HR Forum

With summer comes warmer weather ... and more workplace risks

While most of us look forward to the longer, warmer days of summer, this time of year can pose unique challenges for many businesses – especially in the hospitality and entertainment industries. From dress code issues to properly managing a seasonal workforce, you need to be certain you’re towing the legal line during the summer months. This includes:

1. Planning around vacation requests so you’re sufficiently staffed. See Vacation Request & Approval Form (Calendar Format)
2. Preventing sexual harassment when clothing choices — and employee behavior — relax. See Harassment Training Program, “Harassment-Free Workplace: Take Control” and Gradience Handbook Manager software
3. Upholding legal dos and don’ts when hiring temporary summer employees. See The HR Answer Book
4. Understanding child labor issues surrounding teen employees. See SolveIt Now™ Answers to All Your Questions: OSHA Compliance
5. Making the necessary staffing adjustments when employees call out “sick”. See Yearly Vacation Planner
6. Keeping employees safe when the temperatures soar. See Extreme Heat Exposure Kit (Poster & Notifications)

Through thick and thin, it's the people who matter most

We talk a lot about employee morale on this blog. We stand behind the notion that happy, engaged employees are more positive, more productive and your most important resource. So when Robert Half Management Resources posed the question, “Which one of the following is the greatest lesson you have learned from the recession?”, we were pleased that the #1 response was, “Place greater focus on maintaining employee morale.” Ding, ding, ding – employee morale gets top billing!

Participating in the survey were 1,400 chief financial officers from a random sample of U.S. companies with 20 or more employees. The other top responses from the CFOs:

• Take decisive measures more quickly to avoid multiple rounds of cost-cutting — 22%
• Make sure we have enough staff to maintain productivity — 22%
• Implement more detailed succession plans — 15%

But back to employee morale. How encouraging that people in high places recognize the importance of employee morale – no matter how rough the waters. And let’s hope they’re not "all talk and no action" when it comes to this belief. We’ve said it before and we’ll say it again: Once the recession lifts, employees will remember how they were treated. Will your best employees stick around as the economy improves, or will they dust off their resumes and hit the job boards?

Happy employees are good business. “Without a motivated workforce and adequate staffing levels, companies can be ill-equipped to take advantage of improving market trends,” said Paul McDonald, executive director of Robert Half Management Resources. “They may also risk losing top employees as the job market strengthens.”

What about your business? Did you make employee morale a priority during the tough times of the recent recession? Are you confident that you treated your employees right … and will be rewarded with their continued loyalty?

Survey reveals heavy financial burden of class action lawsuits

Based on the sixth annual Workplace Class Action Litigation Report by Seyfarth Shaw LLP – a leading law firm handling complex employment litigation – employers should be aware of several key trends that occurred in federal and state courts last year:

• Class action filings seeking recovery for unpaid wages and 401(k) losses increased. More age discrimination and Worker Adjustment and Retraining Notification (WARN) lawsuits were filed, too, due to workers being displaced in layoffs.

• Wage and hour litigation outpaced all other types of employment-related cases, especially in CA, FL, IL, NJ, NY, MA, MN, PA and WA.

• The Obama Administration’s renewed focus on regulation and enforcement, mostly through the DOL and EEOC, continues to increase exposure for employers.

• Massive settlements were seen in several nationwide class actions, as plaintiffs’ lawyers pushed for greater damages. The top 10 employment discrimination settlements in 2009 totaled $86.2 million, while the top 10 wage and hour settlements reached $363.6 million.

Just one major, costly lawsuit could be devastating to your business. Stay on the right side of the law and reduce your risk with legally compliant products and services – from Poster Guard® Compliance Protection to the latest FMLA, FLSA, OSHA and HIPAA compliance materials.

OSHA cracking down on careless employers who endanger workers

In an effort to reduce the number of workers seriously injured or killed while on the job, the Occupational Safety and Health Administration (OSHA) recently developed the Severe Violator Enforcement Program (SVEP). The program will take aim at employers who “have demonstrated indifference to the OSHA obligations by willful, repeated, or failure-to-abate violations.” How they’ll do this is through increased and more aggressive worksite inspections, follow-up inspections and greater penalties for safety violations.

