HR Forum

Agencies step up outdoor workplace inspections in rising temperatures

For outdoor workers, high temperatures can pose life-threatening risks. In the past weeks, extreme heat in California has prompted officials to increase state-wide heat illness prevention inspections.

Cal/OSHA investigators have named Fresno, Stanislaus, San Joaquin, Napa, Sonoma, Yolo and Santa Clara as the first targeted counties. Officials then plan to increase outdoor workplace investigations in Kings, Tulare and Kern counties.

“California is the first state in the nation to have regulations to protect outdoor workers from exposure to heat. We have done an extraordinary job in raising awareness of what heat illness is and in ensuring that outdoor employers are trained to detect and respond to heat illness,” said John Duncan, Director of the Department of Industrial Relations.

This year Cal/OSHA has conducted almost 1,300 heat illness inspections across all outdoor industries, surpassing the 1,018 total number of inspections last year. Officials have issued almost 350 citations for heat illness prevention and expect more.

OSHA requires all employers to provide a safe environment for employees. Unsafe workplaces put employees in danger and employers at risk of hefty OSHA fines for workplace safety violations.

To protect workers from the dangers of extreme temperatures, employers should:

Develop a written employee safety policy and outline procedures if workers fall victim to heat-related illness. Enforce policies to ensure the safety of every worker.

Implement employee safety training. Train supervisors and workers on how to prevent heat illness, how to recognize heat illness symptoms and what to do if they or a coworker exhibits symptoms of heat-related illness.

Post safety posters reminding employees of the dangers of extreme temperatures. Workplace safety posters and notifications promote awareness of heat-related dangers and help employers comply with mandatory Cal/OSHA standards.

Provide workers with ample amounts of water and shaded areas for rest when working outdoors. Encourage workers to stay hydrated and take frequent, short breaks to stay safe in the heat.

Employers can find more information at the Cal/OSHA website, OSHA website or at your local OSHA office. For extreme heat exposure kits and more employee safety training solutions, visit GNeil.com.

Online tool helps employers reintegrate veterans

The U.S. Department of Labor recently announced the launch of a new online resource to help employers accommodate veterans with traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD) in the workplace.
 
The new America’s Heroes at Work website provides employers with information about TBI and PTSD, along with tools and advice on how to reintegrate afflicted veterans, particularly service members returning from Iraq and Afghanistan.

“This America's Heroes at Work initiative focuses on the employment challenges of returning service members who are living with traumatic brain injury and post-traumatic stress disorder,” said Secretary of Labor Elaine L. Chao.

“One of the best ways we can help these courageous men and women and honor their sacrifice is to help them return to full, productive lives through work. Employment can also play a role in their recovery.”

Though their injuries may not be visible, veterans with TBI or PTSD face challenging obstacles when returning to the workplace. Through America’s Heroes at Work, employers can find resources including job coaching and mentoring programs to create a positive, successful work environment for employees who have experienced traumatic events.

"Employment plays absolutely a major role in the rehabilitation of our servicemembers, regardless of the kind of injuries that they may have," said Charles S. Ciccolella, the Labor Department's assistant secretary for Veterans' Employment and Training Service.

Visit America’s Heroes at Work.

‘Encouraged’ nudity grounds for harassment?

On August 27th, employees at Lush stores across the country and overseas were "encouraged" to come to work nude to protest the overpackaging of so many consumer goods.

From a Lush press release -

New York, NY – Wearing nothing but aprons reading “ASK ME WHY I’M NAKED”, employees of LUSH Fresh Handmade Cosmetics will lead a cheeky protest urging shoppers to go ‘naked’ by purchasing products free of packaging. The brave shop workers will educate passers-by on the devastating environmental impact of packaged goods sold in cosmetic shops, supermarkets, and other retailers.

Could encouraging your employees to come to work in the nude be considered harassment? It depends.

One attorney I spoke to asked if it were a quid pro quo situation ... (in other words, were their jobs connected to participation in the nude workday?)

At this point, I have no way of knowing if their job was directly dependent upon participation. But there are more subtle forms of quid pro quo harassment than an outright demand which could push someone into participating because of perceived risks of refusing. Peer pressure or culture of compliance on the job are also powerful tools for "forcing" someone to go along.

The event could also be considered a subtle form of sexual harassment, if it created a sexually charged or hostile environment. Characteristics would of this would include:

unfulfilled threats to impose a sexual quid pro quo;
discussing sexual activities;
telling off-color jokes;
unnecessary touching;
commenting on physical attributes;
displaying sexually suggestive pictures;
using demeaning or inappropriate terms, such as "Babe";
using indecent gestures;
granting job favors to those who participate in consensual sexual activity;
using crude and offensive language.

Would encouraging nakedness at work fall into a sexual activity category? It would seem that it could be so. If displaying sexually suggestive pictures is harassment, wouldn't nudity in the workplace be even a step beyond that?

What are your thoughts on it?

Workplace deaths down, OSHA proposes new PPE rule

On-the-job deaths in 2007 dropped to a historic low, evidence that worker safety and health programs are working, according to the Bureau of Labor Statistics.

