Now that Issue 2, legalizing recreational marijuana in Ohio, has passed, what does it mean for my employment policies? Does this mean my drug-free workplace policies are no longer valid? How should I navigate marijuana in the workplace?
HR Answer:
Medical marijuana was legalized in Ohio in September 2016, and retail sales began in January 2019, when the first four licensed dispensaries opened for business. On December 7, 2023, Issue 2, decriminalizing non-medical marijuana use, will go into effect – opening the door for adults 21 and over to legally possess, purchase, and share up to 2.5 ounces of cannabis. As reported by WCPO, the law isn’t without its limits, however, as it prohibits:
Using marijuana in public
Operating a vehicle while under the influence of marijuana
Being a passenger in a vehicle and using marijuana at the same time
Additionally, landlords and employers can still prohibit marijuana use based on their policies. So, what do employers need to consider as they navigate this new law?
Considerations for Recreational Marijuana in the Workplace
First and foremost, it’s up to the organization to decide if the use of the drug will be tolerated or affect current drug testing policies. The employer would potentially need to reevaluate, for example, whether or not there is an acceptable amount of marijuana that could be found in someone’s drug test, and how that amount may impact the decision of whether or not to terminate an employee (or not to hire). Additionally, it’s necessary to consider how to ensure current employees aren’t using marijuana at work or before they come in.
Depending on how your organization wants to proceed, there are a few paths to take:
You could choose to eliminate confusion and maintain (or start) a zero-tolerance drug-free workplace. The drawback here is that you could have a harder time finding applicants for job openings. If that’s the case, you could remove or modify any existing testing policies to eliminate cannabis, much like many employers don’t test for alcohol.
If you open up your organization’s policies to permit legal marijuana use, one option is to shift the focus from testing what’s in someone’s system, which may linger for weeks after the fact, and instead come up with a new standard aimed at determining whether an employee is actually impaired. Some employers have begun to implement alertness assessments, which allows employers to test someone’s cognitive function that day. Of course, this would require training your leaders and managers and communicating expectations across the board to all employees.
Considerations for Medical Marijuana in the Workplace
What about medical marijuana? In outlining employers’ rights, Ohio’s Revised Code 3796.28 states that an employee has no specific protections, which could be interpreted that you do not have to accommodate an employee’s need to use the substance. An employer has the right to not hire an employee based on medical marijuana use, possession, or distribution. At this time, the law does not allow a cause of action against an employer if an employee believes he or she was discriminated against due to medical marijuana use. An employer is allowed to have a zero-tolerance drug-free policy in place, with or without special accommodations for those who use medical marijuana.
The Bottom Line
No, this does not mean your drug-free workplace policies are no longer valid. But what this does mean is that this is a key opportunity to review any drug-related policies to make sure they are up-to-date, accurate, and reflect the needs of your organization. And, as always, consult your legal counsel to ensure that you’re avoiding discriminatory actions and complying with federal, state, and local laws. If you make any changes, be sure to distribute and explain the policy and have employees sign off on the acknowledgment.
Thank you to Alisa Fedders, MA, SPHR, and Samantha Kelly for contributing to this edition of our HR Question of the Week.
Do you struggle with doing what is right for your company and right for your employees when it comes to creating a Drug-Free Workplace? Sometimes the “right” solution isn’t always easily identified. Strategic HR understands your dilemma of being between a rock and a hard place. We can provide you with best practices, policies, and training when it comes to creating a Drug-Free Workplace or any needs concerning the health and well-being of your workforce. Please visit our Health, Safety, & Security page for more information on any of these services.
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Can an individual that is working for us be both an employee AND an independent contractor?
HR Answer:
According to IRS guidelines, it is possible to have a W-2 employee who also performs work as a 1099 independent contractor. For example, it is possible that an individual could work part of the year as an employee and part of the year as an independent contractor due to a layoff or even a resignation. Another way this could occur would be if the individual is performing completely different services or duties for a company that would qualify them as an independent contractor.
Examples of Employee and Independent Contractor Dual Classification
A production worker is laid off due to a slow down in the warehouse. The individual begins doing janitorial work for a few local companies and provides services to the same company from which they had been laid off. In this situation, the individual would receive a W-2 for the time they worked as an employee and a 1099 for the janitorial work.
An Executive Assistant who also owns a cleaning service business can have dual classification if their employer contracts with their cleaning company to clean the offices in the evenings.
An IT Help Desk Associate who performs graphic design work as a side gig can have dual classification if their employer contracts with the individual to create a new logo for the company.
An Electrician who also does handy work after hours in the community can have dual classification if the individual contracts with their employer to replace the company’s roof.
A custodian who works for a county public school and also owns and operates his own snow plowing service on nights and weekends can be classified as an employee and issued a Form W-2 for his custodian position. At the same time, when the county contracts with the individual for snow plowing services, he is an independent contractor as well.
How to Determine if Someone is an Employee or Independent Contractor
To determine if this dual classification applies to your situation, you must first verify if your current (or previous) employee’s secondary work qualifies as an independent contractor. The IRS provides specific guidance surrounding the Independent Contractor Definition.
As an alternative to making the determination yourself, you can choose to have the IRS review your situation and make the determination for you, but it will take some time. You would need to submit your position information to the IRS directly by completing IRS Form SS-8. In doing this, the IRS will determine the proper job classification and even guide you on dual classification. Although you will be confident in using the correct classification by following this route, know that the average response time is estimated to be six months.
If you (or the IRS) determine that the extra work being completed meets the Independent Contractor guidelines, you can pay them as both an employee and an independent contractor. If you elect to do this, be sure to keep accurate records. Companies should maintain a W-4 for employees and a W-9 for those working as a contractor. In addition, be sure to clearly and accurately document the hours worked in each category and the duties that were performed. It is widely believed that having a worker receive both a W-2 and a 1099 increases the likelihood of an audit by both the IRS and the DOL. Therefore, maintaining detailed records will be essential for your defense.
What Happens if you Misclassify Employees
Criminal penalties and liability for backpay may be imposed against organizations and leaders if Fair Labor Standards Act (FLSA) laws are violated. The DOL has recently increased its focus and scrutiny on employer misclassification of independent contractors. It is important to be aware that additional auditors have been engaged to direct their attention toward this area of compliance. Therefore, be sure that you have followed all relevant guidelines and maintain proper recordkeeping to protect your organization and remain compliant.
Thank you to Patti Dunham, MBA, MA, SPHR, SHRM-SCP for updating this HR Question of the Week.
Strategic HR knows that keeping abreast of HR Compliance issues can be daunting, especially when the laws keep changing. We can help you stay compliant by fielding your questions regarding properly classifying your employees and other HR matters. We offer resources to help you identify and mitigate compliance issues. Visit our HR Compliance & Recordkeeping page to learn about our auditing services which can help you identify trouble spots in your HR function.
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My manager is concerned about our company’s ability to pass a safety inspection and wants us to do an audit. Can you explain what a safety audit is and how to conduct one?
HR Answer:
A Safety Audit (known more formally as a Health and Safety Audit) is a routine, comprehensive review of the efficiency, effectiveness, and compliance of a company’s safety management programs. Although ensuring the safety and well-being of employees should always be a top priority, it is also critical to comply with local, state, and federal regulations.
For example, OSHA’s General Duty Clause requires that employers provide a work environment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” By conducting Safety Audits, the company is keeping a safety culture in the forefront of the business while doing its due diligence to increase the likelihood of complying with this clause.
What to Include in Safety Audits
A Safety Audit is similar to a comprehensive health check-up for an organization’s safety framework. The audit should include an in-depth review of safety protocols, recordkeeping, policies, procedures, and physical facilities. The main objective is to identify potential hazards, assess regulatory compliance, and recommend measures that improve and strengthen workplace safety.
It’s important to note that there isn’t a “one-size-fits-all” approach. Audits must be customized to the type of industry, size of the company or location being audited, applicable local, state, and federal laws, and any other company-specific factors that might affect the safety and health of your workforce.
How to Use Job Hazard Analysis in the Audit
Embedded within Safety Audits is the practice of conducting a Job Hazard Analysis (JHA). A JHA is an important component that dissects every job or task into steps, pinpointing potential hazards associated with each. You can leverage JHA to gain insights into the risks employees encounter during their daily responsibilities. This analysis forms the cornerstone of proactive risk management, facilitating the development of targeted training programs and safety initiatives tailored to address specific vulnerabilities.
The Advantages of Job Hazard Analysis:
Informed Decision-Making: Armed with insights from JHA, the company can make data-driven decisions on resource allocation, training priorities, and safety measures thereby optimizing the impact of its initiatives.
Tailored Training Programs: JHA results enable the company to design training programs that are finely tuned to address skill gaps and safety concerns, fostering a well-informed and competent workforce.
Regulatory Adherence: JHA aligns with regulatory requirements that mandate hazard assessments, helping organizations increase their chances of being compliant.
Employee Engagement: Involving employees in the JHA process cultivates a sense of ownership over safety, fostering engagement, camaraderie, and proactive participation in safety initiatives.
Turn Safety Audit Findings into Action
Once the Safety Audit findings and JHA insights are gathered, the company should take the following steps:
Strategic Recommendations and Action Plan: Develop an action plan that translates audit and JHA insights into actionable recommendations. Assign responsibilities, set timelines, and establish priorities to support efficient implementation.
Tailored Training Initiatives: Harness the power of JHA to craft training programs that align with identified skill gaps and safety needs. Equip employees with the knowledge and skills needed to navigate their roles safely.
Continuous Monitoring and Adaptation: Regularly track the progress of the action plan and evaluate its impact on overall safety. Adapt strategies as needed in response to evolving risks and changing circumstances.
Transparent Communication: Maintain open channels of communication with employees, fostering a culture of dialogue and receptiveness. Involving employees in safety initiatives empowers them and contributes to a safer workplace.
Safety Audits and Job Hazard Analysis are pivotal tools in cultivating an environment of trust, productivity, and well-being. By proactively addressing risks, strengthening and reinforcing safety measures, and nurturing a culture of safety first, the company not only strives to meet regulatory obligations but also underscores its commitment to employee welfare.
As industries evolve and challenges transform, the dedication to safety remains unwavering. Through regular audits, analyzing results, and responsive measures, the company can continue to pave the way for a safer work environment.