Employers of all sizes will fall under the scrutiny of the SVEP, with the following incidents drawing particular attention:

1) Fatality and/or catastrophe situations resulting in three or more hospitalizations or the death of an employee
2) Non-fatality and/or catastrophe situations where you’ve exposed an employee to one of the most severe workplace hazards, including “high-gravity serious violations,” such as fall hazards, combustible dust hazards and lead hazards
3) Hazards due to the potential release of a highly hazardous chemical
4) Any violation considered “egregious” (conspicuously bad or offensive) under current OSHA obligations

The consequences for an employer on the SVEP list are equally severe. First, if just one of your facilities has come under fire, OSHA may order a nationwide inspection of all your facilities. There will be mandatory follow-up investigations at every facility, and OSHA will publicize your citations and violations.

Then there’s the financial hit. Over the next couple of months, the maximum penalty for a violation causing death or serious physical harm will increase from $7,000 to $12,000 – and the maximum penalty for a willful violation will increase from $70,000 to $250,000. (Penalties have increased only once in 40 years, despite inflation.)

June is National Safety Month. Are you doing everything possible to create a safer, OSHA-compliant workplace? Meet OSHA safety standards and prevent injuries year-round with G.Neil’s training and compliance solutions.

Don't let your employees leave without learning why!

What goes around comes around. According to MRINetwork, one of the largest recruitment organizations in the world, employers should expect as much as a 50% increase in employee turnover as the economy picks up again. So while it's good that you'll be able to lift your hiring freezes in the coming months, it's not so great if you find yourself saying goodbye to quality employees walking out the door in search of greener pastures.

When it comes to employee turnover, parting can be such sweet sorrow ... AND a unique learning experience. That is, if you take the time to conduct an exit interview and find out why an employee is packing her briefcase and hitting the road.

“Most companies routinely conduct exit interviews,” said Tony McKinnon, president of MRINetwork, “but unfortunately few of them use the information they garner for the company’s benefit. And yet, a poorly delivered exit interview can affect the morale of the existing employee population and undermine the company culture.” WorldatWork.org

McKinnon adds that the primary aim of the exit interview is twofold: 1) To learn the reasons for the person's departure, on the basis that criticism is a helpful driver for organizational improvement; and 2) to allow the organization to transfer knowledge and experience from the departing employee to a successor or replacement.

In other words, ask probing questions to find out the good, the bad and the ugly from the departing employee (and be prepared to listen when the news is less than flattering) and then, use that information to improve upon the position (and the corporate culture) for the person filling the departing employee’s shoes.

For additional direction, check out the article, Exit Interviews Reveal What Went Wrong in the G.Neil HR Library. From the article:

It’s important to gather profiling data on employees such as age group, length of time employed, department, division, and job classification or title. This information helps you identify the typical high-risk turnover candidate.

Understandably, most employees won’t want to level with you about their reasons for leaving. Some are merely ill at ease; others may fear reprisals from ex-supervisors. Nevertheless, you’ve got to encourage them to supply enough details to let you pinpoint the main reasons why most people are quitting. It’s the only way to get to the root of the problem. Your discussion should focus on these topics:

• Salary
• Benefits
• Opportunity for advancement
• Training
• Relationship with supervisor
• Relationships with coworkers
• Reasons for leaving that aren’t related to the job or company

Help put the brakes on distracted driving

Last Friday (April 30) was the nation’s first “No Phone Zone Day,” developed by Oprah Winfrey and Harpo Studios to build awareness around the deadly habit of distracted driving.

Did you know that distracted driving – or talking on your cell phone or texting while driving - takes the lives of nearly 6,000 Americans a year? With the support of the U.S. Department of Transportation (DOT), the National Highway Traffic Safety Administration (NHTSA), the Governors Highway Safety Association (GHSA) and other leading transportation safety organizations, individuals and companies are taking a stand against cell phone-related auto accidents.

