HR Forum

If employee engagement and retention are your biggest concerns, you're not alone

According to a survey from the Society for Human Resource Management (SHRM), employee engagement will be the biggest HR challenge employers face in the next three to five years.

The concern ranked "very important," topping the list for 69 percent of HR professionals. Close on its heels was employee retention (63 percent), followed by employee recruitment (53 percent) and culture management (51 percent).

Luckily, 80 percent of the HR professionals who participated in the survey also shared that their companies have an employee recognition program. This is good news because recognition can be a big factor in whether or not employees are "plugged in" and, as a result, loyal. It's all related: Recognition feeds engagement, and engagement feeds retention.

Looking for ways to motivate your employees? Here are 10 simple ideas to ramp up your recognition efforts:

1. Leave a handwritten thank you card at their desk.

2. Appeal to their sweet tooth. Chocolate, candy and cookies always do the trick.

3. Buy them a small gift certificate to their favorite coffee shop.

4. Invite them to join you for lunch.

5. Sit down with them and have a sincere, non-work related conversation.

6. Recognize a star employee’s recent efforts at a company meeting, and give the employee a personalized certificate to mark the moment.

7. Find small gifts for hard-working employees to keep at their desk. Anything from fun-shaped sticky notes to a smart-looking pen will work.

8. Create an event. Have a crazy hat day or favorite sports team day; give an award for the best dressed.

9. Bring breakfast to the office.

10. Call employees into your office to tell them what a great job they’ve been doing lately.

Remember what Zig Ziglar once said, “People often say that motivation doesn't last. Well, neither does bathing - that's why we recommend it daily.”

It’s up to you to motivate your employees on a daily basis. Even something as small as a thank you note can go a long way.

EEOC may extend recordkeeping requirements to GINA-covered entities

Today's post comes from G.Neil's HR News Weekly:

The Equal Employment Opportunity Commission (EEOC) is recommending an extension of the recordkeeping requirements under Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA) to employers and entities covered by Title II of the Genetic Information Nondiscrimination Act (GINA).

To clarify all those acronyms and numbers, what this means is this: The EEOC would like to update the current Title VII and ADA recordkeeping regulations to add references to GINA. According to the EEOC, the proposal wouldn't create additional documents or impose any new reporting requirements. Rather, it would extend the same record retention requirements under GINA that are imposed under Title VII and the ADA.

(As a reminder, Title II of GINA prohibits the use of genetic information to make employment decisions, while also restricting the acquisition or disclosure of genetic information by employers and other GINA-covered entities.)

The EEOC is accepting comments on the proposed rule until August 1, 2011. Check back here for updates.

Drawdown in Afghanistan: Are you ready for soldiers returning to work?

With Obama announcing that he will pull 10,000 troops from Afghanistan by December 2011 (and another 23,000 by the end of next summer), it's time to get up to date on USERRA.

If this makes you cringe a little, you're not alone. 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.

No more excuses! Only if you're thoroughly debriefed on the details of the law can you be certain you're giving returning soldiers every advantage in the workplace.

The rights of employed military members

USERRA is the primary federal law that provides employment and reemployment rights for members of the uniformed services, including veterans and members of the Reserve and National Guard. It prohibits employers from discriminating against employees in regard to hiring, firing, promotion, training or any other terms of employment based on past, present or future military service. The law:

•    Applies to all employers, regardless of size
•    Covers anyone in federal uniformed services, including full-time, part-time, temporary, probationary and seasonal workers on active duty, reserve duty, or in training
•    Also protects intermittent disaster response personnel

At its core, USERRA requires that you give employees a military leave of absence of up to five years. Employees who take a military leave of absence are entitled to accrue benefits based on seniority, to pay for continued health care coverage, and to participate in insurance and other benefits not based on seniority.

To be eligible for reinstatement, the returning veteran must notify you that he or she intends to return once military service is completed. The amount of time the veteran has to contact you regarding reemployment depends on the length of service:

•    For service less than 31 days, the individual must return at the beginning of the next regularly scheduled work period on the first full day after release from service (taking into account safe travel home plus an eight-hour rest period)
•    For service more than 30 days but less than 181 days, the individual must submit an application for reemployment within 14 days of release from service
•    For service of more than 180 days, an application for reemployment must be submitted within 90 days of release from service

The escalator principle

Remember: When a service member returns from active duty of five years or less, that individual is entitled to any increases in seniority, promotions, pay and benefits that would have been received had he or she never left – a legal concept known as the “escalator principle.” USERRA also requires that you provide any training or retraining necessary to enable returning service members to refresh their skills, thus allowing them to qualify for reemployment.

