HR Forum

To Iraq and back - The legal rights of returning soldiers

As the U.S. wraps up combat operations in Iraq, the remaining 50,000 U.S. troops will be heading home and returning to work. Now is the time to brush up on your awareness of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and your legal responsibility to soldiers returning from military leave.

USERRA, which applies to both active duty and reserve members of the military, is the primary federal law governing the employment and reemployment rights of service members. USERRA requires you to reinstate employees upon completion of service; to grant the same seniority, status, pay and applicable benefits an employee would have earned if not called to duty; and to train or otherwise qualify returning employees for reemployment. Keep in mind, too, that when state and federal laws regarding military leave conflict, you must follow USERRA and provide the maximum advantages available.

USERRA requirements are tricky for many employers. In fact, a 2010 poll conducted by the Society for Human Resource Management (SHRM) revealed that only 9 percent of respondents were “extremely familiar” with USERRA, while 52 percent claimed to be “somewhat familiar” and an alarming 39 percent of respondents claimed to be unfamiliar with the law.

We can help. With our automatic poster replacement service, you can be certain you’re displaying the latest, mandatory USERRA information via the Federal Easy-Post™ labor law poster. G.Neil also offers an easy-to-read, downloadable E-Guide that clearly explains the USERRA regulations and your legal obligations.

Previous post:

Veterans’ Benefits Act of 2010 makes some changes to USERRA

Why it's just as important to dole out the praise as it is the pay

We’re all too familiar with the saying “Money can’t buy happiness.” Well, it seems this sentiment is as true in the workplace as it is in our personal lives. Just as a bigger house, car or flat-screen TV can’t define our happiness at home, neither can a bigger paycheck, bonus or raise at the office.

What does bring more satisfaction, according to a recent McKinsey Quarterly global survey, is praise from our superiors. Recognition and support go a long way toward boosting an employee’s self esteem, building confidence and enhancing performance. Those are huge positives that, thankfully, don’t cost your recession-challenged business a lot of money!

Salary isn't everything

Conducted in June 2009, the McKinsey survey garnered responses from more than 1,000 executives, managers and employees from around the world (and representing a range of industries).

The survey posed the question, “Which incentives do you find boost employee morale and productivity most?” The answers were:

• Praise and commendation from immediate managers – 67%
• Attention from leaders – 63%
• Opportunities to lead projects or task forces – 62%
• Performance-based cash bonuses – 60%
• Increased base pay – 52%
• Stock or stock options – 35%

As the report outlining the survey results explains: “The respondents view three noncash motivators … as no less or even more effective motivators than the three highest-rated financial incentives. The survey’s top three nonfinancial motivators play critical roles in making employees feel that their companies value them, take their well-being seriously, and strive to create opportunities for career growth.”

How to keep employees engaged

The results of this survey are good news for cash-strapped employers still crawling out from under the recent economic downturn. “There couldn’t be a better time to reinforce more cost-effective approaches,” explains the report. Money’s traditional role as the dominant motivator in the workplace is taking a back seat to more intrinsic benefits.

So how do you act on this important message and motivate employees to give their best? Here are some simple, low-cost employee recognition ideas to enhance job satisfaction and performance:

Make a note of it
A hand-written thank you note shows you valued a person’s work enough to take time out of your day to acknowledge it. It’s a simple gesture with great impact. For even more impact, mail a card or letter home so the employee can share the praise with family members.

Point out employees publicly
Use a public forum, such as a staff meeting, to recognize excellent performance, so an employee’s moment in the spotlight is shared with others. Look for other creative ideas for employee recognition, such as company newsletters, intranets or even articles in local newspapers.

Little things mean a lot
It’s great to recognize the "big wins," but it’s also important to call attention to the everyday achievements. Reward employees for their “quieter” contributions with a thank you note and if the budget will allow, something extra like a store gift card, desktop award or free lunch.

Encourage peer recognition
Implement a program in which employees recognize one another. One version of this could be a "Pay It Forward" type of award in which the first employee who receives the award identifies the next employee who deserves the award.

Create a work environment that supports achievement
Display inspirational and motivational posters on the wall, introduce team-building or motivational games as a part of staff meetings, and provide occasional social events on company time to strengthen camaraderie among employees and management.

Keep in mind, too, that most employees enjoy new, challenging opportunities. Avoid micromanaging employees so they’ll gain a sense of control and mastery with their work, and involve them in (or have them lead) fresh projects that will expand their skills and stretch them creatively.

In a weak economy, FMLA claims strengthen

Claims related to the Family and Medical Leave Act (FMLA) jumped more than 10% this year, according to a report by FMLASource, an affiliate of ComPsych Corporation. The key reasons for FMLA absences are 1) personal illness/injury, 2) caring for a child, and 3) caring for an elderly relative.

Experts blame the struggling economy for the bump. “As companies continue to operate with leaner staffs in a slowly recovering economy, many workers are seeking FMLA job protection in order to take time off to care for themselves as well as family members,” says Jim Brown, vice president of FMLASource.

To counteract this trend, Brown recommends that employers beef up their support services, including Employee Assistance Programs (EAPs) and work-life initiatives, to address employee issues and reduce the length of FMLA absences.

A thorough monitoring and documentation process of claims is essential, too. To ensure tighter administrative control and to curb costs in a tough economy, rely on the ComplyRight™ FMLA Administration System. It includes all the forms and information you need to effectively manage FMLA requests according to the latest regulations.