Last year there were 5,488 worker deaths, the lowest number the Bureau of Labor statistics has seen since they began tracking the statistic in 1992.

"This is continued evidence that the initiatives and programs to protect workers' safety and health, designed by and implemented in this administration, are indeed working," Labor Secretary Elaine Chao said.

The most dangerous jobs in the U.S. (fatal injuries per 100,000 workers) are:

Fishers and related fishing workers (111.8)
Logging workers (86.4)
Aircraft pilots and flight engineers (66.7)
Structural and steel workers (45.5)

In the private sector, the construction industry is the most dangerous, with 1,178 deaths in 2007, a five percent decrease from the previous year.

In related news, last week the Occupational Safety and Health Administration (OSHA) announced in the Federal Registrar that it is taking public comments on a proposed rule regarding Personal Protective Equipment (PPE) and training standards.

The Notice of Proposed Rulemaking (NPRM) clarifies that when OSHA requires an employer to provide PPE for an employee, the employer must do so for each employee subject to the requirement.

OSHA requires employers to use and train employees on PPE to reduce employee exposure to hazards. The new amendment clarifies that each unprotected or untrained employee may be considered a separate violation under OSHA penalties.

OSHA is accepting public comments on the proposed rule at the Federal eRulemaking Portal until September 18, 2008.

Don’t let patient records float away

The past several years have taught us that no building is safe from the wrath of Mother Nature ... not even a hospital. When your facility is threatened by a hurricane, flood, blizzard or tornado, the safety of your patients and staff is the number one priority.

Once arrangements are made for protecting the people, you need to protect the medical records. And while all businesses need to develop a plan to back up and safely store records, electronic files, and papers, the disaster preparedness needs for a medical facility are even more critical.

Critical and irreplaceable data – The paper and images stored in medical files and electronically are a matter of life and death to patients. When medical records are key to a diagnosis or treatment plan, missing records can dramatically affect the prognosis.

Confidentiality – Medical records are far more personal and private than any other type of business records. If these files abandoned, scattered or otherwise unprotected, patient privacy is unprotected as well.

Non-centralized storage and use – Medical records in a hospital do not stay in one place. At any given time, the records of a single patient could be in the lab, the floor nurses’ station, the surgical suite, and a dozen other places.

Preparing in advance to protect your patients

Start with the location

In many hospitals, the medical records are stored at the lowest level in the building. This puts them at the highest risk of destruction, whether from flood or building collapse. If possible, select a new location that is:

Above flood level
More likely to be accessible following building collapse. Basement locations are often completely inaccessible once filled with the material from the former building.
Fireproof
In an area with two or more access points. Single door rooms can quickly become blocked and inaccessible because of debris

Develop and practice a disaster preparedness drill and recovery process

Long before the first hurricane watch or blizzard alert is issued, your facility needs to have a thorough and tested disaster preparedness plan and disaster recovery plan.

Designate a representative from each department or area of the hospital. Have them designate a backup in the same area.

Have a meeting with the representatives to determine their data and file responsibilities.

Develop a 72, 48 and 24 hour plan for each area in the hospital. Detail the steps personnel would take to gather and secure medical records. Be clear on who does what ... great procedures are of no use if everyone thinks someone else will do it!

Test your procedures under a variety of possible situations ... full notice, as with a hurricane, short notice, and emergency evacuation. Make adjustments as needed.

Develop a post disaster recovery plan for data bases, electronically stored records and paper records. Test this also under a variety of scenarios.

Make sure the plan is:

Understood
Accessible
Updated, as needed

Backup records electronically

Paper charts, lab reports, daily notes, and other hardcopy materials can be scanned directly into a centralized data base. Most radiological results are already in electronic format. Store the records onsite, and in a remote location far from your facility’s geographic location. Be sure your data base is secure ... HIPAA laws require you to protect confidentiality of records in all formats, even in a crisis.

Encourage virtual file checkout

Encourage the hospital staff to check out patient files virtually on a secure intranet. This allows the main paper files to remain in your secure area while doctors, therapists and other professionals use the files throughout the hospital. Not only does it protect your files from loss, it means that updates are instantaneous and accessible to all members of the medical team. Again, make sure HIPAA rules are followed in protecting patient information.

Disaster preparedness is not optional

Disaster preparedness and disaster recovery plans are critical to your hospital, and to the patients you serve. Make sure your facility is ready for anything.

Online tool measures impact of retiring employees

With one quarter of the U.S. workforce nearing retirement age, conversations about a potential “Baby Boomer brain drain” have been heard across the HR world. Transferring corporate knowledge, talent shortages and phased retirement plans have all become growing issues for worried companies.

It’s estimated that by the end of this year, 17% of the Baby Boomers holding executive, administrative and managerial positions in the private sector are expected to have retired.

“The problem is, HR often doesn’t have the data to back up the belief that their companies will be affected as the baby boomers leave the workforce, experts say.”

To back up those beliefs, AARP created the Workforce Assessment Tool to help business owners gauge how much of an impact retiring employees will have on your business. The 80-question online tool is confidential, free to use, and takes about 30 minutes to complete.