Thank you to Sherry Hume, SHRM-CP, HR Business Advisor for contributing to this HR Question of the Week.
Have you had a safety audit recently? Do you know which OSHA forms you are required to complete? Strategic HR has the expertise to develop/review your policies and practices to support the safety of your workers, customers, and visitors. Visit our Health, Safety & Security services to learn more about how we can assist you with workplace safety.
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I am part of our HR team, and a supervisor approached me because they suspect one of their employees may be drunk or on some type of drug that is inhibiting their performance. We have a policy prohibiting workplace drug and alcohol abuse that allows us to test if we have reasonable suspicion. Is that enough? What should I do?
HR Answer:
First, we recommend that you talk with the supervisor to understand and specifically document the employee’s behavior that’s causing concern. Is it behavior that is not typical (i.e., appearance, odor, etc.)? It is ideal to have two parties observe and document the behaviors to independently confirm reasonable suspicion of drug and alcohol abuse. However, it is not required if you do not have the ability to do this. If you’re able to have two observers, one party is often the supervisor and the other party is typically someone in management or HR.
If the employee has a safety-sensitive job or appears to present a safety concern for others, the manager and/or HR professional may need to remove the employee immediately from their work area. In this case, escort the employee to wait in a safe and private location (i.e., a conference room, an office, etc.) to discuss the concerns and observations.
How to Communicate the Concern
After documenting the employee’s behaviors, it is important to promptly discuss this information with the employee. It’s helpful to approach this type of conversation from a position of care and concern for the employee versus an accusatory approach. The observations should be shared in a fact-based manner. It is not necessary to specify the drug or alcohol you suspect they may have used. Instead, focus on the concern that they appear to be impaired in some way.
The company’s workplace drug and alcohol abuse policy should be reviewed with the employee, and it should be explained that they are being required to be tested as outlined in the policy. It is also important to explain the consequences if they refuse to comply. (And this should be addressed in your policy as well.) If you have any doubt about your policy’s ability to protect your organization or your employees, we recommend having your attorney review it.
Drug and Alcohol Testing
Given the nature of the situation, the employee should not be allowed to drive themselves to the testing facility. Rather, the employee will need to be transported to the drug/alcohol screening facility. It is best practice to have someone in management or HR alert your testing facility of the situation and to transport the employee. Keep in mind, if you use a facility that does not provide instant results, you will also need to transport the employee to their home or ask them to identify someone who can pick them up and take them home.
It is best practice to not have the employee return to work until the test results are available. If you’re wondering how to handle the employee’s pay during this time, you are not obligated to pay an hourly (non-exempt) employee for time missed from work while waiting on the test results. This may not be the case for salary (exempt) employees according to the FLSA.
Negative Test Results
If the test results are negative, the manager or HR professional should contact the employee and advise them they can return to work on their next scheduled day. It’s also best practice to pay employees for time missed from work while waiting on the results.
Positive Test Results
If the test results are positive, you should follow your company’s policy and procedure. This may involve a last-chance agreement, treatment and/or Employee Assistance Program (EAP), or immediate termination if the company has a no-tolerance policy.
Whether the result is positive or negative, the situation must be handled respectfully and professionally. Keep in mind this is an uncomfortable situation for everyone and should be treated with the utmost discretion for all parties involved.
Special thanks to Marie Frey, SHRM-CP, HR Business Advisor for contributing to this HR Question of the Week.
Handling drug and alcohol use in the workplace can be stressful…especially if you don’t have the right policies, procedures, or training. Strategic HR can provide you with best practices, policies, and training when it comes to creating a Drug-Free Workplace or providing an overall safe and healthy work environment. Visit our Health, Safety & Security or Training & Development pages to learn more.
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Can I fire someone during their introductory period? Are there ways to reduce our risk?
HR Answer:
The short answer can be yes. As long as an employer has a properly written (and implemented) introductory period, there should be little concern over terminating someone during their new hire period. In fact, sometimes it is actually easier to terminate someone during this period of employment. A key component is to ensure that your introductory period policy and practices apply the employment-at-will status, as allowed by your state or locality. In that case, you should be able to rest easy with your decision, although we recommend consulting your attorney if you have any doubts.
On the other hand, if you don’t have a well-designed introductory period, your organization is at higher risk. If you’re unsure about your policy or implementation, read on to learn why introductory periods are important, what to consider in their design, and ways to reduce termination risks.
Why is a new hire introductory period important?
Introductory periods are an important phase of employment as they allow the new hire and employer to evaluate their fit with each other. These programs typically range from the first thirty days of employment up to six months and can be extended, if necessary.
Keep in mind that appropriate design and implementation are critical. According to the Society for Human Resources Management, some labor experts warn of the legal implications of introductory periods (including discouraging the use of the term “probationary period”). However, if implemented properly, employers can use the time to sufficiently train and evaluate the hire.
Setting appropriate expectations
During the introductory period, the employee has the opportunity to learn their role, acquire and demonstrate the skills necessary to perform the duties of the job, and understand how their role fits into the overall organization. Employers typically use this time to evaluate the employee to determine if they are a good fit for the position by reviewing their skills, knowledge, abilities, overall job performance (quantity and quality of work), work habits and behaviors, and attendance.
Although employees in this defined new hire period are essentially the same as all other employees, there are often special requirements placed on the individuals during this evaluation period. For example, some employers put in place stricter attendance requirements during the introductory period, (i.e., requiring new hires to work on-site for a defined period of time before allowing remote work situations). Other employers reduce the productivity requirements for new hires during this period as they are learning their roles.
Whether you are making the expectations more or less strict as compared to other employees, it is important to ensure that new hires are made aware of the expectations and how they will change after the completion of the introductory period.
Reduce termination risk during the new hire introductory period
Termination of employment at any time can be inherently risky. Here are some suggestions to consider that may bolster your new hire period policies and implementation:
Clearly define the introductory period, including the length of time, and state that it can be extended, if necessary.
Clearly express employment-at-will, if allowed in your jurisdiction and it applies to your situation. This statement indicates that the employment relationship is terminable at any time, including during the new hire period, and completion of the introductory period does not change that status.
Provide a clear explanation to the new hire of how they will be evaluated, including specific expectations during the period and if/how these expectations are going to change once the new hire period is successfully completed.
Evaluate your new hire regularly. Provide frequent and immediate feedback including written evaluations.
If the new hire is failing to meet expectations, discuss what must be done to achieve acceptable performance as well as the next steps if there is no improvement.
Following these guidelines will help to ensure the new hire is treated fairly during the process. We also recommend that you consult your attorney to be sure that your introductory policies and procedures are optimally designed to mitigate your organization’s risk.
Special thanks to Patti Dunham, MBA, MA, SPHR, SHRM-SCP, for contributing to this edition of our HR Question of the Week.
Terminations are one of the most difficult aspects of Human Resources. Strategic HR can walk you through a termination, assist with the investigation, and provide a third-party objective look at each case. Visit our Employee Relations page to see how we can help you navigate through challenging situations while also building a positive relationship with your employees.
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Do I really need to provide harassment training? Isn’t having an anti-harassment policy sufficient?
HR Answer:
While it’s definitely a great place to start, having an anti-harassment policy isn’t enough. It’s crucial to ensure that your entire team is on the same page when it comes to definitions, expectations, and consequences surrounding harassment in the workplace. Because harassment can look and feel differently depending on the situation and the context, you want to leave no room for misunderstandings or confusion – especially when trying to create a psychologically safe work environment.
Three Reasons Why You Need Harassment Training
1. It promotes and fosters a positive, inclusive, and diverse work environment. Harassment training helps to create a workplace culture that values respect, dignity, and inclusivity. It raises awareness about inappropriate behavior and ensures that employees have an understanding of the importance of treating their colleagues with respect. It eliminates confusion, helps educate and share perspectives that employees may not have experienced or had access to, and helps raise the value of all experiences in the workplace.
2. It can mitigate legal issues. Providing harassment training allows organizations to educate their employees about their rights and responsibilities in relation to harassment laws. This also provides an opportunity for everyone in the organization to have clear outlines of what is not acceptable. It’s part of the employer’s responsibility to create a safe workplace for their employees, and this is just one of many steps in doing so.
3. It can protect employees and promote a psychologically safe work environment. Harassment can have severe emotional, psychological, and even physical effects on individuals. By providing regular harassment training, organizations can aim to protect their employees from experiencing or witnessing such behavior by clearly outlining actions that are unacceptable in the workplace. Training provides employees with the knowledge and tools needed to identify, report, and address harassment more effectively and in a timely manner.
Keep the Training Going!
Between the 2018 and 2021 fiscal years, the Equal Employment Opportunity Commission (EEOC) received a total of 98,411 charges alleging harassment under any basis and 27,291 charges alleging sexual harassment. Since an employer can be held legally responsible for the actions of their employees, it stands to reason that every effort should be made to regularly remind employees of the expectations of their behavior, rather than assuming the training can be a “one and done” scenario.
So how can organizations continue the thread of anti-harassment throughout their organization?
Start at the beginning of the employee life cycle. Include training on the types of harassment, the consequences of engaging in harassment, and the steps to prevent harassment to get new employees started off on the right foot, ensuring that they are familiar with what personal conduct will and will not be accepted in the workplace.
Make sure you regularly repeat the training. Many organizations conduct annual education/training sessions that include harassment as part of the training. This is a great opportunity to refresh your employees’ knowledge of the subject matter and to further emphasize the company’s no-tolerance policy with regard to harassment.
Be sure to review your anti-harassment policy regularly. Remember, the policy is still a great tool in your anti-harassment toolbelt. If you’re not sure where to start, the Society for Human Resource Management provides five ways to update and upgrade your current policy to make sure it’s in line with best practices.
Keep in mind, while federal law advises periodic harassment training, some states may require such training. For example, in California, employers with 50+ employees must provide two hours of sexual harassment training for supervisors every two years. Be aware of the specific requirements of your state or locale when it comes to harassment education for your employees.
Special thanks to Julie Knight, SHRM-CP, for contributing to this edition of our HR Question of the Week!
