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

They may never compete with the popularity of Google Maps, but the U.S. Department of Labor (DOL) is getting in on the smartphone apps game. First, the DOL launched a mobile Timesheet app in May to help employees independently track their hours. Since then, they've rolled out an OSHA Heat Safety Tool and a Labor Statistics app.

While somewhat controversial (because it relies on the accuracy of the user), the Timesheet app lets employees track the hours they've worked and determine the hours they're owed. The app also provides links to web pages of the DOL's Wage and Hour Division. Ultimately, it could make employers more accountable for maintaining accurate employment records, especially if their records are called into question in a Wage and Hour Division investigation. The DOL is quick to emphasize, however, that the app is designed as a reference tool only, and that it doesn't include every possible situation that comes up in the workplace.

The OSHA Heat Safety Tool lets you calculate the heat index for your worksite and display a risk level to workers, based on the results. At the same time, you can get reminders about the proper measures for protecting workers from heat-related illnesses -- from scheduling rest breaks to monitoring each other for signs of heat distress.

And finally, the Labor Statistics app is a great little resource for perusing the latest numbers from the Bureau of Labor Statistics and the Employment and Training Administration, including Unemployment Rate, Consumer Price Index, Average Hourly Earnings and more.

It remains to be seen how popular these apps will be among employers, but the DOL deserves credit for entering this technological arena. As Secretary of Labor Hilda Solis says,
"The Labor Department is continuously exploring how to share important information using the fastest, simplest, most wide-reaching means available ..."

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IRS gives businesses a chance to correct worker misclassification

While it's not always easy determining whether an individual is an independent contractor or employee, there's a lot at stake if you get it wrong. An employer, of course, has to withhold income and other taxes, as well as pay unemployment taxes and half of an employee’s Social Security and Medicare taxes. But you don’t have to do any of these things when you hire an independent contractor.

In recent years, however, the Internal Revenue Service (IRS) has stepped up worker classification audits to try to reduce the tax gap caused by the disconnect between what the IRS should be collecting and what it's actually collecting. And now, to help ramp up compliance even further, the IRS has announced a new program to encourage businesses who may be getting the classification wrong to voluntarily reclassify independent contractors as employees.  

The Voluntary Classification Settlement Program (VCSP) was rolled out on September 21, 2011. Eligible employers get a break from the sizable employment tax liability, penalties and interest they would have faced from reclassifying workers, whether voluntarily or due to an audit.

To qualify to participate in the VCSP, you must:

=> have consistently treated the workers as independent contractors and filed all required Forms 1099 for the previous three years

=> agree to extend the statute of limitations by three years for employment tax assessments for the first three years beginning on the date the VCSP closing agreement is signed

=> not currently be under audit by the IRS, the Department of Labor or any state agency regarding worker classification 
 

Keep in mind, too, that you must apply for the VCSP at least 60 days before the date you plan to reclassify the workers.

For additional insight on the Voluntary Classification Settlement Program, check out the FAQs on the IRS website.
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Rudeness on the rise! How to banish bad attitudes in the workplace

Today's post was plucked from G.Neil's oh-so-plentiful HR Library. It's a terrific resource for the most up-to-date and useful HR news and insights from the experts at G.Neil.

Stressed out is one thing. Downright nasty is another.

Though some employees are able to keep a cool head when tensions mount, others are cracking under the pressure and taking it out on their coworkers. As a result, “workplace incivility” is on the rise, according to researchers at a recent American Psychological Association conference. And what, exactly, is “workplace incivility”? Basically, it’s disrespectful behavior in the form of rudeness, insults and generally crummy manners.

With researchers suggesting that 75 to 80 percent of workers have experienced ugly behavior while on the job, clearly workplace incivility is more than a few, isolated incidents. What about your workplace? If your employees’ stress levels are through the roof, chances are it’s showing in their actions and attitudes. Here’s what you can do to reduce some of that tension, while also encouraging more respectful, responsible behavior:

Confront the irritable individuals. In some cases, the problem may be specific to one or two “Sour Sallies” or “Cranky Carls.” Like with any other behavioral or performance issue, it’s up to the manager or supervisor to point out the problem and set expectations for change. If the employee is normally pleasant and productive, take a more sympathetic stance and try to get to the bottom of the matter. What can’t be tolerated, however, is if the employee is mistreating others to the point of harassment. This type of conduct needs to be addressed swiftly and thoroughly.