After answering questions about the composition of your workforce, workplace practices and company benefits, the tool generates an individualized report. The report outlines how the aging workforce may affect your organization, recommends how to better accommodate workers of all ages, maps out your current employment practices and areas of improvement and creates an inventory of your workplace strengths that could enhance your employer brand.

Try out the Workforce Assessment Tool today and find out how much of an impact retiring employees may have on your business.

Telecommuting on the rise say top corporate execs

The number of telecommuting employees is on the rise, according to a recent survey of top executives by an independent research team and leading staffing service OfficeTeam.

Telecommuting is currently popular among companies, with more than two-thirds (69%) of executives saying it is common for their companies’ employees to work remotely. Of those polled, 82% of managers said they expect the number of telecommuting employees to increase in the next five years.

The survey, based on telephone interviews of 150 senior executives from some of the largest U.S. companies, examined the current state and outlook of telecommuting in America.

“Rising fuel prices are causing people to look for alternatives to lengthy commutes, and working from home or at locations closer to home are attractive options,” said Dave Willmer, executive director of OfficeTeam. “Technology has also made it easier for employees to work remotely when traveling for business.”

In related news, the U.S. House of Representatives approved the Telework Improvements Act of 2008, that would require the head of each federal agency to establish a policy allowing “eligible” employees to telework a portion of the workweek.

If passed, federal agencies would be required to allow authorized employees to telework at least 20% of the hours worked in every two administrative workweeks. Under the bill, federal employees would be authorized to telecommute the maximum amount of hours possible without diminishing employee performance or agency operations.

The bill points out some positions will not be eligible for the telework option due to the nature of the work including situations where employees must be at the job-site to perform their work of if the job requires face-to-face time with the public.

The proposed legislation now moves on to the Senate. We will continue watching the status of this bill and will share information as it becomes known.

How to beat stress in the workplace

Stress in the workplace can have a more dangerous impact on employee heath than employers realize, according to research presented yesterday at the annual conference of the American Psychological Association.

Ohio State University researchers found that stress negatively affects immune responses and the time it takes the body to heal itself. Long-term stress can increase the risk of obesity, insomnia, digestive problems, heart disease, depression, memory impairment and physical illness.

Stress on the job is one of the top reasons why workers are unhealthy, according to a new poll by work/life experts at LifeCare. The poll revealed that the top factors having the most negative impact on employee health are:

Lack of exercise (24%)
Stress about finances (22%)
Stress in personal/family life (20%)
Stress on the job (14%)
Lack of sleep (8%)

Not only is stress harmful to employee health, it hurts business in the form of increased job turnover. The top reason why people quit is because of excessive stress, according to a Watson Wyatt study.

Promote employee wellness and reduce job turnover with the following stress-beating tips:

Make to-do lists. Along with day-to-day tasks, write down your long-term career goals and the small steps you can take to reach them. Thinking long-term will help you get through mundane, daily tasks by knowing you’re going somewhere.
Take a break. Stretch, go for a walk or grab a coffee whenever you start to feel stressed out. Taking short breaks throughout the day can help reduce stress and improve productivity.
Get organized. A cluttered desk is a stressful desk. An organized desk will help you find things faster, feel less stressed and be more efficient.
Have a laugh. Laughter is a known stress reliever, so lighten up and smile more. Talk to a friendly coworker or call a family member to make you day more enjoyable.
Sleep better. Make a conscious effort to get more sleep at night. Along with reducing stress at work, a good night’s sleep will give you more energy and increase your concentration.
Squeeze something. Keep a fun squeeze toy, like Dilbert below, on your desk for those times you need a little stress relief. Reduce built-up tension and squeeze the stress away.

Employee wellness best practices: Offset the rise in health care costs

Health care costs are projected to rise more than 10 percent next year, according to a survey of insurers by Aon Consulting Worldwide.

While the double-digit rise may seem large, it’s actually the smallest increase Aon has seen in the past six years, hinting that employee wellness programs may be paying off.

If you want to offset the rise in health care costs, business should spend more money on employee wellness programs, according to a Workforce Management article from earlier this year. Health care industry experts suggest that companies that have implemented wellness programs have seen lower health care costs.

“CFOs have always viewed health care as an expense, but rarely as an investment” said Jerry Ripperger, director of consumer health at the Principal Financial Group. “But improving the health of your employee base, rather than simply providing reimbursements, is an exercise in risk management with a true ROI.”

Companies that have implemented employee wellness programs have seen an average reduction of $2.45 in medical claims for every dollar spent developing the program, according to a recent Principal study. Most companies started seeing results after about 18 months and the longer a wellness program is in place, the more health care costs can be reduced, according to Ripperger.

The Wellness Council of America, an organization devoted to employee wellness programs, has developed seven employee wellness best practices. To develop and maintain a program in your workplace, follow “The Seven C’s” for success:

Capturing CEO Suport
Creating Cohesive Wellness Teams
Collecting Data To Drive Health Efforts
Carefully Crafting An Operating Plan
Choosing Appropriate Interventions
Creating A Supportive Environment
Carefully Evaluating Outcomes

Download a free copy of WELCOA’s Seven Benchmarks of results-oriented workplace wellness programs.

