such a measure (Tax Extender Act of 2009), the House has not yet acted on it.

Inform employees of their COBRA rights with our Downloadable ComplyRight™ Initial Notification.

It's Earth Day! Tips for greening up your office

Today, April 22, 2010, is the 40th anniversary of Earth Day. The idea of devoting a special day to honor the planet began as a grassroots movement in the '60s and became an official U.S. observance in 1970.

For many of us, every day is Earth Day – an opportunity to reduce, recycle and reuse to lessen our impact on the planet. What’s more, the workplace can be just as much a setting for greater awareness and action as our homes, schools and communities.

To help turn your workplace into an eco-friendly oasis, let’s revisit some ideas we covered in a previous post:

Buy plants. Plants not only brighten up the workspace, but also improve the quality of the air in your building. Talk to your local nursery about which indoor plants would work best in your office.

Only print when necessary. Paper is one of the most wasted items in the workplace. When you want to print something, ask yourself if it is absolutely necessary to have a hard copy.

Print with eco-friendly ink. Soy-based toners offer an environmentally friendly alternative to the petroleum-based options. Using soy-based ink also increases the recyclability of paper, so that when you have to print, you know you’re doing it in the ‘greenest’ way possible.

Purchase recycled office supplies and products. From printer paper to the federal and state labor law posters on your walls, do your research and find the best recycled products on the market.

Consider using electronic forms. Electronic forms allow you to print out the documents you need, only when you need them. No more wasted stacks of unused forms the next time labor laws change.

Turn it off. Shutting off the lights when you leave a room is a simple way to make a positive impact on your energy costs. Take it a step further by shutting down your computer and switching appliances off when you leave the office at the end of the day.

Buy reusable utensils. Instead of going through boxes and boxes of plastic utensils every month, ask employees to bring their own from home or invest in a set of inexpensive silverware for the office. Switching to the real thing will not only reduce waste, but will also save you money.

Have any more ideas for going green at work? Leave a comment and let us know.

You've got mail? Save it for later!

So how many e-mails do you receive in a day? And how much time do you devote to these and other electronic intrusions?

According to an msnbc.com article, "Blunt the e-mail interruption assault", the average desk-bound worker loses 2.1 hours of productivity every day to interruptions and distractions, largely in the form of e-mail alerts, instant messages, buzzing BlackBerrys and cell phones. And the intrusions are nearly constant. Based on research by RescueTime, a firm that develops time-management software, a typical office employee checks e-mail 50 times a day and uses instant messaging 70 times.

And you know the next part: Time is money. Some experts estimate that e-mail overload can cost large companies up to $1 billion a year in lost productivity. The interruptions pull employees from the task at hand, chipping away at their attention spans, increasing stress and diminishing job satisfaction and creativity.

Then there’s the myth of multitasking. It’s not always the sign of a hard-working, hyper-efficient employee. Rather, science tells us that trying to tackle two or more thinking tasks at once (such as reading e-mail while on the phone with a client) taxes the brain, causes mistakes and can lead to burnout.

So what can you do to slow down the electronic onslaught and encourage employees to step out of their electronic bubble? Here are some suggestions:

=> A high-tech software company created Quiet Time, where the engineers work alone for four hours in the morning, with no message and phone contact allowed.

=> Companies like U.S. Cellular and Deloitte & Touche promote less e-mail use, encourage more face-to-face contact and have developed programs like “no e-mail Friday”

=> Put yourself on an electronic diet, only checking e-mails manually at your desktop and only three or four times a day at prescribed hours

=> Ask your staff to communicate with you by phone and to think twice before sending e-mail unless it’s important that the information be in writing (if you’re only checking e-mail a few times a day, your staff will learn not to expect an instant reply)

Making COBRA available for domestic partners, too

Losing a job is difficult enough. But even more disruptive is losing your health coverage. That’s why many people opt for COBRA to maintain their coverage after termination – protection and peace of mind for you, your spouse and your dependent children.

