March 2012
Welcome
As most of us spring forward into daylight savings time, take a moment to look ahead and see what is in the forecast for upcoming labor law developments and tips to ensure your business is in compliance.
HR Alerts
USCIS Announces Expansion of E-Verify Self Check System. On February 9, 2012, the U.S. Citizenship and Immigration Services (USCIS) announced Self Check, a free online service of E-Verify that allows workers to check their own employment eligibility status and ensure that government records on their identities are accurate. Self Check is now available in all 50 states.
Summary of Benefits and Coverage Requirement Clarified. Employers with open enrollment periods in 2013 starting in or after that year will have to provide a Summary of Benefits and Coverage (SBC) to each existing participant (or others enrolling at open enrollment) as part of the open enrollment period. This is according to regulations published in the February 14, 2012 Federal Register.
The Necessities of a Safety Manual
Employers are responsible for providing a safe workplace environment for their employees free from harm, health hazards, harassment, etc. Enforcement of workplace safety compliance is an issue that has gained increased attention from federal and state governing agencies.
According to the federal Occupational Safety Health Administration (OSHA), an effective safety and health program can save as much as six dollars for every dollar invested. On January 6, 2012, OSHA initiated a Small Business Regulatory Enforcement Fairness Act (SBREFA) panel process to draft an Injury and Illness Prevention Program (IIPP) rule. Where ever your business is in terms of a safety program, a safety manual is an important starting point for any company size. As a best practice, a company’s safety manual typically includes the following:
- Supervisor responsibilities
- Employee responsibilities
- Reporting
- Safety policies
- Equipment usage/handling
- Chemical/hazard handling
- First aid • CPR
- Safety rules
- Documents
- Disciplinary action
- Accident reporting
- Injury reporting
- OSHA logs
- Protective uniforms
- Cleaning workspaces
- Opening/closing items
Note: Twenty-four states operate their own OSHA-approved safety and health programs. Some state plan requirements may differ in certain aspects from federal OSHA. Regardless, state-imposed standards must be at least as stringent as the federal standards.
While OSHA is currently in the process of developing new standards of an IIPP, employers still need to adhere to their workplace health and safety obligations. So at a minimum, be sure to regularly review your company’s safety manual or consider establishing an IIPP. With the right information, the manual should help your business meet OSHA requirements and achieve an in-compliance status well before an OSHA inspection occurs.
Question & Answer
Break time tracking
Q. Can an employer make its employees clock out for breaks of 5 minutes?
A. No, an employer may not require employees to clock out for breaks of five (5) minutes and be unpaid for that time because this practice violates the federal Fair Labor Standards Act (FLSA).
According to the US Department of Labor, “the FLSA does not require employees be given meal or rest breaks. However, if employers do offer short breaks (lasting about 5 to 20 minutes), federal law considers these short breaks time for which employees must be compensated. Bona fide meal periods (typically lasting at least 30 minutes), serve a different purpose than short rest or snack breaks and, thus, are generally not time for which employees must be compensated.” At the same time, for documentation purposes, an employer may require employees to track (using a device or timesheet) the times employees started and ended their rest breaks. Note: Some state laws differ than the federal laws in regards to required meal/rest breaks.
Workplace Water Cooler Rumors
Many employers using technology understand the dynamic implications of workplace rumors. Rumors can create an environment of mistrust, hostility, low motivation, and low productivity. Managers who are trained to recognize the root causes of rumors and how to prevent them, or at least be able to manage rumors, can more effectively set the stage for teamwork success.
Rumors arise due to various reasons. Some reasons arise from relationships at the workplace, work stressors, and dealing with personal job satisfaction. In general, there is a natural tendency to engage in rumors or listen in to what is happening around us due to human needs of wanting to communicate, stay informed, and fit in with peers. Some employees engage in this fashion to gain more control and to see how much power they may have in comparison to others. Often, when employees do not know why certain management decisions are being made, gossip and rumors begin. A manager’s clear and effective communication style, with his or her employees, is crucial.