Are you overdue on harassment or other annual training? Does your current training curriculum need to be refreshed to reflect changes in company policy or legal requirements? Strategic HR has the expertise and resources to help. Visit our Training & Development page to learn more.
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As an employer, I understand it’s my responsibility to take precautions when employees work outside in the heat. Additionally, I learned that OSHA is now conducting Heat Safety Inspections. Do I need a heat safety plan? If so, how do I build one?
HR Answer:
As summer heats up and the temperatures rise above 80°F, so too will heat-related illnesses. Employers should be aware that OSHA places a duty on employers to protect employees from occupational heat-related illnesses both indoors and outdoors. SHRM reports that employers should prepare for an increase in heat-related workplace inspections by OSHA especially as the heat index rises!
Despite being commonly underreported, the Bureau of Labor Statistics found that since 2011 there have been 436 work-related deaths caused by environmental heat exposure. The death of postal worker Peggy Frank from heat stroke in her mail truck led to legislation that require all postal vehicles to be modified to include air conditioning within three years. In 2021, OSHA announced an enforcement initiative on heat-related hazards, developing a National Emphasis Program on heat inspections, and launching a rulemaking process to develop a workplace heat standard.
Starting a Heat Safety Plan
A job safety analysis will provide a better understanding of the heat risks that your employees experience. Positions commonly at risk for heat-related occupational illness are workers in agriculture, construction, landscaping, and mail and package delivery. Indoor environments such as manufacturing plants and distribution centers can create high-heat environments, which through ambient heat and protective clothing can be just as dangerous as the outdoors. When building your heat safety plan, be particularly mindful of the dangers involved with physically demanding positions and positions requiring bulky equipment or gear in high heat.
Monitor The Heat
When the heat index reaches 80°F or higher, serious occupational heat-related illnesses and injuries increase. This is especially true when employees are not yet acclimatized to the heat, performing strenuous work in direct sunlight, or in radiant heat without frequent access to cool water and shade. Monitor ambient temperatures and prepare for high heat events to ensure adequate measures are taken to protect employee health. Businesses with high-heat environments should establish a heat alert program so adjustments can be made to the physical demands of employees working in high heat. Businesses may consider scheduling hot jobs for cooler parts of the day or planning scheduled maintenance or repair work for cooler seasons.
Evaluate Your Tools
Once there is a thorough understanding of the organization’s heat safety risks, evaluate environmental controls such as air conditioning, fans, heat shields, ventilation, or other ways of reducing radiant heat sources. Investments made in improving employee working conditions will improve productivity and provide a boost to morale. Employers can continue to reduce the risk of occupational heat illnesses by providing frequent breaks, and shaded cooling stations with ample cool water that is easily accessible to workers. Establishing a regular schedule of rest and hydration breaks will promote a culture of well-being where employee health and safety are the top priority.
Pay close attention to new hires in high-heat environments as they have not had an opportunity to acclimate to the environment. Provide even more frequent breaks to new employees and ease them into the physical demands. Providing body cooling and protective clothing such as cooling vests can help reduce the impact of the heat on the employee’s health.
Train Your Managers / Supervisors and Employees
Train employees and managers on heat safety to ensure that everyone knows the signs and symptoms of heat stress and is trained on heat-related illness first aid. OSHA fined a Florida-based employer heavily for exposing workers to hazards related to high ambient heat without adequately training someone to perform first aid and ensure they were available to render assistance in heat-related emergencies. Training is key to ensuring employees are educated on heat-related hazards to manage their exposure, take breaks, stay hydrated, and monitor signs of heat stress. Managers need to be trained on heat-related hazards, safety protocols to reduce heat-related illnesses, and how to obtain first aid for any employee suffering from heat-related illness.
Special thanks to Colleen Mahoney, PHR, for contributing to this edition of our HR Question of the Week!
Have you had a safety audit recently? Do you know which OSHA forms you are required to complete? A safe environment plays a key role in keeping a company Healthy, Safe, and Secure. Strategic HR has the expertise you need to ensure your policies and practices are keeping your workers, and customers, safe. Visit our Health, Safety, and Security page to learn more about how we can assist you.
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We don’t have a formalized emergency preparedness plan, and I think we should probably have one, right? What should we include?
HR Answer:
You’re right. Every employer needs an emergency action plan for many reasons, including to be compliant with the Occupational Safety & Health Administration (OSHA) 29 CFR 1020.38(a) requirement. Beyond the mandate, every employer should want to protect their employees from harm to the best of their ability, as emergencies can be unpredictable, scary, and have impacts beyond your business to the community around you – such as the recent explosion at a Northern Kentucky chemical plant. And finally, if you do not protect employees and they are harmed, they may come back with a lawsuit, as was the case after the recent tornados destroyed a local factory in Mayfield, Kentucky.
Emergency action planning doesn’t have to be hard. You should have a written policy to address a variety of potential emergency situations such as a fire, tornado, hurricane, chemical spill or explosion, active shooter, and major illness or pandemic. When prepping Emergency Response Plans, it’s important that you anticipate the variety of emergencies you might face. Consider the risks that your organization may be exposed to, even if they’ve never happened before, and make a list. Create a separate plan for each separate emergency. After all, how you respond to a flood may be very different than how you would respond to a tornado.
From there, it’s important that you prepare your teams. Clearly communicate these plans to all employees at all locations annually and be sure to practice them on a regular basis. At a minimum, the strongest emergency response plans should include:
A way of making an immediate announcement of an emergency to employees (e.g., PA system, phones, text, etc.)
Response procedures including emergency escape routes and safe shelter-in-place designated areas (post these routes/locations at common points in the building)
Identification of a safety officer and/or employees who may remain to perform critical operations before they evacuate/shelter-in-place (depending on the severity of the emergency) and what those operations are
Accounting for all employees after evacuating or emergency has concluded
Rescue and medical duties for employees
Names or job titles of persons who should be notified of the situation
The beginning of a new year is a great time to remind your employees of your emergency action plans and practice them for a variety of situations. Some resources available to assist in developing plans include:
Special thanks to Lorrie Diaz, MS, for contributing to this HR Question of the Week!
It’s not negative thinking to plan for a devastating event that could harm employees or impact your company’s ability to function – in fact, it’s a good business practice. Bad things happen, but it’s how we prepare for and recover from a disastrous event that often leads to success or failure. Visit our Health, Safety & Security page to learn more about how we can help you with your emergency preparedness needs.
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We’re taking a look at revising our dress code policy. We want to balance today’s increasingly casual approach while still asking our team members to look professional. How can we create a modern dress code policy?
HR Answer:
In today’s modern workplace, the concept of dress code has evolved to reflect a more relaxed and individualistic approach. Many companies have moved away from the traditional suit, skirt, button-down, formal shoes, tie, etc. combinations that were common in the past. One of the main reasons for this shift is the changing nature of work itself.
Many jobs today are more creative and require a more individualistic approach. This means that employees are encouraged to express themselves through their clothing choices, as long as it is appropriate for the workplace. Additionally, as younger generations gain a larger presence in today’s workforce, employers have recognized the need to allow for personal expression through clothing and accessories with a lean toward a more casual dress code to attract and retain top talent.
Designing a dress code for the modern workforce is an important task and requires a delicate balance between creating a professional and inclusive environment. Here are some steps to consider when designing a dress code:
Identify your Dress Code Requirements
First, identify the requirements of your workplace, including the nature of the work, the industry, workplace safety, and the expectations of the customers or clients. It might help to categorize your approach in typical dress code categories that most individuals are familiar with, such as business casual, casual, smart casual, company attire/uniform, and business attire.
For those unfamiliar with those guidelines, providing examples is your best route to clearly outline expectations. For example, you could provide images or descriptions of appropriate attire and accessories. These examples will guide the type of attire that is appropriate for your workplace.
If the nature of an employee’s work and who they interact with varies daily (i.e., Are they customer-facing all of the time? Some of the time? Not at all?), that may result in the expectations for their level of dress to change from day to day depending on these factors. So if your dress expectations do vary, we recommend that you clarify this in your dress code policy to help employees navigate through this appropriately.
Make Sure It’s Inclusive
It’s important to balance the need for professionalism with the desire (or need, in some cases) for individual expression, respect for other cultures, and/or the way individuals identify. For example, establishing expectations or limits around how someone wears their hair could limit someone’s ability to abide by their religious beliefs or could discriminate against hairstyles that have cultural significance. For example, The C.R.O.W.N. Act was created for this very reason.
Developing an inclusive dress code should also factor in gender identity. Avoid gender-specific language and instead use gender-neutral language, such as “employees should wear professional attire, such as a suit and tie or skirt and blazer” instead of “men should wear a suit and tie.”
Be Flexible & Seek Feedback
Flexibility is key when designing a dress code that is inclusive of all genders. Consider allowing employees to choose from a range of acceptable attire options, rather than prescribing a specific dress code. If your organization maintains a uniform (ideally, one that can be considered gender-neutral), consider allowing employees to express themselves through accessories or subtle variations in attire, while still maintaining an appropriate level of professionalism.
Finally, seek feedback from employees to ensure that the dress code is meeting their needs and is inclusive of all genders. Encourage open communication and consider making adjustments as needed.
Overall, designing a dress code for the modern workforce requires a thoughtful and inclusive approach that balances professionalism and individual expression. While there are still certain expectations and guidelines that should be followed, employees are encouraged to express themselves through their clothing choices. By understanding your workplace culture and asking employees to dress appropriately for their positions, you can help them find and maintain a healthy balance between professionalism and self-expression.
Thanks to Cassie Whitehouse, M.Ed., for contributing to this edition of the HR Question of the Week!
Trying to find ways to create inclusive policies? Want to build a welcoming environment, but not sure how to develop policies and procedures that reflect that? Our team at Strategic HR can help you create policies and procedures that clearly lay out your expectations of your employees while creating a flexible and inclusive environment. Contact us today or learn more about how Strategic HR can help you remain compliant, avoid unnecessary obstacles, and increase employee trust, engagement, and satisfaction through HR Communications.
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The numbers are staggering and undeniable. According to SHRM’s 2019 study, 48% of HR professionals reported some type of workplace violence incident in their organization. The U.S. Bureau of Labor Statistics also reported in the same year there were 888,220 events or exposures involving injury or illness. Of those, 20,870 were assaults in the workplace. Even worse, 454 of those assaults were fatalities.