Veterans' Benefits Act of 2010 makes some changes to USERRA

On October 13, President Obama signed into law the Veterans’ Benefits Act (VBA) of 2010. Through amendments to the Uniformed Services Employment and Reemployment Rights Act (USERRA), the VBA further protects service members from employment discrimination (including wages and benefits) and retaliation due to service.

Whereas USERRA excluded “wages or salary for work performed” in its definition of “benefit of employment,” the VBA references a 2002 court case to clarify that wages or salary are included in the definition.

The VBA will also utilize a multi-factor test to determine if a new, “successor-in-interest” company can be held liable for the USERRA violations of a previous company. (A modification to help prevent employers from dodging responsibility for their actions). The factors to be considered include:

• Use of the same or similar facilities
• Continuity of workforce
• Similarity of jobs and working conditions
• Similarity of supervisory personnel
• Similarity of machinery, equipment and production methods
• Similarity of products or services

The amendments are retroactive and apply to any USERRA violations that occur before, on or after the VBA’s enactment date.

Check back here to learn of potential updates to the federally required USERRA posting.

OSHA to set its "sights" on high-risk, non-construction worksites

OSHA recently narrowed down the high-hazard manufacturing, non-manufacturing and nursing home sites it plans to inspect under its 2010 Site-Specific Targeting (SST) program. Designed to direct the agency’s enforcement efforts to riskier workplaces, the SST program is OSHA’s primary inspection plan for non-construction sites with 40 or more workers.

The plan relies on OSHA’s 2009 Data Initiative survey, which collects injury and illness data from 80,000 private sector establishments in high-hazard industries in the previous year. The 4,100 workplaces selected for inspection were among 15,000 employers who received warning letters from OSHA in March, informing them they had twice the number of injuries and illnesses resulting in days away from work, restricted work activities or job transfers.

“Our goal is to prevent worker injuries and illnesses and save lives,” said Assistant Secretary of Labor for OSHA David Michaels. “The Site-Specific Targeting program helps OSHA focus its enforcement resources to high-risk employers who are endangering their workers' health and safety.” osha.gov

Even if your business wasn’t targeted for inspection, you should strive to meet all OSHA safety standards, prevent accidents, and properly document injuries and illnesses. The right OSHA recordkeeping forms and tools can help you maintain a safe, OSHA-compliant workplace.

The show must go on: Judge 'em for their talents, not their financial trip-ups

Sure, there was a time when she thought she could be a rock star. But the only thing that rose to the heights of her imagination was her credit card debt. Hey guitars and amps are expensive … and she really thought that next gig would be her ticket to stardom.

Her life looks a lot different now. All those unpaid bills – and her rock-star dreams – are both things of the past. Yet her previous credit history haunts her like that horrible performance in Poughkeepsie. Should her previous financial flops keep her from getting a job now?

Some employers say yes. And some legislators are out to change that.

Approximately 13 percent of employers surveyed by the Society of Human Resources Management (SHRM) said they run credit checks on all job applicants - with another 47 percent considering credit history.

Employers say they run checks to learn more about an applicant’s honesty and sense of responsibility. Lawmakers say the practice is unnecessary and keeps people in debt because their past financial problems prevent them from obtaining work.

Currently, lawmakers in at least 16 states have proposed outlawing credit checks. And late last month, the EEOC held a public meeting to address the use of credit history as a screening tool. With unemployment reaching such high levels throughout the country, there's growing concern that credit checks are unfairly excluding certain applicants from legitimate job opportunities. (Keeping our aspiring performer from earlier singing the blues when she should be pulling in a steady paycheck.)

Representatives from a variety of stakeholder groups shared their views at the public meeting. Chi Chi Wu of the National Consumer Law Center (NCLC), for instance, explained that credit histories create a “fundamental Catch-22” for job applicants during this time of high unemployment and high foreclosures. She adds: “You can’t re-establish your credit if you can’t get a job, and you can’t get a job if you’ve got bad credit.”

Other concerns expressed in the meeting are that credit checks:

• can negatively impact certain protected groups, including women and people with disabilities;
• are a poor, or unreliable, predictor of job performance; and
• are often inaccurate or riddled with errors.

It will be interesting to see how this issue plays out in the coming months. Personally, I feel that there a lot more reliable indicators of an applicant’s skills and trustworthiness than their credit history. I also know too many solid, hard-working professionals who fell victim to the real estate bust and economic downturn … and whose financial challenges play no part in their “hireability.” These people are not washed-up rock stars who need to turn in their mics and guitars.

In the meantime, remember that the Fair Credit Reporting Act (FCRA) requires employers to obtain an applicant’s written consent before requesting a credit report. And if you decide not to hire or promote someone based on details in the report, you must provide a copy of the report and let the applicant know of his or her right to challenge the report.

How to recover faster from a disaster

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

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

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

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

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

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

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

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

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

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

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

Put your plan to the test ...

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

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

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

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

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

Here are the 10 safety issues that made the list:

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

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

American Heart Association switches CPR steps under new guidelines

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

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

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

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

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

Employers can expect a spike in OSHA penalties under new policy

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

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

Among the other adjustments with the new policy:

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

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

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

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

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

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

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

Statistics underscore administration's tough stance on immigration enforcement

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

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

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

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

Previous posts:

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

10 tips for surviving an I-9 audit

That knock on your office door may be Homeland Security

7 ways to rev up employee reviews

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

OSHA gets involved to discourage distracted driving

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Stand up to workplace bullies

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

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

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

The top five tactics used by workplace bullies are:

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

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

Anti-Muslim sentiment rears its ugly head in the workplace

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

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

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

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

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

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

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

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

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

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

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

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