Posts

Preparing For a Potential Active Shooter Incident

Published
in

Active shooter incidents are an unfortunate reality facing us all. Active shooter situations are unpredictable and can evolve quickly. It is important to provide your employees with the information needed to help prevent and prepare for the unthinkable.

How to Prepare – create an Emergency Action Plan:

  • Clearly identify possible evacuation routes – have at least two.
  • Maintain up-to-date emergency contact information for all employees to provide to local authorities.
  • Practice your evacuation and response plan annually.

How to Respond – it is important that you act swiftly as an active shooter situation often evolves quickly:

  1. Run: Safely evacuate the area when possible to do so and call 911 when out of the line of fire. Help others evacuate when possible and stop anyone from entering the active shooter zone. It is important to keep your hands visible so that responders on the scene do not view you as a threat and follow all instructions given by the police responding.
  2. Hide: If you cannot evacuate safely, barricade yourself as best as possible and stay quiet. Lock the door or block an entrance with a heavy object. Remember to silence your phone, including vibration, and dim your screen if possible.
  3. Fight: Lastly, if you are unable to escape or hide, be prepared to fight and to act decisively. Improvise weapons from your surroundings and throw things at the shooter. For example, a fire extinguisher makes an excellent defense tool both in weight and to spray at the shooter. Work as a team to disable the shooter and remember that you are fighting for your life.

Call and Text 911 for Help – provide as many details as possible, including:

  • Location of the shooter.
  • Your current location.
  • Context of the situation.
  • Number of shooters.
  • Describe the shooter as accurately as possible.
  • Number and types of weapons.
  • Number of people in the locations.
  • Any actions taken.

How to Interact with Law Enforcement on Scene:

  • Remain calm, follow instructions and keep your hands visible at all times.
  • Put down anything in your hands; raise your hands and spread your fingers.
  • Avoid pointing, screaming, or yelling.
  • Do not stop an officer for help during evacuation.
  • Do not share anything on social media.

Law enforcement will be on the scene to stop the active shooter as quickly as possible. Any injured victims will not be helped until the shooter has been neutralized and the area is safe.

For a more customized approach, visit our Active Shooter Training to learn more about how Strategic HR’s team can create a plan for your organization.

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. 

Image of our Wheel of HR Services, with a focus on Employee Relations.

How to Handle Unemployment Fraud?

Last Updated
in

HR Question:

Our company is getting unemployment notices for people that have never worked here, or in some cases, people who are still employed.  How should I handle this unemployment fraud?

HR Answer:

The increasing level of unemployment fraud has been a source of frustration for states, employers, and individual employees.  Various US congressional packages providing supplement unemployment relief have provided not only relief for the unemployed, but also an opportunity for criminals to seek ways to attempt to benefit. The US Department of Labor has reported “a surge in fraudulent unemployment claims filed by organized crime rings using stolen identities that were accessed or purchased from past data breaches.”

States that were already overwhelmed by the unexpectedly high levels of unemployment insurance (UI) claims are now having to pursue fraudulent claims to recover benefits that should not have been paid.  Employers’ unemployment rates may increase as a result, and employees find themselves dealing with identity theft concerns.

In this article, we’ll share information and resources that employers and employees can use to understand who are the most likely victims and what to do should they suspect or fall victim to unemployment fraud.

What Can Employers Do?

There are some measures that employers can take to address unemployment fraud. HR professionals should be on alert to scrutinize any notices that they receive from state unemployment administrators to ensure their accuracy. If fraud is suspected, be sure to follow your state’s reporting instructions. Note that some states require both the employee and employer to file reports.

In addition, it’s important to inform your employees about the prevalence of identity theft and unemployment fraud scams that are occurring across the United States. As a proactive measure, consider sharing the information below regarding what employees can do to understand if they might be at risk for unemployment fraud and what to do if they become a victim.

What Can Employees Do?