“I’ve made it my mission at the DOT to end distracted driving,” says U.S. Secretary of Transportation Ray LaHood. “We know that if we can get people to put away cell phones and other electronic devices when they are behind the wheel, we can save thousands of lives …”

Bottom line: Your company could be held liable for an employee causing an accident while using a cell phone in a company vehicle, or while conducting company business in a personal vehicle. Raise awareness and communicate your policy with our Texting While Driving Poster and Policy Kit. Or download and print a Text Messaging and Cell Phone Use Policy now for immediate use.

To learn more about the dangers of distracted driving and what you can do - personally and professionally - to curb it, check out the No Phone Zone website.

Previous post:

Texting while driving a big no-no for federal employees – But how will it be enforced?

Unpaid internships a "no-no" with Department of Labor

While job openings are certainly scarce during these recessionary times – and companies are looking for ways to cut costs - those aren’t excuses for doling out unpaid internships to young people eager to get a foot in the door. Federal and state regulators are concerned that employers are abusing internships and using them, in a sense, for free labor.

In fact, the DOL plans to crack down on employers who offer unpaid internships, taking the position that interns are entitled to wages under the Fair Labor Standards Act (FLSA). And to support that position, the previously flexible interpretations of whether or not to pay interns are about to get much stricter.

"If you're a for-profit employer or you want to pursue an internship with a for-profit employer, there aren't going to be many circumstances where you can have an internship and not be paid and still be in compliance with the law," said Nancy J. Leppink, director of the Department's Wage and Hour Division.

In general, for an unpaid internship to be lawful under the FLSA, the intern must be properly classified as a "trainee" rather than an "employee." To help you determine this, the DOL has developed a six-factor test.

Interns are likely to be deemed “trainees” if:

1) The training is similar to what might be offered in an academic institution or vocational school.
2) The training is for the benefit of the trainees.
3) The trainees do not displace regular employees, but work under their close supervision.
4) The employer derives no immediate benefit from the training, and occasionally the employer's operations may be impeded by the training.
5) Trainees are not entitled to a job at the end of the training period.
6) The employer and trainees understand that the trainees are not entitled to wages for time spent in training.

In the meantime, legal experts offer this advice: Assume that all unpaid internships are unlawful, and carefully tailor your training programs for new or prospective employees to avoid liability.

Previous post:

Unpaid internships: A rip-off or legitimate resume booster?

Are your job descriptions doing their job?

Job descriptions. You might not think they’re worth spending much time on, but that’s simply not true. Job descriptions are an important starting point when hiring and later, serve as your “road map” when managing the employee.

You don’t hire an employee based on generalities, so why should the description for a particular position be broad or vague? You’re looking for more than just a warm-blooded human who can read, write and sit through long-winded meetings, right? You have specific needs to be filled with each new position … and goals to be met by bringing that person on board … right?

An in-depth, carefully constructed job description lets you hone in on the skills, experience and education the job requires. With these details, your job postings will be more targeted, your interviews will be more targeted, and your selection process will be more targeted.

And down the road, you’ll save time and money letting a ho-hum employee go and replacing that person with someone more qualified – or investing in training to fill in the gaps and bring a ho-hum hire up to speed. Your appraisal process will be easier, too. When that first performance review rolls around, you can compare an employee’s contributions against the goals and objectives stated in the job description. There’s even the added benefit of legal protection, especially in cases where an employee may cry “that isn’t my job” when asked to do something.

Bottom line: An in-depth job description can help you make a better hire, while supporting the management and ongoing review of that hire.

So what does a well-written job description look like? Here are some guidelines:

Title. Give the job a title that fits the desired experience level and that indicates the rank within the company hierarchy (such as managerial, supervisory, clerical, etc.). Don’t use a title that is gender-specific. (For example, say “salesperson,” not “salesman.”)

Individual skills needed. Does the job require the use of certain equipment or computer programs — or some other specialized knowledge? List specific workplace qualifications, as well as broader qualities, such as “willingness to learn,” “customer service skills” and “team-playing skills.”

