HR Forum

How to recover faster from a disaster

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

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

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

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

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

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

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

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

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

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

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

Put your plan to the test ...

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

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

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

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

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

Here are the 10 safety issues that made the list:

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

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

American Heart Association switches CPR steps under new guidelines

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

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

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

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

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

Employers can expect a spike in OSHA penalties under new policy

As part of a longer-term enforcement plan, the Occupational Safety and Health Administration (OSHA) is moving forward with a new, stricter administrative penalty policy that became effective October 1, 2010. Many experts felt that OSHA’s penalties, which have been around since the early 1970s, were too low to act as a deterrent. A handful of penalty adjustments will have a much wider, harder-hitting effect on employers.

Under the new policy, the time period for reviewing an employer’s past history of OSHA violations – to determine a “repeat” violation and any penalty increases or reductions – will expand from three to five years. An employer who has been cited by OSHA for a high-gravity, serious, willful, repeat or failure-to-abate violation within the last five years will receive a 10% penalty increase, up to the statutory maximum. (At the same time, any employer who has been inspected in the last five years and has none of these violations will receive a 10% penalty reduction.)

Among the other adjustments with the new policy:

• High-gravity, serious violations under OSHA’s Severe Violators Enforcement Program (SVEP) don’t have to be grouped but, rather, can be cited as separate violations with their own penalties

• OSHA officers can consider the gravity of serious violations (the severity and probability of an injury/illness resulting from a hazard) to issue penalties ranging from $3,000 to $7,000

• Employers with 251 or more employees will not receive any penalty reduction for employer size

• Good-faith procedures will continue, where employers can earn a reduction if they have a solid safety and health program in place, and are clear of any high-gravity, serious, willful, repeat or failure-to-abate violations

• Also retained is the 15% “quick fix” reduction for employers who immediately address any hazards identified in an inspection

• The minimum proposed penalty for a serious violation will increase to $500, and the minimum penalty for a posting violation will increase to $250 (if OSHA previously provided the company a poster)

In light of OSHA’s new penalty policy, you should carefully audit your safety and health program, remove all workplace hazards, enhance your safety practices, and properly document accidents and injuries. Check out our OSHA recordkeeping forms and tools for clear direction and easier compliance.

Statistics underscore administration's tough stance on immigration enforcement

According to a recent announcement by the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE), the Obama administration has achieved record-breaking immigration enforcement statistics in the past 20 months. Of particular note is the unprecedented number of convicted criminal aliens being identified and removed from the country.

Since January 2009, ICE audited more than 3,200 employers suspected of hiring illegal employees, debarred 225 companies and individuals, and imposed approximately $50 million in financial sanctions. In fiscal year 2010, ICE removed more than 392,000 illegal aliens (of which more than 195,000 were convicted criminals) … a 70% increase from the previous administration.

“This administration has focused on enforcing our immigration laws in a smart, effective manner that prioritizes public safety and national security and holds employers accountable who knowingly and repeatedly break the law,” said DHS Secretary Janet Napolitano.

We've said it before, and we'll say it again: Protect your business from damaging fines and even criminal arrests with a properly completed Form I-9 for every new employee.

Previous posts:

The "ICEy" grip of immigration enforcement felt by 500+ businesses

10 tips for surviving an I-9 audit

That knock on your office door may be Homeland Security

7 ways to rev up employee reviews

When it comes to managing employee performance, many companies miss the mark. And here’s why: Performance management means more than conducting reviews with employees once or twice a year.

If you only provide feedback at review time – sitting across a desk and going point by point through a rigid appraisal form – you’re overlooking many valuable opportunities to mentor, support and guide your employees.

For more relevant, results-driven performance management, you should:

1) Provide regular and immediate feedback year-round. To help employees learn from their mistakes and overcome their challenges, you need to share feedback that’s specific and timely. If you’re plugged into what your employees are doing day to day, and have worked to maintain an “open door” policy with them, confronting them with constructive criticism will be easier.