But what if you’re in a gay relationship? Under current COBRA law, continuation coverage would not apply to your same-sex spouse or partner, even if you worked for a company that offered this level of health coverage.

Senator Barbara Boxer of California wants to do something about that. She recently introduced legislation – the Equal Access to COBRA Act of 2010 - that would allow many domestic partners the same access to COBRA health coverage that married couples currently have.

COBRA coverage would apply to those companies that already offer health benefits to domestic partners and their children. (Currently, that amounts to more than half of Fortune 500 companies.) Domestic partners could also tap into the 65% COBRA premium subsidy that has been extended a couple of times under the Obama administration.

On her website, Barbara Boxer states:

“This is a question of fairness: Every family deserves access to health insurance, especially in this tough economy. This bill ensures that domestic partners and their families will have equal access to health coverage after a job loss.”

Boxer’s proposed bill is now with the Senate Committee on Health, Education, Labor and Pensions.

Hiring to get a boost with tax breaks for employers

With the economy crawling out of the shadows and showing signs of life again, so is hiring. We already learned that the U.S. economy posted its largest job gain in three years last month. And help is coming from the White House, too.

In a move to encourage recession-weary employers to step up their hiring efforts, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act in mid-March, 2010. Under HIRE, qualified employers will receive two important tax breaks for hiring and holding onto previously unemployed workers:

1) A payroll tax exemption - An exemption from the employer’s 6.2% share of Social Security tax on wages paid to qualifying employees from March 19, 2010 through December 31, 2010

2) A new hire retention credit – A general business tax credit, up to $1,000, for each qualified employee retained for at least a year

To support this hiring incentive and help employers claim the payroll tax exemption, the IRS has issued a draft form (“HIRE Act Employee Affidavit,” or “Form W-11”) to confirm that an employee is qualified. Keep in mind, though, that you can use another similar statement if it contains the same information as Form W-11.

The main purpose of this form is to get qualified employees to state, by a signed affidavit and under penalties of perjury, that they have not been employed for more than 40 hours during the 60 days prior to beginning employment with you.

Most eligible employers will then use Form 941, Employer’s Quarterly Federal Tax Return, to complete the payroll tax exemption claim – also available in draft form from the IRS.

And who is a “qualified employee,” you ask? That would be an individual who:

=> Starts working for you after February 3, 2010, and before January 1, 2011
=> Completes the signed affidavit
=> Is not replacing another employee unless that employee left voluntarily or for cause (such as downsizing)
=> Is not related to you

G.Neil will keep you informed about the HIRE Act and finalized versions of the related tax forms once they’re released. In the meantime, you can check out the FAQs on the IRS website.

When talk of health care reform turns ugly

Whether you support it or scorn it, it’s clear that the new health care reform law has hit a nerve with many Americans. In homes, restaurants, coffee shops and every meeting place in between, heated discussions about the intent and effect of the new bill can be heard. And like a couple of ill-tempered children squaring off on the playground, it’s not always pretty.

But what about the workplace? How far can employees take their political views while on the clock – and what if casual discussions escalate and cross the line?

As a blogger over at LegalWorkplace.com so aptly suggests ...

While you can’t request that employees couch all political discussions at work, you can step in if their water-cooler exchanges dampen their productivity or become nasty.

Bottom line: It’s completely unacceptable for any workplace conversation to intensify to the point of throwing around racial slurs or outright threats. More than that, it’s grounds for immediate disciplinary action. If you witness this (or are the target of such behavior), you should report it immediately to a manager or supervisor.

Most employers would be wise to remind their workforce to behave appropriately online, too. Facebook is not the place for respected professionals to “let down their guard” and spout off their political views. Again, it comes down to remaining calm and balanced, which some people struggle with when their political views are challenged. You never know who among your friends (and business associates) on Facebook is following your rants and questioning your integrity as a result.

Have you noticed more health care reform-related discussions in your workplace? Are employees keeping their emotions in check so healthy discussions don’t turn into harmful debates?

