May 2012
Welcome
We have introduced new updates within your HR Support Center. Please take a moment to browse around the various content areas to make use of the handy tools we have available.
HR Alerts
DOL Extends Comment Period for Proposed FMLA Regulations. On February 15, 2012, the Department of Labor (DOL) published proposed regulations to the Family and Medical Leave Act (FMLA) in three specific areas: Military Family Leave, Flight Crew FMLA Eligibility, and the manner in which employers calculate increments of FMLA leave. Public comments originally were due by April 16, 2012. However, the DOL announced that it is extending the due date for comments to April 30, 2012.
OSHA GHS Final Rule. Effective May 25, 2012, the Occupational Safety and Health Administration (OSHA) announced that the final rule for Globally Harmonized System (GHS) of Classification and Labeling of Chemicals will become law. The new GHS rule will be added to OSHA’s existing hazard communication standard, or worker right-to-know law. The GHS is a logical and comprehensive approach to defining health, physical and environmental hazards of chemicals, creating classification processes that use available data on chemicals for comparison with the defined hazard criteria, and communicating hazard information.
Blocked NLRA Poster Requirement Update. A District of Columbia (D.C.) federal court has blocked the actions of the National Labor Relations Board (NLRB), which last year imposed a new requirement that employers post a notice to employees informing them of their rights under the National Labor Relations Act (NLRA). This new NLRB poster requirement was supposed to take effect November 14, 2011, but that deadline was later delayed until January 31, 2012, and then again delayed until April 30, 2012. The most recent delay resulted from the D.C. court’s request to postpone the effective date pending a legal challenge to the new requirement. The court concluded that the NLRB could not make an employer’s failure to post an unfair labor practice, but rather the NLRB would have to show that the failure to post actually interfered with employee NLRA rights. However, the NLRB encourages employers to have the poster displayed as a best practice regardless of what the finalized decision will be (expected on or before September 2012). To obtain further information, contact a HR Professional.
Workplace Political Expressions
According to the HR Support Center March 2012 poll, 78% of respondents indicated “No” to the question posed of: “Does your company currently have a policy or practice that permits or prohibits political related activities in the workplace?” Due to recent “occupy” movements, legislative banter and election promotions, political activities can be effectively addressed with the implementation of well-prepared policies.
First of all, employers can limit political activity in the workplace. The First Amendment does not entitle individuals (employees included) to express their political views whenever and wherever they wish. Those in private-sector companies have no constitutional right to free speech, and can be terminated for expressing political beliefs as long as their dismissal does not violate some other federal or state law.
Political expressions encompass various (verbal or non-verbal) activities or inferences exchanged to support an idea, person, or thing. Often, there are pros and cons that come with political expressions presented in the workplace that can be treated as permitted or prohibited activities, which may or may not disrupt the workflow as well. Also, federal and state regulations further provide guidance for employers to consider when developing a policy.
The National Labor Relations Act (NLRA) describes federal regulations when an activity may be considered “protected” under law. Three rules apply to determine whether an activity (e.g. political) is protected under the NLRA:
Political activity occurs during non-working time and off the employer’s premises.
On-duty political support related to a specifically identified employment concern (e.g. Health Care Reform) is subject to restrictions imposed by lawful work rules.
Leaving or stopping work to engage in political support may be subject to restrictions imposed by lawful work rules. An employer cannot discipline or discharge employees who leave work without permission if their walkout is for the purpose of obtaining some improvement in their own working conditions from their employer who has control.
The above-noted activities can be viewed to be political in nature and permitted for employees to engage in since the NLRA states employees have the right to engage in concerted activity. However, union-related logos represented on campaign materials sometimes may or may not be prohibited in regards to business practices (such as safety and personal protective equipment).
In addition, state laws also make it illegal to discriminate on the basis of an employee’s political activity or affiliation. Employers have the right and responsibility to ensure that work environments are safe, and free of hostility aimed at employees because of protected classification such as race or gender. For example, in 2012 several political issues covered in the current media such as gay marriage and immigration reform, impact protected worker classes of race, religion and sex. Thus, it is vital to develop political expression policies to help manage the workplace.
Employer policies and best practices should:
Prohibit political statements while working and interacting with customers, visitors, etc.
Enforce dress codes on employees regarding pro-candidate items attire (e.g. buttons, pins, ribbons, clothing), that affect business.
Restrict access to social media and internet programs (email).
Prohibit political fundraising or informational meetings within the workplace, as part of “no solicitation/no distribution” rules.
Discipline employees for leaving work to attend a rally or other political event (as opposed to allowing for voting time leave).
Train supervisors and managers on the company’s policy and what steps to take if they hear or observe inappropriate workplace political debates that become intense.
Although there are some companies that by the very nature of their businesses are politically involved in campaigns and voter registration drives, many employers prefer to keep politics away from business relations and practices. Many courts uphold restrictions but only on conduct that is unlawful or demonstrably harmful to the employer’s legitimate business interests. Especially during an election year, it is in every employer’s interest to develop and enforce a political expression policy to ensure workplace productivity to be its finest and anti-discrimination to be at its highest.
