EffortlessHR Blog » Cathy Baniewicz

Moonlighting

Cathy Baniewicz — Thu, 01 Jul 2010 16:21:25 +0000

According to the Bureau of Labor Statistics, over 7 million – 5.3% of the labor force held more than one job. People work at multiple jobs for a variety of reasons. In today’s economy, people are often compelled to work two jobs just to make ends meet. Others may “moonlight” to gain skills in another profession.

What guidelines can employers set regarding employees working at other jobs?

Employment lawyers and consultants disagree on whether a specific policy addressing moonlighting is needed. Those not advocating a policy believe that job performance and conflict of interest policies cover the bases. Others say that a distinct moonlighting policy clarifies what the employer expects in this regard.

If you choose not to have a separate moonlighting policy, be certain that you address other employment in your conflict of interest, confidentiality or non-compete policies.

If the employee who is moonlighting is frequently absent, late for work, or generally doing sub-standard work, address this as a performance problem.

Banning outside employment totally could cause morale problems. It could also limit your talen pool when you are recruiting.

Important Note! The Family Medical Leave Act (FMLA) says nothing about what employees may or may not do while on FMLA Leave. if you don’t want employees moonlighting while on FMLA, be sure to include this in your leave policy.

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Top Ten Tips for Resume Writing

Cathy Baniewicz — Tue, 09 Jun 2009 18:01:07 +0000

We are all well aware that the job market is very tight and there are many people who are competing for the same positions. The first step in the process is for employers to review the resumes of people applying for a position. What are they looking for and what can you do to increase your chance of landing an interview?

1. Start with a clearly stated job objective or background summary. An objective works best when you can be specific as to the type of position you are looking for. If you are flexible and can consider several types of positions, the background summary may be the best way to highlight your skills and abilities.

Examples:

Objective:

Position as a Controller utilizing successful accounting and managerial experience.

Background Summary:

Experienced manager with excellent team abilities and strong leadershipskills. Enthusiastic, highly motivated and can be counted on to get the job done.Excellent communication skills with the ability to relate to all levels within an organization.

(Note: If you have your resume on your computer, you can change the objectiveand/or background summary to fit a particular position.)

2. A good resume sets forth your accomplishments. It should not be a list of jobduties. Employers want to know what can do for them and how you havecontributed in your previous positions. Begin each statement with an action verb and provided quantifiable information whenever possible:

Examples:

Increased sales by ___% each quarter for the past two years.

Developed a ___________program resulting in savings of $__________.

Served as team leader on a project which resulted in cost savings of $________.

Designed and implemented a performance appraisal program for six locations.

3. It is not necessary to list every job you have ever had. Employers are most concerned about what you’ve done recently and not what you did fifteen years ago. Listing many years of work experience could be a liability in competing with younger workers.

4. Do not list hobbies or outside interests unless they have a direct correlation to the skills and abilities an employer is seeking.

Examples:

The following could raise a red flag with an employer:

Hobbies; skydiving, racing – employer may consider you an insurance risk

However, if you a volunteer for a hospice program and you are applying toa social service agency, this could be a plus.

5. There is nothing magic about a one-page resume. In fact, if you have been inthe workforce for any length of time, it would be impossible to communicateeverything you have to offer in one page. Try not to go beyond two pages or your resume might not get read.

6. DO NOT FALSIFY your work history or education. More employers than ever are doing background checks and you will not get hired if you are found to be dishonest. The employer can terminate you at anytime if they find out your application and/or resume was false.

7. Use a quality bond paper, white, cream or grey. Don’t get cute or fancy withbold colors or graphics unless you are applying for a position in the arts. Do not include a picture!

8. Do not overuse bolding, underlining or mix fonts. Make sure your resume is easy to read and has lots of white space. Check and double check for spelling and typos. Using spell check is not full proof. For example, if you use the word their when you really meant there, spell check would not pick this up as the word is not misspelled. Have two or three people proof your resume. After you’ve been working on it awhile, you can easily miss something.

9. Make sure your contact information at the top of your resume is current. If you are using your cell phone, be sure your voice mail message is professional! You will definitely turn a recruiter off if your voice mail is offensive. When job hunting, do not have little children on your voice mail.

10. Seek professional help if you do not have good writing skills. It is well worth the cost as you only have one chance to make a good first impression.