It's a good Friday for job growth, too

On this sunny Friday afternoon, I thought I’d pass along some equally cheery news from the job front:

The U.S. economy posted its largest job gain in three years in March.

More specifically, the Department of Labor said employers added 162,000 jobs last month – 123,000 of those by private employers.

"It's just the beginning of a rise in private hiring that will help sustain the recovery," said Stuart Hoffman, chief economist at PNC Financial Services Group."They're not big numbers, but they're welcome numbers."

And although some of the news in the report was mixed, I’d like to sustain your good mood with only these additional, upbeat details:

=> Manufacturers added 17,000 jobs, the third straight month of gains
=> Temporary help services added 40,000 jobs, while health care added 37,000
=> Leisure and hospitality added 22,000 jobs
=> Even the beaten-up construction industry added 15,000 positions
=> Plus, the average work week increased to 34 hours from 33.9

This recent report comes on the heels of data earlier this week that showed consumers are stepping up their spending, and manufacturing activity is growing at its fastest pace in more than five years. As they keep a close eye on the numbers, economists are hopeful that the nation will steer clear of a "double-dip" recession, where growth slows after a short burst.

"The stars are starting to align here," said Brian Bethune, chief U.S. financial economist at IHS Global Insight.

Does this job make me look fat?

We can now count obesity among the harmful side effects of the lousy economy and stressed-out working conditions. A study by the University of Rochester Medical Center focused on more than 2,700 employees of a large manufacturing facility in upstate New York – an employer that, like many others throughout the country, has experienced layoffs and its fair share of recessionary fallout.

The study revealed that chronic job stress, combined with lack of physical exercise, is a big contributor to weight gain. Alarmingly so. In the case of this particular study, up to 75 percent of the employees were overweight or obese. (Most of the study participants were middle-aged, white, married, highly educated (college degree or more), relatively well-paid (earning more than $60,000 a year), with an average of almost 22 years at the company.)

Stress, whether it’s coming from home, work, the daily commute and anything in between, hurts our health directly and indirectly. Directly, it affects the neuroendocrine system and can lead to the unfortunate storage of abdominal fat. Indirectly, it is linked to bad habits like scarfing down on double-fudge brownies and nachos, or plopping down on a cushy chair instead of hitting the gym.

For the New York workers, a typical evening after a day of stressful meetings and sitting at their computers was “vegging out” in front of the TV for two or more hours. During times of staff cuts, the vending machines were quickly cleared of the snacks highest in fat and calories. And certain workers claimed they didn’t take the time to eat well or exercise at lunch because they were afraid to leave their desks for too long.

"In a poor economy, companies should take care of the people who survive layoffs and end up staying in stressful jobs," says Diana Fernandez, M.D., M.P.H., Ph.D., an epidemiologist at the URMC Department of Community and Preventive Medicine. "It is important to focus on strengthening wellness programs to provide good nutrition, ways to deal with job demands, and more opportunities for physical activity that are built into the regular workday without penalty." (ScienceDaily)

The concern, of course, is that this upstate New York facility reflects the health of most American workplaces.

So what can you do to discourage your employees from “stress eating” on the job, de-prioritizing their fitness goals and feeling burned out?

Wellness programs that support healthy eating (and back it up with better snack alternatives at the cafeteria, food carts and vending machines) are a good start, as are walking programs, discounted gym memberships and onsite, stress-reduction workshops. Good health isn’t something you shut off at the start of another hectic workday. Healthier lifestyles should be encouraged at work, for the benefit of both the employer and the employee.

Related posts:

Obesity linked to more expensive workers’ comp claims

Wellness investment yields better than 1:1 return

Employees hit the road for National Start! Walking Day

Limited healthy snack options test workers’ waistlines

Breaks for breastfeeding workers under the health care reform act

Due to the exhaustive coverage in the past week and a half, most of us are well aware of the key changes that will occur under the recently signed Patient Protection and Affordable Care Act. But with all the attention the sweeping changes are getting, some of the smaller, less controversial, developments are flying under the radar.