USERRA also provides protection for disabled veterans, requiring employers to make reasonable efforts to accommodate the disability. Service members recovering from injuries received during service or training are allowed up to two years from the time they completed service to return to their jobs or apply for reemployment.

It's back: Mandatory E-Verify law reintroduced in the House

Today's post comes from G.Neil's HR News Weekly:

If a recently proposed bill gains traction, all employers may one day be required to use E-Verify to check an applicant's eligibility to work in the United States. The Secure America through Verification and Enforcement (SAVE) Act is a bipartisan bill that was recently reintroduced in the House of Representatives. If implemented, the bill would create a four-year phase -in period for using E-Verify with potential and current hires, as follows:

=> Federal government, federal contractors and large employers with 250+ employees - within one year
=> Companies with 100 to 250 employees - within two years
=> Companies with 30 to 100 employees - within three years
=> All other employers - within four years

In addition to E-Verify compliance for employers, the SAVE Act would enhance border security and step up enforcement of existing immigration laws. Keep in mind that the bill is one of many versions of legislation introduced in the House and Senate since 2007, all which have failed to advance.

Even if you don't currently use E-Verify with your new employees, you still must confirm that they are eligible to work in the United States. Ensure you're up to date on the latest immigration laws, and fulfill mandatory verification requirements, with our Forms I-9 and other practical tools.

Previous posts:

New E-Verify tool helps job seekers verify employment eligibility

Getting better versed about E-Verify

USCIS issues User Manual to clarify E-Verify for federal contractors

The high cost of gas ... on our pocketbooks and our productivity

Soaring gas prices are a real pain. Not only on our personal finances ("can I afford this week's groceries AND a full tank of gas?"), but also on workplace morale. Not seeing the connection? The following article from G.Neil's HR Library sheds some light on the subject:

Most employers know about the impact of poor employee motivation, lacking of rewards or communication problems on employee morale and productivity. But have you factored in the price at the gas pump?

High gas prices are not only draining employees’ pocketbooks, but also their work productivity, according to Florida State University (FSU) researchers. In 2008, studies at FSU showed that the more employees must pay out at the gas pump, the more stressed they are at work, says Wayne Horchwarter, the Jim Moran Professor of Management at Florida State University’s College of Business.

Three years later, in an economy where job losses, underemployment and flat wages have hurt employee buying power even more, Dr. Horchwater's findings are even more significant. So what an employer to do?

Get creative with the high cost of employee commuting

The average commute time to work in this country is about 42 minutes. Double that to account for the trip home at the end of the day, and you have just under an hour and a half of non-productive employee time spent getting to and from work. And a lot of gas money.

For many employees, work means sitting in a an office or cubicle working on a computer monitor. So why all that driving? Habit. Tradition. Fear of loss of control. Maybe it's time to let those excuses go.

If your employees are suffering with the high cost of commuting, consider letting them work remotely two or three days a week. The savings in gas and auto wear-and-tear will feel like a raise to struggling employees. And your company will save on electricity, plus reap a reward in increase employee motivation and morale.

Flex your corporate muscles - and the schedule

In some businesses, being in a certain place at a certain time is critical. But does everyone have to start and end during rush hour? Offering employees the option of starting and ending before or after rush hour could save them money at the pump. Less sitting in traffic means a shorter commute and better gas mileage - a double win for employees hungry for fatter wallets and more time with family and friends. And a win for your company as employee motivation and morale starts to rise.

Pay salaries employees for work completed, not seats warmed

If a salaried employee comes in and works 14 hours on Monday, and 14 hours on Tuesday, and 14 hours on Wednesday, and gets everything on their plate completed, why are you making them come in on Thursday and Friday? Stop looking at work as hours on the job, or days of the week, and consider letting exempt employees work on a project basis instead. Apple, Google, Microsoft and other leaders in thought and technology work this way, so why not your company? Employees who are allowed to work on projects rather than hours report higher company loyalty, higher levels of employee motivation, and higher levels of productivity. And that doesn't even take into account the day or two a week of savings on gas and tolls.