Employees who have had a fraudulent unemployment claim filed in their name are recommended to refer to the Unemployment Insurance Fraud Consumer Protection Guide from the U.S. Department of Justice’s National Unemployment Insurance Fraud Task Force. This guide explains:

  • Who might be more at risk of becoming a victim
  • Signs that you might have been a victim of a crime
  • Steps to take if you believe you’re an unemployment fraud victim
  • How to protect yourself from becoming a victim
  • Unemployment insurance fraud resources and links for each state

According to the UI Fraud Consumer Protection Guide, if a UI claim has been filed in your name that you did not file, you should:

  1. Report it to your state workforce agency immediately.
  2. If you’re currently working, notify your employer of the fraudulent claim as they may also need to file documentation.
  3. File a complaint using the National Center for Disaster Fraud form or by calling the Disaster Fraud Hotline at (866) 720-5721.

Additionally, employees are encouraged to go to annualcreditreport.com to ensure they have not been a victim of identity theft.  Employees may also want to place a free one-year freeze on their credit by contacting any one of the three nationwide credit reporting bureaus listed below.  When one bureau is notified, they must notify the other two.

Review Cybersecurity Practices

With the rise of unemployment fraud cases using information that was obtained from previous data breaches, it’s important that employers and employees implement good cybersecurity practices. This presents an opportune moment to review how your organization protects personally identifiable information (PII), such as name, address, birth date, social security number, etc. Do you encourage employees to create unique and strong passwords? Do you require two-factor authentication or alternate solutions to increase your cybersecurity? Whatever safety measures you have in place, we recommend that you continue to review them to ensure that you are covering all of the necessary areas and that your employees are following cybersecurity practices consistently.

Special thanks to Cathleen Snyder, SPHR, SHRM-SCP, and Melinda Canino for contributing to this edition of our HR Question of the Week.

Still have questions? Contact our HR experts! Give us a call at 513.697.9855 or email us at Info@strategicHRinc.com. 

Clark Schaefer Strategic HR's wheel of HR Services, including HR Strategy, Recruitment, Training & Development, Benefits & Compensation, Communications, Employee Relations, Recordkeeping, and Health, Safety & Security

Spotlight: How Outsourcing HR Helps This Small Business

Last Updated
in
Read more
Clark Schaefer Strategic HR's wheel of HR Services, including HR Strategy, Recruitment, Training & Development, Benefits & Compensation, Communications, Employee Relations, Recordkeeping, and Health, Safety & Security

Can I Store I-9 Forms Electronically?

Last Updated
in
Read more
Image of our Wheel of HR Services, with a focus on Employee Relations.

How to Handle Political Talk During the Work Day

Last Updated
in

HR Question:

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.

 

Clark Schaefer Strategic HR's wheel of HR Services, including HR Strategy, Recruitment, Training & Development, Benefits & Compensation, Communications, Employee Relations, Recordkeeping, and Health, Safety & Security

Compensating Employees for Travel Time

Last Updated
in

Question:

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.

 

Does My Company Need an AED?

Last Updated
in

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.

 

 

Image of our Wheel of HR Services, with a focus on Employee Relations.

How to Address Employee Hygiene Issues in the Workplace

Last Updated
in
Read more
HR Wheel for Recruitment Services from Clark Schaefer Strategic HR.

What is a Certificate of Qualification for Employment?

Last Updated
in ,

Image of handshake confirming employment hire

HR Question:

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.

Image of HR Wheel of Services emphasizing Benefits and Compensation Services from Clark Schaefer Strategic HR

Can We Cut a Live Check to Entice an Employee to Return Company Property?

Last Updated
in ,
Read more
Clark Schaefer Strategic HR's wheel of HR Services, including HR Strategy, Recruitment, Training & Development, Benefits & Compensation, Communications, Employee Relations, Recordkeeping, and Health, Safety & Security

What Laws Apply When Businesses Reach 50 Employees?

Last Updated
in
Read more
Clark Schaefer Strategic HR's wheel of HR Services, including HR Strategy, Recruitment, Training & Development, Benefits & Compensation, Communications, Employee Relations, Recordkeeping, and Health, Safety & Security

Can you be an Employee and Independent Contractor for the Same Company?

Last Updated
in

Photo of W-2 and 1099 forms representing employee and independent contractor

HR Question:

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.

Image of HR Wheel of Services emphasizing Benefits and Compensation Services from Clark Schaefer Strategic HR

Do I Have To Pay Employees for the Company Holiday Party?

Last Updated
in ,

Employees socializing and eating at a company party.

