HR Forum

Proposed bill takes aim at 20-year minimum wage for tipped workers

For the past 20 years, the minimum wage for tipped employees has remained at $2.13 per hour.

Congresswoman Donna Edwards of Maryland hopes to change that. She recently introduced a bill (H.R. 631) that would increase the minimum wage for employees who live off tips to $3.75 an hour, eventually reaching $5.50 an hour. The bill is currently under review by the House Committee on Education.

A recent report, “Behind the Kitchen Door: Inequality & Opportunity in Washington, D.C.’s Thriving Restaurant Industry,” revealed that restaurant workers made, on average, $22,218 in 2009. In addition, nearly 90 percent of the workers reported that their employers did not offer health insurance.

Is your cube-mate super laid back ... or dead?

What a dead-end job.
There was stiff competition for the position.
She must have been dying for a promotion.

The puns are running amok over the story of a Los Angeles County employee who lay dead and slumped over in her office cubicle for an entire day before anyone noticed. Last seen alive at 9 a.m. the previous Friday morning, the 51-year-old auditor was found by a security guard doing his rounds on a Saturday afternoon. The woman most likely died from a stroke or heart attack.

Your first inclination may be to snicker, but the honest truth? This is absolutely horrible PR for the business, the woman's manager and the woman's coworkers. Instead of chuckling, HR managers and corporate leaders should be looking at this incident as a wake-up call.

What type of manager is so disconnected with his or her staff that an employee could pass away undetected? Even mediocre managers touch base with their employees daily, if just to say "Hi" or "Have a great weekend" on a Friday afternoon. And happy coworkers - team players - would certainly notice a neighbor in distress.

Focus is a great thing in the workplace, but not to the point of being clueless. We don't have to be best friends with everyone we share office space with, but social niceties go a long way. Take enough interest in the people around you that you'd recognize if they were in trouble ... certainly if they were unconscious! There is an opportunity for every HR professional in America to use this unfortunate event as a point of discussion regarding the level of interaction between managers and employees.

It's too easy to make light of this story, but the reality is this: Someone died while on the job and it took nearly 24 hours for anyone to notice. Could this ever happen in your workplace?

People say - and do - the craziest things in job interviews

HR professionals and hiring managers know that interviews can be stressful for even the most competent and composed applicants. After all, they’ve been on the other side of the desk before. Yet, there are certain scenarios that defy reasonable explanation and leave them scratching their heads in disbelief.

To prove our point, we’ve compiled a “Top 10” list of job interviews that went sour … and why:

1) “I had a candidate open his briefcase, pull out a package of cheese crackers and a juice box, and munch away on his midday snack while I was asking him questions. He said he’d had no time to eat because he was interviewing all day!”

2) “How about the guy who forgot dark socks to wear with his suit so he colored in his ankles with a black, felt-tip marker?”

3) “I’ve had numerous interviews where the person’s cell phone goes off and rather than apologize and quickly turn off the phone, the person checks the number. So rude.”

4) “When I asked this particular candidate (a 20-something with about five years of work experience) why she was looking to change jobs, she answered, ‘Well, I’ve been sitting around twiddling my thumbs for the last few months.’”

5) “My most unique experience was the candidate who told me he was abducted by an alien who told him to apply for the job – and to report what he learned back to his alien leaders.”

6) “I wished I had never offered this particular woman a cup of coffee because when she set the cup down on my desk, she immediately knocked it over and spilled the piping hot liquid all over my papers and files.”

7) “I’ve seen some interesting clothing choices through the years, but the best ever was the man who showed up in a powder-blue leisure suit, straw hat and flip-flops. And no, he wasn’t applying for a creative position or auditioning for a part in a play!”

8) “Granted, this particular candidate told me he wasn’t feeling well before the interview, but, about 15 minutes into it, he got this strange look on his face, jumped up out of his chair, and promptly threw up all over my office floor.”

9) “After the initial interview with an applicant, I explained the final step in the hiring process would be drug testing. She then responded, ‘Oh, what type of drugs do you want me to test?’”

10) “Before the interview even started, I had a candidate ask me to see where he’d be seated when he got the job. He said he needed to check out the space to make sure he’d have enough privacy!”