New passport card acceptable in Form I-9 process

The United States Citizenship and Immigration Services (USCIS) is informing the public that the new U.S. Passport Card may be used to verify employment eligibility in the Form I-9 process.

The new passport card was created as a less expensive and more portable alternative to the traditional passport book. Its purpose is to speed up document processing at U.S. land and sea ports of entry for U.S. citizens traveling to Canada, Mexico, the Caribbean and Bermuda.

While the card may not be used for international air travel, it is a valid passport certifying U.S. citizenship and the card holder’s identity. The new passport card may be used to verify work eligibility in the Form I-9 process and employers participating in the E-Verify program.

The passport card is classified under “List A” documents to prove the identity and work eligibility of a newly hired employee when completing the I-9 form. Review the lists of acceptable and unacceptable documents new hires may use to verify work eligibility.

In related news, the House of Representatives passed the Employee Verification Amendment Act of 2008 on July 31, that would extend the federal E-Verify program for five years.

The act includes a provision that would authorize two Government Accountability Office studies to investigate the impact of the program on small businesses.

The bill continues through to the Senate, but no action is expected until September when legislators return from their August recess.

Read more about the E-Verify extension.

Remodeling morale at Home Depot

In the midst of a struggling economy, home improvement giant Home Depot is remodeling from the inside out, with employee morale and sense of ownership at the top of their “fix-it” list. HR chief Tim Crow has his hands full renovating training programs, expanding cash bonuses and increasing employee/customer face time.

In a recent Q & A with Workforce Management, Crow talked about the difficulties Home Depot has had to face while the country suffers through the “weakest housing market in more than 25 years.” This year company profits fell over 60%, forcing the company to halt expansion plans and close stores, impacting the lives of 1,300 employees.

While the company and country struggle financially, Crow has kept his focus on creating a sense of ownership among employees, improving employee product knowledge and strategically using rewards and recognition programs to revitalize morale.

Home Depot’s morale building strategies include:

Success Sharing. If stores make their sales goals, everyone gets a cash bonus. In 2007, Success Sharing bonuses totaled $63 million.

Homer Badges. Badges, named after the company mascot, to recognize store associates for living the company’s values. If employees earn three badges, they get a cash bonus.

Aprons on the Floor. An company-wide initiative encouraging employees to find new ways to cut costs so Home Depot can spend more on staffing. The company cut its HR staff by more than half, with four HR managers overseeing 6 to 10 stores each.

Read the complete Workforce article on how Home Depot is keeping training and employee morale high priorities during tough economic times.

More sick employees reporting to work

Financial pressures are a big reason more sick employees are reporting to work, even if they have paid sick leave, according to a new poll of two presidential swing states.

National Public Radio, the Kaiser Family Foundation and Harvard School of Public Health compiled Heath Care and the Economy in Two Swing States: A Look at Ohio and Florida, examining how financial issues have affected citizens in the two presidential swing states. Soaring health care costs and medical bills have taken a bite out of family finances, forcing people to report to work even though they may be ill.

Of those surveyed, 44% of employees in Florida and 50% in Ohio go to work sick because they’re worried about the financial consequences went to work sick.

“The general level of economic anxiety that workers have today, I think, is evident in these polls, and employers might want to be cognizant of their workforce being very worried about paying their bills,” Kaiser’s vice president of public opinion and survey research Maryann Brodie told SHRM Online.

The data, she added, “should make everyone pause and think how this economy and economic anxiety are affecting the people around them and the people who are working for them.”

House passes Paycheck Fairness Act

As expected, the U.S. House of Representatives passed the Paycheck Fairness Act on July 31, 2008. The new act would help close the gap between women’s and men’s pay differences by “adding some teeth” to the Equal Pay Act of 1963.

If approved, the bill would enhance remedies in cases where women and men are not paid equal wages for doing equal work.

Among other enhancements, the bill would allow women to sue for compensatory and punitive damages in Equal Pay Act cases, require the Department of Labor to strengthen training and outreach efforts that help employers eliminate pay disparities, and create a new grant program to help women develop stronger negotiation skills.

The bill now moves on to the Senate, where we’ll continue watching its progress. Check back for updates on the bill and how it may affect your business.

New study: Employee loyalty weakened by gas prices

As gas prices stay high, workers continue to make sacrifices and many are considering leaving their jobs for opportunities closer to home in order to cut down their commute.

Over one quarter (26%) of employees are considering changing jobs to improve their commutes, according to a study conducted by BusinessWeek Research Services and commissioned by TransitCenter.

Almost half (48%) of employees reported that their commute is getting worse and they’re looking at their employers to ease the pain, according to the study. About 65% of employees are expecting their employers to do something to help tackle the problem.

The top four commuter-related benefits employees find most appealing in a new job are:

Flextime (79%)
Telecommuting (72%)
Pre-tax commuter benefits (54%)
Subsidies for their pre-tax commuter benefits (47%).

TransitCenter is a not-for-profit organization that provides tax-free transit benefits as a means to promote mass transit use. Visit their website for a copy of the full press release on employee loyalty and gas prices.

