In the contemporary workplace human resources are highly valued. Employers understand, employees make or break the success of a company and therefore seek to ensure employees are able to maintain a consistent level of productivity. The health and well-being of employees is important to the modern employer. Wellness programs are becoming commonplace within working environments. Wellness programs are implemented by a third party company that takes care of the health and well-being of employees within the company. Employee wellness programs vary from health screening and nutritional advice to fitness programs and education. Companies employ these third party agencies to try to offset the cost of rising medical cover for their employees. Wellness programs are designed to ensure the physical well[…]
in Texas, a human resource handbook serves as a manual guide of all the rules, processes and policies applicable to your employee at the workplace. If your staff needs to know leave and time policies, it should be found in the Texas HR handbook. If your staff needs to know information about the bottom line of the company, it should be present in the HR handbook. If you need the medical staff’s number at their fingertips, it should also be listed in the HR handbook. Moreover, a human resource handbook should contain detailed information about the benefits that the company provides to its employees. Since most companies have different leave policies, the information must be reflected in the human resource[…]
Human Resources Directors are often charged with hiring employees, ensuring that the employee is properly trained, and delivering the bad news when the employee is not working out. HR Directors are usually the last ones to know that a problem employee has now become the company’s worst workers’ compensation claim ever. Many managers assume that Human Resources and Risk Management are synonymous; they are not. The impact of HR decisions are often felt on the desk of the workers’ compensation adjuster, who can become embroiled in unnecessary litigation because someone did not weigh both the HR decision and the risk management exposure. Unfortunately, adjusters are often forced to manage the claim and manage the HR issues simultaneously. I often find[…]
What’s worse – hiring the wrong person or not hiring anyone at all? Companies can become almost desperate to hire someone, but filling a position with a “warm body” can be worse that leaving the position vacant. I once worked at a not-for-profit where a management position was vacant. The company was small, resources were limited, and they were having a very difficult time filling the position; they just couldn’t find the right person. Finally a gentleman was hired, but he only stayed a few weeks. He had taken the job even though he hadn’t really wanted it, and when another position came along, he took it. Ironically enough, he left right about the same time that his business cards[…]
Some of the challenges associated with traditional job descriptions is they capture roles, accountability, and requirements, as they are known at the time the description is written. As a general rule they are not directly linked to the organizations vision, mission, objectives, and metrics. If we are to maintain descriptors of the work should they (at a minimum) – Connect the work to the mission, vision, goals, and metrics? Be future focused, describing the work as aspirational? Include the collaboration required to achieve results? If you believe the answers are yes, then perhaps your organization should consider what I am going to call “Success Profiles.” As HR organizations continue evolving toward a focus on organizational performance, it is critical to[…]
What Makes an Independent Contractor not an Employee? How do you differentiate between an employee and an independent contractor? It’s a seemingly obvious answer, but in some cases the separation can become difficult. The classification can significantly change the type of contract between the two parties, as well as the tax structure, the type of insurance required and the benefits the worker may be entitled to. For employers, taxes and insurance are easier and more cost effective when hiring an independent contractor over an employee. However, if you are going to be a major contributor to the business, employee status offers greater benefits than working as an independent contractor. What is an independent contractor? An independent contractor is classified as[…]
Microsoft is one of the wealthiest and most successful companies in the world. Even more important, from a human resource perspective, is the fact that Microsoft is an employee-driven organization. While other organizations base their success on better manufacturing techniques, or better technology, Microsoft’s success is based on the effectiveness of their employees. Essentially, Microsoft value their staff and realize the importance of their staff. This focus on employees may, in the future, expand to all organizations. Microsoft then, is worth studying as an example of best practice in human resource management. This study will focus on Microsoft’s employee management methods including how they recruit and how they retain their staff. By looking at how Microsoft operate, there is opportunity[…]
Common Mistakes and How to Avoid Them in FLSA Compliance The Fair Labor Standards Act (FLSA) of 1938 was a monumental piece of labor legislation that forever changed the face of business in America. For one, it established a national minimum wage (25 cents) for the first time. For another, it mandated the payment of overtime wages for most employees who do not fall under certain exempt categories. Finally, it regulated child labor on a nationwide basis, another first. In fact, that legislation spawned the appearance of mandated labor law posters in the workplace. Then, as additional labor and employment laws were passed over the decades, including the landmark Civil Rights Act of 1964 and then the Occupational Safety and[…]
Employers are abuzz about a new acronym being discussed at the water cooler—“BYOD.” No, it doesn’t have anything to do with parties or beverages. It stands for “Bring Your Own Device,” and it signals the movement by employees to use their own cutting edge electronic devices at work.It sounds like a great idea. An employee who is tech savvy gets a new device—iPad, Smartphone, laptop—and wants to use it for work projects to be more efficient or to work remotely. Or even to ease the pain of juggling so many different electronic devices. So why not just hook them up to the network? That’s what many employers are doing. And they are doing so without thinking first and certainly, without[…]
The art of mediation–some lawyers have a gift for it right out of law school and some never seem to develop the skill. Most of us have to work at it. However, no matter your skill level, there are certain things that, if you are not mindful of them, will almost always blow up in your face. Below is a list of things that are sure to tank most every mediation. Unintentionally misrepresent the client’s position You can derail the mediation before it begins if you are not thoughtful and careful in discussing the mediation with your client and/or the other side. For example, if the plaintiff makes an opening offer and asks your client to participate in mediation, your[…]