Allow telecommuting and other flexible options. Loosening the reins on a rigid work structure can make a big dent in employee attitudes. Consider letting employees telecommute, work a compressed workweek or leave early one day a week (if they’re meeting their obligations otherwise). Not only will most employees appreciate having to spend less money in gas every week, but they’ll also feel more productive and less burned out.

Extend more “thank yous” and compliments. When raises and other perks aren’t possible due to tough economic times, it is imperative that leaders and managers ramp up their recognition efforts. Heartfelt words of praise and encouragement have a way of immediately lifting spirits. Look for ways to call out a job well done, whether it’s submitting an error-free report, staying on task with a high-profile project or working well with others on a team initiative.  And remember: Though it’s great to recognize the “big wins,” it’s also important to call attention to the smaller, everyday achievements. Tune into the “quieter” contributions that still make a difference in the business.

Roll out an employee wellness program.It’s widely recognized that regular exercise improves health and reduces stress. Even better, healthier employees make fewer trips to the doctor, reducing medical costs and insurance rates. Some idea to get employees moving: Organize a weekly walking program, offer mid-day yoga or meditation in a large meeting room, or arrange a deal with a local gym for discounted employee memberships.

Foster a more positive work environment. Is your corporate culture tired and draining, or vibrant and energizing? It starts with your leaders and managers and trickles down from there. What messages are they sending regarding the business and the role employees play in the company’s ongoing success? Especially during trying times, employees need to be kept informed and to know that “we’re all in this together.”

For other ways to boost corporate culture, display inspirational and motivational posters throughout the building, introduce team-building or motivational games as a part of staff meetings, and provide occasional social events on company time to strengthen camaraderie among employees and management.
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Compliance update: Deadline extended for new mandatory NLRA posting

The National Labor Relations Board (NLRB) just announced that the posting deadline for the new NLRA poster has been extended -- from November 14, 2011, to January 31, 2012. The Board stated this extension was necessary for additional education and outreach for employers, particularly small- and medium-sized businesses.

The postponement will not affect the final rule that led to the NLRA posting, or change the actual content of the poster. 

Check back here for continued updates on this mandatory labor law posting. 





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

On August 25, 2011, the National Labor Relations Board (NLRB) issued a final rule requiring most private-sector employers to notify employees of their rights under the National Labor Relations Act (NLRA). Under the final rule, employers must display the new federal posting by November 14, 2011, to remain in compliance. Failure to post the notice will be considered an unfair labor practice.

In addition to providing examples of unlawful employer and union conduct and informing employees how to contact the NLRB with questions or complaints, the notice states that employees have the right to:

   => organize, form, join or assist a union
   => bargain collectively to improve wages and working conditions
   => discuss terms and conditions of employment with fellow employees
   => take action with those fellow employees to improve working conditions
   => strike and picket

It does not matter if your business is non-unionized, as the new posting requirement applies to union and non-union workplaces alike. The only exceptions to the requirement at this time are agricultural, railroad or airline employers -- or the U.S. Postal Service. Additionally, some very small employers and retailers may be exempt.

If you are already a Poster Guard® Compliance Protection member, you are guaranteed complete compliance with mandatory federal and state labor law postings through timely updates whenever a posting requirement changes.This means you will automatically receive the NLRA posting when it's finalized.

If you're not a Poster Guard® Compliance Protection member, sign up today to ensure compliance -- with the new mandatory NLRA posting and any future posting changes.
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What it takes to be a workplace that empowers women

For all the professional gains women have made over the years, gender-based wage discrimination persists. This was a key finding in a public forum held by the U.S. Equal Employment Opportunity Commission (EEOC) in late April. The forum, which was attended by government and private-sector experts, was just one of 24 events the federal agency sponsored this past spring to bring attention to the problem of wage discrimination.

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

Clearly, we can do better.

Employers can make equal rights for women a bigger priority (and demonstrate their support) by:

Extending equal pay for equal work – The wage gap was 23% in 2009, meaning the average American women was paid 77 cents for every dollar made by a man. How do the female employees in your company fare? More important, do you have a method for determining the fair market rate for any given job? Your company – and the women in it – may benefit from a fresh approach that updates job descriptions, assesses skill and responsibilities for each job, and ensures consistent application of rates and salaries.