Workplace violence has always been on the radar for HR professionals at some level. They are the first to encourage the involvement of an Employee Assistance Program (EAP); they regularly coach supervisors on having difficult conversations with employees; and often, they serve as sounding boards for employees when they are distraught or concerned. Through actions and behaviors, they work to create cultures of engagement, awareness, and even compassion and grace when faced with difficult employee relations issues regularly. Despite all of these efforts, it is sometimes not enough.
What else can be done beyond the EAP to help reduce and prevent workplace violence incidents?
Proper planning and assessment can help to identify risks.
With proper planning and worksite assessment, employers can identify ways to limit potential exposure, reducing the likelihood of incidents occurring. The Occupational Safety and Health Administration promotes a well-written and practiced workplace violence prevention program. But to truly be effective, programs like this need to contain engineering controls and administrative controls in addition to training.
The National Institute for Occupational Safety and Health (NIOSH) has developed specific guidelines to assist with violence prevention in a variety of work environments. Some helpful engineering controls include bright lighting, silent alarms for front desk/access points, video surveillance, access control, and door locks/badge systems throughout the building to limit the access points.
When creating your plan, remember to work with your local firefighters and/or police to get specific direction or even a complete evaluation of your worksite preparedness plan. There are also many paid professionals and consultants that will help write and/or review your plan specifically for your organization. In this situation, one size does not fit all, so be sure to get some expert advice in creating and training on a proper plan.
Encourage open communication – If you see something, say something.
Encourage open communication with employees, as raising and addressing concerns today can protect someone tomorrow. Create a culture where employees are free to voice their issues in a healthy manner and foster respect within the workplace. Remember to take all staff communications seriously. Even the smallest event can trigger individuals, so properly plan all messages and their delivery, especially if you are implementing any type of change.
Ask employees about safety concerns.
Be involved. Ask questions. Ask employees if they feel safe and what could be done to create a safer environment. Ask them how they are doing. Ask them what concerns or issues they have (and follow up). Focus on early detection of potential issues. HR professionals can play an important role by asking questions and being involved with the goal of early intervention and prevention of workplace incidents.
Leverage technology to identify and address incidents quickly.
New technology is quickly becoming helpful in ways we could have never imagined. A few examples include the following tools out in the market today.
Response technologies can be used to quickly activate the need for first responders. There are tools with location and geofencing that allow responders to pinpoint the actual spot where an event is reported. Active shooter research tells us that in many cases there is a very short window to intervene. Having location accuracy helps improve the chances of an effective and timely response.
Digital technology tools continue to evolve in this space. There are apps, for example, that organizations can provide to employees that allow for confidential reporting of workplace concerns. Think “Ethics Line” gone mobile. These tools allow employees to report concerns – confidentially – and in real-time. The employee report can even include uploaded photos, video, or audio of the behaviors or events they are concerned about or have witnessed, assisting with a future investigation if necessary.
Acoustic gunshot detection is another type of technology that has been implemented in some worksites. These types of systems automatically detect the sound and then tie it to the company’s security systems. It can then sound an alarm, notify the security team, and even dispatch help… long before someone onsite can even discern if the noise was a gunshot or make a call for help.
More sophisticated security programs and camera systems can also assist with potentially violent situations. Old camera systems are reactive, sometimes only activating when a commotion activates the camera. New systems today are proactive, using facial recognition. The systems can send signals if an unauthorized person enters a building or even if someone is carrying a weapon onto the worksite.
As the number of incidents continues to grow, HR professionals and business leaders need to prepare their worksites in ways they have never done before. It is important to remember that the culture we create, the programs we provide, and the tools and technology we implement can help to calm a potentially violent situation you did not expect. Human Resources can take an active role “beyond an EAP referral” to prepare the workplace, staff, and employees to handle these unpredictable situations and even potentially save lives.
Special thanks to Patti Dunham, MBA, MA, SPHR, SHRM-SCP for contributing to this edition of our HR Question of the Week!
In 2019, Strategic HR and MYCA Learning partnered together to support organizations in their search for essential training in accessible ways, resulting in the creation of our Active Shooter Preparation e-Learning Course. Geared toward preparing and protecting our communities should they face the unthinkable, this fifteen-minute course seeks to educate participants on how to be aware, how to assess their surroundings, and how to make a plan.
I keep seeing information about “Equal Pay Day” during Women’s History Month. What is Equal Pay Day, and how can I recognize it in my organization?
HR Answer:
Equal Pay Day is a symbolic day that puts into perspective the 23% pay gap between a woman and a man in the same role. Based on the current gap, a woman has to work one full year plus several additional weeks into the following year to make the same amount that her male counterpart made in one year alone.
In 2023, Equal Pay Day is March 14, representing the 2022 US Census Data showing women make 84 cents (all full-time workers) and 77 cents (all full-time, part-time, and seasonal earners) for every dollar paid to non-Hispanic, white men. This translates to an annual wage gap of $9,954. That gap is unfortunately even larger for most women of color, resulting in a gap of $.64 on the dollar for Black women, $.62 for mothers, $.61 for Native Hawaiian and Pacific Islanders, $.54 for Latina women, and $.51 for Native and Indigenous women.
Equal Pay Day was established in 1996 by the National Committee on Pay Equality (NCPE). The day is recognized annually, but not always on the same date due to the pay gap calculation. Even though Equal Pay Day has been around for 27 years, it is more widely recognized today, in part due to the stronger focus on eliminating the gap. Current initiatives, such as pay transparency and salary history ban laws, were introduced by individual cities and state-wide to address the pay gap.
Where are Equal Pay Laws in Place?
On January 1, 2023, three new states were added to the list of city and state governments that passed laws to protect applicants by banning employers from asking about prior salary history and/or requiring that companies list salary ranges in their job advertisements. Currently, the following governments have such laws:
States:
California
Colorado
Connecticut
Maryland
Nevada
Rhode Island
Washington
Cities:
Cincinnati, OH
Ithaca, NY
Jersey City, NJ
New York City, NY
Toledo, OH
Westchester County, NY
According to the Society for Human Resource Management (SHRM), pay transparency is one of the top issues people managers will face in 2023. According to Monster’s 2022 poll, 98% of workers believe salaries should be disclosed, with another 53% of applicants refusing to apply for a position if the salary is not disclosed.
How Can I Support the Movement?
So how can employers address the gender gap and honor Equal Pay Day in their organizations? Some recommended ways include:
Performing an Equal Pay Audit to review job classifications, salaries, and genders and take corrective actions if inequity is found.
Reviewing compensation policies to remove gender bias.
Removing managerial discretion on pay and sticking to a salary band of positions for new hires and for annual increases.
Removing prior salary history from applications and interviews.
Establishing fair scheduling practices to allow for caregiving.
For even more ways to contribute to awareness and celebrate Equal Pay Day you can visit equalpaytoday.org.
Thank you to Paula Alexander, MA, PHR, SHRM-CP, for contributing to this HR Question of the Week!
Performing an equal pay audit can be a complex, but necessary, step toward equal pay for all. Clark Schaefer Strategic HR is ready to assist you with any of your needs around Benefits and Compensation. We offer assistance with everything from job descriptions to policy development to help address your complex issues that impact employee compensation or benefits. Please visit our Benefits and Compensation page for more information on how we can assist you.
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In today’s fast-paced and high-pressure market, it’s difficult to truly disconnect from work. We’ve been trying to find ways to give our team a break to avoid burnout, but sometimes a week of vacation just isn’t enough. Could sabbaticals be the newest tool in our retention toolbox?
HR Answer:
You’re not alone in considering sabbaticals as they seem to be gaining in popularity. According to a recent World at Work survey assessing US organizations ranging in size and industry, 10% of organizations offered paid sabbaticals (up from 7% in 2019), and 29% offered unpaid sabbaticals (up from 16% in 2019). Now, as we’re well into a period with many different names – the Great Reshuffle, the Great Resignation, the Great Re-Evaluation to name a few – sabbaticals may be the unsung hero that benefits both employers and employees alike when it comes to talent retention, supporting good mental health, and strengthening employee engagement and dedication to their work and your organization.
Time to Re-Charge, Re-Energize, and Reconnect
It’s no secret that the first beneficiary of a sabbatical is the employee. Unfortunately, those who do choose to take sabbaticals may often lack the opportunity to properly enjoy them. In fact, The Sabbatical Project reports that nearly two-thirds of those who do take a sabbatical are often forced into them due to traumatic circumstances out of their control – the loss of a family member, health issues, the need to navigate complex or dissolving relationships, etc. Not exactly the most relaxing setting for a rejuvenating and relaxing period of time.
Although a sabbatical can be used to address such issues, it could benefit organizations to promote them for a broader purpose. Employees should be encouraged to consider using a sabbatical as an opportunity to truly disconnect, re-energize, and re-focus if suffering from burnout or fatigue. They can also be used to discover new passions, chase hobbies, and gain the experiences that many may put off until after retirement.
Sabbaticals Benefit the Employer Too
And while a sabbatical, paid or unpaid, can seem like an intimidating amount of time away from the desk for both the employee and the employer, the benefit of a re-energized and re-engaged employee can pay back dividends. Interviews for a Charter and TIME article revealed employees who returned from a sabbatical found themselves more creative, felt greater feelings of loyalty and energy, and brought new ideas to the table.
When considering the cost of having to replace a long-term employee, along with their organizational knowledge, skills, and work relationships built over time, offering a sabbatical as an opportunity to renew and recharge may be far more cost-effective. In addition, offering sabbaticals as part of your benefits package is not only attractive to retain current employees, but can also be a valuable talent acquisition tool to attract new talent.
Your Team Will Benefit From Your Time Away
The longer nature of sabbaticals creates an opportunity for cross-training. As opposed to managing through vacations where you can push a project or a question off “just a few days” until a person returns, sabbaticals present a fantastic opportunity to engage other team members in new and different tasks, departments, and levels of the organization – providing the employer with a built-in opportunity for the career development and growth that ranks high on job seekers’ lists today.