Uphold your role in the interview process

On the flip side, you don’t want to be the reason the job interview was a flop. When you’re responsible for interviewing applicants, take the time to define the job and its requirements, schedule interviews only after you’ve reviewed the resume and/or application (and can give the candidate your full attention), and steer clear of illegal interview questions concerning an applicant’s age, race, sex, disability, religion, national origin, pregnancy and any other protected classification.

And if a candidate tells you he’s fighting a bad case of the stomach flu, you may want to reschedule the interview!

With a detailed workplace policy, checking personal email usage is fair game

In an ideal world, your employees would use the Internet, e-mail, company-supplied cell phones and other electronic equipment for legitimate business only. No online shopping while on the job; no browsing nonwork-related websites for hours at a time; no e-mailing coworkers the latest joke or company gossip; and no texting friends and family on a company cell phone or pager. But we know better. For all the conveniences electronic equipment provides in the modern workplace, it also opens the door to abuse, which is why most employers monitor electronic equipment for inappropriate or excessive personal use.

But how deep can you dig? In most situations, that depends on your electronic communications policy – and the specifics of said policy. As a recent court decision revealed, precise wording matters. In Holmes v. Petrovich Development Co., LLC, an employee sued her employee for discrimination and retaliation. While developing its defense, the employer identified emails the employee sent to her attorney from her work computer using her personal, password-protected email account. Although the employee argued that the emails were off-limits due to attorney-client privilege, details in the employee handbook proved otherwise.

There, in black and white, were the following guidelines: (1) company computers are to be used only for company business; (2) employees are prohibited from accessing personal email on company computers; (3) the company will monitor its computers for compliance with the policy and thus might "inspect all files and messages . . . at any time"; and (4) employees using company computers to create or maintain personal information or messages "have no right of privacy with respect to that information or message."

Due to the explicit and prohibitive workplace policy (which the employee received and reviewed), the court ruled that the emails were not privileged and that the employer was entitled to use them in the case.

Lesson learned: Your employee handbook should include a well-drafted electronic communications policy that informs employees that there will be no expectation of privacy for personal business conducted on company equipment – and that your company may review e-mails, voicemails, web search history and other activity for any legitimate business purpose. The policy should also advise employees that use or misuse of company equipment violates company policy and is subject to disciplinary action. That way, your company is shielded from liability for reasonably reviewing employee communications.

New bill would require employers to grant time off to veterans on Veterans Day

The U.S. House of Representatives recently introduced a bill that would give veterans November 11 off for the Veterans Day holiday. If signed into the law, the bill would apply to employers with 50 or more employees, and employers could choose whether to offer the day off paid or unpaid. Also, employees seeking the time off would have to provide at least 30 days’ notice.

The proposed legislation is modeled after a law that already exists in Iowa. Supporters of the bill say veterans have earned the right to a day off that recognizes their service. Opponents, however, fear that the legislation would create a division between employees and put undue financial restraint on employers.

Check back here for updates on the status of the bill – and if it will require a mandatory posting in the workplace.

Reminder: OSHA Form 300A posting deadline right around the corner!

Just so the date doesn’t get away from you … OSHA Form 300A, Summary of Work-Related Injuries and Illnesses, must be displayed from February 1, 2011, through April 30, 2011. The form summarizes the number of on-the-job injuries and illnesses for the calendar year, as logged on the OSHA Form 300.

It should be posted in a conspicuous place by February 1 and remain on view through April 30 – in a location where it can’t be altered, defaced or covered by other posted material.

A few things to keep in mind:

=> Even if there weren’t any recordable injuries or illnesses in 2010, you must post the form with zeros on the “TOTAL” line.

=> Copies should be made available to any employee who might not see the summary (a remote employee who works from home, for example).

=> You’ll need certain employment information, such as the annual average number of employees and total hours worked in the calendar year, to determine incidence rates.

=> You should post separate summaries for each work site.

=> Your business is exempt if you employ fewer than 10 workers (and had no fatalities).

=> The form must be filled out and certified by a company executive as correct and complete.

In a weak economy, discrimination charges strengthen

Not good. Not good at all. According to a wsj.com article, workers filed a record number of discrimination charges against employers last year. And once again, the strained economy is to blame.

The number of charges filed with the Equal Employment Opportunity Commission (EEOC) climbed to nearly 100,000 – a 7% increase from the year prior and a 21% jump from 2007.