If employee motivation matters, show it

When real buying power is dropping - and employee motivation and productivity is falling with it - employers need to address the problem. And when raises and bonuses aren't on the table, make sure something creative takes their place. Your business could depend on it.

Hurricane season is here! 5 tips to help you prepare

Today's post comes from G.Neil's HR News Weekly:

The 2011 hurricane season has officially begun … and the forecast isn’t pretty. Experts predict an “above normal” season with approximately 17 names storms and nine hurricanes (five coming in as a Category 3 or higher). If such predictions hold true, businesses can expect disruptions, whether from emergency response measures, power outages or actual damage to facilities.

To stay connected and prevent significant setbacks this hurricane season, you should:

1)    Invest in a back-up generator and stock up on batteries. If you’re unable to maintain electrical power, you’ll lose your Internet connection.
2)    Subscribe to a resilient, high-speed Internet service (such as satellite broadband) to secure communications between company decision makers and emergency operators, as well as to ensure your email, product orders and other essential information are maintained if your terrestrial network fails.
3)    Determine which applications and data are essential (such as emergency response plans, accounting documents and inventory logs). Then, back up the information regularly, and store it in a safe, dependable location. (Consider an off-site location, in case of flooding.)
4)    Keep one or more corded phones connected to a wall jack, so that you have telephone service in the event of an electrical-only outage.
5)    Do not hesitate to put your Web hosting provider on alert, especially if you suspect you’ll lose service for a long period of time.

Planning is key! To be certain your company is ready for a natural disaster (or other on-the-job emergency or hazard), follow the above tips and check out our emergency preparation and response items.

How the recently updated FLSA regulations may impact your business

On May 5, 2011, a handful of updated Fair Labor Standards Act (FLSA) regulations went into effect, according to the final rule published in the Federal Register a month earlier. While many expected these long-awaited revisions to address issues with the 2008 proposed rule, the final changes offer clarification more than actual new requirements.

The FLSA updates are especially relevant for employers who use the FLSA “tip credit” to meet minimum wage requirements, as well as those with salaried, nonexempt employees compensated under the fluctuating workweek payment method.

To keep you on track with the latest guidelines, here’s a summary of the key changes:

Tip credit – In general, the FLSA requires employers to pay employees a minimum wage of $7.25 per hour. However, a “tip credit” provision allows you to pay tipped employees below minimum wage, as long as the wage and the employees’ tips equal at least the minimum wage when combined. Under the final rule, an employer using a “tip credit” must inform employees of its use in advance, as well as explain the direct cash wage the employee is being paid and the additional amount the employer is using as a credit against tips received.

Tip pools – Regarding tip pooling (placing all tips in a common pool for disbursement), the pool can only include employees who “customarily and regularly” receive tips. If non-tipped employees are in the pool, you cannot take a tip credit and must instead pay the full minimum wage. Under the tip pooling provision, you must also:

•    Notify employees of any mandatory tip pool contributions
•    Only take a tip credit for the amount of tips each employee ultimately receives
•    Avoid retaining any of the employees’ tips for any other purpose

Fire protection activities – The final rule eliminates the “20 percent rule” for employees engaged in fire protection activities, such as firefighters, paramedics, emergency medical technicians, rescue workers, ambulance personnel and hazardous material workers. These individuals are no longer included among the exempt employees who may spend up to 20 percent of their working time on nonexempt, non-fire protection work. This 20 percent provision now applies to law enforcement personnel only.

Proposed changes that didn't make the cut ...

Just as significant as the new regulations that passed were those that didn’t. The DOL rejected a handful of proposals (or clarifications to existing regulations), including:

“Fluctuating workweek” method of calculating overtime for salaried, nonexempt employees – The fluctuating workweek method of overtime allows employers to pay a fixed salary to nonexempt employee whose hours vary from week to week – and to only pay the employee at a rate of one-half the regular hourly rate for any overtime hours worked in a week. Under an earlier proposal, bonus or premium payments would have been included in calculating the regular rate. This was dismissed, however, since critics feared it would lead employers to reduce fixed weekly salaries and shift the bulk of wages to bonus and premium pay.