2) Set the right foundation at the beginning of the year. Create some structure around your expectations for the position and what a positive, productive year should look like. With the employee’s input, take the time to determine a handful of objective, measurable goals. Strive for goals that are challenging, but at the same time attainable.

3) Keep track of daily performance. A performance log lets you jot down notes about an employee’s good or bad behavior, as you observe it or hear about it. This information can be a handy reference for weekly or monthly discussions and certainly, a much more reliable resource at review time than your memory!

=> => OK, you’re keeping the lines of communication open with your employees and providing thoughtful feedback on a regular basis. But like most companies, you also need to complete a written appraisal and conduct a formal, one-on-one review. Here’s how to make the most of it:

4) Be prepared. This should be obvious, but make sure you’ve thought through what you’re going to say, and how you’re going to say it, before sitting down with the employee. Whether you use a standard performance appraisal form or some other written format for rating key performance factors, you still need to talk through the contents and fill in additional details.

5) Lead with the positive. Performance reviews can be as anxiety-inducing for the employee as they are for the manager or supervisor. Reinforce the employee’s strengths (with specific examples, of course) at the beginning of the review to set a positive tone and help put the employee at ease.

6) Make it a two-way conversation. An effective performance review is not a one-sided monologue by a manager. Rather, it should be an open exchange that allows employees to voice their concerns and offer new ideas. Creating this dynamic will help employees feel you value their opinions, which goes a long way toward increasing employee engagement and morale.

7) Focus on what matters to the employee. Job satisfaction plays a huge role in an employee’s attitude and performance. Just as no two employees are exactly alike, there’s no such thing as a “one size fits all” approach to reviews. An effective review should explore the issues that matter most to the employee, whether that means accepting new challenges, working on teams, taking on more responsibility or receiving additional training. If you know what makes an employee “tick”, you can tie more of those motivators into his or her goals and objectives.

More Americans using illicit drugs - How to keep your workplace clean

Based on a survey by the Substance Abuse and Mental Health Services Administration (SAMHSA), the overall rate of illicit drug use in the United States rose from 8% in 2008 to 8.7% in 2009 (among Americans aged 12 and older). The higher numbers are believed to be the result of greater marijuana use.

The annual National Survey on Drug Use and Health (NSDUH) shows that other forms of substance abuse are on the rise, too:

Nonmedical use of prescription drugs - 2.8% in 2009 (from 2.5% in 2008)
Number of past-month ecstasy users – 760,000 in 2009 (from 555,000 in 2008)
Number of methamphetamine users - 502,000 in 2009 (from 314,000 in 2008)

Drug-Free Work Week is October 18-24, the perfect time to build awareness and take specific steps that will positively impact your company’s safety and productivity. Here are some ways you can make the most of it:

• Implement a drug-free workplace program – Make this the week you launch a program, if you don’t already have one. Employee handbook software can help you develop a solid, legally approved drug-free policy. You’ll also want to let applicants know your workplace is drug-free by applying drug-free applicant stickers to your job applications.

• Promote your drug-free workplace program - Once you have a program, you’ve got to get the word out and get employees involved. Hand out substance abuse fact sheets to remind employees about the effects substance abuse can have on the workplace.

• Train supervisors on their role in the workplace - Ensure supervisors understand your policies for handling substance abuse with a supervisor-specific handbook that outlines what they can and cannot do if they suspect abuse among their employees.

• Remind employees about the availability of employee-assistance services - These free, confidential services can help employees get the help they need to overcome substance abuse problems.

• Offer health screenings - Let employees know about the resources available to them to evaluate whether they have a substance abuse problem. Also, consider giving employees disposable alcohol detectors during holiday breaks when alcohol consumption is more likely, and encourage them to test alcohol levels before driving.

• Review your health insurance policy - Employees are more likely to seek help if your policy includes coverage for substance abuse treatment. Consider the cost benefit of adding such coverage over the cost of an accident and lost productivity.