Sabbaticals Don’t Come Without a Cost
It would be a win-win if sabbaticals came without a cost to the employer or employee, but unfortunately, that’s not the case. That’s why it’s important that employers establish their promises and expectations for sabbaticals. How often and for how long can employees be away? Do they need to serve a certain number of years to qualify? How much of their regular pay will they still receive, if any? How does a sabbatical tie into their PTO or other time off categories?
While the cost may not be a surprise, the money saved by creating an attractive workplace, providing necessary mental health benefits, and showing that you’re an organization committed to putting employees’ needs first may very well pay dividends in attracting and retaining valuable talent.
Special thanks to Samantha Kelly for contributing to this HR Question of the Week!
Providing adequate Benefits and Compensation for your employees is key to the recruitment and retention of a well-performing workforce, and having the right policies in place can make or break a company. Clark Schaefer Strategic HR can help you structure your benefit and compensation system to meet today’s competitive market. Please visit our Benefits and Compensation page for more information today.
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Do I really need job descriptions for my employees? Are they legally required? We have a small staff and everyone has to be willing to do everything. What is the value of having job descriptions?
HR Answer:
No, job descriptions are not legally required documents, however, they can help your employees (and their supervisors) to understand their responsibilities and how their roles contribute to the mission of your organization. They are also an important part of compliance and, when written well, can help to protect your organization should you face employment law disputes.
To achieve optimal performance, it’s important that your employees understand the scope of their responsibilities. Job descriptions help to define a job by determining and documenting the responsibilities of the position and the physical requirements of the job. This document is not a “how-to” or a procedure outline (which can change frequently), but rather it should capture what individuals are accountable for in their job.
Job descriptions add value because they:
Provide a clear picture of the job to applicants applying for the position
Help current employees to understand what they are accountable for
Serve as a helpful tool for supervisors to coach employees on how to improve performance
Help to determine appropriate salary levels for a position based on the expectations, education, and experience requirements for the role
Allow individuals to evaluate the physical requirements necessary for the position and what the work environment is like (i.e., Does it require heavy lifting? Is it a “desk job”? Does it involve frequent travel, evenings, or on-call availability, etc.)
Allow organizations to determine if an employee can perform the physical functions of a job or if an accommodation could be made for those applying for a job (or coming back from a medical leave or workers’ compensation leave, for example)
Getting Started: What to Include in a Job Description
If you’re beginning the process of creating job descriptions, it can be helpful to conduct a job analysis to understand the necessary tasks and responsibilities for the position and how the job is performed by employees at your organization.
Common components of a job description include:
Job Title
Reporting Structure: Role the position reports to and role(s) the position supervises, if applicable
Job Summary: It is helpful to provide a brief, general overview of the position.
Essential Job Duties/Function: Describe the duties that must be performed in the job. Focus on the function of the job rather than the means used to achieve that function. It helps to identify the required outcomes of the job tasks rather than describing the tasks themselves.
Physical Demands/Requirements
Work Environment
Minimum and Preferred Requirements
Disclaimer: Explains the job description isn’t designed to list every responsibility and is subject to change.
Acknowledgement/Signatures of Incumbent and Supervisor
For additional components to consider, see this step-by-step guide provided by the Society for Human Resource Management (SHRM). We also recommend that you consult your legal counsel for guidance to ensure your job descriptions are appropriate for your organization and legally compliant.
Out of Date Job Descriptions Pose a Risk
It is important for your job descriptions to be kept up to date, otherwise they can potentially cause more harm than good when it comes to providing HR Compliance support. However, when written well, the positive aspects of a job description outweigh the negatives and can provide you with documentation on the job requirements and support actions that you may have taken. Therefore, whenever your organization goes through significant changes or the nature of your work or specific jobs shift, be sure to revisit and revise your job descriptions accordingly.
An Easy Way to Keep Job Descriptions Updated
If finding the time to revise your team’s job descriptions feels like a daunting task in and of itself, consider addressing them one at a time. An easy way to work updates into your routine is to have supervisors take a few minutes during the performance review process to work with each employee to make any necessary updates their job descriptions. Approaching the updates one at a time during your reviews can help to make the process more manageable.
Job descriptions are too important to fall to the bottom of the “wish list.” When done correctly, they serve a multitude of functions. However, we understand busy workloads often relegate job descriptions to a “when time permits” activity. If you are putting off creating or revising your job descriptions due to a lack of time or staff, contact us. Dare we say it’s “in our job description” to help!
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Have you ever had an employee question an employment agreement or say they didn’t mean to agree to a term of their employment? Why is it so important to get an employee’s signature?
This is a critical question for all employers, and the answer applies to more than just employment agreements! At its root, a signature is used to show the intent of an individual to bind oneself to a contract or make a written representation.
Why is an Employee’s Signature Important?
In the case of a new hire’s employment agreement, the signature here binds both the employee-to-be and the company to the agreed-upon terms such as salary, benefits, schedule, etc. – all items you don’t want to have to argue over after the employee has already started.
There are other instances where having an employee’s signature can help to protect your organization beyond the employment agreement. For example, when memorializing a performance conversation, it may be important to have an employee make a written representation of the fact that they were there, they understand the conversation, and they’ve agreed to any future action discussed during the meeting.
Obtaining an employee’s signature on documents such as these not only helps to clarify expectations, but it can also be an important part of your organization’s risk mitigation.
Employee Signature Best Practices
These signed documents are used should the agreement, the conversation, or actions be called into question, whether that’s internally or in a court of law. To eliminate additional confusion, there are best practices when gathering employee signatures.
A signature in ink is recognized as the standard for executing documents. However, should in-person not be an option (as many organizations have experienced a significant increase in remote workers), other legally recognized methods of signing are effective. These may include a scanned PDF of a signed document with an original signature or obtaining an electronic signature using software that is legally recognized, such as DocuSign, Adobe, certain payroll services, etc.
All in all, it goes back to showing intent to sign should anyone ever question that an agreement was created.
What Doesn’t Count as a Signature?
What you want to avoid is a question of fraud or whether an individual intended to enter into the agreement. Just typing a name using script font instead of using an original signature is typically not sufficient because it is easier to claim that it was created by someone other than the named party.
Additionally, simply cutting and pasting a picture of a person’s original signature into a document, as is sometimes done on letters, isn’t recommended because it can be more easily used to create counterfeited documents (or alleged to be counterfeit by a party not wanting to be bound by the agreement). Having said that, it is slightly better than typing in script font.
In the end, it is important to protect both parties – the employee and the company – with original or well-documented signatures in the case of disagreements or audits. By taking a little bit of additional time upfront to ensure that you’ve gathered an employee’s signature correctly, you can prevent a significant amount of wasted time and money later down the path.
Special thank you to Emily Smith, JD, General Counsel for Clark Schaefer Hackett, and Sammie Kelly for contributing to this Emerging Issues in HR.
Although maintaining proper recordkeeping practices may not be everyone’s forte, it is a critical piece to help protect both your organization and your employees. But don’t worry, Clark Schaefer Strategic HR are here to help! We can conduct an HR Audit to review your HR policies, procedures, documentation, and systems to identify any areas for improvement or enhancement in your HR function. To learn more, visit our HR Audit page or Request an HR Audit Quote.
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Our company has agreed to allow employees to work a hybrid schedule, allowing them to work from home on multiple days during the week. Although this has been very well received by employees, we have seen an increase in the number of injuries from employees working from home. How do I know if a home office injury is covered by workers’ compensation, and how do I handle these claims?
HR Answer:
The Bureau of Labor Statistics announced that in 2020, private industry employers reported 2.7 million nonfatal workplace injuries and illnesses. Although down from 2.8 million in 2019, workplace injuries are still an expensive and difficult issue for employers, and with the increase in the number of employees telecommuting and working from home or alternate locations, this task has some additional unique challenges.
What is a compensable injury under workers’ compensation?
In many instances, it is easy to determine if an injury is covered by workers’ compensation. The key words in determining coverage under workers’ compensation are: “arising out of (what they were doing) and in the course of (where were they – time, place, etc.) employment.” Cutting your finger opening a box at work is an easy example of a covered injury. Injuries from a home office are not always as easy to determine coverage. Overall, injuries and illnesses that occur while an employee is working at home are considered work-related (and thus compensable) if the illness or injury occurs while the employee is performing work for pay in the home or alternate workspace and the injury or illness is directly related to the performance of work. If the employee is completing a work task and they can prove they were working in the interest of their employer when they got hurt or injured, it is typically a covered event.
One important note is that employers must also consider the “personal comfort doctrine.” This legal term states that certain personal activities for the employee’s comfort (bathroom breaks, eating/drinking) are deemed necessary and are considered part of an employee’s work activity. According to the personal comfort doctrine, tripping over the dog and breaking your leg while walking to the bathroom at home during work hours could be covered under workers’ compensation. This doctrine, along with the overall lack of witnesses and the inability to control the work environment, can lead to frustration regarding workers’ compensation claims outside of the traditional workplace.
What can employers do to protect your organization and your employees?
We recommend taking the following steps to establish expectations for safe remote work environments, as well as what to do if you receive an injury claim from a remote worker:
Create a work-from-home policy that includes the requirement to maintain a professional, well-kept, and safe work environment. Include home safety audits.
Require employees to report any work-related injuries or illness immediately to their manager or safety official.
If an injury occurs, obtain a report of the accident and be sure to include a written statement from the employee. The report should include exactly what the person was doing at the time of the injury. How, when, and where the injury occurred should be detailed in the report. Cumulative injuries and slips, trips, and falls are the most commonly reported home injuries, therefore, getting these details is important.
Ask the employee to take pictures of the work area where the injury occurred as well as of their injury, if possible.
Provide all of the pertinent information to your workers’ compensation carrier or administrator, and let them make the assessment as to work-relatedness. Include legal counsel if necessary.
Overall, treat all workplace injuries the same, regardless of where they occurred. Claims must be actively managed from the time they are reported. Employee safety and health should be a priority for all employers, regardless of an employee’s work location. Actively managing these claims is one step in assuring their well-being and the well-being of the company.
Thank you to Patti Dunham, MBA, MA, SPHR, SHRM-SCP, Director of HR Solutions for contributing to this HR Question of the Week.
Strategic HR understands your concerns with the well-being of your employees as well as your organization. We offer expertise in health, safety, and security to cover any need you may have ranging from creating workplace safety policies to developing a business resumption plan for handling unexpected emergencies. Please visit our Health, Safety & Security page for more information.