Granting of requested compensatory time – Also dismissed was a proposal to allow public-sector employees to grant compensatory time requested “within a reasonable period” of the request, instead of the specific dates submitted. The DOL upheld its longstanding position that employees are entitled to use compensatory time on the dates they request, as long as it doesn’t cause undue disruption to the business.

Overtime exemption for certain employees – The DOL will not allow the following to qualify for an overtime exemption: service managers, service writers, service advisers, service salesmen, sellers of boats, trailers and aircraft, partsmen, and mechanics servicing trailers or aircraft.

Meal credits – Finally, the DOL will not permit an employer to count the cost of a company-provided meal toward the employee’s minimum wage, whether or not accepting the meal is voluntary.

Remember:
While many of these FLSA updates are specific to certain businesses and industries, others have more far-reaching application. Now is the time to carefully review the changes to ensure you’re in compliance with the latest rules.

Hiring illegal workers would be a costly mistake under proposed bill

Today's post comes from G.Neil's HR News Weekly:

If legislation introduced by the House of Representatives to amend the Immigration and Nationality Act passes, employers would face significantly higher fines for hiring illegal workers. The 10k Run for the Border Act (strange name, we know!) would increase the fines for knowingly hiring or recruiting undocumented workers (or continuing to employ illegal workers despite their undocumented status), as follows:

•    $10,000-$80,000 per violation (currently $250-$2,000)
•    $80,000-$200,000 per violation for employers with a prior violation (currently $2,000-$5,000)
•    $120,000-$1.6 million for repeat offenders (currently a minimum penalty of $3,000 and maximum of $10,000)

In another component of the bill, state or local law enforcement officials who assist in the investigation or prosecution of employers would be entitled to 80 percent of the fines paid by those employers. It follows that this sort of incentive would increase enforcement.

Check back here for updates on the proposed bill. (It should be noted that prior versions of this bill have been introduced in the past six years, but didn’t advance.)

In the meantime, be certain that you’re up to date on the latest immigration laws, and properly verifying the eligibility of all employees, with our Forms I-9 and other practical tools.

Psst ... Most Americans actually like their jobs

That's right! According to a recent Gallup poll, 87.5 percent of American workers say they are A-OK with their jobs.

Tipping the satisfaction scale are those who earn higher salaries and college graduates. More than 91 percent of people bringing in $90,000 or more a year are content with their jobs. (While this drops to 82.1 percent for people who earn less than $36,000 a year, this is still a strong showing). In addition, college grads are more likely to claim they're satisfied than those with less than a high school diploma.

Whites are the most satisfied of all racial groups, and there's no satisfaction gap between men and women. Guys and gals reported fairly equal levels of job satisfaction in the survey.

So if you're white, a college graduate and making close to six figures, you have every reason to whistle while you work!

You've gathered the absence data ... but now what?

Today's post comes from G.Neil's HR News Weekly:

You’re well-versed in the Fair Labor Standards Act (FLSA) time and pay laws, you keep careful records of each employee’s attendance and you’ve even identified your company’s biggest attendance issues. But that’s where it stops, according to a Liberty Mutual survey of 300 human resource and benefits professionals conducted in April 2011.

The survey found that employers are making the effort to stay informed and track attendance, but they’re not using the numbers to address the bottom-line impact of employees missing work. Specifically, 53% of respondents ranked compliance with state and federal leave laws as their greatest concern, yet nearly 50% didn’t know the cost of absence within their own workplaces.

That can be an expensive mistake! The U.S. Department of Labor (DOL) calculates that uncontrolled employee absence costs employers $100 billion per year, based on 2009 data.

“While employers are clearly aware of how important it is to comply with leave regulations — and are therefore tracking these leaves — many haven’t taken steps to use the data they collect to proactively manage absence and control the total financial impact on their companies,” says Heather Luiz, disability product manager for Liberty Mutual Group Benefits. insurancenewsnet.com

From at-a-glance tracking sheets to software, G.Neil offers a variety of practical tools to help you manage attendance, employee vacations, sick time and other time off.