Responsibilities/duties. Describe the tasks the person will do routinely on the job, as well as the expected outcome. (For example, “Schedules building maintenance and repairs to ensure uninterrupted business operations.”)

Education or training requirements. Are specific degrees or certifications required for the job?

Minimum experience. What types of jobs will the ideal candidate have held previously? How many years of experience? Remember that more years of experience generally demand higher pay. Never refer to experience in terms of age. (For example, say “entry-level,” instead of “recent college graduate.”)

Work schedule. Will there be set hours? How many days a week? What type of flexibility is needed? Specify any environmental factors that may affect the position, too. (For example, excessive noise, high temperatures or outdoor work.)

Hiring and firing and the latest legalities along the way

In the HR world, two activities demand a lot of your time and attention – bringing new people on board, and letting people go. And not surprisingly, the recent recessionary crunch and temperamental job market have led to some legal changes that affect your hiring and firing practices. Here are some of the latest legal considerations – and the paperwork you need to stay on track.

Hiring – Claiming the payroll tax exemption under the HIRE Act

In a move to encourage recession-weary employers to hire again, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act on March 18, 2010. Under HIRE, qualified employers will receive two important tax breaks for hiring and holding onto previously unemployed workers:

A payroll tax exemption — An exemption from the 6.2% share of Social Security tax on wages paid to qualifying employees from March 19, 2010 through December 31, 2010

A new hire retention credit — A general business tax credit, up to $1,000, for each qualified employee retained for at least a year

You can now use the recently issued “HIRE Act Employee Affidavit,” or “Form W-11” to claim the payroll tax exemption. The main purpose of this form is to get qualified employees to state, by a signed affidavit and under penalties of perjury, that they have not been employed for more than 40 hours during the 60 days prior to beginning employment with you.

Take advantage of this exemption for newly hired, eligible employees with our Downloadable Form W-11.

For more information about the HIRE ACT, check out our HIRE Act FAQs.

Firing - Another short-term COBRA subsidy extension is in effect

In a now-familiar move with the COBRA subsidy, President Obama pushed out the eligibility date again. The bill extends the 15-month, 65% federal premium subsidy to employees laid off from April 1 through May 31, 2010. (The previous extension expired March 31.)

At the same time, President Obama urged lawmakers to pass legislation that would extend the COBRA premium subsidy to eligible individuals through the end of the year. While the Senate has cleared such a measure (Tax Extender Act of 2009), the House has not yet acted on it.

Inform employees of their COBRA rights with our Downloadable ComplyRight™ Initial Notification.

It's Earth Day! Tips for greening up your office

Today, April 22, 2010, is the 40th anniversary of Earth Day. The idea of devoting a special day to honor the planet began as a grassroots movement in the '60s and became an official U.S. observance in 1970.

For many of us, every day is Earth Day – an opportunity to reduce, recycle and reuse to lessen our impact on the planet. What’s more, the workplace can be just as much a setting for greater awareness and action as our homes, schools and communities.

To help turn your workplace into an eco-friendly oasis, let’s revisit some ideas we covered in a previous post:

Buy plants. Plants not only brighten up the workspace, but also improve the quality of the air in your building. Talk to your local nursery about which indoor plants would work best in your office.

Only print when necessary. Paper is one of the most wasted items in the workplace. When you want to print something, ask yourself if it is absolutely necessary to have a hard copy.

Print with eco-friendly ink. Soy-based toners offer an environmentally friendly alternative to the petroleum-based options. Using soy-based ink also increases the recyclability of paper, so that when you have to print, you know you’re doing it in the ‘greenest’ way possible.

Purchase recycled office supplies and products. From printer paper to the federal and state labor law posters on your walls, do your research and find the best recycled products on the market.

Consider using electronic forms. Electronic forms allow you to print out the documents you need, only when you need them. No more wasted stacks of unused forms the next time labor laws change.

Turn it off. Shutting off the lights when you leave a room is a simple way to make a positive impact on your energy costs. Take it a step further by shutting down your computer and switching appliances off when you leave the office at the end of the day.