One final piece of advice! When sending out your resume, you increase your chances of getting an interview if your cover letter specifically addresses how your background and skills match what the company is looking for. Do not use a one-size-fits-all cover letter. It will be obvious to the recruiter. Do your research and find out something about the company. You will truly stand out if you do this as most people don’t take the time to go that extra step.

Good luck and happy job hunting!

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Employee Turnover — Any Idea What It’s Costing?

Cathy Baniewicz — Wed, 22 Apr 2009 22:47:59 +0000

In today’s economy it is more important than ever to avoid turnover. Turnover is extremely costly. These are the factors you need to consider when estimating what the bottom line is when it comes to calculating turnover.

First, there are separation costs. Staff time, including the departing employee, in conducting the exit interview and preparing COBRA paperwork where required. Consider payout of paid time off (vacation) due to the employee as well as possible unemployment costs.

Don’t forget interim costs until the employee is replaced such as temporary or contract workers as well as overtime for current employees who take up the workload. Morale often suffers if current employees are expected to pick up the slack for an extended period of time.

Recruitment costs really add up! Staff time to prepare advertisements or website postings. Costs of advertising. Employment agencies fees – can be up to 3% of employee’s slalary. Executive search firms are much more costly.

Your calculations should also include staff time in:

Screening resumes and conducting telephone interviews
Contacting candidates and scheduling interviews. The more people involved the more time consuming this becomes
Interview costs – don’t forget to calculate the number of people involved in the process times their hourly rate.
Making the final decision – may inlcude a second or even third round of interviews
Conducting pre-employment testing
Background checks and preparation of pre-employment paperwork.

Post employemnt costs include:

Physicals and drug screening
Orientation costs
External seminars/training to bring the employee on board successfully
Time new employee spends getting to know the basics of his/her new job. These costs are no small matter for managerial level employees or other jobs requiring highly skilled or technical employees
Time managers and supervisors spend in training and coaching

Some costs are difficult to calculate. For example, how does one put a dollar figure on what it costs the company when a long-time employee who has great rapport with the company’s best customers leaves the organization? Not so easy, is it?

Here are some tips to avoid turnover

Take the time to hire the right person.

Make sure employees are properly oriented and welcomed into your company.

Train your supervisors in all areas of employee relations:

All policies and procedures enforced fairly

Employees treated with respect without intimidation or bullying

Select supervisors for their leadership and interpersonal skills

Salaries and benefits should be competitive.

Employees should be properly trained and offered opportunities for advancement whenever possible.

You can get more information on employee selection and retention by visiting our website.

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Assessments – Tools to Maximize Productivity

Cathy Baniewicz — Wed, 11 Feb 2009 16:54:06 +0000

It is critical for the success of a company for the right people to be in the right jobs. It is also important that the tools a company uses to make hiring or promotion decisions are reliable and valid.

There has been an increase in employment testing due in part to post 9-11 security, as well as concerns about workplace violence, safety and liability. Likewise, there has been an increase in discrimination claims based on background checks and other selection procedures.

The Equal Employment Opportunity Commission recognizes that assessments can be a very effective means of determining which applicants or employees are most qualified for a particular job. The use of assessment tools can violate federal anti-discrimination laws if the employer intentionally uses them to discriminate based on race, color, sex, national origin, religion, disability or age. The use of validated tests and other selection procedures can help avoid discrimination lawsuits.

EffortlessHR uses the Profiles International assessment instruments. These assessment tools are geared to all phases of employment from hiring, training, coaching and management performance. Profiles assessments are continually re-validated and updated. Their predictive reliability and validity scores are the highest in the industry.

As companies struggle to be more profitable during these tough economic times, it is important to hire, train and retain qualified individuals who are in tune with your company’s mission, objectives and values. The Profiles assessments are designed to help you make better human resources decisions.

For more information, click on the Assessments tab at www.effortlesshr.com or visit Employee Assessments

References:

Importance of an EEOC Statement (affinitycgi.com)
Punk Rock HR Secrets: Job Loss (punkrockhr.com)

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Americans with Disabilities Act Amendments

Cathy Baniewicz — Tue, 13 Jan 2009 18:04:10 +0000

The Americans with Disabilities Amendment Act (ADAAA)

Effective January 1, 2009 the law amending the Americans with Disabilities Act (ADA) goes into effect.