• Create a drug-free workplace display - Dedicate an area of your workplace, such as a breakroom bulletin board, for raising awareness of your drug-free workplace policy with substance abuse posters.

• Feature Drug-Free Work Week in the employee newsletter or intranet - This feature can contain helpful information about the impact of drugs on the workplace, sources of help, and things workers can do if they think a colleague may have a substance abuse problem.

• Distribute a payroll message listing helplines or a reminder about Drug-Free Work Week for employees – Let employees know about Drug-Free Work Week with a notice that includes a list of resources available to them.

• Hold a social event celebrating safety and health - Put together a pizza lunch or other worktime activity to help blow off some steam … and reinforce the message that drugs and alcohol aren’t necessary to relax.

• Allow employees time to volunteer in community drug-prevention efforts - Organize a team of volunteers to help support local drug-prevention programs, or grant time off for employees who are involved in other drug-awareness and prevention efforts.

Changing a job's "essential functions" - ADA loophole or sinkhole?

Ask Woodman’s Food Markets this question and you’ll probably get a resounding “sinkhole.” The Janesville, Wisconsin-based grocery store chain is being sued by the Equal Employment Opportunity Commission (EEOC) for firing a disabled employee who was restricted from lifting more than 10 pounds.

The snag is this: Kimberly McMillan-Goodwin successfully performed the job for years with the lifting restriction. But when she returned from an absence due to injuries in a car accident, she was placed on a one-year leave and then terminated. The company’s explanation? It changed the position, making McMillan-Goodwin no longer able to perform her job with the long-standing restriction. Plus, the company claimed it had no other positions to offer her.

While we don’t know the outcome of the lawsuit yet, the case deserves our attention because it pertains to whether an employer can change the essential functions of a job under the ADA and in turn, fire a disabled individual who was previously qualified. There is a fear that for particularly crafty employers, this could serve as a legal loophole, allowing them to sidestep the accommodation duty under the ADAAA’s expanded definition of “disabled.” Simply change the job description to shut out disabled candidates or existing employees who no longer meet the job’s requirements.

The EEOC’s position in the”changed jobs” case is more clear-cut. “It is unfortunate that some managers still act as if it’s acceptable to deny jobs to people who are ready and able to work, simply because of a disability – especially when the people they put on the street have a history of
long, loyal successful performance,” says John Hendrickson, regional attorney for the EEOC’s Chicago District. “It really runs against most people’s sense of fundamental fairness and, beyond that, it violates federal law.” (eeoc.gov)

October is National Disability Employment Awareness Month. In its support for disabled employees, the DOL’s Office of Disability Employment Policy (ODEP) is promoting the message:

“Talent has no boundaries – Workplace diversity includes people with disabilities.”

Are you doing your part to open doors when hiring and promoting workers with disabilities? Just as important, are your workplace policies in sync with last year’s amendments to the ADA, including making reasonable accommodations for qualified individuals?

Caution! Pulling back the social media curtain could lead to hiring discrimination

The social networking explosion has created an “Age of Transparency” for individuals who share their lives – the good, the bad and the ugly – for the entire world to see. As of January 2010, there were more than 500 million global subscribers to Facebook, with 103 million residing in the U.S. – a leap from 43 million a year earlier or an annual increase of 145 percent! Even more astonishing: The growth rate within the 35-54 age bracket is up 328 percent in the U.S. over the same period. It’s safe to say nearly everyone is doing it.

The ubiquitous use of Facebook and other social networking websites creates opportunities for hiring managers and HR professionals to “peek behind the curtain” with potential hires. While a helpful resource, social networking sites may also pose an HR risk if discrimination comes into play during the screening process.