Take breaks for breastfeeding mothers, for example. Under the new health care reform bill, employers covered by the Fair Labor Standards Act (FLSA), must provide “reasonable” breaks to mothers to express milk for their infants up to one year old.

The FLSA amendment also requires employers to furnish a private space, other than a restroom, for mothers to express milk. (Employers with fewer than 50 employees, however, may be excused from this requirement if it would “impose an undue hardship by causing the employer significant difficulty or expense.”)

While many states already require unpaid breaks and private areas for breastfeeding mothers, the health care reform bill will make it a federal requirement for employers.

For advocacy groups like the National Women’s Law Center, this is an important development for working women. As Kelli Garcia, a Fellow with NWLC and contributor to its blog, shares:

Not all mothers are able or want to breastfeed. Sometimes, it’s because there are too many barriers that make breastfeeding challenging for new mothers. Thanks to this law, fear of losing your job because you need to take a break to pump or fear of exposing yourself to your co-workers because you cannot find a private place to express breast milk will no longer be among those barriers.

Garcia adds that although it would be even better if employers were required to provide paid breaks for mothers to pump, the law is a step in the right direction.

In the meantime, lawmakers are working to define what is “reasonable” break time and appropriate private space, as well as the penalties for violating the requirements.

What about your company? Are you in a state that already requires this benefit to breastfeeding mothers? And if so, what have you done regarding scheduling and space to make these requirements a win-win for you and your employees?

Step up to the plate with your company's spring training

For two months every year, Major League Baseball teams gather in the sunny states of Florida and Arizona to work out the kinks and prepare for a new season. It’s a time to refine their skills, make adjustments to their mechanics and practice, practice, practice … all before opening day in April.

Is it time for some spring training for your company team? Do your pitchers, catchers and position players need to get off the bench and hone their techniques for competitive play?

To borrow some thoughts from the Training Time rule book, you should start with a list of last year’s training – taking a good, hard look at what worked and what did not. Consider:

=> Which two training classes or programs got the highest ratings from participants? Which two or three garnered the lowest participant ratings?

=> Which training programs had the fastest participant sign-up rate? Which had the lowest?

=> Which training resulted in the largest impact on your employees' behavior, performance or productivity?

=> Which training was a complete flop? This could be people falling asleep, disappearing after breaks, daydreaming, texting under the table, negative behavior not changing or truly awful evaluations by participants. Be honest. Even if it was your absolute favorite session, if it flopped, it flopped.

=> Which training was the hands-down best for 2009? Again, be honest. Maybe it was one you hated or it was a pain to put together. But it worked and it worked well.

Finding the common factors

Now review your list and pinpoint the things your really good training sessions had in common. (And, of course, the things your really bad training sessions shared.) Look at:

Technique - Was it a lecture, video, activity, panel discussion or brainstorming session? Define the way information was conveyed.

Topic - Categorize your training sessions into a few topics. Management skills, productivity, legal issues, etc.

Training location - Where was the training presented? In a conference room, on the factory floor, offsite?

Teacher(s) - Who presented? Was it an individual or a team?

Tools - What tools were used in the training? Computers? Game show-like elements? Toys? Paper and pencil?

Timing - When was the training presented? First thing in the morning or right before quitting time? Over lunch or during a busy time of day? And how long did it last? An hour? All day? All week?

The hard part is over: You’ve identified the superstars and the minor leaguers. Now it's time to make changes in your training game plan that will improve play and lead to more wins.

COBRA subsidy extended once again

It keeps going … and going ... and going.

The House recently passed legislation to extend the 15-month, 65% COBRA premium subsidy another month, until April 30, as well as emergency unemployment insurance benefits until May 5. (In early March, President Obama signed the Temporary Extension Act of 2010, which extended the COBRA subsidy until March 31 and unemployment insurance benefits until April 5.)

In the meantime, the Senate has passed a more comprehensive bill – the Tax Extender Act of 2009 - that would push these benefits out to year’s end, which the House is expected to pass. But if the vote comes after these latest deadlines have passed, another “stopgap” extender bill may be necessary.