Evaluating employee training, development and promotion opportunities – How are employees selected to participate in training programs or lead special projects and task forces? How many women, versus men, are in management positions due to your company’s investment in their growth and development? It’s important that the women in your company are targeted for career-building opportunities as frequently as the men. High-quality training enables your staff, particularly those who are taking on new or expanded roles, to be more versatile and increase their contributions to the company.

Preventing workplace harassment and discrimination – Of course you have a company policy that prohibits harassment based on sex, race, color, religion, national origin, age, disability and/or any other legally protected status. But what are you doing to reinforce it and cultivate a positive, respectful corporate culture? You should give every employee and manager a copy of your company’s anti-harassment policy at the time of hire and at least once a year thereafter. You should also conduct periodic training to build awareness and strengthen your position against all forms of harassment and discrimination. Don’t assume managers and employees “know better,” especially when it comes to the finer points of proper workplace conduct.

Offering flexible options for a greater work/life balance – Employees are more stressed than ever, juggling increasingly heavier workloads and the demands of home. And since women are the traditional caregivers of children and aging parents, they tend to feel this push/pull more acutely. The good news is that workplace flexibility benefits both employees and employers by improving retention, boosting productivity and reducing burnout. Whether letting employees telecommute, work part time or leave early one day a week, be open to flexible arrangements that give employees more of what they want most: time.
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Paid sick leave gets a healthy boost in Seattle

Seattle, a city famous for its coffee, alternative music scene and three seasons of rain just added another distinction to its list. This week, the Seattle City Council approved a bill requiring businesses with at least five employees to provide paid sick leave, starting in September 2012.

This makes Seattle the third city in the U.S. (after San Francisco and Washington, D.C.) to mandate paid sick days for employees to care for themselves or a family member when ill. The amount of paid sick days depends on the size of the business, as follows:

  • 5-49 employees: at least five days
  • 50-249 employees: at least seven days
  • 250+ employees: at least nine days

Businesses with fewer than five employees are exempt, as well as businesses less than two years old. Otherwise, workers can start using their accrued paid time off after a six-month waiting period.

As you would expect, some people are giving the bill a thumbs up while others are less than enthusiastic.Councilmember Nick Licata, who sponsored the legislation, feels the bill is a positive, both for businesses and employees:

"It's wrong that someone has to choose between going to work sick or losing pay," Licata says. Seattle Times

Supporters add that paid sick days protect public health, help increase worker productivity and reduce turnover.

The dissenters, however, are concerned that the new paid sick leave requirements will put a strain on businesses already struggling with a weakened economy. One business consultant cautioned, "You're making it more expensive to do business and more difficult to create jobs."

Where does your business stand regarding paid sick leave? Check out this previous post for additional insight.
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DOL changes up its online enforcement database for easier, more open access

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

The U.S. Department of Labor (DOL) recently unveiled enhancements to its online enforcement database … all designed to improve public access and increase awareness of the department's enforcement activities.

Among the new features are a U.S. map with markers summarizing OSHA inspection and violation data for specific companies, as well as the ability to view individual inspection records and a company's enforcement history. The updated site also allows users to perform keyword searches; filter data by year, violations or penalties; and export search results into downloadable formats.

"These improvements to our online enforcement database are part of our commitment to open, transparent enforcement," said Secretary of Labor Hilda L. Solis. "By making this information available and easy to use, we're helping to ensure a level playing field for employers who follow the law."

See for yourself! Visit the updated site here .
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Time-management tips for working smarter, not harder

As a hard-working professional, you’re so busy you probably don’t even have time to read this post. But here’s why you should:

With some tweaks to your time-management tactics, you can stop feeling overworked and overwhelmed and start gaining some much-needed control in the office.

Let’s take a few minutes (just a few!) to explore some valuable tips and tricks:

Did you know … 43% of Americans consider themselves disorganized, and 21% have missed vital work deadlines? Nearly half say disorganization forces them to work late at least two times a week.

What you can do:

  • Write everything down. Don’t keep your to-do list bottled up inside. Write everything down and post your list in a highly visible place on your desk.