To make sure you don’t cross any legal lines, consider these tips before scouring social networking sites:

1. Don’t judge a book by its cover. Photos appearing on social networking sites often depict individuals having fun with friends and family and may not always be flattering. Judge candidates on how they present themselves during face-to-face interviews. It’s their professionalism in an office environment that you are concerned with most.

2. Check out LinkedIn for the professional point of view. While Facebook is a friends and family communication portal, LinkedIn is its professional counterpart. Reviewing LinkedIn content will give you a much better perspective of an individual’s career history, skill set and professional presentation.

3. Avoid out and out discrimination. Some managers may dig deep into a prospect’s past, and, in turn, uncover spiritual, political, social or sexual preferences in the process. Using this information and other protected categories to discriminate in the hiring process is unlawful. Some states, like California and New York, have privacy laws preventing employers from interfering with employees’ private lives.

4. Social networking sites don’t always present the facts. Many people provide inflated details about their personal lives to hide certain information or to paint a desirable picture to friends and family. Focus your hiring decisions on resumes, interviews and references to avoid relying on disinformation.

5. Add social networking rules to your company policy. The best practice to avoid misuse of social networking sites is having a written policy that clearly informs hiring managers about what information can and cannot be considered in the review process.

OSHA gets involved to discourage distracted driving

The fight to discourage texting while driving just gained new momentum. The Occupational Safety and Health Administration (OSHA) and the U.S. Department of Transportation (DOT) are partnering to build awareness about the dangers of distracted driving and reduce worker fatalities from vehicle crashes.

“It is imperative that employers eliminate financial and other incentives that encourage workers to text while driving,” said Secretary of Labor Hilda L. Solis. “It is well recognized that texting while driving dramatically increases the risk of a motor vehicle injury or fatality.”

Texting while driving is already a hot topic for much of the country. On the legal front, President Obama signed an executive order last year prohibiting federal employees from texting while driving, and more than 20 states make it a primary offense to text and drive. And this past spring, Oprah Winfrey and Harpo Studios declared April 30 the nation’s first “No Phone Zone Day.”

As part of its multi-pronged strategy, OSHA will launch an education campaign for employers during “Drive Safely Work Week” in early October, post an open letter to employers on its website to advance the “no texting while driving” initiative, and align with the National Safety Council and other organizations to reach out and support employers in their efforts.

What are you doing to help put the brakes on distracted driving? You can take two important steps to deter this dangerous practice: 1) Distribute an employee policy forbidding cell phone use while driving and 2) Display a workplace poster to reinforce your message.

"I'd love a vacation, but I just can't ... "

It’s a catch-22: Employees stressed to the max could really use a vacation, but they have too much going on to take one. And without a healthy balance of quality downtime, stress levels continue to mount.

According to a “Wellness in Travel” study of 1,500 Americans by Westin Hotels & Resorts, more than half of workers failed to take all their vacation days. And even though 58% of respondents felt the need for vacation, 64% canceled plans due to work worries. What’s most unfortunate? Of those surveyed, 48% said they were happier and more positive at work and home after taking a vacation.

Starwood Hotels & Resorts, the owner of Westin Hotels, wants to help. A new campaign intends to educate consumers on vacation health benefits, while also giving them a chance to win free vacations. Rest-deprived workers can visit http://www.travelandbewell.com/ to learn more and sign a pledge to tap their remaining vacation days before year-end. Each pledge taker is entered to win one of 200 four-day vacations at a Westin Hotel in the U.S.

Are you following Westin’s lead and making it easier for employees to get away? It’s important to create a culture that supports a healthy work-life balance that includes well-earned time off. The last thing you want is employees thinking it’s more trouble than it’s worth to take a little R&R.

Beyond an employee vacation policy that outlines days off employees are entitled to, you should create a clear, consistent procedure for employees to request vacation time and receive approval. While it’s prudent to consider peak times for your business and the availability of others to absorb vacationing employee workloads, managers need to be responsive and collaborative with any requests. Throwing your hands in the air and groaning when a request comes in doesn’t send a positive message.