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Mergers & Acquisitions (M&A) are a complicated process affecting every facet of an organization – most importantly, its people. Because employees are the key to ensuring the success of any organization, it is critical to develop a thoughtful and strategic human resources-focused approach in the M&A process. This requires HR leaders to be involved from the beginning – as Forbes reminded us of several notable failed M&A attempts when employees were not factored into the process from the start. Through early and ongoing inclusion in the M&A evaluation, planning, and integration process, human resources can play an important role in strategic planning, change management, effective internal communication, and cultivating/transitioning culture.
HR’s Role in the Five Phases of M&A
We have found that most mergers and acquisitions include the following five phases, and we have identified how HR professionals can and should play a role in each phase to result in a successful merger.
Phase 1: M&A Evaluation
The first step in the M&A process is for the interested parties to start discussing the possible merger or acquisition. The name of the game here is discretion. Due to the sensitive nature of M&As and the data that will be shared, both parties will need to sign non-disclosure agreements (NDAs) to ensure that no information is leaked before the appropriate time.
These preliminary talks are often highly secretive because they may/may not lead to a merger, so there is no need to cause alarm. Although the level of confidentiality that’s needed can vary, its importance is heightened if either party is publicly traded. It’s critical for HR to be involved early to understand the HR landscape at a high level, including information such as the number of employees and managers, locations, whether or not a union will be involved, etc.
Phase 2: Third Party Engagement
Third parties help both the buyer and seller navigate the process. These third parties are usually lawyers, accountants, investment bankers, financial planners, business coaches, or M&A advisors. These individuals will be involved in the development of the structure and content of the legal agreement.
A merger or acquisition can happen quickly or take months. Although the timing varies, it is not too early for HR to start looking into what management changes need to take place when this deal closes, potential cultural problems, redundancy issues, and what key employees need to be retained. Having thought through these issues early in the process will improve the outcome.
Phase 3: Prep Time and Due Diligence
In this preparatory phase, HR should become even more involved. Initially, as an HR expert, you will want to get as much information as you can from the seller to begin your analysis. This information is usually provided in a secure data room and may be provided in general terms without any names, but it will give you an idea of the “HR side” of the organization. This could include:
Leadership compensation
Organization chart
NDAs
Employment agreements
Payroll records
Benefits that are offered, including 401k/retirement, compliance with ERISA, carriers for the plans, costs, last 2 years’ data
Pending legal issues
Financial documentation
At this point, the parties will sign a letter of intent signaling that they are all in agreement with the business framework for the deal. Now the due diligence begins. All documents are carefully reviewed by HR and finance to ensure that there are no unexpected surprises that could derail the deal.
Phase 4: The Agreement
In this phase, the finer details and price become the top focus. There are books written about how valuation is calculated in various industries, so we won’t go into that here. The most important thing is that both parties will come to an agreement on the price and legal documents will be drawn up. Be aware that negotiating the finer details of the acquisition may take longer than you would think.
Once the agreement is reached, there are some filings that need to be completed including with the secretary of state, tax documents, workers’ compensation, and other government bodies who will need to be notified of the event. At this point, the information will soon be public, and you should have a communication plan ready.
Once everything is signed, the integration of the two entities begins and management and HR must now bring the two workforces together.
Phase 5: Integration
HR is now tasked with ensuring the new company is fully integrated. The integration phase includes:
Communication strategy
Combining the organizations and cultures
Determining redundancies
Formulating strategy
Ensuring the retention of staff
The “people” side of the acquisition is extremely critical at this point. HR must find ways to retain key employees and keep employees engaged.
How HR Can Ensure Successful Integration
To weave together a new organization, HR will need to keep an eye on many different threads – first among those is culture. Cultural compatibility issues often arise when bringing together two or more organizations in the M&A process. The M&A integration always has a degree of misalignment, regardless of the perceived similarity between the two organizations. Cultural alignment has been identified as the top challenge in M&A transactions, therefore we recommend HR professionals be prepared to address it early on.
Additional areas of focus, as reflected in the diagram below, include combining policies and procedures, identifying and retaining key employees, conducting talent assessments, combining compensation and benefits, and implementing a well-developed communication strategy.
Identifying and Retaining Key Employees
Retention of key employees will be critical to the success of the M&A. To retain key talent that will help make the new organization successful, HR and/or management should communicate its intentions to the “star performers” as early in the process as is legally possible to help ensure retention. This will involve requesting access to conduct confidential interviews with key employees in advance of the actual closing date.
HR should advise management to be very careful not to under-commit to these key employees, or they will consider other employment options. Star performers know who they are and understand their personal and professional marketability.
Combining Policies and Procedures
HR will need to look at the policies of both organizations and consider how to handle the differences. You may choose to retain only the buyer’s or seller’s policies or combine the best pieces from both organizations. You will also need to determine how to handle any changes that would cause employees to have less than what they currently have (i.e., PTO, cell phone, etc.). In the end, you may decide to grandfather those items or provide compensation.
Conducting Talent Assessments
HR will need to identify and manage redundancies and reductions. Be prepared to allocate a significant amount of time to assess employee knowledge, skills, and abilities (KSAs) to determine which individuals will be retained and who will be let go. Your strategy may include terminations, early retirements, and a longer-term plan to simply not fill certain positions as they are vacated. A careful strategic approach will be key here – the ways in which these talent management decisions are made will be as important as the actual decisions themselves, as they’ll communicate a great deal about the new organization’s values.
Tips on how to approach talent assessments:
Go through your organizational chart and identify key people. Don’t limit yourself. Consider everyone, not just management. For example, are there key people in your hourly staff?
For each key employee provide:
A short summary of their main responsibilities
Years of service, specific experience, and retention risk estimate
Criticality of the role/employee for the continuation of business and operations
Any specific agreements with the employee not included in the data provided (i.e., education, training, bonus, perks)
Development ambition/potential for next steps or succession candidate for other roles within the company
Other comments to be highlighted by management
You may find a 9-box tool to be helpful in this analysis.
Combining Compensation & Benefits
Depending on the circumstances of the deal – and the compensation policies of the combining companies – HR will likely be called on to splice disparate payment plans into a compensation program that fits the new organization.
It goes without saying that all employees, new and old, will be concerned about what is happening with their pay. Be sure to provide full and early disclosure about the changes being considered to put their minds to rest. Also, members of the senior management team will be anxious to see what types of special arrangements (i.e., stock options, special retirement provisions, severance agreements) will be offered to them given the high-profile nature of the new positions.
In addition to developing compensation programs, HR will likely be required to assess and make recommendations on employee benefits. You can follow a similar process to how you combined policies and procedures for the organization by retaining only the buyer’s or seller’s benefits or combining the best pieces from both organizations. You should also decide if there are any options for which you choose to grandfather in or compensate.
Similar to compensation, employees are sure to be concerned about possible changes to their employee benefits coverage and will want to be informed about “the new package” as soon as that information is available.
Implementing a Well-Developed Communication Strategy
Having a well-planned communication strategy in place is critical throughout the M&A process. It is important to control the message, delivery, and timing, especially when it comes to who gets the information first (i.e., employees, clients, media, investors). When preparing your communication strategy for employees, HR and company leaders should use a concise people-related strategy.
You should include:
The shared vision for the new company
The nature and progress of the integration and the anticipated benefits
The outcomes and rough timelines for future decisions
Compensation and benefits
Key policies, rules, and guidelines to govern employee behavior and related workplace expectations (i.e., attendance, time off, harassment, drug testing, privacy, etc.)
Communicating clear, consistent, and up-to-date information not only will give employees from both organizations a sense of control by keeping them informed, but it also can increase the coping abilities of employees and minimize the impact of the integration on performance.
Five Tips for a Successful Communication Program:
Establish multiple routes of communication (i.e., one-on-one meetings, group sessions, newsletters, intranet updates).
Focus on the themes of change and progress by highlighting projects that are going well and action items that are being delivered on time.
Repeat the common themes of the M&A to increase employee understanding of the rationale behind the transaction.
Provide opportunities for employee involvement and feedback.
Ensure that employees understand there will be problems, but give a commitment that the problems will be identified and addressed as early as possible.
The Importance of Transparency and Compassion
The success of your integration hinges on how your restructuring is implemented. As a result, the highest priority for the acquiring company is to be transparent and straightforward about what is happening and what is planned. Even when the news is bad, the one thing employees of newly acquired companies appreciate most is the truth. This includes being able to say “we don’t know” about certain areas or “we have not yet decided” about others. Being honest also includes sharing information about when and by what process a decision is expected to be reached.
Once decisions are made about functions and people, HR and company leaders must treat those employees who will be negatively affected by the transaction with dignity, respect, and support. Not only is this approach the humane thing to do, but it also is a powerful way to show those who remain what kind of company they are now working for and can help them to begin to develop positive feelings toward the new organization.
Thank you to Cecilia Vocke, MS, SHRM-SCP, SPHR, for sharing her expertise in this article.
Ensuring that your HR Strategy aligns with your Company Strategy is critical to the success of your organization. Clark Schaefer Strategic HR has years of experience helping clients develop and implement their HR strategy and goals. Visit our HR Strategy Services to learn more about how we can help to assess your organizational design and HR processes to effectively plan for the future.
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I’m a new supervisor. Now that I have oversight of my team, I know it’s my responsibility to keep an eye out for unethical behavior. But what does that behavior look like? How can I prevent unethical conduct on my team?
HR Answer:
Ethics in the workplace can be a broad and, at times, intangible concept. At its root, unethical business practices include any behavior that violates the law, such as theft or violence, but can also include areas that are broader and more nebulous. According to The HR Digest, the five most common examples of unethical behaviors are:
Employee theft. In 2012, one out of every forty employees was caught stealing from the workplace.
Misusing company time. This may include an employee who spends the entire morning placing orders on Cyber Monday or a co-worker who clocks in for an employee who shows up late.
Verbal abuse. This can include bullying co-workers or subordinates or harassing employees.
Lying in the workplace. An example could be a sales employee who tells customers that a defective product has a flawless reliability record.
Taking credit for someone else’s work. This could be an employee who takes credit for a co-worker’s idea for a process improvement and receives a bonus for a job well done.
