HR Forum

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.

Hiring teens for summer jobs? Make sure you follow the rules

Last week, Secretary of Labor Elaine L. Chao, presented the Occupational Safety and Health Administration’s (OSHA) Teen Summer Job Safety Campaign in downtown New York City.

The job safety campaign is part of OSHA’s Young Worker Initiative to reduce work-related injuries among teen employees by teaching them proper on-the-job safety techniques. OSHA’s goal is to reach more than three million teens in hopes that lessons learned now will be carried throughout young workers' careers.

The Young Worker Initiative site is full of information and helpful resources for teens, parents, employers and educators for all to help young summer employees have a safe and rewarding work experience.

The Teen Summer Job Safety Campaign kicks off just in time as teens begin their search for summer work. Be sure you know the laws regarding child labor and safety before hiring any underage employees.

Two major areas to be concerned with are the Fair Labor Standards Act and OSHA.

OSHA. Depending on where you do business and in what industry, you must comply with certain hazard-specific job safety and health standards. OSHA is the federal department in charge of setting and enforcing safety and health standards in the workplace. All employees, including teen workers should be trained on how to stay safe while on-the-job.

Visit the OSHA Teen Workers site and your local Employment Standards Office for help with questions.

FLSA. The FLSA was set in place to protect minors’ educational opportunities and prohibit work that is harmful to their health and safety. For employees under the age of 18 there are rules regarding compensation, occupations and industries they may work in, as well as the hours they may work. Each state also has a set of child labor standards to abide by.

Visit the Department of Labor for more information on the FLSA and also be sure to check with your local state offices on specific standards in your state.

G.Neil carries an entire line of labor law compliance solutions to help you understand both the FLSA and OSHA, before hiring teens for the summer. Take a look and be sure you know the right way to hire and manage teen employees this summer and all year round.

Senate passes genetic nondiscrimination bill

Anti-discrimination legislation is on the move that would protect employees’ jobs and health insurance coverage against decisions made on the basis of genetic information.

On April 24, 2008, the U.S. Senate unanimously approved the Genetic Information Nondiscrimination Act, or GINA.

GINA will:

prohibit the use of genetic information to deny employment or insurance coverage,
ensure genetic test results are kept private,
and prevent insurance companies from making eligibility or premium decisions based on genetic information.

The act will now go back to the House of Representatives for final approval. It is then on to President Bush’s desk, who is expected to sign the bill as early as next week. The bill's effective date will be 18 months after the President signs.

Check back often for updates on the status of GINA and whether there will be posting changes once the bill is signed into law.

Read the full Associated Press article.

Workplace bullying: More than just a tough boss

Workplace bullying is repeated, health-harming mistreatment in the form of verbal abuse and offensive conduct or behaviors, according to the Workplace Bullying Institute. The wounds from bullying can run deep, even deeper than sexual harassment in the workplace.

Results from a 2007 Workplace Bullying Institute survey of American workers found that:

37% have been a victim of bullying
49% have experienced or witnessed bullying at work
32% occurs behind closed doors
50% and more involves targets being publicly humiliated

Another survey by Zogby International discovered that women account for 40 percent of workplace bullies. Over 70 percent of the time, women bullies will target other women.

Researchers also found that workplace bullies tend to be supervisors, but just because a boss is tough, doesn’t always make them a bully.

A tough boss will motivate an employee through constructive criticism and will challenge their teams to work harder in order to achieve goals. A bully would belittle a worker by constantly reminding them of mistakes and insult their work.

Currently there are no anti-bullying state laws protecting workers, it is left up to the businesses to combat workplace bullying before it ever begins.

One public relations firm in Chicago has strict rules prohibiting office gossip. The boss has fired three employees who failed to follow the rules of not talking behind the backs of clients or coworkers, inside or outside of the workplace.

The first step to prevent workplace bullying is to develop a policy that outlines unacceptable behavior and the consequences of bullying behavior. Every company is different and should adopt bullying policies and procedures that fit their unique culture.

Workplace smoking policies: When employees lie

Whirlpool suspended 39 workers for lying on insurance paperwork about their smoking habits, as reported by the Chicago Tribune.

The suspended employees all claimed they do not use tobacco products, but were caught in the act on the Evansville, Indiana, factory property smoking or chewing tobacco. Some accused workers may even lose their jobs because of the lies.