Buy reusable utensils. Instead of going through boxes and boxes of plastic utensils every month, ask employees to bring their own from home or invest in a set of inexpensive silverware for the office. Switching to the real thing will not only reduce waste, but will also save you money.

Have any more ideas for going green at work? Leave a comment and let us know.

You've got mail? Save it for later!

So how many e-mails do you receive in a day? And how much time do you devote to these and other electronic intrusions?

According to an msnbc.com article, "Blunt the e-mail interruption assault", the average desk-bound worker loses 2.1 hours of productivity every day to interruptions and distractions, largely in the form of e-mail alerts, instant messages, buzzing BlackBerrys and cell phones. And the intrusions are nearly constant. Based on research by RescueTime, a firm that develops time-management software, a typical office employee checks e-mail 50 times a day and uses instant messaging 70 times.

And you know the next part: Time is money. Some experts estimate that e-mail overload can cost large companies up to $1 billion a year in lost productivity. The interruptions pull employees from the task at hand, chipping away at their attention spans, increasing stress and diminishing job satisfaction and creativity.

Then there’s the myth of multitasking. It’s not always the sign of a hard-working, hyper-efficient employee. Rather, science tells us that trying to tackle two or more thinking tasks at once (such as reading e-mail while on the phone with a client) taxes the brain, causes mistakes and can lead to burnout.

So what can you do to slow down the electronic onslaught and encourage employees to step out of their electronic bubble? Here are some suggestions:

=> A high-tech software company created Quiet Time, where the engineers work alone for four hours in the morning, with no message and phone contact allowed.

=> Companies like U.S. Cellular and Deloitte & Touche promote less e-mail use, encourage more face-to-face contact and have developed programs like “no e-mail Friday”

=> Put yourself on an electronic diet, only checking e-mails manually at your desktop and only three or four times a day at prescribed hours

=> Ask your staff to communicate with you by phone and to think twice before sending e-mail unless it’s important that the information be in writing (if you’re only checking e-mail a few times a day, your staff will learn not to expect an instant reply)

Making COBRA available for domestic partners, too

Losing a job is difficult enough. But even more disruptive is losing your health coverage. That’s why many people opt for COBRA to maintain their coverage after termination – protection and peace of mind for you, your spouse and your dependent children.

But what if you’re in a gay relationship? Under current COBRA law, continuation coverage would not apply to your same-sex spouse or partner, even if you worked for a company that offered this level of health coverage.

Senator Barbara Boxer of California wants to do something about that. She recently introduced legislation – the Equal Access to COBRA Act of 2010 - that would allow many domestic partners the same access to COBRA health coverage that married couples currently have.

COBRA coverage would apply to those companies that already offer health benefits to domestic partners and their children. (Currently, that amounts to more than half of Fortune 500 companies.) Domestic partners could also tap into the 65% COBRA premium subsidy that has been extended a couple of times under the Obama administration.

On her website, Barbara Boxer states:

“This is a question of fairness: Every family deserves access to health insurance, especially in this tough economy. This bill ensures that domestic partners and their families will have equal access to health coverage after a job loss.”

Boxer’s proposed bill is now with the Senate Committee on Health, Education, Labor and Pensions.

Hiring to get a boost with tax breaks for employers

With the economy crawling out of the shadows and showing signs of life again, so is hiring. We already learned that the U.S. economy posted its largest job gain in three years last month. And help is coming from the White House, too.

In a move to encourage recession-weary employers to step up their hiring efforts, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act in mid-March, 2010. Under HIRE, qualified employers will receive two important tax breaks for hiring and holding onto previously unemployed workers:

1) A payroll tax exemption - An exemption from the employer’s 6.2% share of Social Security tax on wages paid to qualifying employees from March 19, 2010 through December 31, 2010

2) A new hire retention credit – A general business tax credit, up to $1,000, for each qualified employee retained for at least a year

To support this hiring incentive and help employers claim the payroll tax exemption, the IRS has issued a draft form (“HIRE Act Employee Affidavit,” or “Form W-11”) to confirm that an employee is qualified. Keep in mind, though, that you can use another similar statement if it contains the same information as Form W-11.