Is Unethical Behavior Really That Common?
Studies suggest that unethical behavior is something that all managers must confront at some point in their careers. To illustrate this point, in HR Ethical Dilemmas by the Society for Human Resources Management, 30% of surveyed U.S. employees said they felt pressured to compromise their workplace’s ethics, a 14% increase from three years earlier. Almost half of those employees surveyed said they observed misconduct that violated their organization’s ethics standards.
The risks of unethical behavior in business can be devastating. For instance, bad corporate behavior can lead to the loss of valued employees and can discourage new recruits from applying. Employees want to work for a company that has values that align with their own personal values. They’re even willing to take a pay cut for it, as evidenced by MetLife’s recent study that found 89% of employees are willing to trade some of their salary (an average of a 21% pay cut) to work at a company whose values match their own.
But the impact isn’t just felt internally, as customers’ decisions can also be impacted by unethical behavior. According to Accenture’s Global Consumer Pulse Research, 62% of consumers consider a company’s ethical values and authenticity before making their purchasing decisions. Finally, unethical behavior can carry with it legal risk, resulting in fines, penalties, and even incarceration.
How Can a Company Prevent Unethical Behavior?
Companies can take steps to prevent unethical and unlawful behavior. This includes the following steps:
Establish a Code of Conduct. Business leaders, including HR, must establish clear statements that define a company’s values, principles, and conduct.
Train every employee on the company’s values, principles, and code of conduct. Training should be done in a way that helps each employee to see how their work and behavior support these principles.
Establish a means for reporting unethical behavior. One of the most effective ways of enabling employees to report workplace ethics violations is to establish a 24/7 hotline that allows employees to report concerns anonymously and without retaliation. Those staffing the hotline should be a third-party, or employees who are removed from operational management. Concerns should be reported directly and confidentially to a senior executive or, in some cases, to a designated Board member.
Include a question on business ethics in your employee engagement surveys. If employees respond less than favorably to this question, find out why through focus groups or department meetings.
Share your Code of Conduct with your clients and suppliers. Let them know the company will abide by the Code while working with them. Provide them with a means to share feedback on any concerns regarding business ethics while working with the company.
As a supervisor, it goes without saying that your team is likely to emulate the behavior that you model. Therefore, it is important that you uphold the company’s values and Code of Conduct in your own behavior and ensure that your team members receive the appropriate training and understand the ethical standards they are expected to maintain.
Special thanks to Terry Wilson, SHRM, SPHR-SCP for writing this edition of our HR Question of the Week!
Have a new supervisor on your team? Put them on the road to success by signing them up for our Supervisor Training Series! Visit our Training and Development page to learn how we can help your management team to get off to the right start.
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We’re trying to review our benefit offerings to make sure that we’re meeting each of our employees’ needs. We’re able to offer the basics – health, dental, vision – but are there offerings we haven’t considered yet to keep up with benefit trends?
HR Answer:
In today’s market, it’s as important to retain the talent that you have as it is to recruit the right talent. The conversation around retention has offered employees a greater opportunity to be more vocal about their individual needs. So, what innovative employee benefits trends are employers implementing to retain their workforce and catch the eye of necessary talent? How can employers structure their benefits package with offerings that are appealing and beneficial to each employee?
Now more than ever, employees consider benefit offerings as an essential part of their compensation packages. While it’s obvious that employers can’t offer the sun, moon, and stars, employers can survey their teams to understand the benefits that would truly make a positive impact in their lives (and hopefully retain these employees longer). The results may surprise you, as it’s possible only a few adjustments need to be made to meet the wants and needs of your workforce.
For example, consider these four trending areas to enhance benefits and voluntary options to accommodate employee wants and needs: mental health, policies to support neurodiverse employees, support for life-changing diagnoses, and financial assistance.
Mental Health
Mental health remains one of the most talked-about and pressing benefit trends of this year. Even though the COVID-19 pandemic has receded to levels that allow for a partial return to normal, the impact on mental health remains. Many employers are turning to partnerships with apps like Calm or Headspace, while others (such as Clark Schaefer Hackett) have taken the opportunity to extend their Employee Assistance Programs (EAPs) to cover their employees’ extended family members, such as siblings and in-laws.
Policies to Support Neurodiverse Employees
It has been proven that diverse workforces naturally perform better. But diversity goes beyond race, gender, or age – it can also apply to thinking styles, abilities, and problem-solving practices (also known as neurodiversity). By creating inclusive policies and benefits for neurodiverse individuals – such as people with autism – organizations can open their doors to additional talent, unique perspectives, and innovative individuals, creating even greater diversity and inclusion in their workplace.
Support for Life-Changing Moments
As the conversation around work/life balance ebbs and flows between a balance and an integration, many would agree that personal life priorities impact performance, focus, and success at work. Offering support for moments such as cancer diagnoses and care programs (such as cancer insurance or critical illness insurance) or addressing the needs of female health (such as time and flexible work hours to deal with symptoms of menopause or fertility needs), miscarriages, or adoption needs can go a long way in addressing the work/life needs of your employees.
Financial Assistance
According to Schwab Retirement Plan Service’s annual survey, 48% of participants found themselves more likely to save more in general due to the pandemic, with over 85% listing a 401(k) plan as a “must-have” benefit. If 401(k) plans fall outside of what your organization can provide, consider offering smaller but still impactful benefits such as reimbursements for work-at-home expenses, stipends for child-care support, or programs to support emergency savings, debt management, and budgeting.
While healthcare costs continue to rise amongst the “Great Resignation” waves, employers are not without ways to attract and retain a larger percentage of their employees – starting with their benefit offerings.
Thanks to Janine Cummings, SPHR, SHRM-SCP for contributing to this edition of our HR Question of the Week.
Strategic HR has the answers to all of your tough Benefits and Compensation-related questions. Please visit our Benefits & Compensation page for more information or contact us to troubleshoot today.
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I’ve been asked to look into how we can use bonus grants as part of our retention strategy. Can you help?
HR Answer:
Changes in the economy – as well as clashing generations in the workforce – have altered the employment landscape. Gone are the days of someone retiring after 40 years with the same company. Job hopping has become the norm, and in the war for talent, top performers are regularly being courted by the competition.
Organizations need to implement new and creative ways to keep their key employees – and keep them happy. While salaries are generally staying level, more employers are focusing on bonuses as a way of rewarding employees. But traditional bonus programs may not be good enough anymore. Enter: The bonus grant.
Bonus grants are different than conventional bonuses in that they are a commitment that the company makes to key employees. Instead of earning raises and/or bonuses that are paid out annually, key employees accrue larger bonuses over a longer period of time. The company also has the option of tailoring the program to the individual employee to provide the most appropriate benefit.
While there are many advantages associated with implementing a bonus grant program, the following are the three most significant:
Retention
Most bonus programs are paid in the year they are earned. While this may immediately inspire feelings of gratitude and loyalty, the effect quickly wears off. With bonus grants, key employees are credited a certain bonus amount each year, but they are not fully vested until a specific date determined by the employer (usually 5-10 years). This is a terrific way to help ensure retention because if an employee leaves the company, they are walking away from the bonus account that was set up for them.
Flexibility
Unlike salary raises that commit employers to funds that they may not be able to spare in the future, bonus grants provide companies the flexibility to determine how much – if any – money is given to a specific employee based on their individual performance, as well as the company’s performance that year. Employers can set a different percentage or flat rate for each employee in the program, and these numbers can vary from year to year at the employer’s discretion.
Simplicity
There are different types of retention tools and tactics in the marketplace, but most are complicated and difficult to understand – for both employers and employees. A bonus grant program can be very straightforward. By keeping it simple, key employees will easily understand the value of the benefit being offered, and the company leadership will understand what they are committing to.
Is a bonus grant program right for your company?
Here are some questions to ask when deciding whether a bonus plan is right for your company:
Are you having issues recruiting and retaining key employees, or competing with larger companies for employees at the executive level?
Do you wish to provide specialized forms of compensation to key executives or employees in lieu of making them partners or part owners in the business?
Is your ability to offer a more robust benefits package to high-performing employees hindered by your business’ lack of free cash flow?
If you answered “yes” to any of these questions, a bonus grant program is worth exploring.
Thank you to our CSH colleagues, Bill Edwards and Lance Drummond, for contributing to this HR Question of the Week.
There is some strategic planning involved in setting up a bonus grant program, but our skilled colleagues at Clark Schaefer Hackett can help your organization set up and administer one. If you’re looking for a creative way to hold onto your best employees, a bonus grant program may be something that sets your company apart from the competition. For more information, please contact us.
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Question: AED’s have been mentioned in safety demos and tutorials that I have attended. Does my company need one of these devices? If so, what type of training is needed in order to use it?
Answer:
The safety and well-being of your employees and anyone who visits your place of employment should be top of mind for all organizations. There are many tools and resources that can help with your organization’s first-aid and emergency preparedness, including an AED.
What is an AED?
An AED is an Automated External Defibrillator, which is a portable device that measures the heart’s activity and can deliver an electric shock in order to correct the rhythm of the heart. It can also restore a heartbeat if the heart suddenly stops. An AED is meant to be placed in high traffic locations, and it is designed to be extremely simple for users to operate in times of an emergency.
According to the American Heart Association, there are roughly 350,000 cardiac arrests outside of a hospital setting each year. Cardiac arrest is when a person’s heart stops beating, and blood will stop flowing to the brain, lungs, and other important parts of the body. The person will typically lose consciousness very quickly, and they will die if normal heart function is not restored. Time is crucial in these instances since permanent tissue damage can occur within three to five minutes of loss of blood flow. For every minute the body goes without oxygen, the chances of death increase by 10%. Over 90% of patients that receive a shock from an AED within the first minute of arrest survive.
A study recently published by JAMA Surgery showed that the average response time for emergency medical personnel was roughly seven minutes. This time could increase up to 14 minutes for rural areas. This study drives home the fact that the general public can play a critical role in saving lives if they are trained on the basic skills and tools to help those in their community until medical professionals can arrive. Having an AED in your workplace can play an important role in your company’s emergency preparedness and saving lives.
Where can I find an AED?