The Act retains the ADA’s basic definition of “disability” as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that these statutory terms should be interpreted.

There are three major changes to the current law.

1. The ADAAA prohibits employers from considering the effects of mitigating measures such as hearing aids, medication, prosthetic devices, etc. when determining whether someone has a disability. However, eyeglasses and contact lenses may still be taken into account.

2. The amendment expands the list of “major Life activities” to include:

caring for oneself, performing manual tasks, seeing, hearing, eating,sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, working and the operation of major bodily functions, such as functions of the immune system, normal cell growth and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.

3. The law covers workers whose employers discriminate against them basedon a perception that the worker is impaired, regardless of whether the worker has a disability. This protection does not apply to persons with short-term impairments. The ADA provides broad coverage to protect anyone who faces discrimination on the basis of a disability.

Employers should review their employment policies regarding disabilities and reasonable accommodations. Employers with lengthy, detailed policies which include definitions of what constitutes a disability should consult with legal counsel about whether any changes are necessary.

Managers should trained on the changes to the ADA’s definition of a person who is “regarded as” disabled. It is now possible for just about anyone with a non-temporary impairment to bring a charge of discrimination. Companies will probably receive more requests for reasonable accommodations due to the changes in the law.

For additional information go to the EEOC website:

http://www.eeoc.gov/types/ada.html

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What is the “State” of your Employee Handbook?

Cathy Baniewicz — Tue, 16 Dec 2008 17:58:49 +0000

With the New Year approaching and upcoming changes to laws regarding the Family Medical Leave Act, Military Leave Act and the Americans with Disabilities Act (ADA), it’s timely to review your handbook to make certain that it is current.

Why an employee handbook?

Handbooks can be valuable communication and employee relations tools.
They help maintain consistency among supervisors to avoid misunderstandings about workplace policies.
Handbooks help orient new employees and let them know what is expected of them.
Written statements of policies can help reduce the need for employees to seek out union representation in the workplace.
Clear work rules help support your disciplinary procedures and avoid discrimination charges.

DO’s

Handbooks should be written in a clear, organized and non-technical style to avoid excessive questions and errors in interpretation.
Every employee should receive a copy of the company’s handbook.
When introducing a new handbook or major revisions, the company should have a representative go over the material personally with every employee.
Have the employee sign an acknowledgement of receipt of the handbook which includes the statements that the handbook does not constitute a contract of employment; is not all inclusive and is only a set of guidelines; and that changes can be made to the handbook and policies at any time.
Keep your handbook up to date and notify employees in writing of any changes in policies and procedures.

DONT’S

Use terminology that could imply that the handbook is an employment contract, such as “permanent” empoyees — use the term “regular”.
Make statements such as “You will have a job as long as you perform your duties”. This implies a long-term or indefinite commitment.
Use “cause” of “Just cause” as it relates to termination. You may have to prove that termination is not overly severe and the violation merits termination.
Use excessive “legalese” which may upset or confuse employees. The handbook should be written in a positive manner.

The above recommendations are not all-inclusive of what needs to be considered in preparing your employee handbook. Some employers have lost discrimination cases because of poorly written handbooks. On the other hand, if you have been trying to avoid having a written handbook and are relying on unwritten policies, you might have a problem proving what your policies are in the case of a discrimination case.

We at EffortlessHR believe that an effective employee handbook is a foundation upon which you can build your organization. To assist you in this effort, check out our new venture, Effortless Employee Handbook Builder

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Final Rules – Newborns’ and Mothers’ Health Protection Act

Cathy Baniewicz — Wed, 10 Dec 2008 16:59:56 +0000

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Effective December 19, 2008, the final rules on complying with the Newborns’ and Mothers’ Health Protection Act of 1996 take effect.

The law provides protection on how long mothers and their newborn infants may stay in the hospital following childbirth. Group health plans and health issuers may not restrict benefits for a hospital stay following childbirth to less than 48 hours (96 hours following a cesarean section).

The issues clarified by the final regulations are:

1.) The attending provider determines that an admission is in connection with childbirth and when the hospital stay begins for purposes of applying the general rule. The provider will also determine when exceptions to the 48 or 96-hour rule will be made.
2.) ERISA-covered group health plans are required to comply with the ERISA notice regulations, whether insured or self-insured. Notice can be provided electronically in accordance with Labor regulations Section 2520.1-4b-.
3.) A state law exemption applies when a state law requires health insurance coverage in accordance with professional guidelines.