The main purpose of this form is to get qualified employees to state, by a signed affidavit and under penalties of perjury, that they have not been employed for more than 40 hours during the 60 days prior to beginning employment with you.

Most eligible employers will then use Form 941, Employer’s Quarterly Federal Tax Return, to complete the payroll tax exemption claim – also available in draft form from the IRS.

And who is a “qualified employee,” you ask? That would be an individual who:

=> Starts working for you after February 3, 2010, and before January 1, 2011
=> Completes the signed affidavit
=> Is not replacing another employee unless that employee left voluntarily or for cause (such as downsizing)
=> Is not related to you

G.Neil will keep you informed about the HIRE Act and finalized versions of the related tax forms once they’re released. In the meantime, you can check out the FAQs on the IRS website.

When talk of health care reform turns ugly

Whether you support it or scorn it, it’s clear that the new health care reform law has hit a nerve with many Americans. In homes, restaurants, coffee shops and every meeting place in between, heated discussions about the intent and effect of the new bill can be heard. And like a couple of ill-tempered children squaring off on the playground, it’s not always pretty.

But what about the workplace? How far can employees take their political views while on the clock – and what if casual discussions escalate and cross the line?

As a blogger over at LegalWorkplace.com so aptly suggests ...

While you can’t request that employees couch all political discussions at work, you can step in if their water-cooler exchanges dampen their productivity or become nasty.

Bottom line: It’s completely unacceptable for any workplace conversation to intensify to the point of throwing around racial slurs or outright threats. More than that, it’s grounds for immediate disciplinary action. If you witness this (or are the target of such behavior), you should report it immediately to a manager or supervisor.

Most employers would be wise to remind their workforce to behave appropriately online, too. Facebook is not the place for respected professionals to “let down their guard” and spout off their political views. Again, it comes down to remaining calm and balanced, which some people struggle with when their political views are challenged. You never know who among your friends (and business associates) on Facebook is following your rants and questioning your integrity as a result.

Have you noticed more health care reform-related discussions in your workplace? Are employees keeping their emotions in check so healthy discussions don’t turn into harmful debates?

It's a good Friday for job growth, too

On this sunny Friday afternoon, I thought I’d pass along some equally cheery news from the job front:

The U.S. economy posted its largest job gain in three years in March.

More specifically, the Department of Labor said employers added 162,000 jobs last month – 123,000 of those by private employers.

"It's just the beginning of a rise in private hiring that will help sustain the recovery," said Stuart Hoffman, chief economist at PNC Financial Services Group."They're not big numbers, but they're welcome numbers."

And although some of the news in the report was mixed, I’d like to sustain your good mood with only these additional, upbeat details:

=> Manufacturers added 17,000 jobs, the third straight month of gains
=> Temporary help services added 40,000 jobs, while health care added 37,000
=> Leisure and hospitality added 22,000 jobs
=> Even the beaten-up construction industry added 15,000 positions
=> Plus, the average work week increased to 34 hours from 33.9

This recent report comes on the heels of data earlier this week that showed consumers are stepping up their spending, and manufacturing activity is growing at its fastest pace in more than five years. As they keep a close eye on the numbers, economists are hopeful that the nation will steer clear of a "double-dip" recession, where growth slows after a short burst.

"The stars are starting to align here," said Brian Bethune, chief U.S. financial economist at IHS Global Insight.

Does this job make me look fat?

We can now count obesity among the harmful side effects of the lousy economy and stressed-out working conditions. A study by the University of Rochester Medical Center focused on more than 2,700 employees of a large manufacturing facility in upstate New York – an employer that, like many others throughout the country, has experienced layoffs and its fair share of recessionary fallout.

