I recently presented material from our H1N1 Preparedness program to a group of Human Resources professionals and managers. As we discussed how employers should react in the event that employees ban together and refuse to work in the presence of a sick employee, a veteran Human Resources manager raised her hand and asked how non-union employers should respond. This is a common mistake many employers make. There is an assumption in the corporate world that employers that do not have established unions do not have to abide by the rules set forth in the National Labor Relations Act (NLRA). If there is any one law regularly violated by even the most experienced HR professionals it is the NLRA; and it is often broken in written policy. The most common violation is a written policy prohibiting employees from discussing their wages at the risk of termination. Confidentiality … [Read more...]
HR Compliance: Sexting – New Name, Old Game
What do Chris Brown and Rihanna, Congressman Mark Foley, former Mayor Kwame Kilpatrick and Ex-Miss California Carrie Prejean all have in common? Sexting has impacted their lives. Sexting is sending erotic messages or images via cell phone, whether it is to a recipient or posting them on the Internet. Anyone with a cell phone can potentially sext. Images and messages are distributed easily and instantly to a large body of people, making private interchanges public information. In the workplace, sexting presents a new form of sexual harassment. Workplace romance can present a distraction to all team members, reduce worker productivity, and create possible sexual harassment issues. Some businesses have chosen to bypass these issues by restricting cell phone usage during business hours. Workplace policies have been amended to adjust for misuses of these new technologies, … [Read more...]
Human Resources Compliance: Managing Employees During the Flu Season
Since introducing our white paper to help businesses prepare contingency plans for the ongoing flu season and impact of the swine flu, (Remove the Panic from the Pandemic -- H1N1 Flu Business Interruption Plan Preparation, September 2009) our human resources consultants have continued to receive calls and questions regarding specific scenarios taking place in the offices and work sites of our clients. In an effort to help others be prepared to address these issues before they happen, we’ve put together a list of commonly asked questions and their answers. Can we as the employer tell other employees if a colleague has been diagnosed with H1N1? We feel that they should know if they have had exposure. There are very valid arguments on both sides of the fence regarding whether or not to disclose this information. Officially, the EEOC has determined that an employer must … [Read more...]
Human Resources Compliance: Are you Ready for GINA?
Genetic Information Non-Discrimination Act (GINA) takes effect November 21 for Employers The Genetic Information Non-Discrimination Act (GINA), which went into effect for health plans earlier this year, becomes effective for employers on November 21. Genetic Information, as defined under the law, is information about: an individual's genetic tests; the genetic test of family members of the individual; and the manifestation of a disease or disorder of the individual's dependents, or 1st, 2nd, 3rd, or 4th degree relatives. Under this new law, employers: may not collect genetic information, except inadvertently, to comply with the FMLA or similar state law, limited to health care professionals if genetic services are offered by the employer (i.e., health screenings as part of a wellness program), to purchase documents that are commercially or publicly available, or … [Read more...]
Human Resources Compliance: Is Your Drug Policy Going to “Pot”?
My favorite part of this year's Emmy's award show was when veteran comedian Bob Newhart read the list of nominees for Outstanding Comedy Series and cautioned, "''Incidentally, if Weeds should win, it may take them a little longer to get up here.'' Taking their time doesn't seem to bother those in favor of the legalization of marijuana. A slow but sure trail for the past fifteen years has made a dogged path on the road to legalization for medicinal marijuana use. In 1973 less than 20% of Americans polled supported the legalization of marijuana; in 2008 the percentages in support were approaching 40%. Of course, support of legalization doesn't mean that it has become legal. However, the past two presidential administrations did not acknowledge state medical marijuana laws because they contradicted - and were therefore nullified by - federal laws. Current administration has taken … [Read more...]
HR Compliance: Dealing With “Textual Harassment”
What's the newest buzzword Human Resources and other business professionals need to be aware of? Textual harassment. Textual harassment is defined as harassing someone through texting, whether it is sexual, threatening or just undesired and relentless in nature. As the popularity and ease of constant and immediate communication has exploded, employers are finding themselves faced with a new source of liability. Of great concern is that some employees fail to recognize that just because inappropriate pictures or messages aren't spoken or shown in person, they can still be considered harassing. What can you do to protect your workplace? Our human resources consultants recommend the following guidelines: Be verbal. Train your managers and supervisors about this new form of harassment and the correct actions to take if they see or hear of inappropriate … [Read more...]
HR Compliance: Are You Ready When the Government Comes Knocking?
A recent announcement has a few human resources departments shaking in their boots. The federal government has announced they are cracking down on the hiring and continued employment of illegal aliens. How are they going to do this? By conducting surprise audits of I-9 forms. So what, you ask? Well, here's what...for every instance of failure to complete, retain or make available a requested I-9 form, the company can be fined up to $1100 per violation. For those companies found to have knowingly hired or continued to employ an unauthorized alien, penalties range from $375 - $3200 (each) for the first violation up to $4300 - $11,000 (each) for subsequent violations. Pretty serious stuff, huh? So what's a company to do? The first step is to conduct a thorough hr audit of your I-9 forms. You should make sure all of the necessary information is completed, the dates are within … [Read more...]
Human Resource Compliance: My Managers Asked WHAT??
One of the most interesting parts of my job is conducting hr seminars. I recently hosted an interviewing skills workshop where I met a woman who told me an incredible story. She had gone for an interview at a company and during the interview the manager said, "You talk like you are deaf. Are you deaf?" Holy ADA violation, Batman! I couldn't believe in this day and age someone, who absolutely should have known better, would ask such a crass, not to mention, "illegal", question. Not only did this manager set up the company for legal action, but the damage from a public relations standpoint is immeasurable. As human resource consultants, we have seen this happen too many times. Unfortunately, in a lot of cases our clients call us after an incident like the one above occurs and the organization is already in "hot water." What's your take away from this situation? Don't assume … [Read more...]
Human Resources Compliance: When Customers Cross the Line
It's been a normal day at the First Bank and Trust. You are getting ready to wait on your final customer and he is one of your favorites. Dr. Jekyll comes in every Friday and asks you to deposit his check. He is always friendly and likes to engage in small talk. Today he is particularly cheerful. He lays his paycheck on the counter and when you reach for it, he grabs your hand and tells you what beautiful eyes you have. Ok, a little weird, but flattering, and you write it off to your excellent customer service skills. While you are making the deposit, he continues to talk about how lonely he has been since his divorce and asks if you are currently seeing someone. Then he does the unthinkable - he asks you out on a date for tomorrow night! What do you do? Employees are frequently faced with the dilemma of how to deal with customers who cross the line. On the one … [Read more...]
Human Resource Compliance: Only Good Looking Candidates Need Apply…
I love my job. I have great coworkers, an awesome boss, beautiful workspace, and as any human resources consultant can attest, working in this industry provides many interesting and "strange-but-true" stories. A friend of mine contacted me the other day wanting my opinion on a situation in her office. She was tasked with interviewing and selecting candidates to be her boss' personal assistant. After reviewing the responsibilities of the position, her boss added he would only consider "nice looking and thin" women and not to bring him any "fat or ugly ones." Not being in HR, but knowing enough to understand personal appearance wasn't a bona fide occupational qualification, she was at a loss as how to proceed. Just when you think you've heard everything. While being less than beautiful and overweight are not protected classes, certain characteristics that areprotected could … [Read more...]