  • Prioritize your tasks. Put your to-do list in order, with the most important tasks at the top of the list. Knowing your priorities will help you focus more on what matters and less on what could wait until later.

  • Group like tasks together. It’s easier and faster to do similar jobs while you’re in that particular mental mode. Read and answer email in batches; make several phone calls at one sitting; allocate part of the day for writing and editing reports.

  • Just do it. If something on your to-do list can be completed within two minutes, do it right then and there. Completing the easiest tasks first will quickly eliminate tasks from your list and make you feel like there’s less on your plate.

  • Find your best time to work. Everyone has a part of the day where they get the most done in the least amount of time. Work on the most important tasks during the time of the day when you are most productive. You’ll produce better work, faster.

  • Take a break. Give yourself a break from time to time. When you start feeling stressed or tired, get up and take a walk. Whether it’s to the break room or around the building, a quick walk will help clear your mind and improve your personal productivity back at your desk. 

Did you know … On a typical day, office workers are interrupted about seven times an hour (or 56 interruptions day), 80% of which are considered trivial?

What you can do:

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

  • Build in some “buffer time.” Inserting a few minutes of buffer time between scheduled meetings and tasks helps you deal with emergencies and interruptions without falling too far behind.

  • Anticipate and avoid time-wasting encounters. This means, for example, holding stand-up meetings that discourage people from hanging out afterward; meeting with colleagues in their work area, which makes it easier to depart; setting up a prearranged signal to have an assistant interrupt a long-winded visitor or telephone caller; and using a vacant office or other space to do important work without being interrupted.

  • Manage the email onslaught. Consider turning off the email notification feature, check email only when you’re ready (and at set times of the day) and manage client and coworker expectations regarding your response (a 24-hour turnaround time is acceptable in most cases.) In more demanding situations, simply let the emailer know you got the message and are working on an answer/response.

  • Be aware. Do your best to focus on one task at a time and to fully engage in the activity. The more “centered” and less distracted you are, the more you will be able to accomplish.

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

As anticipated, the National Labor Relations Board (NLRB) issued a final rule requiring most private-sector employees to notify employees of their rights under the National Labor Relations Act (NLRA) by posting a notice. Effective November 14, 2011, the new NLRA posting requirement is mandatory!

Although the NLRB has not published the poster yet, it expects it to be available anytime on or before November 1. If you are already a Poster Guard® Compliance Protection member, you are guaranteed complete compliance with mandatory federal and state labor law postings through timely updates whenever a posting requirement changes. This means you will automatically receive the NLRA posting when it's released.

If you're not a Poster Guard® Compliance Protection member, sign up today to ensure compliance -- with the new mandatory NLRA posting and any future posting changes.

Remember: This new posting requirements applies to nearly all private-sector employers covered by the NLRA. Only agricultural, railroad, airline employers and the U.S. Postal Service are exempt at this time.
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Filing deadline for VETS-100/100A reports extended; pending bill would require online posting

Due to technical issues, qualifying employers now have until November 30, 2011, to file VETS-100/100A reports. Normally, the reporting cycle begins on August 1 and ends September 30 but because of technical problems, this timeframe has been extended. The Department of Labor’s Veterans’ Employment and Training Service (VETS) is working through the glitches and expects the electronic filing system to go online October 1.

Under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), federal contractors and subcontractors must complete these reports to capture the number of covered veterans in their workforces, as well as the number of covered veterans hired in the previous 12-month period. Compliance is as follows:

• Contractors with federal contracts of at least $100,000 entered into on or after December 1, 2003 -- VETS-100A report
• Contractors with federal contracts of at least $100,000 that were modified on or after December 1, 2003 -- VETS-100A report
• Contractors with federal contracts of at least $25,000 entered into before December 1, 2003 -- VETS-100 report


In related news, the House has passed a bill that would required the Secretary of Labor to develop a website  for publicly posting information submitted by federal contractors in the VETS -100/100A forms. The Veterans Employment Promotion Act would amend a portion of VEVRAA, a move legislators feels is necessary for better enforcement and oversight of contractor compliance with veterans’ employment laws.

Easily meet VETS reporting requirements with the Affirmative Action Voluntary Information Form.