There are multiple resources that can help a company pick out the best plan for their AED purchase, placement, maintenance, and training. Make sure to ask the manufacturer or seller about the intended use, storage options, maintenance and training requirements for any AED being considered for purchase. Contact multiple reputable vendors to find the best option for your company.
What type of training does my team need for an AED?
AEDs are designed to be as simple and user-friendly as possible. They often have voice and visual aides to help in their function. Although emergency training is not required in many states, it is encouraged. AED storage and display is also an important factor to consider. According to the American Heart Association, over half of employees do not know where they can find an AED in their workplace. Create an awareness plan to ensure employees know where to find the AED in the case of an emergency. It is commonly recommended to place the AED near the entrance of your building so employees, as well as non-employees, see the device when they enter the building. It is a best practice to have the device marked with a brightly colored “AED” sign.
There are multiple national nonprofit organizations, including the Red Cross and the American Heart Association, that provide online and onsite training to prepare your employees for how to use AED devices. Many local first responder organizations, like fire departments and police departments, can help provide training as well. Be sure to reach out and find the best fit for your organization. Also consider factors such as the size of the company, the costs of the training, the timing of training, and how to create an ongoing training program to keep people up to date in the future.
Strategic HR understands your concerns with the well-being of your employees. We offer expertise in health, safety and security to cover any need you may have from analyzing your safety programs to making sure you are OSHA compliant to proactively ensuring employee wellness. Please visit our Health, Safety & Security page for more information on any of these services.
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We have employees who occasionally have to travel from one of our offices to another during their work day. Are we required to pay them for their travel time?
Answer:
This is a very common situation, and the quick answer is it depends. Exempt employees generally are not entitled to additional compensation for travel time, so when evaluating whether or not to compensate for travel time you should focus only on your non-exempt staff. Work-related travel time NOT connected to the employee’s regular commute to and from work should generally be compensated and count toward an employee’s hours worked for the purposes of calculating overtime.
You should also have your travel time pay practices and policies reviewed by your legal counsel for the states and localities in which your employees are working to ensure compliance with applicable laws, and to ensure that your policies and practices are appropriate to your particular situation.
If an employee is commuting from home to their usual work site, it is not counted as compensable work hours; however, non-exempt employees who travel as part of their principal working duties should be compensated. Examples might include an office administrator traveling between multiple offices for meetings or a repairman going from one assignment to the next.
Another example of compensable travel time is if the employee is traveling from home to a non-typical work location and back home in the same day. The amount of time that the employee spends traveling to and from the non-typical work location that exceeds the employee’s normal commute is considered compensable travel time.
Generally, employees should be compensated for all time spent traveling during regular business hours.
Please bear in mind that laws exist in numerous states that provide expanded definitions of travel time or impose additional requirements for travel time pay. The Fair Labor Standards Act (FLSA) addresses this issue specifically in Section 29 CFR § 785.38 (Portal-to-Portal Act).
Strategic HR knows that keeping abreast of HR Compliance issues can be daunting, especially when the laws keep changing. We can help you stay compliant by fielding your questions and offering resources to help you identify and mitigate compliance issues. Visit our HR Compliance and Recordkeeping page to learn about our auditing services which can help you identify trouble spots in your HR function.
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Since it’s an election year (not to mention one during an unprecedented pandemic), the conversations between my employees are becoming increasingly political. How do I handle this political talk either in the office or with remote workers during office hours?
HR Answer:
It’s natural that conversations amongst team members can quickly turn political – with it being a presidential election year, paired with heightened communication from our local & state leaders due to the pandemic, political topics are at the forefront of many people’s minds! Whether your employees are in your physical office space or communicating during office hours while working remotely, it is likely that politics and the election will become a topic of conversation as employees interact. As these conversations can include polarizing opinions, it is smart for employers to have a strategy for handling political talk at work.
Political discussions in the workplace can have both a positive and negative impact. Political expression in the workplace can contribute to a culture that values diversity of thought and the overall well-being of employees. Friendly political talk can be a team-building skill and a morale-booster, especially when it’s done with compassion and a commitment to respecting differing viewpoints. However, if the political chatter doesn’t come from a place of mutual respect and an interest to learn from different viewpoints, or if it seems to be the only topic of conversation, it can create a negative and unwelcoming atmosphere. If left unaddressed, this could lead to lingering resentment that can affect work relationships and effectiveness. Or worse, some political discussion may lead to hostile comments surrounding gender, race or religious statements that could lead to harassment and discrimination claims.
Should I ban political discussions at work?
It’s probably not realistic to mandate that politics not be discussed at work. Particularly given all that’s going on in our country and the world, it can be hard to avoid the topic – even in a general sense. For example, it’s natural that team members may want to discuss local, state, or federal regulations surrounding social distancing during the COVID-19 pandemic. Imagine having to stifle that conversation every time it arose.
Additionally, banning political discussions may be considered discriminatory to some. According to the National Labor Relations Board (NLRB), an employer may not interfere with political speech where there is a “direct nexus between employment-related concerns and the specific issues that are the subject of the advocacy.” The National Council of Nonprofits warns that not-for-profit organizations should be careful to maintain a non-partisan stance when dealing with the election or risk revocation of their tax-exemption status. However, this Business Journals article points out that “private sector employers generally retain the right to maintain a productive and non-hostile working environment.” With all of this in mind, employers can set expectations for behavior that will help to maintain a positive and respectful work environment.
Rather than trying to police every conversation, it may be more beneficial to set expectations for how to have respectful conversations – no matter what the subject. This SHRM article provides great suggestions on how to share political opinions without damaging work relationships. For example, it can be helpful to approach the conversation with an interest in learning from someone’s point of view rather than trying to change their opinion. Recognizing that everyone may not have the skills to do this effectively, consider providing training on how to discuss sensitive subjects and how to approach disagreement in civil and respectful ways.
We recommend that employers provide clear guidelines for how to discuss politics in the workplace and make the policy clear and easily accessible to the employees. This is a prime area to address in your employee handbook.
Ultimately, employers should stress the point that work comes first always. Everyone is still expected to meet their business objectives and to work together in an environment where employees can express themselves in a professional and respectful manner.
Having an employee handbook with policies and procedures that are easy to read and understand can help alleviate a lot of problems in the workplace. Not only do they set the stage for what is deemed inappropriate, but they can also provide guidelines for what is considered acceptable and expected behavior in your organization. Strategic HR can create, review, or augment your employee handbook. For more information, you can Request a Handbook Quote or visit our Employee Relations page to learn how we can help.
https://strategichrinc.com/wp-content/uploads/2021/02/WHEEL-IMAGE-Employee-Relations-Clark-Schaefer-Strategic-HR-2023.png450450Patti Dunhamhttps://strategichrinc.com/wp-content/uploads/2023/11/LOGO-Clark-Schaefer-Strategic-HR-10-23.pngPatti Dunham2020-05-28 13:23:562020-05-28 15:51:46How to Handle Political Talk During the Work Day
This week a hiring manager was excited about a candidate but learned during an interview that the candidate has had a Felony for theft. The candidate mentioned having an Ohio Certificate of Qualification for Employment that they could provide. Although we are not a bank and the role does not handle money, we need to make sure our organization will not be put at risk by making a careless hire. Alternatively, we do not want to be discriminatory or lose an otherwise qualified individual that could make a great fit for the role. So what is a Certificate of Qualification of Employment and how can it help our company?
HR Answer:
Ohio law provides for a certificate to be available that removes criminal-record-based barriers to employment, without erasing or hiding the criminal record itself. The “Certificate of Qualification for Employment” (CQE) will allow persons who have a previous felony or misdemeanor conviction to apply to the court to lift the collateral sanction that bars them from being considered for employment in a particular field. A CQE is only given if an individual has been through an extensive application and investigation process and deemed, by both the Department of Rehabilitation and Corrections (DRC) and the Court, to be rehabilitated. A Certificate of Qualification for Employment may be revoked if the offender is convicted of or pleads guilty to a felony offense committed subsequent to the issuance of the certificate.
Employer Benefits of a Certificate of Qualification for Employment
A CQE can benefit an employer by removing mandatory rules that prohibit licensure or employment of individuals with certain criminal records. The Certificate may be used for general employment opportunities as well. If an employer knowingly hires a CQE holder, the Certificate offers the employer legal protection from a potential negligent-hiring lawsuit. (However, if the employer fails to take action if dangerous or criminal behavior is exhibited after hiring and retains the employee after such behavior, the employer can then be held liable.)
The Ohio Department of Rehabilitation and Correction provides information to learn more about the certificate and a link where you can assure the authenticity of a CQE. You can also contact The Ohio Justice and Policy Center or directly review Ohio Revised Code 2953.25.
Banning the Box
There are many states and cities with laws making it illegal to exclude an otherwise qualified applicant who has had a misdemeanor or felony. At least 16 states have already passed legislation, “banning the box”, which prevents employers from inquiring about a criminal background at initial application. Federal EEO laws, including Title VII of the Civil Rights Act of 1964, prohibit employers from discrimination by using criminal history information in their employment decisions because they can significantly disadvantage protected individuals such as African Americans and Hispanics.
The EEOC also has written the following guidance you may refer to:
This candidate’s Certificate of Qualification for Employment could prove to be a win-win. An applicant who has the qualifications you need and is looking for that long-deserved break may prove to be one of your most grateful and loyal employees if given the opportunity. Remember whether hiring or declining, before making a potentially costly decision, it is important to educate yourself on related federal, state, and local laws and/or seek legal counsel.
Struggling with hiring the right person and figuring out how and where to find candidates? Wondering how to do drug screens, background checks, physicals, references, and assessments? We can help you make sense of it all. Whether you need a complete recruitment solution or just help with pieces of the process, Strategic HR can assist you. Visit our Recruitment page to learn how we can provide you with top-notch outsourced recruitment solutions.
https://strategichrinc.com/wp-content/uploads/2021/02/WHEEL-IMAGE-Recruitment-Clark-Schaefer-Strategic-HR-2023.png450450strategic HR inc.https://strategichrinc.com/wp-content/uploads/2023/11/LOGO-Clark-Schaefer-Strategic-HR-10-23.pngstrategic HR inc.2018-11-26 09:00:502018-11-26 14:00:01What is a Certificate of Qualification for Employment?