Build employee loyalty with open communication

Employee loyalty is built with open communication, not with monetary rewards like raises, according to the latest Management Action Programs Inc. (MAP) Quarterly CEO Survey.

Open communication, employee recognition and involving personnel in decision making are the top three qualities people value most in a company, according to the MAP survey.

“Clearly, a work environment where employees are recognized as part of the team is more valuable than simply receiving a paycheck,” said to Lee Froschheiser, president and CEO of MAP, in a press release.

The survey revealed “open communication between management and employees” is the number one factor contributing to employee loyalty. Open communication was mentioned almost twice as frequently as “receiving raises.”

The most perceptive business leaders realize the enormous value of motivating employees in non-monetary ways, according to Froschheiser.

“Most of all, clearly communicating the company's vision and mission, as well as making employees feel they're playing an important role in the business' overall success are among these CEO's top employee-retention strategies,” Froshchheiser said.

Effective communication can contribute to a company’s profitability according to the recently released Communication ROI Study by Watson Wyatt.

Companies with the most effective communication programs had a 47% higher total return to shareholders from 2002 to 2006, compared to companies that communicate least effectively.

Those companies with effective communication are four times as likely to report high levels of employee engagement as compared to those with less effective communication.

The Watson Wyatt study identified that the highest-performing companies:

Focused managers and employees on customer needs.
Engaged employees in running the business.
Helped managers communicate more effectively.
Utilized the communication talents of internal communicators to manage change effectively.
Measured the impact of employee communication.
Branded the employee experience.

Employees agree diversity is key to success, but still needs work

While most employees believe that a diverse workforce contributes to the success of their organization, many have experienced some form of workplace discrimination and feel that their employers publicize diversity more than it’s actually implemented.

The majority of workers (61 percent) agree that having a diverse workforce makes their organization more successful, but almost half of all employees (47 percent) have felt discriminated against at the office, citing age as the top form of workplace discrimination. The findings are from Workplace Insights, a survey conducted by Adecco USA, which took a close look at how Americans think about diversity in the workplace.

Age discrimination was the top reported form of workplace discrimination (52 percent), followed by gender (43 percent), race (32 percent), religious (9 percent) and disability (7 percent).

American workers are skeptic when it comes to their company’s diversity initiatives, with the vast majority (78 percent) of workers feeling that companies talk more about having a diverse workforce more than they practice it.

With true diversity, Americans feel like they would get more done at work. The majority (53 percent) believe that the more diverse their workforce is, the more productive they would become.

Most American workers reported that having a diverse workforce is a top priority for their employer, but only one-third believe that corporate America has achieved total workplace diversity.

To better the workforce outlook, Adecco suggested that top executives make commitment to diversity their top priority. Companies looking to strengthen their diverse workforce should gain commitment from senior managers, engage employees in the process, support local diversity groups, provide diversity training and promote open lines of communication.

Read the full Adecco press release.

Federal minimum wage increasing this week

This Thursday, the federal minimum wage will become $6.55 per hour. The new wage, effective July 24, 2008, is up 70 cents from the first stage of the minimum wage law, previously set at $5.85.

To stay compliant with the Department of Labor (DOL) under the Fair Labor Standards Act (FLSA), employers must display a poster explaining the minimum wage increase. The poster must be posted in highly visible areas where employees may easily read the notice.

This week’s increase is part of a three-stage federal minimum wage increase passed in July 2007. The third phase of the law, increasing the wage to $7.25 will take effect in one year on July 24, 2009.

Researching constant labor law changes and ordering individual posters is a time-consuming, never-ending task. Luckily, there are tools out there to help. G.Neil’s Poster Guard Compliance Protection makes it easy to stay in compliance with all federal and state labor law posting requirements by doing all the work for you. Learn more here.

Digital dilemma: Paying employees to check BlackBerrys?

Should employees receive overtime compensation for checking company email, checking messages or posting a work-related blog from home?

The question recently became a hot topic at ABC, over whether the company should pay writers to check their BlackBerry outside of work.

The writers’ union challenged a longstanding contract waiver stating that writers who occasionally checked their BlackBerry after hours did not receive time-and-a-half overtime pay.

ABC argued that paying employees time-and-a-half overtime for using their BlackBerry for minutes at a time would turn into a nightmare of a paperwork and payroll issue.

The Writers’ Guild’s wanted to make a point that while technology makes it easy to work from anywhere, but we must avoid creating a 24/7 workplace.

In the end, ABC still will not pay overtime for employees who check email away from the office, holding true to their practices before the argument started.

As technology makes it easier to work from home, blurring the lines between work and play, issues like this will only continue to crop up.

Do you think this is a workplace issue we should be worried about? What’s the right thing to do?

Hot workplace legislation on the move this summer

Last week, Congress members returned to Washington for the final legislative push before a month-long recess beginning August 9.

With the Democratic and Republican presidential conventions scheduled for late August and early September, Congress members look forward to returning to their home states to campaign.

The next few weeks, while legislators remain on Capitol Hill, are one of the last opportunities for Congress to make significant progress on important workplace legislation in 2008.