For additional information, go to the Department of Labor website:

http://www.dol.gov/ebsa/newsroom/fsnmhafs.html, or contact your insurance provider.

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November is National Flu Awareness Month

Cathy Baniewicz — Mon, 03 Nov 2008 19:31:05 +0000

Flu is a serious contagious disease. According to the Center for Disease Control and Prevention, more than 200,000 people are hospitalized for flu complications each year, 20,000 of these are children under 5, and 36,000 people die from flu annually.

What can employers do to reduce health care costs and protect employees from contacting the flu?

First and foremost, encourage employees to get the flu shot!

Offer flu shots on company premises as part of a wellness program.
Do your medical benefits offer flu shots with no deductible or co-pay?
Educate your employees — you cannot get the flu from a flu shot. The vaccine does not contain live viruses.

Send sick employees home

Review your sick leave/absence policy to ensure that it does not punish employees for being sick. Employees who feel that they will be disciplined will have strong incentives to show up for work no matter how sick they are.

Stress preventive measures

Make certain restrooms are properly stocked witgh soap, paper towels, etc.
The best preventive measure is to wash hands with soap and water often!
Be creative – have a contest for employees to design postgers for flu bug prevention.
Provide sanitizers and tissus in common areas.
Make certain the janitorial crew regularly sanitizes the phone, computers, door knobs, etc.

In case of serious flu outbreak

Minimize face to face meetings
Consider telecommuting as an option
Temporarily suspend the customary greetings of handshaking and/or hugging

Flu symptoms include fever — usually high — headache, extreme tiredness, dry cough, sore throat, runny or stuffy nose and muscle aches.

There is a website to check on the flu outbreak in your state: National Site for Flu Prevalence/Outbreaks

http://www.fluwatch.com/index2.html

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From Employed to Engaged

Cathy Baniewicz — Tue, 21 Oct 2008 16:27:26 +0000

Mary Weather is one of your key employees. The customers ask for her by name and she is one of your best team leaders. Today she comes into your office and tells you that she has accepted an exciting opportunity. You are taken aback. What happened, you ask yourself? Of course, you’ll have an exit interview, but it’s too late to save Mary,

Turnover is costly:

At least one and a half times an entry level employee’s salary – much higher for management level staff.
Affects other employees – someone will have extra work until the new person is hired
Delays the company in meeting its goals
Upsetting for the customers – they don’t like to “train” new people

The latest buzz word with regard to employee retention is “engaged”. Will we recruit another body to be “employed”, or do we want someone committed to the organization, “engaged”?

What are the characteristics of an engaged employee?

They love with they do – job content is the key
Engaged employees are leaders as well as team players
They have a positive attitude – enthusiastic for new opportunities
Engaged employees understand the importance of customer service
They are committed and will go the extra mile
Engaged employees are less likely to leave the company

What is the secret to building and maintaining an engaged workforce.

1.) Recruit carefully

Define the job – know what you’re looking for
Determine performance criteria
Don’t hire in haste! Leave the position open until you find the right fit.

2.) Make “Onboarding” meaningful

Appoint a coach or mentor to ease the new employee’s transition into the workplace
Communicate what is expected during the introductory (probationary) period and who the employee can go to for assistance
Little things mean a lot – have all the basics in place like computers, office supplies, business cards, etc.

3.) Provide opportunities

Employees will leave a job if it doesn’t offer career development and challenges
If you are a small company and promotions are not readily available, important project work that provides for skill development should be considered to keep employees motivated.
Offer opportunities for continued professional development, i.e., seminars, membership in professional organizations, etc.
Where possible, offer flexible work schedules/telecommuting. Today’s diverse workforce faces challenges regarding child care, elder care, etc. A flexible employer is an employer of choice.

4.) Get the Wrong People Off the Bus!

From Good to Great: Why Some Companies make the Leap…and Others Don’t by Jim Collins

advises employers to get the right people in the right seats, and to get the wrong people off the

bus.

People get frustrated with co-workers who do not pull their weight. Companied who tolerate

poor performance will drive off the good employees

5.) Senior Management

Needs to “walk the talk”. So often it’s do what I say, not what I do.
Make a decided effort to know the employees on an individual basis.
Identify and weed out poor supervisors
Communicate on many levels, not exclusively by e-mail and text messages.