It’s time to encourage employees to take time off – for their benefit, as well as the company’s!

The "ICEy" grip of immigration enforcement felt by 500+ businesses

On September 15, the U.S. Immigration and Customs Enforcement (ICE) doled out Notices of Inspection (NOIs) to more than 500 businesses nationwide. If a company receives a NOI, it has three business days to prepare for an in-person meeting with federal officials … and reveal its I-9 employment verification forms and payroll documentation.

According to ICE, these particular businesses are under scrutiny due to specific leads and allegations of hiring unauthorized workers, exploiting workers and paying unfair wages. The fines for I-9 errors identified in an inspection range from $110 to $1,100 per form – with greater penalties for knowingly employing unauthorized workers.

Would your employment verification practices pass inspection? Protect your business from damaging fines and even criminal arrests with a properly completed Downloadable Form I-9 for every new employee. And for expert answers to all your I-9 compliance questions – including how to prevent an I-9 audit - turn to the easy-to-browse CD-ROM, ComplyRight™ SolveIt Now™ Answers to All Your Questions: I-9 Compliance & Immigration Law.

Stand up to workplace bullies

"Sticks and stones may break my bones, but words will never hurt me." If only that were true. As it is, words can be extremely hurtful, whether they're delivered by a surly schoolmate when we're young or a cocky coworker later in life.

According to a 2007 Zogby International survey, nearly 37% of workers (or about 54 million people), have been bullied or repeatedly mistreated at work. What’s worse, bullying is on the rise. ValueOptions®, an independent behavioral health and wellness company, reports a spike in people accessing the Employee Assistance Program (EAP) due to on-the-job bullying and other aggressive behavior.

“At work, bullying can be less obvious [then on the playground] and occur over a long period of time, resulting in extreme stress and anxiety for the employee,” says Rich Paul, vice president of Health & Performance Solutions at ValueOptions. The ongoing stress can lead to physical and mental health problems, a drop in job performance and more sick days away from the office.

The top five tactics used by workplace bullies are:

1. Falsely accusing someone of errors that weren’t made
2. Staring, intimidating or otherwise showing hostility
3. Discounting a person’s thoughts during a meeting
4. Using the silent treatment to isolate
5. Exhibiting unpredictable mood swings in front of a group

As with other forms of harassment, employers are responsible for taking a zero-tolerance position against bullying and just as important, educating employees on the words and actions that can get them in trouble. Prevent workplace bullying with Harassment-Free Workplace – Take Control, an engaging, easy-to-use, four-module DVD training program.

Anti-Muslim sentiment rears its ugly head in the workplace

With the recent resurgence of anti-Muslim attitudes surrounding the proposed mosque building near Ground Zero, it’s not surprising that claims of discrimination against Muslim workers are growing, too. Unfortunately, it seems that the lessons learned - and tolerance established – after the 9/11 attacks are quickly eroding.

In an msnbc.com article, “Muslims face growing bias in the workplace,” an attorney with the Equal Employment Opportunity Commission (EEOC) shares how dire the situation is:

“There is hatred, an open hatred, and a lack of tolerance for people who are Muslim,” says Mary Jo O’Neill, regional attorney for the Phoenix district office of the EEOC. “I think the mosque in Manhattan seems to be a flashpoint, but it taps into feelings that preceded it.”

And the numbers underscore that point. According to EEOC figures, claims of bias against Muslims in the workplace rose to 1,490 last year from 1,304 in 2008 (compared to 697 claims in 2004). Even more alarming, last year’s total was higher than in the year after the 9/11 event, when claims amounted to 1,463.

Bottom line: Religious discrimination is a violation of Title VII of the Civil Rights Act of 1964, which also bans workplace discrimination based on sex, national origin, race and color. More specifically, it requires employers to reasonably accommodate the sincerely held religious beliefs of an employee or prospective employee, as long as it doesn’t pose an undue hardship for the business.