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Essential steps to stay up and running in a disaster

Mother Nature seems to have a nasty temper. Almost daily, we turn on the national news and witness tornadoes, floods, earthquakes, severe storms and other disasters wreaking havoc on homes, businesses and communities. (Just this week, the East Coast was rattled by a 5.8-magnitude earthquake and is now keeping a close eye on a potential Category 3 Hurricane Irene.) And while it’s disheartening to watch, the harsh reality is this: Disaster -- whether natural or manmade -- can strike any time, and almost anywhere.

For employers dealing with these types of threats, the difference between lengthy down time and a quick recovery lies with proper planning. To ensure you’re never caught off guard in a crisis, you need an emergency preparedness and response plan that includes:

• Emergency contact list. Keep an updated list of employee phone numbers (cell phones and landlines) and 24-hour emergency contact numbers in a secure, easily accessible location. Distribute the emergency contact list, in advance, to all employees via email or as a printed document.

• Employee communication procedures. How will management deliver information and instructions to employees after a catastrophic event? It’s a good idea to pre-record emergency messages on toll-free hotlines. And don’t forget email - accessible via laptops and smartphones -- as a way to connect with employees and customers post-disaster. (Subscribe to a resilient, high-speed Internet service, such as satellite broadband, to maintain communications should your terrestrial network fail.)

• A list of critical tasks. Identify critical business operations (what keeps your company producing, selling, taking orders or providing services) and discuss those functions with affected supervisors and employees. At the same time, consider limited or restricted work schedules, telecommuting arrangements and company transportation services for employees.

• An alternate meeting place. Designate an offsite location for top management and essential staff to gather in case your building is damaged or inaccessible due to roadblocks. Depending on the size of your business and your resources, this location can serve as an emergency command center and help minimize down time in a disaster.

• Customer communication strategy. Obviously, you need to keep in touch with customers, buyers and distributors. Again, a resilient, high-speed Internet service can be vital for delivering business updates and maintaining customer relations when other communications are crippled. During quieter times, you might want to draft a few sample emails explaining what customers can expect and apologizing for any inconvenience. Having this correspondence ready to go at a moment’s notice can be a huge help.

• Data recovery plans. Weather disasters can easily wipe out hard drives and destroy databases. Keep essential backup data at an offsite location safe from flooding and know how to retrieve that information if disaster strikes.

• Employee health and safety measures. Keeping your staff out of harm’s way is a top priority in any disaster. Review your emergency evacuation and response procedures, stock up on the appropriate first aid supplies and, if you experienced damage and are resuming “normal” operations, assess the safety of all work areas before allowing employees to return.


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The top 5 reasons to let employees telecommute

“Having choices today can attract better employees. Those who can’t be onsite can still contribute."

“Commuting wastes time, energy and gas. Telecommuting reduces office space needed. Workers are less stressed and can manage time better.”

“It allows for a much better work/life balance. It’s also been proven that telecommuters are more productive.”

“A good employee is a good employee - no matter the location.”

These are just a few of the comments received in an online survey on msnbc.com that asked, “Is telecommuting a good thing?” More than 1,700 people voted, with 57.9% selecting the response, “Yes, it gives employees and employers flexibility.”

So if you’re one of those employers that is reluctant to take the plunge and give telecommuting a try, don’t be! These days, more and more jobs that don’t involve direct personal contact can be performed remotely, including positions in marketing, sales, software development, creative and clerical. What’s more, there’s plenty to gain from the arrangement – for both your business and your employees.

1) 
Telecommuting prevents interruptions in workflow. A dead car battery … a sick kid who needs bed rest … an appointment for cable hook-up – for all the reasons an employee has to come in late or miss work altogether, he or she could log in to his desktop at home and still get work done. Deadlines don’t have to be compromised just because an employee is home-bound.

2) 
Telecommuting reduces stress and boosts productivity. It’s no surprise that the workplace can be a stressful place. Frazzled, stressed-out employees are not effective – they’re present, but they’re not productive. In a more relaxed, home environment, they can focus on the task at hand without the frayed nerves.

3) 
Telecommuting trims your overhead costs and doesn’t require expensive equipment. In most cases, a telecommuting employee only needs a computer, internet access and a phone. They probably already have these items available at home, which means no additional costs for your business to get them up and running. And if your company is growing, it can do so without the need for additional workstations or office space.