6.) Also Important

Reward employee contributions – do this in creative ways and do it often!
Recognize the generational differences and provide opportunities for employees of all age groups to work together.
Conduct period employee surveys – CAUTION – do not ask for suggestions if you have no intention to do anything with the feedback. This doesn’t mean you must act upon every suggestion, but surveyed employees need to have their input acknowledged.
Make certain that your salaries and benefits are competitive.

Strive for an Engaged Workforce. Your turnover will be lower, your customers will be more satisfied and your profitability will increase!

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Political Discussions in the Workplace – Danger Zone

Cathy Baniewicz — Thu, 02 Oct 2008 13:00:10 +0000

Discussions regarding the Presidential Campaigns seem impossible to avoid. The media is bombarding us with information as this election year there are many “firsts” in our history. Freedom of speech is our right – but is it right to discuss politics in the workplace?

Politics, personal finances and religion are topics that are best avoided in the workplace. You cannot assume that because a person may share your views on sports, entertainment, books, etc., that they also share your political views. If you are unsure of your colleague’s views, it is best to avoid political discussion

Most companies do not have a formal policy for political discussions in the workplace. However, business owners, executives, managers and supervisors need to be particularly careful about debates and communicating their political views. Members of the management team should not put themselves in a position that could leave them vulnerable to discrimination lawsuits.

If a supervisor observes a discussion getting out of hand, he/she must manage the conflict before it escalates.

Do not campaign at work. If you are in management, it puts the employees in an awkward position, fearing retaliation if they don’t share your beliefs.

Do not base any employment decisions on a subordinate’s political beliefs.

Make sure employees understand that you expect everyone to honor diverse opinions, and beliefs. Many include the phrase “political affiliations” in their harassment policies.

Employees who repeatedly attack or scorn the political, religious or other beliefs of coworkers should be subject to progressive discipline.

Freedom of expression is a good thing. However, the discussion of politics, religion and differing beliefs must not be allowed to develop into workplace conflict.

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Privacy Compliance – Disclosing Health Information Has its Consequences

Cathy Baniewicz — Thu, 18 Sep 2008 18:12:48 +0000

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Some businesses are unsure how to handle privacy compliance in regards to HIPAA regulations.

The Health Insurance Portability and Accountability Act of 1996 has created more work for businesses in that they have to spend endless hours researching HIPAA regulations, training employees, rewriting contracts, internal documents, patient forms and policy and procedure manuals. If office administrators, practice managers or physicians are unsure how to handle privacy compliance, then there could be consequences which can include hefty fines.

The types of business entities that are affected by the law include, health plans, health care clearing houses, and those health care providers who conduct financial and administrative transactions (e.g., electronic billing and funds transfers) electronically. In order to ensure the security of personal health information, there needs to be privacy safeguard standards in place.

Entities may have the flexibility to design their own policies and procedures to meet regulatory standards. The requirements are flexible and scalable to account for the nature of each entity’s business, and its size and resources. Covered entities generally will have to:

Adopt written privacy procedures. These include who has access to protected information, how it will be used within the entity, and when the information may be disclosed. Covered entities will also need to take steps to ensure that their business associates protect the privacy of health information.
Train employees and designate a privacy officer. Entities will need to train their employees in their privacy procedures and must designate an individual to be responsible for ensuring the procedures are followed.

There are specific boundaries to keep in mind, and with some help businesses can learn to comply. For example, there must be accountability for the use and release of medical records, and companies need to ensure that health information is not used for non-health purposes. Penalties for entities that misuse personal health information include:

Civil penalties. Civil penalties are $100 per violation, up to $25,000 per person, per year for each requirement or prohibition violated.
Federal criminal penalties. Under HIPAA, Congress also established criminal penalties for knowingly violating patient privacy. Criminal penalties are up to $50,000 and one year in prison for obtaining or disclosing protected health information; up to $100,000 and up to five years in prison for obtaining protected health information under “false pretenses”; and up to $250,000 and up to 10 years in prison for obtaining or disclosing protected health information with the intent to sell, transfer or use it for commercial advantage, personal gain or malicious harm.