The study revealed that chronic job stress, combined with lack of physical exercise, is a big contributor to weight gain. Alarmingly so. In the case of this particular study, up to 75 percent of the employees were overweight or obese. (Most of the study participants were middle-aged, white, married, highly educated (college degree or more), relatively well-paid (earning more than $60,000 a year), with an average of almost 22 years at the company.)

Stress, whether it’s coming from home, work, the daily commute and anything in between, hurts our health directly and indirectly. Directly, it affects the neuroendocrine system and can lead to the unfortunate storage of abdominal fat. Indirectly, it is linked to bad habits like scarfing down on double-fudge brownies and nachos, or plopping down on a cushy chair instead of hitting the gym.

For the New York workers, a typical evening after a day of stressful meetings and sitting at their computers was “vegging out” in front of the TV for two or more hours. During times of staff cuts, the vending machines were quickly cleared of the snacks highest in fat and calories. And certain workers claimed they didn’t take the time to eat well or exercise at lunch because they were afraid to leave their desks for too long.

"In a poor economy, companies should take care of the people who survive layoffs and end up staying in stressful jobs," says Diana Fernandez, M.D., M.P.H., Ph.D., an epidemiologist at the URMC Department of Community and Preventive Medicine. "It is important to focus on strengthening wellness programs to provide good nutrition, ways to deal with job demands, and more opportunities for physical activity that are built into the regular workday without penalty." (ScienceDaily)

The concern, of course, is that this upstate New York facility reflects the health of most American workplaces.

So what can you do to discourage your employees from “stress eating” on the job, de-prioritizing their fitness goals and feeling burned out?

Wellness programs that support healthy eating (and back it up with better snack alternatives at the cafeteria, food carts and vending machines) are a good start, as are walking programs, discounted gym memberships and onsite, stress-reduction workshops. Good health isn’t something you shut off at the start of another hectic workday. Healthier lifestyles should be encouraged at work, for the benefit of both the employer and the employee.

Related posts:

Obesity linked to more expensive workers’ comp claims

Wellness investment yields better than 1:1 return

Employees hit the road for National Start! Walking Day

Limited healthy snack options test workers’ waistlines

Breaks for breastfeeding workers under the health care reform act

Due to the exhaustive coverage in the past week and a half, most of us are well aware of the key changes that will occur under the recently signed Patient Protection and Affordable Care Act. But with all the attention the sweeping changes are getting, some of the smaller, less controversial, developments are flying under the radar.

Take breaks for breastfeeding mothers, for example. Under the new health care reform bill, employers covered by the Fair Labor Standards Act (FLSA), must provide “reasonable” breaks to mothers to express milk for their infants up to one year old.

The FLSA amendment also requires employers to furnish a private space, other than a restroom, for mothers to express milk. (Employers with fewer than 50 employees, however, may be excused from this requirement if it would “impose an undue hardship by causing the employer significant difficulty or expense.”)

While many states already require unpaid breaks and private areas for breastfeeding mothers, the health care reform bill will make it a federal requirement for employers.

For advocacy groups like the National Women’s Law Center, this is an important development for working women. As Kelli Garcia, a Fellow with NWLC and contributor to its blog, shares:

Not all mothers are able or want to breastfeed. Sometimes, it’s because there are too many barriers that make breastfeeding challenging for new mothers. Thanks to this law, fear of losing your job because you need to take a break to pump or fear of exposing yourself to your co-workers because you cannot find a private place to express breast milk will no longer be among those barriers.

Garcia adds that although it would be even better if employers were required to provide paid breaks for mothers to pump, the law is a step in the right direction.

In the meantime, lawmakers are working to define what is “reasonable” break time and appropriate private space, as well as the penalties for violating the requirements.

What about your company? Are you in a state that already requires this benefit to breastfeeding mothers? And if so, what have you done regarding scheduling and space to make these requirements a win-win for you and your employees?

Step up to the plate with your company's spring training

For two months every year, Major League Baseball teams gather in the sunny states of Florida and Arizona to work out the kinks and prepare for a new season. It’s a time to refine their skills, make adjustments to their mechanics and practice, practice, practice … all before opening day in April.