Joe Trauger, vice president of human-resources policy for the National Association of Manufacturers, a business trade group, explains:

"When times are good, people are happy and when they're not, they aren't. Anytime we go into a recession or the economy gets a little shaky the numbers seem to spike a bit.”

The fact that the EEOC has ramped up its budget and staffing may be contributing to the increase, as well. With more resources to work with, the agency is working harder to educate employees about their workplace rights while also making their services more user-friendly and accessible.

Apparently workers are getting the message. They’re quicker to recognize discriminating behavior and take legal action when they feel they’ve been wronged.

The message, then, for employers is to ensure a harassment-free workplace supported through clear workplace policies, strict adherence to anti-discriminatory labor laws, and ongoing employee and manager training.

New year, new tax forms - Get your updated 2011 W-4s now

It had a bit of a bumpy start in the new year, but the updated Form W-4 is now available.

Here’s what happened: The form released by the Internal Revenue Service (IRS) on January 3 (and published again on January 6) included an incorrect OMB number (located at the top right corner of the form). Soon after our own legal research department detected the error, the IRS released a corrected version of the form on January 7.

As you know, a Form W-4 must be completed by new employees when they begin a job to claim withholding allowances on income tax returns. A new Form W-4 is also required when a current employee’s tax status changes, such as with the birth of a child or a change in marital status.

You can get your updated Form W-4s here. We offer a variety of formats (paper, downloadable, state-specific, multi-pack sets, with imprint) and support materials (tip sheets, an informative W-4 Poster) to meet your business needs and help your employees avoid costly tax mistakes.

Enforcement kicks into high gear - Don't leave your compliance efforts idling!

After shoring up their resources last year, the Equal Employment Opportunity Commission (EEOC) and Immigration and Customs Enforcement (ICE) are flexing their enforcement muscles ... and planning to pack a punch in 2011.

Increased staffing and a sharper focus on enforcement will mean more audits, more investigations into complaints and more inspections in the months ahead.

The EEOC, for example, received a record-high of 99,922 discrimination charges in 2010. Yet because of the EEOC’s expanded resources, the number of pending charges dropped by 14 percent. And that’s not all: Greater claim-processing procedures resulted in the EEOC collecting an all-time high of $404 million from employers last year.

ICE is making its presence known, as well. Last year, the agency conducted more than 2, 200 employer audits, which led to 180 criminal charges. And immigration enforcement continues to be a priority for the Obama administration, with ongoing goals to conduct on-site inspections (particularly businesses that employ workers with H-1B visas) and expose illegal hiring practices.

In light of these recent statistics, it’s never been more important to prevent harassment and discrimination in the workplace (via clear policies, legally sound actions and attitudes, and regular training) and to keep scrupulous I-9 records on all employees. Otherwise, you could find your company on the receiving end of a discrimination lawsuit or I-9 audit.

If proposed NLRB rule is finalized, mandatory federal poster will follow

The National Labor Relations Board (NLRB) published a proposed rule last month that would require all private employers to post a notice informing employees of their National Labor Relations Act (NLRA) rights. According to the NLRB, the purpose of the proposed rule is “to increase knowledge of the NLRA among employees, to better enable the exercise of rights under the statute, and to promote statutory compliance by employers and unions.”

Comments on the proposed rule will be accepted through February 22, 2011; then the Office of Management and Budget has 90 days to review the comments and issue a final rule.

Check back here for updates on the proposed rule and to learn if a mandatory federal poster is released as a result (most likely by this summer).

Will they stay ... or will they go?

Lose 10 pounds … cut back on caffeine … learn a new language … get a new job. With the lifting of the recession and the ringing in of the new year, many employees are taking a long, hard look at their careers and planning their exit strategy. And a big reason for their departure may surprise you: lack of trust.

According to Deloitte LLP’s fourth annual Ethics & Workplace Survey, one-third of the nation’s employees will renew their job search as the economy revives. Approximately 48 percent of the respondents cite a loss of trust in their employers as a motivator for seeking a new job. At the same time, 46 percent blame a lack of transparent communication from their company’s leadership as a reason for looking elsewhere.

What’s going on here? And more important, what can management do to regain employee trust and pull back the curtain on the major decisions affecting the workplace?