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ERISA 401(k) Violations Can Include Both Civil and Criminal Penalties

Cathy Baniewicz — Wed, 10 Sep 2008 14:51:47 +0000

According to the US Department of Labor, The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for retirement and health benefit plans in the private industry. ERISA requires that those who establish plans must meet certain minimum standards. ERISA requirements provide that those individuals who manage plans must meet certain standards of conduct. The law also contains detailed provisions for reporting to the government and disclosure to participants. There also are provisions aimed at assuring plan funds are protected and that participants who qualify receive their benefits.

ERISA confers substantial law enforcement responsibilities on the Department of Labor. Part five of Title I of ERISA gives the Department authority to bring a civil action to correct violations of the law, provides investigative authority to determine whether any person has violated Title I, and imposes criminal penalties on any person who willfully violates any provision of Part 1 of Title I.

When voluntary compliance is not achieved, the Employee Benefits Security Administration (EBSA) may refer a case to Labor Department attorneys for litigation. EBSA has authority under ERISA Section 502(c)(2) to assess civil penalties for reporting violations.

A penalty of up to $1,000 per day may be assessed against plan administrators who fail or refuse to comply with annual reporting requirements. Section 502(i) gives the agency authority to assess civil penalties against parties in interest who engage in prohibited transactions with welfare and nonqualified pension plans. The penalty can range from five percent to 100 percent of the amount involved in a transaction.

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Age Discrimination Lawsuits Carry Great Financial Penalties

Cathy Baniewicz — Tue, 26 Aug 2008 14:00:16 +0000

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The Supreme Court’s ruling in Smith v. City of Jackson, Mississippi, has upheld the notion that persons who sue for age discrimination do not need to prove that an employer intentionally discriminated based on age. Instead, a person only needs to show that a workplace policy has a disparate impact on older workers. Due to the gray areas within this ruling, additional litigation has surfaced. Plaintiffs sue for emotional distress caused by age discrimination, and the typical age-bias cases average $150,000, while state law wrongful discharge lawsuits can run upwards of $1 million. Age discrimination lawsuits carry great financial penalties because the damages are based on the earnings of the plaintiffs and the time that they are out of work.

The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA‘s protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment — including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on age or for filing an age discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADEA.

The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Certain state laws tend to include employers with fewer than 20 employees, so small businesses might have to comply with state law even if they are not covered by the Federal Age Discrimination in Employment Act (ADEA).

Businesses need to be proactive and extra vigilant in educating themselves to prevent age bias claims. There is no time like the present to evaluate current employment policies. Simple solutions can include keeping abreast of all record keeping requirements and reviewing business policies to ensure they are age neutral. Other solutions include, retaining payroll and benefit plan records for all terminated employees and having an organized and safeguarded system to retrieve important documentation.

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Sexual Harassment Suits – Not Just Limited to Big Business

Cathy Baniewicz — Tue, 19 Aug 2008 18:37:40 +0000

The liabilities of a sexual harassment suit are not just limited to big business. Employers of 15-100 employees can be liable for up to $50,000 in compensatory and punitive damages, and management personnel can also be sued personally for sexual harassment violations.

Here are the facts:

Employers with 15 or more employees are covered by Title VII of the Civil Rights Act of 1964. In 1991, Congress amended Title VII to permit victims of sexual harassment to recover damages, including punitive damages, under federal law. In 1993, the U.S. Supreme Court broadened the reach of this law by making it easier to prove injury.

The Equal Employment Opportunity Commission (EEOC) expects to double its cases of sexual harassment over the previous year. When investigating allegations of sexual harassment, the EEOC looks at the entire set of circumstances, such as the nature of the sexual advances, and the context in which the alleged incidents occurred. A determination on the allegations is made from the facts on a case-by-case basis. There is a clear and present danger to businesses who are not aware of the sexual harassment law and have yet to put policies and practices in place to avoid expensive litigation. Having a system in place to ensure proper employee education, and implementing procedures in regards to complaints can help avoid costly lawsuits.

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New Justice Department Guidelines – Discrimination during Employment Verification

Cathy Baniewicz — Wed, 13 Aug 2008 18:11:55 +0000

All employers are required to make certain that their workers are authorized to work in the United States. The Justice Department has recently issued guidelines to make certain that employers are not using the verification process to discriminate against employees because of their national origin.