4) 
Telecommuting supports a healthy life/work balance. Most employees long to spend more quality time with their families. Just by eliminating the bumper-to-bumper commute and other time-drainers in the workplace, employees can complete their work PLUS enjoy more time with their children, spouses or partners. This morale-booster alone can help you retain qualified employees who might otherwise look for work elsewhere.

5) 
Telecommuting is “green” and good for the globe. During this time of increased environmental awareness and rising oil prices, telecommuting makes more sense. Fewer people driving to and from work means fewer cars on the roads guzzling gasoline and polluting the environment.

Practical pointers to keep in mind

Obviously, telecommuting isn’t appropriate for every employee or situation. For remote arrangements to work, employees need to be disciplined, organized and self-motivated. With no one watching their every move, they may be tempted to slack off or abuse the privilege.

Encourage your telecommuters to touch base with a manager or direct report regularly (by phone or email), and feel free to restrict telecommuting with local employees to a couple of days a week.

Finally, you need a system for tracking the hours an employee spends working remotely. This is especially important with non-exempt, hourly workers, who are required to take meal and rest breaks and provide you with a record of all time worked. Bottom line: Wage and hour rules still apply, even if an employee is working from home.
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SHRM encourages lawmakers to update FLSA to meet changing needs

The Society for Human Resource Management (SHRM) recently came before the U.S. House Subcommittee on Workforce Protections with an urgent message: Update the 73-year-old Fair Labor Standards Act (FLSA) to satisfy the demands of today’s workplaces.

According to Nobumichi Hara, an HR executive and SHRM member who testified at the Congressional hearing, “The FLSA reflects the realities of the industrial workplace in the 1930s and not the workplace of the 21st century.”

As senior vice president of human capital for Goodwill of Central Arizona in Phoenix, Hara drew on his own experience to illustrate some of the FLSA limitations he’s encountered with Goodwill employees. Specifically, he expressed concern that the FLSA doesn’t permit employers to provide flexible workplace benefits, such as flextime, telecommuting and compressed workweeks, to millions of nonexempt (or hourly) workers.

In his closing remarks, Hara shared the sentiment of many who testified – that reform of the FLSA would encourage employers to better meet the needs of their employees.
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It's hotter than blazes! How to protect workers when temperatures soar

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

For much of the country this summer, daily highs in the 80s, 90s -- and even 100s -- are the norm. Record heat is gripping the nation, leaving outdoor workers vulnerable to heat-related illnesses like heat exhaustion and heat stroke. Secretary of Labor Hilda L. Solis, along with other experts, urges all employers to take the proper precautions to protect workers from intense heat.

Some of the recommendations:

=> Devise a work site plan that outlines prevention measures and ensures that medical services are available to respond to a potential emergency
=> Provide ample amounts of water at work sites and remind workers to drink small amounts frequently (every 15 minutes)
=>Schedule rest breaks throughout work shifts and provide shaded or air-conditioned rest areas near work sites
=>Allow new workers to get used to the extreme heat, gradually increasing the work load over a week's time
=>As much as possible, schedule strenuous tasks earlier in the day

Remember: The three keys to preventing heat-related illnesses are 1) WATER, 2) REST, 3) SHADE.
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8 essential tips when hiring temps

For many small businesses, hiring temps is the perfect solution during seasonal upswings or when extra help is needed because someone is out on maternity or disability leave. Or perhaps you’re looking to fill a recently vacated position but want to “test the waters” first: A temporary worker can be offered a full-time position if you’re happy with his or her performance after a certain period of time.

While there are many advantages to hiring temps, there are precautions to consider, as well. Keep the following in mind when hiring temporary workers:

1) Temporary employment involves a set period of time, such as days, weeks, months, the duration of a special project or the length of time a permanent employee is out. Generally speaking, an employee is either full-time or part-time, regardless of temporary status. This matters because certain federal and state employment laws apply to employers based on the number of employees -- and may or may not count temps in the total.

2) When you work with a staffing agency, the agency is responsible for recruiting, screening, testing and hiring workers; handling timekeeping, payroll and related taxes; and providing unemployment and workers’ compensation insurance. If you decide to use an outside agency, you’ll typically pay a fee that includes the candidate’s hourly rate and the agency’s markup to cover the above services.