Beyond the tracking, it's up to you to review the data and look for weaknesses in employee attendance. Is it a certain handful of employees who call in sick or come in late month after month? It may be time for these employees' managers to have a heart-to-heart talk with them about what is going on and what they expect going forward. If your attendance rules are clear and you enforce them consistently, this type of counseling shouldn't pose any problems.

Managing medical leave - and preventing FMLA abuse - can be a little trickier. In addition to the administrative side of FMLA leave (requiring leave request forms and medical certifications, for example), you'll need to track used and available FMLA time based on the latest federal regulations.

Dos and dont's for a successful, company-sponsored fundraising program

It’s been said, “Charity begins at home, but should not end there.”

Indeed! Charity fundraising within the workplace is an excellent way to support worthwhile causes while giving back to the local, regional and national community. At the same time, it offers distinct benefits to your employees who participate, including enhanced camaraderie and team-building.

So what does it take to build a successful fundraising program that raises valuable dollars AND employee engagement? Here are some important dos and don’ts to keep in mind:

Do choose charities and nonprofit organizations that complement your corporate culture. Which charities pair well with your company’s mission statement and overall image? Generally speaking, there are eight types of charitable organizations, including religion, education, foundations, health, public-society benefit, humanities, international affairs, and environment and animals.

Do survey your staff to determine which charities interest them most. Involving your employees in the selection process early on should boost the support for your fundraising efforts later.

Do your homework and only choose charitable organizations with a solid reputation and strong service record. Remember: Your company will be associated with the cause – for better or for worse.

Don’t neglect to set goals for your fundraising efforts. Your objectives might include raising a certain amount of money, volunteering a set number of hours, getting a certain percentage of employees involved or establishing your company as a community leader.

Do consider the various ways your company can raise funds, such as monetary donations, special events (like auctions, bake sales and walking relays) and contests. Securing monetary donations is probably the most common, where companies may choose to match employee dollars to raise even more money.

Do get your employees involved. Fundraising activities are a great way to connect employees and unite them on non-work related projects. You might be surprised at how energized employees become for certain causes and what they so willingly bring to your program.

Don’t overlook the resources required for certain fundraising activities, such as up-front expenses and the time employees will need to volunteer to coordinate and participate in activities. Be careful that events aren’t too disruptive or interfere with your company’s workflow.

Do celebrate your success. Talk up your efforts and achievements through social media channels like Twitter and Facebook, as well as on your website and corporate blog. Contact your local papers and radio stations, too, to share especially strong results.

No more pity parties ... time to throw a pizza party!

Ahhhh, the power of pizza. It's amazing how a fresh-baked pie, piled high with your favorite toppings, can make any gathering or get-together that much better. Recruiting a group of friends to help you move? Order pizza! Staying in to watch the big game? Order pizza! Hosting a backyard birthday bash? Order pizza!

Want to show 14,000 employees that you appreciate all their hard work and dedication? Order a truckload of pizza!

You heard that right. Men's Wearhouse Inc. recently arranged a surprise pizza delivery to every store across North America - to the tune of more than 42,400 pizza slices at 1,200+ store locations throughout the U.S. and Canada.

The reason? "The belief that our company should be a fun and rewarding place to work is central to our corporate culture," said Julie Panaccione, VP of Events, who coordinated the delivery. "Pizza was just one way to express our gratitude for each and every one of our associates' efforts."

The pizza extravaganza is another example of how Men's Wearhouse puts its money where its mouth is. It also throws annual black-tie parties, maintains on-site child care and offers fully paid work sabbaticals. The company, which was founded on the principle that it's more than "just a job," is obviously doing something right. Earlier this year, Men's Wearhouse made FORTUNE's "100 Best Companies to Work For" list for the 10th time since 2000.

Although I recognize that times are tough and that not every company can afford an all-out pizza blitz to reward its employees, I'm certain we can all learn something from this retailer's initiative. Whether it's a hand-written thank you note or a shout-out at the next company meeting, making an effort to single out and applaud your employees matters. That is, if employee motivation, employee morale and employee satisfaction matter. Human resource management means many things, but nothing will contribute more to your company's success than employees who feel necessary and needed.

And I repeat ... Nothing will contribute more to your company's success than employees who feel necessary and needed.

So you might hold the onions or anchovies, but don't hold the praise! For more ideas and insight on employee motivation, take a look at this article in our HR Library.