If the Department receives a complaint, the agency will first determine whether the complainant is an authorized worker. If the employee is authorized, the agency will conduct an investigation into whether or not an employer has engaged in unlawful discrimination. When an employer receives a no-match letter from the Social Security Administration or a “tentative non-confirmation” as a result of using the E-Veriffy System, the company must resolve those situations in accordance with the procedures outlined in the Department of Homeland Security’s no-match rule.

Terminating an employee without attempting to resolve the mismatch could result in a charge of national origin discrimination. Employers should also be consistent and treat all employees with name-number mismatches the same. For additional information, go to the Office of Special Counsel website at http://www.usdoj.gov/crt/osc/

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I-9 Violations Bring Stiff Penalties

Cathy Baniewicz — Tue, 12 Aug 2008 14:00:55 +0000

Employers can face stiff penalties for I-9 violations which include substantial fines and also debarment from government contracts. Penalties can be imposed for hiring unauthorized workers as well as simply for committing paperwork violations even if all workers are authorized to work. So how does an employer sort through the information and fully protect itself from fines?

Knowledge is the key to understanding the severity of these penalties. Penalties can include $250 to $3,000 for improper completion of the I-9 form. Improper completion, retention or making it available for inspection fines range from $100 to $1,100 for each I-9. Knowingly hiring or continuing to employ unauthorized workers fines range from $250 up to $11,000 per violation. Firms who show a pattern of hiring unauthorized workers are liable for criminal penalties of as much as $3,000 per employee and may be subject to six months in prison. Investigators have considerable discretion in assessing fines and will look at factors like the size of the company, the seriousness of the violations, whether the employer was trying to comply in good faith and the pattern of past violations.

Depending on the state in which the company operates, this penalty can also include the suspension of license to practice within the state. So how can a business operate properly to protect itself?

All employers are required to complete an I-9 form of each new employee. This must be done within three business days of hire. The law stipulates that U.S. employers cannot hire or continue to employ persons who are unauthorized to work in the U.S. In addition, Arizona, Colorado, Georgia, Minnesota, Mississippi, Oklahoma and Rhode Island require employers to utilize the on-line E-Verify system. On 6/9/08, President Bush issued Executive Order No. 12989 instructing federal agencies to require contractors to participate in the E-Verify Program.

Information regarding I-9 compliance and the E-Verify system can be found on the Department of Homeland Security’s website: http://www.formi9.com/index.aspx?s=g-3

Employers should ensure that all personnel involved in the hiring process know and comply with the proper procedures for completing the I-9 Form. I-9 Forms should be kept separate from all other personnel documents.

- Revised Form I-9 Goes into Effect April 3: Questions & Answers …
- Employment Law Reminder: Hawaii Employers Required to Use Revised …

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Source: Effortless HR Software's HR Blog | I-9 Violations Bring Stiff Penalties

Avoiding Layoffs in a Down Economy

Cathy Baniewicz — Thu, 07 Aug 2008 16:12:36 +0000

Everyone is feeling the pain of the poor economy, particularly small businesses. Keeping your valued employees is especially critical at this time. You can’t afford to alienate your customers by eliminating employees and diminishing customer service.

Consider the following before passing out the “pink slips”.

Eliminate nonessential meetings and travel. Critical training should not be eliminated, but consider local resources and on-line seminars.

Audit your office supply expenses. Employees need the tools to get the job done, but do you need 12 different colors of post-its and 6 different kinds of pens

Ask your employees for their input on how you can save money. Employees are more likely to “grin and bear” the necessary cuts if they have a say in how it is done.

Institute a hiring freeze. Ask for help in reassigning the job duties if someone leaves the company.

Consider a reduction in the work week for everyone.

If pay cuts are an option, be sure they begin with the owner and managers. Start by eliminating bonuses.

Request employees to take an unpaid vacation.

Become more economical when it comes to company luncheons, holiday parties, etc.

Remember to be upfront and honest with your employees. Layoffs should be the last resort for the business owner.

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Source: Effortless HR Software's HR Blog | Avoiding Layoffs in a Down Economy

First Line Supervisors – the “Achilles’ heel” in Discrimination Cases

Cathy Baniewicz — Thu, 31 Jul 2008 14:00:40 +0000

Having the correct human resources policies and procedures in place is not sufficient to prevent findings of unlawful discrimination if your supervisors are not properly trained. Often someone is promoted into supervision without any experience managing people. First line supervisors are considered to be “management” and as such are responsible for knowing and following the myriad employment laws.

“Preventative maintenance” is always cheaper in the long run.