Whirlpool uses a financial incentive program to encourage workers and their families to not smoke. Workers at the Evansville factory who smoke are charged an extra $500 in annual health insurance premiums.

Whirlpool’s actions show one difficulty companies encounter when enforcing wellness programs based on the honor system.

"Employers have been using the honor system ever since wellness programs started, and you have to be a little naive to think that people are going to admit they smoke when they know they're going to be penalized."

Enforcing smoke-free workplace policies can be tough, especially if employees are untruthful about their smoking habits.

With rising healthcare costs and the dangers of second-hand smoke, some companies are completely snuffing out smoking on company property.

“No Smokers in the Workplace: The New Controversy,” from G.Neil’s News & Info section, examines how some workers are fighting back against smoke-free policies with legal action. Some workers’ rights groups claim the policies violate one’s right of free expression.

State no-smoking laws can stir up confusion when determining if your company should enact a smoke-free policy. For help on how to sort through related legal issues, read the full article at G.Neil.com.

MySpace and hiring: Convenient, but risky

Tempted to use MySpace or Facebook to do a little research on a potential job candidate? You may want to think twice.

Some experts advise using extreme caution when using social networking sites to learn background information on a candidate. Others recommend staying away from the sites completely.

On anyone’s MySpace profile you can usually find out that person’s gender, relationship status, sexual preference, home town, age, religion and how many children they have. The problem is that all of these topics should be off-limits during the interview process.

Making a hiring decision based on any of the topics just mentioned would be considered discriminatory and could potentially land your company in some legal hot water.

The California Labor & Employment Defense Blog has a full run down of legal issues to be aware of when using the Internet to research job candidates and current employees. Here’s a summary of just a few:

Invasion of privacy. Some social networking state in their terms of service agreements that it is unlawful to use profile information for employment decisions.

State protected privacy. California and New York currently have statutes prohibiting employers from interfering with employees’ private lives outside of work.

Discrimination. Even if an employer came across the information unintentionally, it is unlawful to deny employment based on protected topics such as age and gender.

Take a look at the full post for a complete overview.

Suspected FMLA leave abuse top HR concern

Employee abuse of the Family Medical Leave Act (FMLA) is the top concern for human resource professionals regarding the law, according to a WorldatWork survey earlier this year.

WorldatWork administered the survey in response to the Department of Labor’s proposed changes to the FMLA regulations. The proposed changes are aimed at resolving tough issues employers face when administering the law.

Under FMLA, employers must provide up to 12 weeks of unpaid, job protected leave during a 12 month period. Reasons for FMLA leave include the birth or adoption of a child, caring for a seriously ill immediate family member or for the employee’s own serious illness.

Of 450 human resource professionals surveyed:

42% said the potential for or suspicion of abuse by employees causes “extreme difficulty” in administering intermittent FMLA leave.
38% reported inadequate notification prior to an absence.
28% reported difficulties tracking intermittent leave.

When asked what changes to the FMLA they support:

72% strongly agree with requiring workers to notify employers in advance of taking non-emergency, foreseeable leave.
61% strongly agree with requiring annual medical certification from employers when conditions last more than one year.
60% strongly agree with requiring a fitness-for-duty certificate after return from intermittent leave to jobs that could endanger the employee or others, or that the worker may be unable to perform.

A full copy of the survey is available at WorldatWork.org/research.

New Jersey set to offer paid family leave

A New Jersey bill that would provide paid family leave benefits for workers caring for sick family members and newborn children received final legislative approval from the New Jersey Senate this month. It is now up to the state governor to sign the bill, which he previously announced would happen.

The bill would authorize up to six weeks of employee-paid family leave during any 12 month period. Under the bill, employees may take up to six weeks of paid family leave during any 12 month period in order to care for a sick family member, or a newborn or recently adopted child. Employees would receive two-thirds of their weekly salary, no more than $524 each week.

Once the governor signs the bill, New Jersey will be the third state after California and Washington to require paid family and medical leave.

Read the full article in the Asbury Park Press.

'Bring your guns to work' bill passes Florida senate

To follow up on a topic we reported on last month, the Florida senate approved a bill on April 9, that would allow employees and customers with concealed weapons permits to bring a firearm onto company property. The bill, familiarly known as the “bring your guns to work” bill allows firearms to be kept in locked vehicles in company parking lots.