Survey reveals doubts that businesses are doing enough to prevent discrimination and identity theft

Today's post comes from G.Neil's HR News Weekly:

According to a recent survey of 1,000 people for the Chubb Group of Insurance Companies, approximately one out of every three Americans has concerns that businesses are:

•    Protecting employees from gender discrimination – 30%
•    Guarding employees from other forms of workplace discrimination – 32%
•    Shielding consumers from theft of personal information – 32%

Chubb executives offered an explanation for the survey results, as well as precautions for businesses operating in such a legally sensitive and tech-driven environment.

Pointing out that a record-high number of discrimination charges have been filed with the EEOC, Catherine Padalino, vice president and employment practices liability product manager for Chubb, advised, “ … employers should continually review and adhere to anti-discrimination and anti-retaliation policies and procedures, keep abreast of changes in employment laws and seek outside counsel when facing discrimination charges or considering employee layoffs.”

Regarding potential cyber breaches, Tracy Vispoli, senior vice president and Chubb’s worldwide cyber security liability manager, shared, “A company’s board of directors needs to understand the risk associated with the theft of employee and customer information. This is more than just an IT issue. Although companies can help mitigate the risk by following best practices, they also need to have contingency plans in place before a data breach occurs.”

Train your staff to prevent harassment and protect your business from legal claims with Harassment-Free Workplace – Take Control, an easy-to-use, four-module DVD training program.

What's credit got to do with it, anyway?

As we discussed in an earlier post, more than a dozen states are working toward banning credit and employment checks on job applicants. It's a move that has gained widespread support. In fact, in a public meeting held by the EEOC last fall, a group of experts examined whether it's even appropriate to consider credit history as a screening tool. The general consensus? With unemployment reaching record levels throughout the country, credit checks are unfairly excluding otherwise qualified applicants from legitimate job opportunities.They can negatively impact certain protected groups, such as women and people with disabilities; they are a poor, or unreliable, predictor of job performance; and they are often inaccurate or riddled with errors.

Here's the latest on the state front:

Maryland has joined Hawaii, Washington, Illinois and Oregon in curbing the use of employment credit reports. The Maryland Job Applicant Fairness Act prohibits employers from exploring a person's credit history as a condition of employment. Of course, there are exceptions for financial institutions and for a "bona fide purpose that is substantially job-related," such as for positions involving money-handling or other confidential job duties. And in those cases, employers must disclose in writing to the employee or applicant their intent to pull a credit report.

For Maryland employers, the law goes into effect October 1, 2011. Violations of the law are subject to fines up to $500 for an initial offense and up to $2,500 for repeat violations.

For the rest of the nation's employers not affected by state-specific screening guidelines, you may want to revisit your hiring practices - and determine just how essential (or necessary) credit checks are to securing qualified applicants.

Why accommodating nursing mothers is the right thing to do

In spite of the intensive coverage of the Patient Protection and Affordable Care Act signed into law last spring, many employers have overlooked a section that benefits breastfeeding mothers in the workplace. The federal law requires employers to provide mothers with "reasonable break time" and a private, non-bathroom location to express breastmilk during the workday (up until the child's first birthday).

Unfortunately, the lack of awareness is shared by employees. In a recent poll commissioned by Workplace Options, 57% of workers admitted to not knowing about the new law. Yet, 63% of respondents agreed that if an employer offered lactation support, they'd be more willing to work for that employer. This is especially true for hourly employees.

The takeaway, obviously, is to provide adequate workplace accommodations for breastfeeding moms.

"Employers must recognize what tools new mothers need to achieve work-life balance," said Dean Debnam, chief executive officer of Workplace Options. "New legislation is in place for nursing mothers in the workplace, but employers still need to find ways to support these employees in the office."

Is your workplace breastfeeding-friendly? Display a poster to let nursing mothers and other employees know you provide accommodations for breastfeeding.

Women continue to earn less than men - but why?

Today's post comes from G.Neil's HR News Weekly:

For all the professional gains women have made over the years, gender-based wage discrimination persists. This was a key finding in a public forum held by the U.S. Equal Employment Opportunity Commission (EEOC) in late April. The forum, which was attended by government and private-sector experts, was just one of 24 events the federal agency is sponsoring nationwide in April and May to bring attention to the problem of wage discrimination. The EEOC is a primary member of the National Equal Pay Enforcement Task Force, created by President Obama to “improve compliance, public education, and enforcement of equal pay laws.”