The Number One Rule: Don’t’ promote someone to supervision solely because they are a good worker. Make certain the individual has the skills and abilities to become a good supervisor. If the employee has no management background, do skills assessments to help you determine if the person has what it takes to be an effective member of your management team.

Make certain the new supervisor receives the necessary training:

Review all policies and procedures in detail, making sure the new supervisor understands the proper disciplinary procedures for violations of company policy.

Supervisors should be familiar with federal and state employment laws. There are numerous training courses, seminars, etc. on employment law for new supervisors. Many courses are offered online, thereby saving travel expense. Remember, ignorance of the law is not an acceptable defense.

All personnel should receive sexual harassment training. This is a growing area of litigation and proactive measures to train the workforce are strongly recommended by the Equal Opportunity Commission.

If supervisors are involved in recruiting, make certain they understand the various “legal” factors involved in the hiring process, i.e. candidate screening, appropriate interview questions, employee selection based on being the most qualified for the position.

Red Flags!

Supervisors who play “favorites” and do not apply your policies and practices consistently. Someone who is constantly bending the rules puts the company in a vulnerable position regarding discrimination claims.

Supervisors who keep their own ‘files”. Matters regarding performance problems should be in the employee’s personnel file. All supervisory files are subject to subpoena in discrimination cases, so be certain you know what information a supervisor is keeping.

Supervisors who view training in employment laws, etc. as a “waste of time”. Countless discrimination suits have been lost because of the inappropriate actions of first-line supervision.

Supervisors who “wing it” and don’t ask questions. Communicate that employee relation issues are important, and encourage supervisors to be upfront if they need help or training. No one has all the answers.

Hold your supervisors accountable! If you have a performance appraisal program, be certain that compliance with all employment laws is a factor in the supervisor’s evaluation.

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Source: Effortless HR Software's HR Blog | First Line Supervisors – the “Achilles’ heel” in Discrimination Cases

Update to Is Your Worker Really an Independent Contractor.

Cathy Baniewicz — Fri, 25 Jul 2008 21:08:08 +0000

One of our readers pointed out that the IRS recently updated its test for determining whether or not an employee is an independent contractor. The following information was copied from their website:

http://www.irs.gov/businesses/small/article/0,,id=99921,00.html

Facts that provide evidence of the degree of control and independence fall into three categories:

Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job?
Financial: Are the business aspects of the worker’s job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.)
Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business?

After reviewing the three categories of evidence, if you are still unsure if a worker is an employee or an independent contractor, the business can file Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding (PDF) with the IRS. The form may be filed by either the business or the worker. The IRS will review the facts and circumstances and officially determine the worker’s status.

Be aware that it can take up to six months to get a determination, but a business that continually hires the same types of workers to perform particular services may want to consider filing the Form Form SS-8 (PDF).

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Source: Effortless HR Software's HR Blog | Update to Is Your Worker Really an Independent Contractor.

Is your worker really an independent contractor

Cathy Baniewicz — Thu, 24 Jul 2008 14:00:47 +0000

Employers who call their workers “independent contractors” merely to avoid unemployment, workers compensation insurance, and federal and state tax withholding etc. are headed for serious trouble with the Department of Labor (DOL) and/or the Internal Revenue Service (IRS).

The IRS announced in May of 2007 that worker classification cases would be a major area of emphasis in 2008. In March of this year the DOL investigated a Texas water company and found that over 200 employees had been incorrect misclassified as independent contractors. The company ended up owing nearly $600,000 for two years of missed overtime pay. The IRS recently delivered FedEx a $319M tax hit due to classification issues.

Is my worker an employee or independent contractor?

Ask these questions:

Do you tell the employee when and where to report to work?

Is the employee given instructions on how the work is to be performed?

Is the work supervised by anyone on your staff?

Is the employee covered by any of your fringe benefit plans?

Have you issued the employee a company ID card?

Are you providing business cards, stationery or other company property?

If yes to the above, the worker more than likely is an employee, not an independent contractor.

Check the IRS 20 Factor Test for Determining whether the worker is an employee or independent contractor. Go to: www.comptroller.ilstu.edu/downloads/20-factor-test-for-independent-contractors.pdf

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Source: Effortless HR Software's HR Blog | Is your worker really an independent contractor

EffortlessHR Blog » Cathy Baniewicz

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