You’ve almost certainly read about the girl who cost her father an $80,000 settlement by posting about it on Facebook. If you’ve been living under a rock, here’s the short version: The plaintiff reached an $80,000 settlement for alleged age discrimination with his former employer, but before the settlement is paid, his daughter posts “Mama and Papa Snay won the case against Gulliver. Gulliver is now officially paying for my vacation to Europe this summer. SUCK IT.” When the employer found out, it refused to pay the settlement, and the court agreed. This case provides a good example to employers, or any defendant for that matter, why they should include confidentiality clauses in settlement agreements. After all, one of the main purposes[…]
In a recent decision, Chamberlain v. UCBR, the state Supreme Court determined that a man under house arrest is still eligible for unemployment compensation benefits. In this case, the claimant was found eligible to receive unemployment compensation benefits, but was subsequently sentenced to sixty days on house arrest for driving with a suspended license. While on house arrest, the claimant was permitted to work, run errands and shop for Christmas. However, as a result of the claimant’s house arrest, he was informed that his benefits were suspended. Under unemployment compensation law, a claimant is not eligible for unemployment compensation benefits for any weeks of unemployment where the claimant is incarcerated. As a result, prior to this decision, as a matter of[…]
The Family Medical Leave Act is nothing new, and neither are the difficulties, issues and paperwork that comes with it. Most likely, at one point or another, the FMLA has caused a problem for you and your company. Maybe you had questions about paying an exempt employee when they take intermittent FMLA leave after using up all of their vacation and sick leave. Or maybe you had a “difficult” employee take FMLA leave just as you were getting ready to terminate them, leading to questions about when and how to go about the termination (or maybe you just let them go and are currently looking down the barrel of a retaliation lawsuit). The FMLA forbids an employer from retaliating against[…]
The Fair Labor Standards Act (FLSA) can cause a lot of difficulties for employers. Thankfully, once you have successfully determined whether each of your employees is exempt or non-exempt, you are done, right? Unfortunately not. Under the FLSA, you cannot base the amount of money you pay your salaried employees on the number of days or hours he or she works. In other words, you generally cannot deduct money from an exempt employee’s paycheck for time off work. But, surprise, surprise, there are exceptions to the general rule… You are permitted to dock an exempt employee’s pay: for a week when the employee does not perform any work for a day or days that the employee is absent for reasons[…]
Smoking has become a very important topic for employers recently. More and more employers, particularly in the healthcare industry, are refusing to hire smokers. This is by no means a recent development, as companies like Turner Broadcasting have been refusing to hire smokers for over twenty years. However, in the last few years, with rising healthcare costs, employers are seeing a ban on hiring smokers as a way to reduce costs. It is common knowledge that smokers are one source of high costs for many employers. According to the American Lung Association, smokers cost the economy over $193 billion each year, and employers could save an estimated $3,400 per year for each employee who quits smoking. Insurance rates are significantly[…]
The United States Department of Labor estimates that 30% of employers are misclassifying employees as independent contractors, which results in billions of dollars in lost revenue every year. Citing a desire to minimize losses in contributions to unemployment insurance funds, protect workers’ rights and “level the playing field” for employers that abide by the law, the DOL has launched the Federal Misclassification Initiative, where they are partnering with the IRS and a number of state governments to share information. The memoranda of understanding contain an agreement to share information, in order to determine when workers are being misclassified. The cooperative efforts will likely lead to multi-pronged scrutiny and enforcement proceedings. The initiative will ensure that a worker classified as an independent contractor[…]
When a Texas employee believes he or she has been discriminated against at work because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information under a number of federal laws, they can file a Charge of Discrimination with the Equal Employment Opportunity Commission. All of the laws enforced by the EEOC, except the Equal Pay Act, require an employee to file a charge before filing a job discrimination lawsuit. The employee must bring the charge within 180 days from the day the discrimination took place, or within 300 days if a state or local agency enforces a law that prohibits employment discrimination on the same basis. With allegations of age discrimination, the filing deadline[…]
When an employee believes that he or she has not been properly paid the minimum wage or overtime they may file a complaint for back wages under the Fair Labor Standards Act with the Department of Labor. The federal government set the minimum wage at $7.25 per hour. And when an employee works more than 40 hours in a week, he or she must be paid at a rate of 1 ½ times the regular rate of pay. However, it is important to note that not all employees are subject to the wage and hour rules of the FLSA. The FLSA only applies to non-exempt employees. The FLSA exempts an employer from both minimum wage and overtime pay for certain[…]
While many states, including Pennsylvania, have implemented laws the ban texting while driving, the federal government has also thrown its hat into the ring. The Occupational Safety & Health Administration (OSHA) has implemented a Distracted Driving Initiative, which will focus on texting while driving. OSHA calls upon all employers to ban texting while driving and remove any practice or policy that requires or encourages workers to text while driving. The first part of OSHA’s call to action is certainly easy to implement. Simply add a section in your employee handbook prohibiting texting while driving (and maybe take it a step further by prohibiting cell phone use in general while driving) and ensure that all of your employees are aware of[…]
Tax day is past, and now everyone can start worry about being audited. And while you may be worried about an IRS audit, you shouldn’t forget about the Department of Labor. The Fair Labor Standards Act gives the DOL’s Wage and Hour Division broad investigative authority to review employer records and conduct on-site inspections. Luckily, you can take some steps to prepare for a DOL audit and avoid a great deal of trouble (and expense) down the line. Review Job Descriptions You should be reviewing job descriptions periodically, just to make sure that the description matches the position. When conducting your wage and hour audit, you need to ensure that the people you are classifying as exempt are actually exempt.[…]