A representative from Catalyst – a nonprofit membership organization dedicated to expanding opportunities for women in business – expressed concern about the gender leadership gap that accompanies the pay gap. She shared that over 98% of Fortune 500 companies are led by male CEOs, and that women at these companies start off with salaries $4,600 less than men.

“ … studies show that a significant portion of the wage disparity cannot be explained by differences in experience, specific work performed, education or other nondiscriminatory factors,” said EEOC Chair Jacqueline A. Berrien. “This persistent disparity is a stark reminder that the EEOC’s work to end every form of sex discrimination in the workplace – including compensation discrimination – is still unfinished business.”

How to prevent unions from gaining a foothold in your workplace

The National Labor Relations Board (NLRB) has proposed a rule that would require all private employers to post a notice informing employees of their National Labor Relations Act (NLRA) rights. Simply put, the new workplace poster would communicate to employees their right to unionize under federal law.

And that’s just the tip of the iceberg. Unionization is a hot topic in the news right now, as we witnessed in the recent showdown in Wisconsin. State legislators asserted that the bill was necessary to reduce budget shortfalls, while public workers fought vigorously to preserve their collective bargaining privileges.

Although union membership is on the decline (falling to 11.9 percent of the nation’s workforce in 2010 and representing approximately 14.7 million employees), the events in Wisconsin highlighted the divide between workers, legislators and businesses regarding union activity.

As a responsible employer, what can you do to foster an environment where your employers feel respected and well-treated – and as a result, aren’t as vulnerable to unionization?

Strategy #1: Encourage Honest, Open Communication
Employees typically join unions because they’re dissatisfied with how management treats them, and they believe a union can improve conditions in the workplace. If your company is viewed as unfair or unresponsive to employees’ concerns, you’re opening an unwanted door to possible unionization.

That’s why clear and constructive lines of communication between management and employees are so important. To support an open-door communication policy, you should:

• Use meetings, workshops, bulletin boards and suggestion boxes to learn about employees’ needs and concerns
• Conduct a workplace survey to identify employee views on management, company culture and general working conditions
• Make appropriate information available to employees to avoid unnecessary speculation about the company’s position, financial standing or business objectives
• Allow employees to discuss wages, benefits and other working conditions with their coworkers, which the NLRA considers “concerted protected activity”
• Promote your open-door policy – and encourage employees to voice their concerns directly with management - through emails, distributed materials and even workplace postings, like our attorney-approved “You Have a Voice” poster

Strategy #2: Scrutinize Compensation and Other Benefits
Certainly, the economic recession has created a lot of budgetary belt-tightening for businesses. But no matter how tough the times, denying employees fair wages is a recipe for disaster. Now, more than ever, you want to be confident you’re compensating your workers fairly and setting wages at or above industry levels. Similarly, you want to check that you’re being consistent about the criteria used to determine wages, such as length of service and experience.

This is a good time to track other benefits related to your industry. In addition to decent pay, providing a robust benefits package can lead to more satisfied employees. Consider distributing a statement to each of your employees that summarizes the various benefits (both the obvious and the more subtle) he or she enjoys by working for your company.

Strategy #3: Train Supervisors on Proper Attitudes and Actions
Because your supervisors and managers are on the “front lines” in the workplace, it’s important to train them on how to address employee concerns and support open communication. Guide them on the skills they need to diffuse issues and resolve conflicts in their day-to-day interactions with employees.

At the same time, be careful about enforcing company policies fairly and uniformly. Employees are more likely to form a union if they feel their leaders take sides and treat certain individuals better than others. As an added precaution, carefully document any disciplinary actions to demonstrate compliance and appropriate response to the situation.

Employee or independent contractor? Proposed bill to target misclassification

Today's post comes from G.Neil's HR News Weekly:

Mistakenly classifying employees as independent contractors not only violates the Fair Labor Standards Act (FLSA), but it also deprives workers of certain rights.