Congress is expected to vote on a list of critical workplace issues during the next five weeks, including:

Amendments to the Americans with Disabilities Act (ADA)
Proposed extension (or replacement) of the E-Verify employment verification program
The Employment Non-Discrimination Act, which creates federal protections against workplace discrimination based on sexual orientation
The Healthy Families Act, which requires certain U.S. employers to offer paid sick leave as an employee benefit.

We will continue following all of the latest headlines, so check back regularly over the next few weeks for news on workplace legislation that may affect your business.

Rising gas prices force workers to make sacrifices

American commuters are feeling the strain and making sacrifices in order to buy the gas they need to get to work everyday. Last month, CareerBuilder.com surveyed more than 8,700 workers nationwide, revealing some interesting statistics.

Of the 89% of workers who said they drive to work, almost half (47%) reported they had to give up something in order to afford the gas needed for the commute.

Workers reported they had to give up the following in order to pay for gas:

Dined out less – 35%
Spent less on entertainment – 31%
Bought less expensive groceries – 27%
Shopped for clothing less – 24%
Did not take a vacation – 21%
Eliminated cable, magazine subscriptions, etc. - 11%

Factoring in the cost of gas, 60% of workers said they would be willing to drive up to 20 miles to the office and 29% would only drive up to 10 miles.

“One-in-ten workers said they would take a pay cut for a job with a shorter commute,” according to Rosemary Haefner, Vice President of Human Resources at CareerBuilder.com.

Employers can help alleviate the burden of high gas prices by looking into transit subsidies, promote carpooling, adopt flexible scheduling and allowing workers to telecommute for part of the week.

For more information, read a previous post on how employers can help ease the pain at the pump for employees.

New cell phone laws create business liability

As of July 1, a new law makes it illegal to drive in California while talking on a hand-held phone. If Californians still wish to talk while driving, they must use hands-free cell phone devices or risk a ticket. Drivers under the age of 18 are prohibited from using any mobile device while driving, except for emergency calls.

As Gov. Schwarzenegger said in a June press conference, the purpose of the law is “getting drivers’ hands off the cell phone and onto the steering wheel.” He added that the new law will save almost 300 lives each year in California.

Drivers using cell phones without a hands-free device face a $20 ticket for a first offense and $50 for subsequent offenses.

The new law creates additional liabilities for businesses with employees who must drive as a part of work. Employers in California may be fined if they still require employees to use their mobile phones while driving or if they are not completely clear in policies regarding cell phones and driving.

Although the it does not impose specific requirements on employers, companies with employees in California should take a few precautionary steps in response to the new law. According to those at the Ford & Harrison law firm, employers should:

Develop and implement a clear policy prohibiting the use of any mobile device to conduct business while driving, unless using a hands-free device.
Train everyone at the company including employees, supervisors and managers about the policy and new law.
Employers who reimburse employees for business-related cell phone charges, or provide employees with cell phones should also provide a hands-free device or reimburse employees for the purchase of such a device.

California now joins Connecticut, the District of Columbia, Washington state, New Jersey, New York with similar laws prohibiting the use of cell phones while driving.

Visit the California Department of Motor Vehicles for a complete FAQ regarding the law and more information on how the new cell phone laws may affect you and your business.

Employer adoption benefits increasing

With adoptions growing in the U.S., more companies are helping out their employees with financial benefits to help in the sometimes costly and emotionally exhausting adoption process.

“Last year, 47% of about 1,000 major U.S. companies offered financial aid for adoption, up from just 12% in 1990,” according to the Hewitt Associates human resources consulting firm in a recent CNN.com article.

The Family and Medical Leave Act allows employees to take unpaid leave due to care for a new child including by birth, adoption or foster care. Other than the 12 weeks of leave covered under the FMLA, private employers are not legally mandated to provide adoption assistance.

There are more than 1.5 million adopted children in the U.S., making up over 2% of all U.S. children, according to the Evan B. Donaldson Adoption Institute.

The Dave Thomas Foundation for Adoption 2008 Best Adoption-Friendly Workplaces in the U.S. are:

Wendy’s International, Inc.
Citizens Financial Group, Inc.
United Business Media LLC (UBM)
Timberland
Barilla America, Inc.
Subaru of America, Inc.
JPMorgan Chase
Avon Products, Inc.
Franklin International
American Century Investments

The new I-9 form is the old I-9 form

Word has come down from the USCIS that the old I-9 form (one with a revision date of 06/05/07 or later and any expiration date) is still valid for the foreseeable future. That includes forms with an expiration date that has already passed. Nothing except the date has changed on the form. There is no impact on compliance.

The new form, with an expiration date of 06/30/09, is now available via download on the GNeil site. The printed and punched paper forms with the new expiration date will be available shortly.

In the meantime, you may continue to use the old I-9 forms, even if they say they have expired. We will continue selling the older fully compliant version as we await the new forms.

Military tax benefits bill signed into law

Military reservists are now able to cash out health care flexible spending accounts and may withdraw funds from 401(k) or other contribution plans without penalty.