The bill now goes on to the governor, who will likely sign it into law, according to a recent SHRM article.

The bill prohibits employers from asking if an employee or customer is carrying a gun and from searching that person’s vehicle for a firearm. In addition, the bill will make it illegal to deny employment because the applicant has a concealed weapons permit. Also, employers may not fire an individual for keeping a licensed weapon in their vehicle.

Against the bill - The Florida Chamber of Commerce

The Florida Chamber of Commerce is against the bill, claiming that it would “undermine the property rights of Florida businesses and could endanger workers.” Whether an employee is able to bring their gun to work was previously determined by the property owner. Passage of the bill will deny employers of that right.

They also claim the bill could lead to increased workplace violence. Additionally, the chamber is against the bill because it would give gun owners the same discrimination rights as victims of sexual harassment and racism.

For the bill - The National Rifle Association

The National Rifle Association (NRA) is pushing for the governor’s signature on the bill, under the belief that it will help protect employees as they travel to and from work.

They also claim that businesses violate constitutional rights of individuals by having the power to search private vehicles and by banning an individual’s right to legally carry a gun.

We would like to hear your opinion. How do you feel about a coworker or customer being legally able to possess a firearm on company property? What’s your stance on the bill?

Internships: To pay or not to pay?

As you interview and start to fill summer internship positions with energetic, young college students, think about how you plan on compensating their work.

To pay or not to pay? - The big internship question.

Many businesses pay interns well for their work, but unpaid internships do still exist across non-profit and for-profit organizations alike.

A new study by the National Association of Colleges and Employers (NACE) found that college students can make a decent hourly salary if they land the right internship. The 311 employers who participated in the survey reported offering their undergraduate interns $16.33 an hour on average and almost $25 for interns with Masters’ degrees.

Many factors can impact intern salaries, including the student’s degree level, year in school, field of study and organization’s industry and location, according to NACE.

Ann Bares at the Compensation Force blog notes that students in the NACE survey report less satisfactory experiences with unpaid internships, often citing lack of pay as a major reason for dissatisfaction.

She offers some “food for thought” while you fill internship spots for this summer:

“My guess is that, while the lack of pay may indeed be a dissatisfier, there is probably an interplay of factors at work here: organizations that are not paying their interns may be less motivated to invest in creating the support and structure necessary for a worthwhile experience - for both parties.”

Veterans return to tough job market

Finding a job in the U.S. amidst talks of recession and the weakening dollar is tough for many Americans, even harder for returning veterans.

Compared to civilians of similar age and education, veterans have less of a chance of being hired.

Eighteen percent of the veterans recently back from overseas tours of duty are unemployed. Of employed veterans, 25 percent earn less than $21,840 a year, according to the Department of Veterans Affairs.

The data was compiled from a survey of 1,941 veterans who left the military between December 2004 and January 2006. The survey matches up with Census Bureau and other data showing employment rates and wages are lower for troops returning from the Iraq and Afghanistan war zones than their civilian peers. Read the full article in the Washington Post.

With soldiers returning to work, there are federal laws businesses must abide by. Particularly, the Uniformed Services Employment and Reemployment Rights Act of 1994, most commonly known as USERRA.

Recently, the Justice Department filed a lawsuit against Wal-Mart to defend the employment rights of an Air Force veteran.

The Air Force veteran claims that Wal-Mart denied him of his civilian employment position as a cashier in Orange City, FL. Subject to certain limitations, USERRA requires that individuals who leave their jobs to serve in the military be reemployed by their civilian employers in the same position that they would have held had they not left to serve.

Read the full Department of Justice press release.

Workplace weight discrimination rivals racial bias

Discrimination against overweight and obese people is as common as racial discrimination, according to a study by the Rudd Center for Food Policy & Obesity at Yale University.

Overweight women, in particular, report weight discrimination twice as often than overweight men in the workplace.

“These results show the need to treat weight discrimination as a legitimate form of prejudice, comparable to other characteristics like race or gender that already receive legal protection,” said Rebecca Puhl, research scientist and lead author of the study, which appears in the March 4, 2008 issue of the International Journal of Obesity.