While you can’t eliminate the economic uncertainties that linger even in the new year, you can invest in the mental well-being of your employees. Here are some steps in the right direction:

1. Create a clear sense of purpose. When budgets get cut and staffs downsized, employees often wonder when a pink slip is coming their way. Managers can allay fears by meeting with employees after a layoff or restructuring to revisit corporate and departmental goals. Remaining employees must understand they are critical to the ongoing success and profitability of your company. Meet regularly to share revised goals and expectations. Clearly define roles and responsibilities. And most of all, let employees know that “we’re all in this together.” Getting through challenging times is easier when everyone is working toward a common objective.

2. Get employees involved in what’s next. Once employees understand they are important to the ongoing viability of your company, encourage them to uncover and share ways to improve efficiency – to find a better way. If employees believe their ideas will be heard and implemented, they are more likely to go above and beyond. Attaching rewards to great ideas and sharing them corporate wide also cultivates an environment of value and security.

3. Dole out “thank yous” and compliments. When raises aren’t possible in tough economic times, it is imperative that leaders and managers increase their efforts to bestow positive praise on a regular basis. Heartfelt words of recognition and encouragement have a way of immediately lifting spirits. Look for ways to call out a job well done, whether it’s submitting an error-free report, staying on task with a high-profile project or working well with others on a team initiative. For most employees, being valued and praised for their hard work is just as important as a paycheck.

Previous posts:
Through thick and thin, it’s the people who matter most

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

The clock is ticking to process the new payroll tax cut for employees

Happy New Year, HR Forum readers! I hope you weathered every HR storm in 2010 with wisdom and finesse - and that 2011 brings you and your business continued growth and success. Check back here often for insight and guidance with the biggest challenges the new year throws our way. It's bound to be an interesting 12 months, with many twists and turns in the worlds of labor law, people management and HR. Together, we can tackle the toughest issues and map out the smartest solutions.

Now for the first topic this year ... taxes!

Thanks to the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, millions of employees will see a bump in their take-home pay this year. That’s because the recently passed Act provides a tax cut that reduces the Social Security (FICA) tax withholding rate from 6.2% to 4.2% of wages paid. For an employee earning up to the $106,800 taxable earnings cap, this 2% reduction amounts to a tax savings of $2,136.

While this is good news for employees, the change is putting employers in a bit of a bind to quickly implement the changes. The IRS is instructing employers to process the new withholding “as soon as possible in 2011 but not later than Jan 31, 2011.” If you accidentally process the payroll tax withholding at the higher 6.2% rate, you must reimburse employees the difference by March 31, 2011.

In addition to the reduced Social Security withholding, the IRS released new income-tax withholding tables for 2011. (The new law maintains the income-tax rates from recent years.)

Because employers and payroll companies must handle the withholding changes, employees won’t be required to take any additional action, such as filling out a new Form W-4

Please note: As soon as it is released by the federal government (usually in January of the new year), we will update the Form W-4 required by every employee to claim (or makes changes to) their tax withholdings.

Are you doing enough to prevent breaches of protected health information?

HIPAA violations can have serious legal consequences.

Case in point: A federal grand jury has indicted a former employee at the University of Pittsburgh Medical Center for allegedly stealing patient data. The defendant disclosed to other people the names, birth dates and Social Security numbers of patients – information later used to file false tax returns. The law carries of maximum sentence of 80 years in prison, a fine of more than $4.7 million, or both.

In another case, a former researcher at the UCLA School of Medicine has been sentenced to four months in federal prison for HIPAA violations. Upon learning that he was being dismissed from his job, the UCLA employee accessed the medical records of his superior and coworkers, as well as more than 320 patient records (many of them celebrities) during the following four weeks. Charges were filed in 2009 and the defendant pleaded guilty in early 2010 to four misdemeanor counts of illegally reading private and confidential medical records.

Not only do these cases demonstrate the long reach of HIPAA enforcement, but also the importance of bumping up security and other safeguards to prevent these types of medical data breaches.

What is a breach?

A breach occurs when 1) there has been “unauthorized” access, use or disclosure of “unsecured” PHI that violates the HIPAA Privacy Rule, and 2) the disclosure “compromises the security or privacy” of the PHI, which means that it “poses a significant risk of financial, reputational or other harm to the individual.”

What is “unsecured” PHI?

The rules define “unsecured” PHI as any information that has not been rendered unusable, unreadable or indecipherable to unauthorized individuals through the application of a technology such as encryption and destruction.