HR Question:

Our organization is hosting our annual holiday party, and we’re trying to answer a question – do we have to pay our employees to attend?

HR Answer:

It’s that time of year again – the holiday season is here! And with this season come parties and events designed to celebrate this festive time of year, show appreciation for employees and their contributions, and build team camaraderie by gathering together. Plus, in a labor market where employee retention is a primary concern, holiday parties can be a way to provide levity to a stressful time, show an organization’s thanks and commitment, and engage employees (and potentially, their families). But just because it’s a work-sponsored event, does that mean employers have to compensate their employees for time spent at the party?

Do I Have to Pay Employees for the Holiday Party?

In general, employers are not required to pay employees if the company holiday party is considered voluntary and takes place outside of regular working hours. Holiday parties scheduled during the regular workday should be compensated. If the employer requires all employees to attend an event outside of regular working hours, then it may be considered work time and employees should be compensated for attendance. Be sure to follow applicable FLSA requirements as well as any internal policies that you have established.

How Should I Pay Employees for the Company Holiday Party?

If an employee is exempt, their salary covers all work obligations. Non-exempt employees, however, need to be paid for attending in the following situations:

  • If attendance is mandatory, non-exempt employees should be paid for the extra time and travel to and from the party (if it’s not held at the regular work location).
  • If the holiday party includes work-related activities, such as a meeting and/or team-building exercises, non-exempt employees should be compensated.
  • If a non-exempt employee is working at the event including set-up, clean-up, serving, and/or representing the company (i.e., wearing a mascot costume), they should be paid, even if they are working voluntarily. Want to keep internal costs down and avoid placing additional stress on your team? Don’t ask or permit non-exempt employees to work the holiday party.

It’s important to note some employment contracts or collective bargaining agreements may have provisions that require employers to pay employees for attending certain events, including holiday parties. Be sure to keep those agreements in mind when scheduling or factoring in potential costs for a holiday party.

What Else Should I Consider?

As always, whenever there’s alcohol involved, it’s important to keep some of the legal considerations in mind. For example, do you have a plan for handling alcohol? Will there be drink tickets or a cash bar? Do you plan to enforce a drink limit to help avoid DUIs and other potential risks? These and several others are good questions to ask to determine ways to limit the organization’s liability for this event.

In the end, it’s important for employers to communicate clearly about whether attendance is voluntary, and whether employees will be compensated for their time. The goal of a holiday party is to celebrate, relieve some stress, and enjoy spending time with your team – not to force people to gather if it’s not how they want to spend their time.

Thank you to Becky Foster, Senior HR Business Strategist, and Samantha Kelly, Senior Sales and Marketing Strategist, for contributing to this HR Question of the Week.

Do you find yourself without answers to tough Benefits and Compensation questions? Whether you need an analysis of your current benefit offerings, a review of your salary structure, or outsourced payroll/benefits administration, Strategic HR Business Advisors can do the job. Please visit our Benefits & Compensation page for more information or Contact Us.

Image of the Wheel of HR featuring HR Compliance and Recordkeeping Services from Clark Schaefer Strategic HR

Federal Employment Poster Requirements for On-Site and Remote Workers

Last Updated
in ,

Penalty notice warning sign if you don't post federal employment posters.

HR Question:

I keep receiving notices that I need to order new posters to meet federal employment poster requirements. Many of my employees aren’t in the office regularly and those that are don’t look at the posters or any of the compliance documents we are required to distribute. What’s the risk if we don’t post these posters or distribute the annual notifications to employees? Eliminating this task would save me and the company a lot of time and money.

HR Answer:

Even if you feel employees are not reviewing the posters, there’s still a compelling reason to provide them. The Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the Employee Retirement Income Security Act (ERISA) require these employment postings and notices.  And organizations that don’t comply with the requirements can be fined.

To save time, you can purchase a package of posters from a reputable vendor. This can be an easy, but potentially costly, way to fulfill the necessary poster requirements. However, if you would like a more cost-conscious solution, the DOL has a great option. Their Workplace Posters Overview provides a list of the necessary posters, along with links to downloadable posters in multiple languages.