On June 17, 2008, President Bush signed the Heroes Earnings Assistance and Relief Tax Act of 2008 (H.R. 6081), permitting active duty reservists to make penalty-free withdrawals from retirement plans, when called to serve at least six months. It also allows any differential military pay to be included in the calculation of wages for retirement plan purposes and allows employers to report the differential military pay on the W-2.

The law also modifies the Uniformed Services Employment and Reemployment Rights Act (USERRA) for the purposes of triggering the payment of qualified plan benefits, and allows recipients of military death benefit gratuities to roll over the amounts received, tax-free, to a Roth IRA or a Coverdell education savings account.

The modifications also allow reservists called to active duty for at least 180 days to withdraw any remaining balances in their health care flexible spending accounts. Before this law, most employees called to duty would forfeit any remaining money in their health care accounts.

Tracking the I-9 changes

The I-9 saga continues, with this information just in...

The DHS has issued a new version of the I-9 with a new expiration date. However older versions with earlier expiration dates are still valid as long as they have a revision date of 6/5/07 or later.

On Thursday, we first reported on this change. The USCIS site had indicated a mandatory change effectively immediately, then dropped part of that mandate after business hours yesterday. Today, further changes have been made to the site, but still no official statement has been issued.

We are following the changes on the government's sites, talking with agency officials and watching for official press releases or Federal Register postings. We will continue to track all sources until an official press statement is released, and will bring you all the latest information as we receive it.

Protect employees from dangerous summer heat

As outdoor temperatures continue to rise this summer, so does the risk of heat-related illness and death. Employees who work outdoors must deal with environmental factors that may cause serious danger including working in direct sunlight, high temperatures and humidity, physical exertion and lack of sufficient water intake.

Overexposure to heat can cause heat cramps, rashes, heat stroke and heat exhaustion. Symptoms of heat exposure include confusion, irrational behavior, loss of consciousness, dry skin and abnormally high body temperature. Simple actions like drinking cool water, reducing physical exertion, wearing appropriate clothing and taking regular rest breaks in a cool area can lessen the dangerous effects of working in hot summer temperatures.

To help combat heat-related illness and injuries, OSHA has published two fact sheets: Protecting Workers from the Effects of Heat and Working Outdoors in Warm Climates. Both fact sheets can be downloaded from the OSHA site and offer tips on how to protect employees from the dangers associated with the outdoors and summer heat.

Update to I-9 form effective immediately

Breaking news and a revised message!

Yesterday, the Federal government announced a revision to the standard I-9 form effective immediately. The old form, which was to expire on 06/30/08 had been replaced by a new revision. Now it appears that there may be some modifications on the way.

Initially, the USCIS website stated that the old form would no longer be accepted as of 6/16/08, even though it was not expected to expire until the end of the month. Today there is an apparent reversal on that site which may indicate that the old form is valid through its initial expiration date, or that both the old and new forms will be valid for some period of time.

We will keep you posted as changes appear in the Federal Register.

At this point, there are no substantive changes to the form. Only the dates of revision and expiration have been updated, so employers do not need to alter current procedures for gathering applicant information, retaining forms, or verifying documentation.

Given the expiration date of 06/30/08 on the old forms, businesses and agencies Should use the most up to date forms. As always, current and valid versions will be available from GNeil in both hard copy and downloadable formats.

Disabilities rights bill on the move

On June 18, the House Judiciary Committee and the House Education and Labor Committee approved a bill that would amend the Americans with Disabilities Act (ADA).

The ADA Amendments Act (H.R. 3195) will amend the ADA by clarifying the definition of what constitutes a disability and overturns several U.S. Supreme Court decisions that critics regarded as unfairly limiting ADA protections.

The bill represents a compromise between employer and disability groups and has broad bipartisan support in the House. Since becoming law in 1990, several Supreme Court decisions have reduced the numbers of protected workers under the ADA.

The bill is expected to move to the full House for a vote next week where it will likely pass by a large margin.

In related news, the Bush administration released new ADA rules in the June 17,2008 edition of the Federal Register. The new ADA rules would rewrite federal accessibility standards of the ADA and affect all state and local agencies and millions of businesses open to the public.

The proposals would provide a newer version of the Department of Justice’s ADA Standards for Accessible Design. The DOJ is taking comments on the proposals at www.regulations.gov until August 18,2008. The DOJ will issue a finalized notice at the end of the comment period.

Until the new standards established in the final notice take effect, the DOJ advises businesses to follow existing ADA standards. Please stay tuned to G.Neil’s HR Forum for updates on the status of all pending ADA legislation.

Hold effective business meetings with more audience chatter

Research has shown that speakers retain 90% of what they share. Listeners hang onto only 5% of what the speaker said. “When speakers talk they fire up multiple intelligences, garner ‘aha’ moments, and retain most of what they teach," according to Brain Based Business.

Since talking benefits talkers more than listeners, getting more people involved in the conversation can improve retention. Keep your audience awake and involved by turning the tables at your next business meeting - create speakers out of listeners.

Here are some simple tips to hold effective business meetings and boost listener retention:

Share the stage. Break up presentations so that others can take the stage and explain a few points for you. Multiple speakers will help break up the presentation and keep the audience’s attention.