Are you keeping your involuntarily terminated employees informed of these extensions, and their possible eligibility?

The Department of Labor (DOL) has released recommended language for communicating the COBRA extension to your employees. To keep things simple (and legally compliant!), check out our COBRA poster, employee notices and other recordkeeping resources.

Getting better versed about E-Verify

As you already know, E-Verify is the free, Web-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). It compares employee information from the Form I-9 against federal databases to confirm that new hires are legally authorized to work in the United States.

But do you know some of the latest developments surrounding this federal program? Here are the top four:

1) It is mandatory for federal contractors

As of September 8, 2009, all federal contractors and subcontractors (including those who receive American Recovery and Reinvestment Act funds) are required to use E-Verify to check a worker’s employment eligibility. The rule applies specifically to contracts of more than $100,000 and subcontracts of more than $3,000.

2) Nearly ¼ of our states require E-Verify

While largely a voluntary program, E-Verify is required for public and/or private employers in 13 states (ten through legislation and three through executive orders).

3) Participation in E-Verify is growing rapidly

More than 182,000 employers are currently enrolled in E-Verify, with more than 8.7 million queries generated in 2009. As of mid-January, the number of queries in 2010 had already reached 3.6 million.

In addition, the number of registered employers is growing by more than 1,200 per week.

4) E-Verify participants must comply with posting requirements

In addition to following specific procedures for new hires, E-Verify users must clearly display both the English and Spanish Notice of E-Verify Participation and the Right to Work Poster. Together, they explain the employer’s use of E-Verify and the rights of employees.

Keep in mind that even if your business outsources I-9 compliance and employment eligibility verification (and E-Verify is part of that process), you must display these postings in the workplace.

When work stinks ... literally

To you, it’s a lovely little air freshener that smells like spring rain. To your colleague down the hall, it’s a reeking time bomb that makes her feel lousy every time she catches a whiff of it.

According to WebMD, more than 2 million Americans suffer from fragrance allergies or sensitivities. For them, the products that make us nicer to be around in crowded elevators, such as colognes, perfumes, moisturizers, soaps, deodorant and aftershave, can be downright sickening. If they use fragranced products, they may develop a rash with redness, itching or blistering. And if they’re near someone who uses these products, whether on their body or in their environment (in the case of air fresheners), they may experience any number of symptoms – from sneezing, a runny nose and watery eyes, to headaches, difficulty concentrating and dizziness.

Needless to say, not a good scenario for getting your work done. Which is why more and more workplaces are encouraging their employees to be considerate of their fragrance-sensitive coworkers – and keep the aromatic body and room “fresheners” to a minimum.

For city workers in Detroit, MI, they’re more than “encouraged” not to wear fragranced products. It’s more like warned, thanks to a federal lawsuit filed in 2008 by a city employee who claimed a colleague’s perfume made it challenging for her to do her job. (msnbc.com)

Warnings now appear in the employee handbook, in the Americans with Disabilities Act (ADA) training and via postings that appear throughout city buildings.

In the case of my own company, the issue wasn’t as urgent, but one that needed to be addressed, nonetheless. Our Human Resources Manager sent a company-wide e-mail explaining fragrance sensitivity and asking everyone to be aware of it and take steps to “keep the air as breathable as possible at work.”

So what about your workplace? Have you had to address this issue and if so, how did you do it? For the extremely sensitive employee who lets you know about a fragrance allergy, could you be looking at a “reasonable accommodation” under the expanded ADA?

Until there are more hours in a day ...

This Sunday, March 14, Daylight Saving Time begins. Every year, as I’m adjusting the clocks scattered throughout my home (in the hall, by my bed, on the microwave, on my cell phone, on my laptop, etc. etc. etc.), I’m struck at how easily we can manipulate time. Yesterday, it was dark when I was leaving work; today, by the turn of the hour hand, it’s still light!