Although every situation is unique, easy accommodations that shouldn’t pose an “undue hardship” for most employers include:

• Variations to your dress or grooming code (unless it poses a safety hazard) to allow for religious garb, like a hijab
• Scheduling work activities around an employee’s religious needs
• Permitting voluntary job swaps
• Reassigning an employee
• Excusing employees from workplace programs that conflict with their religious beliefs
• Allowing the use of an empty room for prayer during break times

Beyond a collaborative approach toward workplace accommodations, it’s essential that you include diversity awareness and training in your anti-harassment initiatives.

Be sure to state in all written applications, postings and other materials that your company does not discriminate on the basis of religion when it comes to hiring, promotions, benefits and other terms and conditions of employment.

Keep in mind, too, that if you ever need to defend a harassment claim (religious or otherwise), your first line of defense will be showing that your company took measures to prevent it. To reinforce your anti-harassment and discrimination position, you should train your managers and supervisors on proper conduct with their employees and the importance of not retaliating against an employee who expresses concerns.

You should also distribute an anti-harassment policy and complaint procedure that expresses your stance against unlawful harassment and your zero tolerance for threats, taunts and any other inappropriate behavior.

Lessons learned from the recent HP sexual harassment scandal

In the aftermath of sensational headlines and Hewlett-Packard CEO Mark Hurd’s sudden resignation, one thing is painfully clear: sexual harassment covers more than just employees.

In the HP case, Hurd’s sexual harassment charge came not from a subordinate or other HP employee but from an outside contractor. This highlights the extended liability companies face when it comes to sexual harassment.

Going beyond “regular” employees

Companies are responsible for protecting a variety of people in addition to employees. This can include job applicants, vendors, temp workers and, of course, contractors. As the recent HP case shows, employees’ actions related to these non-employees can result in claims of sexual harassment.

That works both ways. Employees are also extended protection from harassment by non-employees. A female bus driver brought a case against her employer because she was assaulted by one of her developmentally disabled passengers. She won, in part, because the transportation company took no action even after the driver filed reports about the passenger exposing himself.
The current reality is that harassment of or by non-employees must be treated the same as that of standard employees.

The best offense is a good defense

Like many unwanted situations, the key to handling harassment is prevention. You can accomplish that by taking a few essential steps:

Develop a sexual harassment policy
Clearly define sexual harassment and the fact that your company does not tolerate it. Decide on disciplinary action (including termination) and explain it. Be sure to set up and include a specific procedure for reporting and investigating harassment.

Train your employees (and non-employees)
Administer annual training sessions on sexual harassment. Explain what it is, how to avoid it and what to do when and if it occurs.

Train your managers and supervisors
Conduct these sessions annually for managers and supervisors, too, but separately from employee training. It’s important that they understand the procedure for handling complaints, as well as their role in properly and speedily responding to complaints.

Know the climate
Consider talking to managers and employees (informally, of course) about the tone and mood of the work environment. Ask for their thoughts and feelings – and really listen. And be certain to keep an eye open for pictures, notes, printed e-mails, etc. that may be considered offensive.

Investigate all complaints thoroughly
By taking all sexual harassment complaints seriously, you’re more likely to minimize disruption in the workplace. An immediate investigation helps you get to the heart of the matter and communicates that your company doesn’t tolerate these actions.

Wage and hour lawsuits outnumber all other class actions combined

According to a 2010 survey of more than 1,800 legal and HR professionals, one-third of respondents were hit with a wage and hour claim in the past year. At the same time, more than half of respondents shared that their organization has increased spending for wage and hour compliance.

Shanti Atkins, the President and CEO of ELT, the workplace compliance training company that conducted the survey, explains the dramatic rise in claims: “Employers are being hit from two sides. On one, there is a better funded, more fully staffed Dept. of Labor (DOL) that has made fighting wage theft one of its key priorities. On the other side are aggressive plaintiff law firms that literally salivate at these easy-to-identify and easy-to-win, lucrative class actions.”

