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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Here's the latest on the state front:

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

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

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

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

Why accommodating nursing mothers is the right thing to do

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

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

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

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

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

Why accommodating nursing mothers is the right thing to do

Women continue to earn less than men - but why?

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

For all the professional gains women have made over the years, gender-based wage discrimination persists. This was a key finding in a public forum held by the U.S. Equal Employment Opportunity Commission (EEOC) in late April.  The forum, which was attended by government and private-sector experts, was just one of 24 events the federal agency is sponsoring nationwide in April and May to bring attention to the problem of wage discrimination. The EEOC is a primary member of the National Equal Pay Enforcement Task Force, created by President Obama to “improve compliance, public education, and enforcement of equal pay laws.”

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

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

Women continue to earn less than men - but why?

How to prevent unions from gaining a foothold in your workplace

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

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

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

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

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

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

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

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

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

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

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

How to prevent unions from gaining a foothold in your workplace

Employee or independent contractor? Proposed bill to target misclassification

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

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

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

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

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

In a press release, Ohio Senator Sherrod Brown stated,

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

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

Employee or independent contractor? Proposed bill to target misclassification

Taking care of employees who are caregivers

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

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

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

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

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

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

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

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

Taking care of employees who are caregivers

Are your employees a good investment?

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

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

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

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

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

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

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

Are your employees a good investment?

Top 3 employment law trends to keep on your radar

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

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

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

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

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

Top 3 employment law trends to keep on your radar

At long last, the final ADAAA regulations are here

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

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

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

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

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

At long last, the final ADAAA regulations are here

New E-Verify tool helps job seekers verify employment eligibility

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

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

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

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

New E-Verify tool helps job seekers verify employment eligibility

How to fight back against FMLA abuse

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

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

Stand up to FMLA violations ...

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

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

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

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

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

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

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

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

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

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

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

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

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

How to fight back against FMLA abuse

Passing over the unemployed would be unlawful under new bill

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

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

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

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

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

Check back here for updates on the proposed bill.

Passing over the unemployed would be unlawful under new bill

One in three employees is ready to walk

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

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

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

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

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

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

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

Second, reward them with cost-free pats on the back. Let them take some time (during work hours, and of course, paid) to learn a new software, take a personal interest class at a local college or community center, or volunteer for a favorite charity. For the parents, make school assemblies, musical productions and end-of-the-year award ceremonies something they can attend without using their leave time. Boost their paid vacation time by one day, or declare their birthdays (or the next working day after it) a paid holiday for each employee.
   
Next, work on what they're called. Give them a title that honors all that they do, even if the pay isn't there just yet. Of course you have to make sure the titles don't get your business into trouble with FLSA rules, but even within those guidelines, there is plenty of room for more impressive (and morale boosting) job labeling.

One in three employees is ready to walk

NLRB expected to be extremely active in coming year

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

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

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

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

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

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

NLRB expected to be extremely active in coming year

HIPAA violations pack a hefty punch for Maryland-based clinics

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

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

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

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

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

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

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

HIPAA violations pack a hefty punch for Maryland-based clinics

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Learn more about OSHA safety standards and recordkeeping guidelines here.

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