Say something funny. Laughing lightens the mood in the room and fosters openness, allowing you to share more and connect with your audience. It’s also a great way to mix it up and surprise your audience with some humor during an otherwise boring meeting.

Keep the lights on and skip the slides. Sit a group of people in a dark room in the afternoon and you’re just asking for a nap or two. Keep the lights on and keep everyone awake and focused on you.

Encourage conversation. Rather than read through a long slide presentation, have a conversation with your meeting attendees. Talk about the issue and come up with some solutions together. Attendees will retain more information if they were actively involved in the meeting.

Rising health care costs motivate employee wellness programs

Employer health care costs are predicted to rise almost 10% in 2008 and another 10% in 2009, according to a study released this week by PriceWaterhouseCoopers.

The increase is due to two main factors:

A hospital building boom, as hospitals replace facilities and add more private rooms and centers for outpatient treatment.
An increase in the expenses those with insurance are paying for those without. The federal government underfunds public insurance programs and the number of people with private insurance continues to decrease.

Along with health care costs, the number of underinsured Americans continues to grow. The number of American adults who had inadequate health insurance to cover their medical expenses rose 60% from 2003 to 2007. In the U.S., there are currently more than 25 million people underinsured.

In response to increasing costs, more employers are focusing more on employee wellness programs as an attempt to improve overall company health.

Studies have shown that walking programs are the most effective way to get employees to exercise without hurting productivity, according to a presentation at the American College of Sports Medicine.

Here are some tips to create your own wellness program that employees will want to stick with:

Create small, attainable exercise goals. Wellness programs with achievable fitness goals are more effective in helping sedentary adults start and stick with fitness programs than those with more challenging fitness goals, according to the American College of Sports Medicine presentation.

Give employees pedometers. Pedometers are a low-cost, simple and non-invasive way for people to increase their awareness of their daily activity and improve their overall fitness level. Those who were given pedometers in the research study said they plan to continue wearing the device after the study was over.

Get everyone involved, including upper management. Get the executives in the office involved in the program and encourage them to lead by example. When employees know that upper management is on board, they may be more inclined to participate.

Make it fun. Create T-shirts and hand out water bottles to everyone who gets involved. Post fliers promoting each walking event and create some buzz around the office.

Maryland enacts Flexible Leave Law, more employers improving PTO

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

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

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

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

Some key findings from the survey:

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

Take a look at the tables on the Culpepper site for a more detailed breakdown of the survey results.

Are your employees sleeping enough?

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

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

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

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

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

Trend watch: Sleeping at work

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

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

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

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

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

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

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

If you’ve been catching more employees falling asleep at meetings or sneaking out to their car for a quick snooze, a “serenity room” may not be such a bad idea. Here’s to a happy Friday and happy napping!

Immigration compliance: President orders federal contractors to use E-Verify

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

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

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

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

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

It is still unclear when the directive will go into full effect, so stay tuned to G.Neil’s HR Forum for continuing updates.

Work/life balance: Key to employee retention

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Five ways Gen Y will change the corporate world

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

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

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

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

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

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

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

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

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

The impact of social media on corporate culture

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

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

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

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

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

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

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

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

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

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

Four simple tips to avoid labor law poster scams

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

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

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

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

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

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

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

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

Genetic nondiscrimination law includes increased FLSA child labor penalties

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

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

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

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

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

Visit the DOL website for a full press release.

President signs Genetic Information Nondiscrimination Act

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

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

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

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

The Department of Labor will issue regulations which health insurance providers must follow starting May 2009, one year from the bill’s signing.

One in four plan to work while on vacation

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

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

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

Other significant findings include:

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

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

Want happy employees? Promote public transportation

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

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

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

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

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

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

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

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

The positive and powerful side of office gossip

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

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

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

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

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

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

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

The incredible shrinking employee 401(k)

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

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

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

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

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

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

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

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

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

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

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

State Supreme Court upholds ruling in workplace bullying case

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

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

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

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

For more information on workplace bullying, read a past blog post on the issue or search articles from our News & Info section.

Recycle your way to a ‘green’ workplace

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

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

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

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

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

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

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

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

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

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

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

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

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

Governor signs New Jersey Paid Family Leave Bill

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

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

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

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

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

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

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

Read a past post on this topic and the fully story from the Ashbury Park Press.

Build employee morale during good times and bad

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

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

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

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

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

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

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

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

Gas prices take a bite out of employment relationships

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

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

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

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

Rose Stanley, WorldatWork practice leader suggests companies should look into ways they can help alleviate the burden of high gas prices, including:

Transit subsidies
Car pooling/van pooling
Flexible scheduling
Teleworking for part of the week

King advises companies to first try to mitigate employee gas prices with the examples above before boosting employees’ base pay. Increasing employee base pay would be a quick fix to a continuing problem. What if you increase pay this month and next month gas prices are up again?

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

This issue will continue to grow as long as gas prices continue to rise. How have increasing gas prices affected your employment relationships?

Update: Genetic discrimination bill through Congress onto President

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

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

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

Read a previous post on this topic.

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