To complicate matters further, the DOL reports that more than 80% of employers are out of compliance with federal and state wage and hour laws! The top Fair Labor Standards Act (FLSA) that get employers in trouble are:

• Misclassifying a non-exempt employee (eligible for overtime) as salaried/exempt
• Not paying overtime to non-exempt employees for all hours worked, including unauthorized overtime
• Making improper salary deductions from exempt and non-exempt employees

Go here for clear guidelines on how to comply with FLSA regulations – and practical forms and recordkeeping tools to keep you on track.

Tax perks under HIRE Act may push out another six months

If Congess approves the proposed legislation, the tax benefits for hiring unemployed workers under the HIRE Act will be extended by six months. These benefits include a 6.2% payroll tax incentive for unemployed workers hired from February 3, 2010, to January 1, 2011, and a $1,000 general business tax credit for each worker who stays with your company for at least one year.

The HIRE Now Tax Cut Extension of 2010 would allow employers hiring qualified employees from July 22, 2010, through June 30, 2011, to tap into the HIRE ACT benefits for an additional six months. The hope is that the legislation will advance the nation’s economic recovery by trimming the costs associated with hiring. Claim your payroll tax exemption under the new HIRE Act with Form W-11.

We will continue to monitor the situation, so check back here for updates.

Previous posts:

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

Hiring and firing and the latest legalities along the way

Hiring to get a boost with tax breaks for employers

The workplace after war: Are you ready to accommodate our returning troops?

Soon after declaring an end to the war in Iraq, President Obama withdrew the last of the U.S. combat troops from the Middle East last month – with a pledge to remove all troops from the area by the end of 2011. With thousands of our men and women heading home and stepping back into the work world, now is the time to prepare for the impact this may have on your business.

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is the primary federal law governing the employment and reemployment rights of uniformed service members. In general, USERRA requires both private and public employers to provide military leave for employees, and to eliminate or reduce any employment disadvantage resulting from participation. USERRA requires you to reinstate employees upon completion of service, grant seniority and applicable benefits to returning employees, and train or otherwise qualify returning employees for reemployment. Specifically, you may not discriminate in hiring, promotion, reemployment, termination or benefits because of past, current or future military obligations.

The law requires that you educate your employees about their USERRA rights. With Poster Guard® Compliance Protection, you can be certain you’re displaying mandatory USERRA information via the federal labor law poster. G.Neil also offers an easy-to-read, downloadable E-Guide that explains the USERRA regulations and your legal responsibilities.

Don't let cold and flu season sneak up on you - prepare now!

Before you know it, the balmy days of summer will give way to crisper fall temperatures. And with the change in season comes the arrival of colds and flu. Sniffling, sneezing cold season can start up as early as September, with the aches and fever of flu not far behind it in October.

By taking the proper precautions, you can keep a cold or flu outbreak from sidelining your employees. It’s not too early to:

• Encourage employees to get a flu shot. Find a local flu clinic or consider hosting an on-site flu clinic. Vaccination is the best way to prevent the flu, especially for those at higher risk, such as individuals age 65 and older, pregnant women and those with chronic illnesses.

• Educate employees about the flu and what they can do to minimize its spread. Distribute information (via handouts, emails and/or posters) on flu symptoms and how to avoid contracting or sharing germs.

• Review your sick leave policy and ensure employees understand it. Consider adopting flexible hours or allowing telecommuting for employees who need to care for themselves or a sick family member.

• Reinforce good flu-prevention hygiene with employees, such as frequent hand washing, keeping a clean work area and using tissues when sneezing or coughing. Other ways employees can minimize exposure is by limiting face-to-face time, foregoing business travel and avoiding basic greetings like shaking hands.

Keep employees informed with “flu smart” workplace posters and support frequent hand washing with hand sanitizer dispensers mounted throughout the building.

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.

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

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