The Payroll Fraud Prevention Act recently introduced in the Senate would take a firm stance against employers who misclassify workers. The bill would require employers to:

•    Keep records clearly indicating the status of each worker as an employee or non-employee
•    Notify workers of their classification as an employee or non-employee
•    Pay steeper penalties for misclassifying workers and violating their overtime and minimum wage rights

The bill would also provide protections to workers who are fired or otherwise discriminated against for trying to be reclassified as employees. Further, the DOL’s Wage and Hour Division (WHD) will conduct audits on industries that frequently misclassify workers.

In a press release, Ohio Senator Sherrod Brown stated,

“Intentionally treating workers as subcontractors when they really are employees is payroll fraud: it cheats workers, taxpayers and other businesses that play by the rules.”

Need help determining whether a worker is an employee or an independent contractor? Check out easy-to-use software for guidance.

Taking care of employees who are caregivers

As if the demands of balancing a full-time job and raising children weren't enough, many employees are facing an added strain these days: Taking care of aging mothers, fathers and other family members. For these employees, "caregiver" is just one more hat they must wear, and the daily juggling act can be exhausting.

So while you're accustomed to accommodating the needs of employees with young children (providing daycare benefits and flexible scheduling for doctor's appointments and school functions, for example), you might want to extend that generosity to employees with elderly parents, as well. It's not enough to be a "child-friendly" business, but an "eldercare-friendly" business, too.

As outlined in an online article at The News-Enterprise, thinking along these lines benefits companies and caregiver employees in many ways, including:

>> Easier to attract and maintain the best workers
>> Increased productivity by reducing stress on employees
>> Less employee absences and disruptions in the work schedule
>> Enhanced community image, which can attract new customers

For forward-thinking employers, recognizing the situation is the first step: Taking care of elderly or ill parents puts a significant financial and personal strain on employees. The next step, then, is to explore ways to ease the burden on these employees and offer valuable reinforcement. This might come in the form of:

Health and information fairs covering adult day care, nursing home evaluation, insurance issues and services like "meals on wheels"
Flexible work hours, including telecommuting opportunities and job sharing
An employee attendance policy that recognizes caregiving obligations and includes paid time off (PTO) that doesn't necessarily distinguish between vacation and sick days
Onsite caregiver support groups

The risk of ignoring the situation is great. According to a 1999 study by the MetLife Mature Market Institute, 16 percent of survey respondents indicated that they had to quit their jobs entirely in order to meet the needs of elderly parents. Many other respondents indicated that they passed up job promotions, training opportunities, or career-advancing projects because of their caregiving obligations.

Obviously, it makes sense to help those employees who are helping others. Otherwise, you could lose trained, highly qualified employees who feel caught between their obligations at home and at work.

Are your employees a good investment?

I know that no one likes to be thought of as "just a number" and that we talk a lot about morale, mood and other feel-good aspects of the workplace on this blog. But at the end of the day, a business needs to make money - and if its employees aren't contributing to the bottom line, there's a problem.

The term ROI - return on investment - is bandied about quite often in financial circles. But what if you applied this same formula to your company's personnel? How valuable is Ken, Katie and Karl to your business compared to the cost of employing them (salary, benefits and other company-provided perks)? Do your employees' contributions outweigh the cost of keeping them on board?

While it's not always easy to put a dollar sign on a person's efforts and achievements, it can be an interesting exercise - whether at review time or any time.

For example, is Ken in sales securing enough sales to cover his costs? While he may be pulling in great numbers, if his sales are spread around to multiple customers and require you to hire additional customer service representatives, his value isn't as strong.

Or how about Katie, the customer service advisor who's great with her team but moody on the phone? If her snarky attitude has caused a handful of customers to take their business elsewhere, her value suddenly drops. How much did each of these customers spend a year - profit that you lost?

Then there's Karl in the warehouse. He's a solid, hard-working guy, but a bit accident prone. In three years, he's been in two workplace accidents that involved lengthy and costly workers' compensation claims. Your investment in Karl, then, involves more than just his hourly wages.

When it comes right down to it, you're looking at the same qualities you typically consider: attitude and actions. The difference with ROI is whether those qualities are advancing the success of your business, making each employee a worthwhile investment. Ideally, your employees bring in a positive ROI, making your "personnel" portfolio as robust as your personal financial investments.

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