The study compared self-reported weight discrimination to experiences of discrimination based on race and gender among a nationally representative sample of adults between 25 and 74-years-old.

Findings also reveal that women are twice as likely as men to report weight discrimination. Women also reported that weight discrimination in the workplace and interpersonal mistreatment due to obesity is common.

Currently, Michigan is the only state that includes weight and height in its anti-discrimination law.

Without any specific protections in state law, people claiming discrimination must show in court that their obesity is a type of disability, protected under state anti-discrimination law, according to Lillian Mojica, G.Neil Research Attorney.

Family issues top reason for “Mental Health” days

Some wise words from Michael Scott, the boss at Dunder Mifflin (from NBC’s The Office):

“Society teaches us that, having feelings and crying is bad and wrong. Well, that's baloney, because grief isn't wrong. There's such a thing as good grief. Just ask Charlie Brown.”

Well, there may not be such a thing as “good grief,” but grief and family issues do have an impact on employees in the workplace.

Just like calling in sick with the flu, many employees use unplanned absences for mental health days, according to a recent survey by ComPsych.

What exactly is a mental health day? When “you have no physical ailment but you know you can’t focus on the job” and need a day to re-energize, according to David Campbell, senior VP of quality and customers at ComPsych.

Generally, mental health days are unplanned and in response to a crisis at home or to prevent burnout at work.

Campbell advises employers to create a culture where it’s acceptable and encouraged to take vacations and unplug from work. Employees with too many vacation days saved up should raise a red flag and that the employee may not be taking needed time off.

“If you take regularly scheduled time off … it’s going to keep you sharp all the time,” Campbell said. “Take more than a day [at a time]; take those vacations on a routine, regular basis.”

Remember that having a healthy workplace environment includes mental health. Not all workplaces are the same, and you should implement policies and practices regarding mental health days that fit your situation.

What is your opinion on mental health days? Do you think it’s a legitimate excuse to take time off work, or just baloney?

Employee 401(k) loans on the rise

Increasingly more employees are damaging their financial futures by borrowing against their 401(k) plans. Retirement plan participants are taking out loans on their investments at an accelerated rate, as reported in Workforce Management.

Researchers from Boston College expect that the trend will continue and companies should expect to see more employee 401(k) loans this year.

With our country’s credit crisis and poor housing market, if they need the money, why shouldn’t employees take out a loan on their 401(k)?

The author of the Retirement Plan Blog explains why it’s a bad idea:

They’re losing the earnings on their accounts since there’s less money to invest.
The tax shelter advantage is lost since the loan is paid back with after-tax dollars.
The interest paid on the loan is not deductible since it’s considered regular consumer debt.
If the participant terminates employment prior to paying off the loan, the loan has to be repaid or it’s considered a taxable distribution with a 10% penalty tax if the participant is under age 59 1/2.

Some employees don’t even have the benefit of taking out a loan against their 401(k). Less than 50 percent of the workforce, ages 25 to 64, has any kind of defined benefit or defined contribution plan, according to the director of the Boston College Center for Retirement Research.

According to the research, of those eligible to participate in defined contribution plans:

89% do not contribute the maximum
20% to 25% do not contribute at all
45% do not rollover their investment when changing jobs

In companies that have automatic 401(k) enrollment, 86 percent of employees participate.

Automatic enrollment may not always be enough. Participants generally fail to increase the amount of their default contributions over time. According to the research, 61 percent do not increase their contributions above the default.

Educate your employees on why they should contribute to the company's 401(k) plan and coach them on how to effectively manage their money.

Free product and service listings at TrainingTime.com

TrainingTime.com, a new vertical search and shopping website, is offering free advertising opportunities for employee training and development solutions providers through September 1, 2008.

TrainingTime.com provides a one-stop resource for businesses to find, compare and select different types of employee training and employee motivational products within an intuitive, easy shopping experience. It also gives providers of training products and human resource seminars a highly targeted, engaged audience of professionals ready to buy.

“TrainingTime.com lets you shop for training products, classes for training consultants and employees, and the best business seminars the same way you’d shop for the latest electronics on familiar sites like PriceGrabber and Shopzilla.”

In addition to training providers, TrainingTime.com welcomes training consultants, professional speakers and meeting planners to promote their services — allowing them to explore new, faster ways to reach a more targeted audience.

Read the full press release here.

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