Question & Answer
Electronic Signature
Q. What constitutes a legal electronic signature on our federal and state employment forms
A. An electronic signature is valid when the identity of the person has been confirmed on the document. In most cases, an electronic signature is facilitated through a third party-software that uses encryption in collecting signatures. Both federal and state laws permit the use of electronic/digital signatures, and they are considered exactly the same as a hand signed document. In fact the federal government moved to electronic signatures for contracts several years ago to improve efficiency. For this reason, there is no employment law prohibiting electronic files or signatures in terms of paperwork. The only word of caution is to ensure the technology meets the requirements described above. Just as you would verify an employee’s identity for I-9 signatures in person, the same process is required when accepting digital signatures. The only difference is how you collect the employee’s signature. Since some e-mail addresses are used to facilitate signatures, it is important to confirm the address is valid to avoid identity misunderstandings. There are no federal programs that prohibit electronic signatures for employment documents.
EEOC andADAStances on High School Diplomas for Hiring
In today’s competitive job market, employers look to hire well-qualified, diverse, talented, skilled, experienced, and educated candidates for job positions. Often, job postings and requirements specify minimum qualifications for prospective candidates to satisfy in order to be considered. Many employers are aware of the risk of discrimination claims affecting those from protected classes, and education background is one hiring criterion that is easily taken for granted.
Specifically, the Equal Employment Opportunity Commission (EEOC) addressed the issue of whether or not requiring a high school diploma is viewed as discriminatory. In a November 2011 discussion letter, the EEOC stated that requiring a high school diploma may violate the Americans with Disabilities Act (ADA) regulations if it is determined an individual cannot obtain a diploma due to a learning disability. However, if the individual applied for a reasonable accommodation, then the employer would need to consider that prospective job candidate, as long as he or she met the other minimum qualifications specified by the employer. A reasonable accommodation would allow the individual to perform the essential functions of the job.
The employer could also consider relevant work history and/or allow the applicant to demonstrate an ability to do the job’s essential functions during the application process. On the other hand, if there was a job-related need and business-need to have high school diploma (e.g. as pre-requisite), then the employer may require this from applicants.
In addition, if the employer is choosing from amongst multiple applicants, it may still choose the most qualified applicant and not be required to select the applicant with a disability. The employer should consider if a different applicant had applied without a learning disability (who did not have a high school diploma) versus someone who applied with a learning disability (who did not have a high school diploma). To provide further clarification, while theADAprotects job applicants whose disability made it impossible to obtain a diploma, it would not protect a job applicant who consciously chose not to finish this level of schooling.
Therefore, the next time your company is looking to fill in a vacancy, double check the verbiage on the job description and posting, as well as revisit your hiring practices. Be sure to understand the implications of the EEOC andADAregulations, especially if you require a certain educational background from job applicants.
Tool of the Month:
Wage & Hour Quick Guide
The Wage and Hour Quick Guide puts key points regarding federal wage and hour laws at easily accessible reference. Every employer, regardless of company size, must comply with basic employment laws that regulate wage and hour factors. At a time when litigation and agency investigations are ramping up, be sure to get a good grasp of fundamental wage and hour information and tools, such as:
- Convenient Checklists
- Top Employer Tips
- Business, State, and Federal Forms
- Checklists
- Related Articles
Take a moment today to check out the new Wage and Hour Quick Guide section in your HR Support Center.
HR Cast of the Month
Increased FMLA Enforcement Compliance is Coming
The U.S. Department of Labor’s proposed FY 2013 budget would allocate $6.4 million to hire additional investigators to enforce employment law provisions such as those under the Family and Medical Leave Act. This month’s HRCast explores the implications and provides listeners with insightful answers and helpful tips.
On May 15th, be sure to visit the HR Support Center, and listen to this month’s HRCast to learn more.
HR Tip of the Month
Safety Training Program
Various state and federal laws will specify which training programs are required to be conducted in your workplace. Employers should consider providing necessary and adequate training ensuring concepts are understood and transferred from the training to the workplace, and retaining safety training records as required by law or best practices.
Did you know?
15%
According to the Society of Human Resources Management (SHRM) Human Capital Benchmarking database, the annual employee turnover rate averages 15% across all industries (SHRM HR Magazine).
Quote of the Month
“In the business world, everyone is paid in two coins: cash and experience. Take the experience first; the cash will come later.”
– Harold Geneen
A Look Ahead
May 1:
May Day
May 5:
Cinco De Mayo
May 9:
National Receptionist Day
May 13:
Mother’s Day
May 19:
Armed Forces Day
May 28:
Memorial Day (observed)
Contact Us
Paragon Business Services, Inc.
7610N StemmonsFrwy
Suite600
Dallas,TX75247
Additional Contacts
Phone: 866-444-4615
Fax: 214-951-1920
Paragon Business Services, Inc 