Encryption - Proper encryption should use an algorithmic process to transform data into a form that is meaningless without a confidential process or key (which also must be protected).

Destruction - Hard copy PHI, such as paper or film, needs to be thoroughly shredded or destroyed so that it cannot be read or reconstructed.

How do I protect my business?

To steer clear of HIPAA violations and breaches, you should:

Establish breach notification procedures and update policies - Develop guidelines for determining when a breach has occurred, who will prepare individual notifications, and when a breach will trigger a requirement for notice to the media or immediate notice to HHS. Amend your HIPAA privacy and security policies, too, to cover the security breach notification rules.

Maintain a breach incident log - Set up a system to log security breaches affecting fewer than 500 individuals, which you must file with HHS within 60 days after the end of the year.

Revise business associate agreements - Discuss with your business associates (and put in writing) when they should notify you of a breach by their organization, what information should be reported, and which party will issue the required notifications.

Train employees on proper procedures - Employees should understand when they have encountered a breach and how to report it. A successful training program will provide formal instruction on HIPAA-related policies and procedures, as well as build awareness through workplace postings and other employee materials.

Employee safety during winter's "big chill"

When the winds are howling, the snow drifting and the temperatures plummeting, your employees have more to worry about than “Jack Frost nipping at their nose.”

If forecasts hold true, this could continue to be an especially rough winter season for much of the country. Now is the time to step up your cold-weather safety training to ensure your employees work safely outdoors and are prepared for any winter-related emergencies.

For your employees at the greatest risk …

If your business involves construction, commercial fishing, maritime or agriculture, much of your workforce is directly exposed to the dangers of extreme cold. Meet your obligation under OSHA to provide a safe working environment by educating outdoor employees on cold-weather risks and guiding them on proper winter wear.

The two biggest health threats for your outdoor employees are frostbite and hypothermia. Alert them to the early signs of cold stress, and what they should do if they (or a coworker) show symptoms of either condition.

Frostbite occurs when body tissues freeze, most often affecting the fingers, toes, nose, cheeks and ears. It can permanently damage tissue and cause loss of movement in the areas affected. Early symptoms include numbness, tingling or stinging, aching, and bluish or pale skin.

Recommended first aid: Move the victim to a warm room or shelter; discourage the victim from walking on frostbitten feet or rubbing the frostbitten area, which can cause damage; and immerse the affected area in warm water.

Hypothermia occurs when body temperatures drop to dangerously low levels due to exposure to cold (as well as other factors, such as high winds, exhaustion and wet clothes.) Early symptoms include shivering, fatigue, loss of coordination and disorientation. In later stages, hypothermia can lead to bluish skin, dilated pupils, slowed pulse and even unconsciousness and death, if left untreated.

Recommended first aid: Move the victim to a warm room or shelter; remove wet clothing; warm the chest, neck, head and groin with an electric blanket, if possible; provide warm beverages; and keep the victim dry and wrapped in a warm blanket.

Keep in mind that these risks increase significantly in relation to the windchill factor. On blustery, cold days, the wind eliminates the thin layer of air that acts as an insulator between the skin and the outside air, which can cause a loss of as much as 80 percent of a person’s total body heat.

Even when conditions aren’t severe enough to cause frostbite or hypothermia, they may lead to other safety hazards for your employees. For example, a worker that loses feeling and dexterity in his hands may have difficulty handling tools, equipment and other materials, increasing the chance of an accident.

What they wear matters

The right clothing is a vital defense against the cold weather. While OSHA does not require you, in most cases, to provide cold-weather personal protective equipment (PPE) to employees at no cost to them, it’s certainly a good idea to inform them on what type of gear will safeguard them from the elements.

To prevent heat loss, employees should wear several layers of loose clothing and a durable winter coat that provides adequate insulation, sheds snow and wetness, and allows the escape of moisture from within. Thermal underwear is also recommended, along with wool socks, quilted or lined pants, waterproof, insulated footwear, wool knit caps or hat liners, and gloves or mittens.

Office feeling a little ho-hum? Wrap up the gift of employee morale

Between planning a cross-country vacation to visit Aunt Judy or navigating the nearest mega-mall for last-minute gifts, many employees find their focus dropping faster than the needles on a Fraser fir during the holiday season.