3) Even if the agency oversees the above services, you are considered the temp’s co-employer. As such, you need to be mindful of workplace issues like safety, preventing discrimination and harassment, and wage and hour compliance under the Fair Labor Standards Act (FLSA).

4) If you hire the temp directly, you will need the individual to fill out an I-9 form and provide the appropriate documentation verifying his or her eligibility to work in the United States. The temp also must fill out a W4 so you can process the correct withholdings for payroll.

5) At the very beginning of the temp relationship, specify the pay rate, pay period, pay day, eligibility for benefits (if any) and length of employment. Remember that if a temporary, non-exempt employee works more than 40 hours in a workweek, he or she is entitled to overtime pay for those hours.

6) You are not required to provide paid time off (vacation, sick or personal days) to temporary employees. You don’t have to extend health insurance either. Many employers consider this a significant cost savings -- and benefit -- to hiring temps.

7) Whether you’re working with an agency or hiring a temp on your own, it’s important to explain the job, the skills needed and your basic expectations. Take the time upfront to work through these details to ensure a good fit and avoid problems down the road.

8) This should go without question, but always treat your temp workers with the same respect and care you do your permanent staff. Tammy is not “just a temp,” but an important part of your workforce, if even for a short amount of time.
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Discrimination against job seekers a persistent, national problem

As if the nationwide hiring slump and struggling economy weren't challenging enough, job seekers often encounter debilitating discrimination based on their race, sex, age, national origin or other protected characteristic. This was the conclusion - and source of discussion - by a group of experts in an Equal Employment Opportunity Commission (EEOC) meeting.

EEOC General Counsel P. David Lopez opened the meeting by singling out a hiring case involving Wal-Mart rejecting two deaf applicants. As part of the negotiated settlement (for which Lopez was an EEOC trial attorney), the mega retailer aired a commercial on Arizona television featuring the two individuals telling their story and informing the public about the nation's equal employment laws.

"Unfortunately, discriminatory hiring practices … continue to exist," Lopez advised.

Bill Lann Lee, a former U.S. assistant attorney general for Civil Rights, implored the EEOC to combat hiring discrimination. "Systemic discrimination in hiring today is particularly disheartening to communities where joblessness has put the American Dream on hold," he said.

Lee continues: "Hiring discrimination is a fundamental problem; it often denies more than one employment opportunity, cutting off future opportunities as well."

Among the other participants, Marc Bendick, an employment discrimination researcher for Bendick & Egan Economic Consultants, Inc., shared that unfair hiring practices are especially problematic in the following industries: advertising, construction, firefighting, restaurant, retail, employment placement, financial services, television and film production, and high technology.

Finally, Rae T. Vann, general counsel of the Equal Employment Advisory Council - an organization of major employers - underscored the need to train and monitor staff involved in the hiring process.
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OSHA moves to update recordkeeping and reporting requirements for low-risk industries

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

A recent proposal by the Occupational Safety and Health Administration (OSHA) would exclude certain low-risk industries from injury and illness recordkeeping and reporting requirements. In consideration of the proposal, OSHA is seeking input on questions such as:

=> Which industry sectors, if any, should be ineligible for partial exemption?
=> Should OSHA consider numbers of workers injured or made ill in each industry in addition to industry injury/illness rates in determining eligibility for partial exemption?
=> Should OSHA regularly update the list of lower-hazard exempted industries? If so, how frequently should the list be updated?


In addition to considering a list of "lower-hazard" industries eligible for partial exemption, OSHA is proposing that employers report all work-related fatalities and in-patient hospitalizations within eight hours (and amputations within 24 hours). Currently, employers only have to report these incidents if they involve three or more employees. 

OSHA is accepting comments and feedback on the proposed changes through September 20, 2011.

The ComplyRight™ OSHA Recordkeeping System not only takes the guesswork out of the latest regulations, but it also makes it easy to complete the mandatory OSHA forms and post OSHA safety information - in full compliance with the law.
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OSHA to focus on forklift hazards in four states

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

Under a new regional inspection program, the Occupational Safety and Health Administration (OSHA) hopes to reduce fatalities and serious injuries caused by forklifts and powered industrial trucks. The program will focus primarily on employer compliance in warehouses and service companies in the states of Alabama, Georgia, Florida and Mississippi. (If a company is the subject of a complaint inspection or site-specific targeting inspection, however, it will be checked for forklift violations, too).