Which makes me think: On those days when the items on your to-do list are in the double digits, wouldn’t it be nice to just add an hour or two to the daily 24? There, I got all my work done AND I still have time for me, my family and a full night’s rest.

But until we can bend time (or freeze it so we can get “caught up”), we’re left to manage it. Like the clock-adjusting scramble every spring, it requires tweaks and changes that will help you stay one step ahead of your to-do list while keeping your sanity intact.

From an article on workplace productivity in G.Neil’s HR Library here are some tips:

Put it in writing. Write everything down and post it in a highly visible place to help clear your mind and allow more creativity to flow.

Prioritize. Organize your to-do list in order, with the most important tasks at the top of the list and those that can wait toward the bottom.

Just do it. If something on your to-do list can be completed within two minutes, do it right then and there for an immediate sense of accomplishment.

Be aware. Do your best to focus on one task at a time and be fully conscious in whatever you’re working on.

Find your best time to work. Tackle the most important tasks during the time of the day when you are most productive.

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

Take a break. When you start feeling stressed or tired, step away from your desk or workspace and go for a walk.

Work with what you have. Accept the fact that there will always be something left on your to-do list at the end of the day. Go home, relax and deal with that task tomorrow.

Enjoy your time off. Use your days off to regroup and refresh. Time away from work is healthy and will improve your productivity when you return to the office. (See earlier post, Take your vacation days – you need ‘em! )

The top 10 jobs of 2010

Based on their research of 200 different positions, CareerCast.com has ranked the “best” jobs for the new year. The Jobs Rated report compared careers across a variety of industries and took into account a handful of factors, including stress, working environment, physical demands, income and hiring outlook.

And in case you think you’re going to be “wowed” by this list, the article on the CareerCast site explains:

“ … top careers in the Jobs Rated report typically don’t stand out as the most glamorous, highest paying or most noble. Instead, they are the jobs that offer the greatest chance of enjoying a combination of good health, low stress, a pleasant workplace, solid income and strong growth potential.”

So with that being said, here’s the list:

1. Actuary
2. Software Engineer
3. Computer Systems Analyst
4. Biologist
5. Historian
6. Mathematician
7. Paralegal Assistant
8. Statistician
9. Accountant
10. Dental Hygienist

For more information, check out the article here.

Does your harassment training cover mistreatment of men?

Workplace harassment can rear its ugly head in many different forms. The stereotypical image of harassment as the overbearing male boss making advances on a young, attractive female is a narrow-minded view. And if your training takes this same narrow-minded view, you could be tip-toeing around some legal landmines.

Take male harassment. Last year, the percentage of lawsuits the EEOC filed on behalf of male victims reached an all-time high – amounting to 14% of all cases.

A Seattle Times article explains:

While some cases allege harassment by female supervisors or co-workers, most charges involve men harassing other men. Sometimes it's unwelcome romantic advances. Other times, men are picked on because they are gay, perceived as being gay or not considered masculine enough for the work setting.

As the EEOC handles more lawsuits involving men, it’s also reinforcing the message that this type of harassment is unacceptable and unlawful. Case in point: Last November, the Cheesecake Factory agreed to pay $345,000 to six male employees who claimed they were sexually assaulted by a group of male kitchen staffers at a Phoenix-area restaurant.

Another case in point, this time involving women making unwanted advances toward men: Last year, the Regal Entertainment Group agreed to pay $175,000 to a male employee who claimed a female co-worker repeatedly grabbed his crotch.

While male victims may be less inclined to come forward with their harassment claims for fear of being judged or ridiculed, they shouldn’t be expected to suffer in silence either.

“All sexual harassment victims feel humiliated, lacking control and power," says Mary Jo O'Neill, a regional attorney in the EEOC's Phoenix District office.

How inclusive is your harassment training? Are you taking a broad view of every type of harassment that can surface in your workplace? And more important, are you educating your staff on the attitudes and actions against women and men that can get them in trouble?