Managers can do a lot to address workplace rumors. Here are some top picks:
- Values. Ensure values are in line with the rest of staff. Managers should make an effort to state what will not be tolerated.
- Open door policy. Managers should welcome feedback from all employees to speak about the company and their own job positions. When managers avoid direct communication with employees, employees often feel compelled to engage in conversation about “what ifs” to what may be happening. Employees assume future developments involving staff and business practices about products or services may be changed.
- Confidential suggestion box. Managers can put up a suggestion box that allows for employees to anonymously submit in their concerns or comments in regards to what is bothering them or how things are going for them.
- Discipline. Manage employees who continue to engage in rumors and or are not mindful about workplace productivity.
- Third-party mediation. Gain more neutral input by having a third person take notes at the mediation and keep everyone on track. More specifically, if the tone / content of the conversation becomes inappropriate, they can help bring it back to an appropriate level.
- Employee independence. Employees should learn how to handle gossip on their own. Whenever a gossiper is confronted, he or she will think twice about doing it again. Avoid using the word “you” but having the person who is the target of the gossip state something in an “I” statement.
In today’s workplace, it can be difficult to escape workplace gossip issues. Those who engage as the senders of workplace gossip and those who are the recipients tend to hear different things and build different interpretations which can lead to infectious discontent. It is encouraged for employees and managers to speak to one another on-going about decisions, upcoming plans, etc. to fill in communication gaps. By doing so, it will greatly help prevent rumors from starting and speculation from occurring.
Tool of the Month:
EEOC Independent Contractor Checklist
Some employers are aware about the IRS multi-factor tool to help determine Independent Contractor classifications. However, other governing agencies such as the Equal Employment Opportunity Commission (EEOC) also have their own criteria to classify Independent Contractors. The EEOC, which administers Title VII and other federal anti-discrimination laws, lists 16 factors for distinguishing between an Employee and an Independent contractor:
The EEOC Independent Contractor Checklist sheds light on many areas such as:
Control of when, where, and how the worker performs a job
Establishment of pay
Benefits provisions
And much more
To download the EEOC Independent Contractor Checklist, go to the HR Support Center, click on the Essentials Tab, and go to the Checklist link.
HRCast of the Month
How Paid Breaks Can Become Unpaid Breaks
What circumstances would lead to a paid break to be considered an unpaid break? This month’s HRCast explores this question and provides listeners with insightful answers and helpful tips.
On March 15th, be sure to visit the HR Support Center and listen to this month’s HRCast to learn more.
HR Tip of the Month
Avoid Negligent Hiring with Basic Checks
Fast hiring decisions can be great, until the employer is suddenly faced with liability for an employee’s wrongdoing by not adequately conducting background, qualification, or reference checks. At a minimum, confirm a job applicant’s dates of employment and job position(s). If possible, obtain information about a job candidate’s past performance and any disciplinary issues.
Did you know?
23%
According to a 2011 study by Bullhorn Inc., workers who have completed a higher level of education are 23% more likely than workers who have completed a lower level of education to gravitate toward an organization with an inspiring mission.
Quote of the Month:
“Action is the foundational key to all success.”
– Pablo Picasso
A Look Ahead
March:
Women’s History Month
March 2:
Employee Appreciation Day
March 2:
National Salesperson Day
March 8:
International Women’s Day
March 11:
Daylight Saving Time Begins (clocks move forward one hour at 2:00am)
March 14:
No Smoking Day
March 17:
St. Patrick’s Day
March 20:
International Earth Day
March 20:
Spring Begins
March 31:
Cesar Chavez Day
Contact Us
Paragon Business Services, Inc.
7610 N Stemmons Frwy
Suite 600
Dallas, TX 75247
Additional Contacts
Phone: 866-444-4615 Fax: 214-951-1920
Paragon Business Services, Inc 