The floundering economy has many a staff crying, “Bah! Humbug!”, as well. Whether it’s due to weak, year-end sales or the company being forced to cancel the annual holiday extravaganza, employee morale may be in a slump. From G.Neil’s HR Library of interesting, insightful HR articles, I bring you some tips to boost employee morale during the holidays and keep energy levels high well into the new year:

Food. Food has a magical way of bringing employees together and putting everyone in a good mood. Throughout the year and especially during the holiday season, get employees together by holding bake sales for charity, organizing potluck luncheons or simply bringing in a bag of bagels.

Holiday cards. Business holiday cards are a simple and easy way for companies to show their appreciation for the hard work employees have put in all year long. Remember to go one step further and write a personal, hand-written message on the inside of the card for a special touch.

Compliments. Like a sweet treat, compliments have a way of immediately lifting our spirits and bringing a smile to our face. Encourage supervisors to compliment their employees regularly. It’s a free and easy way to improve employee morale not only during the holidays, but year-round.

Fun. Look for simple ways to lighten the mood at work. Hold whimsical contests, bring in pizza for lunch or make up playful celebrations, like “Favorite Team Jersey Day.” If the weather permits, buy some frisbees or footballs and take the action outside of the office. Keep your ideas simple, get everyone involved and have a good time.

Humor. Bring some laughter back into the office with a fun activity. For example, organize an office-wide event where employees hand out funny awards to coworkers and supervisors. Keep costs low by using common office supplies to create the awards. See how creative employees can get by using what they find in the supply cabinet.

The holidays offer a great opportunity to improve employee morale around the office. All it takes is a little ingenuity and some simple ideas. Don’t wait until January 2nd to get started - get going today!

DOL and ABA partner to help resolve wage-related complaints

In the first-ever collaboration between a federal agency and the private bar, the Department of Labor (DOL) and American Bar Association (ABA) will join forces to resolve employee complaints received by the Wage and Hour Division (a department that handles more than 35,000 employment-related legal complaints in a typical year).

Through an attorney-referral system, the new program will ensure more workers obtain legal assistance for complaints such as not getting paid the minimum wage, not being paid overtime, or being denied family medical leave.

As of December 13, complainants whose cases cannot be resolved by the DOL due to limited capacity will get a toll-free number connecting them to a network of state and local ABA-approved attorneys. If the DOL has already conducted an investigation, the complainant will receive the findings to share with the attorney who takes the case. The DOL also has established a special process to help complainants and representing attorneys obtain additional case details and documents.

According to DOL Secretary Hilda Solis, this collaboration “streamlines worker access to additional legal resources and builds on the Department of Labor’s continued efforts to ensure that employers comply with America’s labor laws.”

To learn more, check out the We Can Help area of the DOL’s website.

Be more safety savvy by educating employees on the latest CPR guidelines

As you know, the American Heart Association (AHA) recently released new CPR guidelines (see previous blog post) specifying that chest compressions come first, followed by clearing the airway and mouth-to-mouth breathing. The new guidelines also indicate how fast and how hard rescuers should push on the breastbone during compressions.

What are you doing to share this new CPR procedure with your employees? You play a key role in empowering your workforce with the latest safety guidelines. Satisfy OSHA’s requirement for posting essential safety information by hanging a current CPR poster in your workplace.

We’ve refreshed our Lifesaving CPR and Choking Posters to make it easy to keep your company up to date on the latest CPR technique. When prominently displayed, the boldly illustrated, laminated posters provide immediate access to the new CPR steps, possibly shaving seconds off a life-sustaining emergency procedure. Order now and save 10% off the regular price.

'Tis the season for sexual harassment training

In just a few festive hours, an employee can do or say something at the annual holiday party (see previous post) that could lead to a sexual harassment claim – and a legal mess that lasts long after the tinsel comes down.

To keep the good cheer in check and protect your company from a harassment claim:

Remind employees of your no-harassment policy. Redistribute the policy before the holiday party, and emphasize that all guidelines will be in full force, even if the party occurs off-site or after work hours. Be certain your employees understand that harassment can be verbal, physical or visual. The areas that could get someone in trouble at a holiday event are most likely verbal and physical harassment, including inappropriate comments, jokes, unwelcome physical contact, invading one’s physical space and offensive gestures.

Make sure all employees and supervisors have received sexual harassment training. If you haven’t conducted sexual harassment training in the past year, consider organizing a one- to two-hour session that covers definitions and examples of harassment, an overview of employee rights, and clear communication that the company will not tolerate harassment of any kind.