Is it time for some spring training for your company team? Do your pitchers, catchers and position players need to get off the bench and hone their techniques for competitive play?

To borrow some thoughts from the Training Time rule book, you should start with a list of last year’s training – taking a good, hard look at what worked and what did not. Consider:

=> Which two training classes or programs got the highest ratings from participants? Which two or three garnered the lowest participant ratings?

=> Which training programs had the fastest participant sign-up rate? Which had the lowest?

=> Which training resulted in the largest impact on your employees' behavior, performance or productivity?

=> Which training was a complete flop? This could be people falling asleep, disappearing after breaks, daydreaming, texting under the table, negative behavior not changing or truly awful evaluations by participants. Be honest. Even if it was your absolute favorite session, if it flopped, it flopped.

=> Which training was the hands-down best for 2009? Again, be honest. Maybe it was one you hated or it was a pain to put together. But it worked and it worked well.

Finding the common factors

Now review your list and pinpoint the things your really good training sessions had in common. (And, of course, the things your really bad training sessions shared.) Look at:

Technique - Was it a lecture, video, activity, panel discussion or brainstorming session? Define the way information was conveyed.

Topic - Categorize your training sessions into a few topics. Management skills, productivity, legal issues, etc.

Training location - Where was the training presented? In a conference room, on the factory floor, offsite?

Teacher(s) - Who presented? Was it an individual or a team?

Tools - What tools were used in the training? Computers? Game show-like elements? Toys? Paper and pencil?

Timing - When was the training presented? First thing in the morning or right before quitting time? Over lunch or during a busy time of day? And how long did it last? An hour? All day? All week?

The hard part is over: You’ve identified the superstars and the minor leaguers. Now it's time to make changes in your training game plan that will improve play and lead to more wins.

COBRA subsidy extended once again

It keeps going … and going ... and going.

The House recently passed legislation to extend the 15-month, 65% COBRA premium subsidy another month, until April 30, as well as emergency unemployment insurance benefits until May 5. (In early March, President Obama signed the Temporary Extension Act of 2010, which extended the COBRA subsidy until March 31 and unemployment insurance benefits until April 5.)

In the meantime, the Senate has passed a more comprehensive bill – the Tax Extender Act of 2009 - that would push these benefits out to year’s end, which the House is expected to pass. But if the vote comes after these latest deadlines have passed, another “stopgap” extender bill may be necessary.

Are you keeping your involuntarily terminated employees informed of these extensions, and their possible eligibility?

The Department of Labor (DOL) has released recommended language for communicating the COBRA extension to your employees. To keep things simple (and legally compliant!), check out our COBRA poster, employee notices and other recordkeeping resources.

Getting better versed about E-Verify

As you already know, E-Verify is the free, Web-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). It compares employee information from the Form I-9 against federal databases to confirm that new hires are legally authorized to work in the United States.

But do you know some of the latest developments surrounding this federal program? Here are the top four:

1) It is mandatory for federal contractors

As of September 8, 2009, all federal contractors and subcontractors (including those who receive American Recovery and Reinvestment Act funds) are required to use E-Verify to check a worker’s employment eligibility. The rule applies specifically to contracts of more than $100,000 and subcontracts of more than $3,000.

2) Nearly ¼ of our states require E-Verify

While largely a voluntary program, E-Verify is required for public and/or private employers in 13 states (ten through legislation and three through executive orders).

3) Participation in E-Verify is growing rapidly

More than 182,000 employers are currently enrolled in E-Verify, with more than 8.7 million queries generated in 2009. As of mid-January, the number of queries in 2010 had already reached 3.6 million.

In addition, the number of registered employers is growing by more than 1,200 per week.

4) E-Verify participants must comply with posting requirements

In addition to following specific procedures for new hires, E-Verify users must clearly display both the English and Spanish Notice of E-Verify Participation and the Right to Work Poster. Together, they explain the employer’s use of E-Verify and the rights of employees.

Keep in mind that even if your business outsources I-9 compliance and employment eligibility verification (and E-Verify is part of that process), you must display these postings in the workplace.

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