Life's a "breach" if you mishandle protected health information

In late August 2009, the Department of Health and Human Services (HHS) issued new regulations requiring entities covered by the Health Insurance Portability and Accountability Act (HIPAA) to notify individuals when their protected health information (PHI) is compromised. Specifically, the HITECH Act requires businesses to report breaches affecting 500 or more individuals to HHS within 60 days of discovering the breach. It also requires that HHS post on its website a list of these reported breaches.

The “Breach Notification Rule’ is now in full play. Last week, HHS posted a list of breaches of unsecured PHI that affected 500 or more people. As summarized in the report, 27 of the breaches resulted from thefts of paper or electronic records. Other breaches were described as “Hacking/IT Incident,” “Loss,” “Incorrect Mailing,” “Unauthorized Access,” “Misdirected Email,” and “Phishing Scam.” The breach affecting the largest number of individuals was reported by Blue Cross Blue Shield of Tennessee. There, a theft of hard drives resulted in breaches of unsecured PHI affecting half a million individuals.

Does the new rule apply to you?

It does if you’re a HIPAA-covered entity or business associate, including most health care providers, health plans and health care clearinghouses. Employers who act as sponsors of group health plans may also be covered entities, depending upon their level of involvement.

What is a breach?

A breach occurs when 1) there has been “unauthorized” access, use or disclosure of “unsecured” PHI that violates the 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.”

“Unsecured” PHI is any information that has not been rendered unusable, unreadable or indecipherable to unauthorized individuals through the use 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.

Beyond enhancing your data security efforts, you have a responsibility to:

=> notify individuals when their health information has been compromised
=> update your HIPAA policies and procedures
=> educate employees on new procedures

Cover all the bases with our HIPAA Forms CD-ROM and Poster Bundle. It includes all the HIPAA compliance materials you need - from an Employee Information Poster and HIPAA Privacy and Security Policy to a Breach Incident Log and other essential forms - to stay in compliance.

For additional direction with your compliance questions, go to HIPAA FAQs.

Under proposed bill, hiring an illegal worker could land you in jail

Last week, Rep. Frank Kratovil of Maryland introduced a bill that would increase prison terms and fines for employers who knowingly hire illegal workers. While current law imposes penalties if an employer shows a pattern of violations, the “Criminal Penalties for Unauthorized Employment Act of 2010 (H.R. 4627)” would expand the penalties for employing unauthorized aliens as follows:

Criminal Penalties
First offense: A fine of $2,500 and/or imprisonment up to one year
Second offense: A fine of $5,000 and/or imprisonment up to two years
Third offense: A fine of $10,000 and/or imprisonment up to five years

Civil Penalties
First offense: A fine of between $1,000-$5,000
Second offense: A fine of between $5,000-$10,000
Third offense: A fine of between $10,000-$20,000

Under current law, criminal penalties for knowingly hiring an illegal alien only kick in after an individual with direct hiring authority shows a “pattern or practice of violations.” The proposed bill would be more hard-hitting by authorizing imprisonment for any offense, as well as increasing the maximum terms of imprisonment, criminal fines and civil fines. Keep in mind, too, that these proposed fines and prison terms are per violation, with penalties increasing for repeat violations.

“Employers who hire illegal immigrants are not only breaking the law, but they are also undermining the legal immigration system, creating an unfair advantage over employers who are playing by the rules, and hurting American workers,” said Rep. Kratovil. “We can’t make progress toward reducing illegal immigration until we get serious about cracking down on the bad actors who are creating the incentives."

As we’ve warned countless times on this blog, this is no time to take chances when verifying an employee’s eligibility to work in the U.S.! Homeland Security is already stepping up inspections and enforcement for I-9 Form violations. And if this bill were to get passed, the impact for non-compliance could be that much more costly and crippling to your business.

For guidance with your I-9 practices and to protect your business from a potential audit, check out our latest podcast, Employment Verification Guidelines and Tips. Grab a cup of coffee, sit back and listen as employment law attorney Lillian Mojica covers the current employment verification guidelines and tips for ensuring every I-9 Form is completed properly.

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