A few last tips …

Since you could be found liable for injuries caused by a drunken employee, consider not serving alcohol at all – or taking steps to limit consumption, such as providing a limited number of drink tickets for each employee, closing the bar well before the party ends or offering perks to employees who volunteer to be designated drivers.

Also, stress to supervisors the importance of setting a professional example, and that you’re counting on them to keep an eye on any employee antics that could get out of hand.

It's (work) party time! How to ring in the holidays without regrets

Whether a corporate-sponsored, semi-formal event or a group outing at a local watering hole, holiday gatherings are festive events, which can lead to careless carousing (especially when the eggnog is spiked).

That doesn’t mean employees can’t and shouldn’t have fun. They simply need to party smart. There is no other event on the corporate calendar that offers greater opportunity to be noticed - whether it’s as employee of the year or the guy who slow-danced with the table centerpiece.

Help your employees have a joyous and memorable-for-all-the-right-reasons corporate holiday season by encouraging them to follow these party pearls of wisdom:

1. Join the festivities. First and foremost, encourage employees to attend the event. Yes, it’s the holidays and everyone is busy but “no-shows” are noticed. At the very least, attending demonstrates that you’re a team member and not an outsider.

2. Dress appropriately. This is no time to be a jester in a court of kings. Don’t show up looking like you’re cleaning out the garage … or test the boundaries of good taste with clothes too tight, too short or too low. Do your best to blend and remember that how you dress matters.

3. Restrict the refreshments. Too many trips to the spiked punch bowl or open bar can lead to inappropriate words and actions. Limit yourself to one or two drinks, so you can leave the party with your wits - and reputation - intact.

4. Toe the line. Although employees are not officially on the clock, their conduct during on-site or off-site events should be the same: businesslike. Many a career has taken a turn for the worse due to loose lips, lapses in sound judgment and other embarrassing shenanigans. Keep it clean and keep it professional.

5. Expand your social circle. While it’s easier to hang out with your “regular” group of coworkers, a holiday gathering is a great environment for getting to know employees you don’t regularly interact with. On the flip side, don’t attach yourself to just one person and monopolize the conversation. Move around and mingle.

6. Limit “shop talk”. While you’re mingling with others, try to keep the business talk to a minimum. Instead, take advantage of the opportunity to get to know your coworkers on a more personal level. Be positive and stick with safe topics like travel, family, local sports and movies.

7. Be appreciative. Before leaving the party, make an effort to thank a senior executive. Not only is it proper etiquette, but it also gives you a chance to make a positive (perhaps even first) impression. Your politeness will be remembered.

Check out Friday’s blog post for some final tips from the HR front for keeping your holiday event happy and harassment-free.

Long-awaited GINA regulations clarify how to prevent genetic information discrimination

On November 9, 2010, the U.S. Equal Employment Opportunity Commission (EEOC) published the final regulations implementing the employment provisions of the Genetic Information Nondiscrimination Act of 2008 (GINA). Title II of GINA is designed to prohibit employment discrimination based on genetic information, specifically restricting employers with 15 or more employees from obtaining and sharing genetic information.

According to the EEOC.gov website: “The law forbids discrimination on the basis of genetic information when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment.”

Specifically, genetic information is defined as:

• Information about an individual’s genetic tests and the genetic tests of family members (including tests that identify a predisposition to a disease, such as breast cancer or Huntington’s Disease)
• Family medical history (often used to determine someone’s risk of getting a particular disease or disorder)
• Requests for and receipt of genetic services by an individual or family members
• Genetic information about an individual or family member’s fetus, or of an embryo legally held by an individual or family member through assisted reproductive technology

In addition to clarifying GINA’s prohibition against requesting, requiring or purchasing genetic information (including guidelines for legal Internet searches), the final regulations include a “safe harbor” provision protecting employers from liability when they use specific language warning individuals not to provide genetic information when submitting health-related information.

To ensure compliance, you should display the “EEO is the Law” posting that the EEOC revised in late 2009. With Poster Guard® Compliance Protection, you can be confident you’re communicating the latest mandatory GINA information via the Federal Easy-Post™ labor law poster. You should also update your employee handbook to include “genetic information” as one of the protected, anti-discrimination categories.

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