Inspections will cover:

•    Operator training – Employees should be trained for the specific vehicle they’re operating (and each vehicle they operate), and re-evaluated every three years, per OSHA standards. OSHA investigators will observe actual forklift operations and interview employees to determine compliance with operating, traveling and loading requirements.

•    Maintenance and repair – Forklifts and powered industrial trucks should have the appropriate load plates and fully operational safety equipment. Investigators will review the shift pre-operation inspection checklist, as well as the company’s procedures for correcting equipment defects and problems.

•    Clear pathways – Just as important as proper training and the condition of the vehicles themselves are the pathways the forklifts travel. Investigators will look for clearly visible pathways, which are necessary to reduce “struck by” hazards.

Check out our Forklift Training Compliance Bundle for all the tools you need to ensure compliance – a 2-disc forklift safety training program, a forklift safety poster, a forklift operator’s daily checklist and a forklift operator evaluation form.
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Latest move from NLRB would clear the path for unionization

First, the National Labor Relations Board (NLRB) proposed a mandatory workplace posting informing employees of their rights to unionize (which we're closely monitoring). Now, the agency would like to make it even easier for employees to unionize, thanks to a proposal that would change some of the organization rules.

In a nutshell, the NLRB's "Notice of Proposed Rulemaking" would give employers and management less time to build a case against organizing, require employers to make employee information (like personal phone numbers and email addresses) available to union officials, and delay the resolution of disputes over which employees can vote in the secret ballot elections.

A press release by the NLRB explains that, "The proposed amendments are intended to reduce unnecessary litigation, streamline pre- and post-election procedures, and facilitate the use of electronic communications and document filing."

What would happen if your employees formed a union? More important, do you have the knowledge you need to help keep unions out of your workplace?

With greater awareness and appropriate action, you can strengthen your anti-unionization position without undermining the rights of your employees. The following strategies can help reinforce your position as a fair employer and eliminate the common causes for employee unionization:

Tip #1: Encourage open communication
Open and clear lines of communication between management and employees are vital. To support an open-door communication policy, you should use meetings, workshops and suggestion boxes to learn about employees’ needs; make appropriate business information available to employees; develop a grievance process to address problems promptly; and communicate your open-door policy via emails, distributed materials and workplace postings.

Tip #2: Conduct an employee attitude survey
Not all employees will be forthright in sharing their frustrations with management. Conducting an employee attitude survey is an ideal way to capture employee opinions in a safe and non-threatening manner. Break the survey into sections (such as “working conditions” and “company culture”), set up the survey in a format you can easily administer, compile the results quickly and discuss the results among company management.

Tip #3: Train and support your supervisory personnel
Qualified, well-trained supervisors and managers go a long way toward keeping a company union-free. Invest in their success by meeting regularly to discuss any issues that may be brewing, as well as conducting periodic training workshops that address the latest trends in union organizing and the dos and don’ts of unionizing efforts.

Tip #4: Review company policy regarding solicitation, distribution and access
You may prohibit employee solicitation and distribution of pro-union literature during working time and in work areas. In most cases, you can also prohibit non-employee union representatives from conducting business on company property. The key to avoiding any legal complications regarding these rules is to put them in writing via company policy – and prior to the onset of a union organizing campaign.

Tip #5: Offer competitive wages and benefits
Non-competitive wages and meager benefits are some of the biggest sources of employee discontent and in turn, contributors to union-organizing activity. After considering your industry and geographic location, you should conduct periodic wage and benefit surveys to make sure you’re in line with recognized standards. Consider cost-of-living adjustments, medical care benefits, paid time off, and profit-sharing and employee stock options.

Tip #6: Resolve employee disputes promptly
In addition to giving employees multiple channels for voicing their frustrations, you need to develop clear-cut procedures for resolving their concerns. This may involve a peer review group that meets on a regular basis, appointing an intermediary to investigate more serious complaints and conducting regular training on conflict management principles.
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