Did you know that poster requirements can vary by company size and industry? If you’re not sure what federal posters your organization is required to provide, the DOL created the FirstStep Poster Advisor as an interactive, step-by-step guide to help you with poster compliance.

How to Meet Remote Employee Poster Requirements

As many employers have shifted their workforce to a remote or hybrid work model, these employers have to shift their typical in-office practices to meet the Department of Labor’s requirements for their remote employees. To remain in compliance, the DOL requires employers to post labor posters electronically in a file that is accessible by everyone. Also, the file should not be password protected.

Employees must be able to find employment posters for their organization regardless of their work location. So if employers have a hybrid work model, a best practice is to have posters physically posted at the worksite while also including the electronic version of the posters on an accessible intranet.

Penalties For Not Following Federal Employment Poster Requirements

If you are still asking yourself if it’s worth the hassle and expense, consider the potential penalties for non-compliance. In January 2022, the penalties for failure to post and/or provide notifications increased. Although some of the fines may not seem significant, they can add up quickly. According to the Federal Register, here is a sampling of the new maximum penalties for violating the following posting requirements:

  • $189 — Family and Medical Leave Act (FMLA)
  • $14,502 — Job Safety and Health: It’s the Law (OSHA)
  • $23,011 — Employee Polygraph Protection Act (EPPA)

For notifications, the Employee Retirement Income Security Act (ERISA) has significant fines for:

  • Failure to provide the Summary of Benefits and Coverage (SBC) Plan Description ($1,362 per failure)
  • Failure to provide an automatic enrollment notice for your 401(k) plan ($2,046 per day per person)

The Federal Register Poster Fine Reference provides details for all the fines you can incur for failure to comply.

Don’t Forget About State-Mandated Posters

In addition to federal posters, you may also be required to provide state posters. Here are links to posters required by Ohio, Kentucky, Indiana, and all other states. We recommend consulting with your legal counsel to ensure that you provide all of the posters that are appropriate for your organization.

As you can see, there could be several employment posters that your organization is required to post. So, if you think you are going to save time and money by not posting these materials, you may want to reconsider the potential fines and penalties that could result from non-compliance. Is it worth the risk?

Thank you to Patti Dunham, MBA, MA, SPHR, SHRM-SCP, Director of HR Solutions for contributing to this HR Question of the Week.

Recordkeeping is one of the more mundane tasks associated with Human Resources, but it is extremely important and can get you into hot water if not done properly. Learn how Clark Schaefer Strategic HR can help with your HR Compliance and Recordkeeping needs. Feel free to Contact Us with any specific questions you may have.

 

 

 

Image of our Wheel of HR Services, with a focus on Employee Relations.

Mandatory Retirement: Is It Legal?

Last Updated
in ,
Read more
Clark Schaefer Strategic HR's wheel of HR services, with Training & Development Services highlighted in purple.

Are Evacuation Drills Mandatory to Meet OSHA Training Requirements?

Last Updated
in ,
Read more
Clark Schaefer Strategic HR's wheel of HR Services, including HR Strategy, Recruitment, Training & Development, Benefits & Compensation, Communications, Employee Relations, Recordkeeping, and Health, Safety & Security

What is the Value of Job Descriptions?

Last Updated
in ,

HR Question:

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
  • FLSA Classification
  • Date of Job Description Creation / Revision
  • 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!

HR Wheel for Recruitment Services from Clark Schaefer Strategic HR.

How to Handle Background Checks for Temporary Employees

Last Updated
in

Application for a criminal background check.

HR Question:

We had a fabulous individual working for us through a temporary agency. We decided to hire the individual and ran them through our process, including conducting a background check. The results were shocking – we thought the temporary agency had already verified their background. How should I handle background checks for temporary employees going forward to ensure this doesn’t happen again?

HR Answer:

Many companies treat temporary employees differently when it comes to background checks and only realize it when it’s too late – when they try to hire the individual. The staffing company said they ran a “background check” before they placed the individual with you. However, when you compare the results of your own verification versus the staffing company’s, it hits you: If you had run your own background check first, instead of relying on the staffing company’s, you would never have considered the individual in the first place. So, now what do you do?

Unfortunately, this situation is all too common. Many employers allow temporary workers into their organization without knowing anything about the “background check” the staffing company performed before those individuals started working for their organization.

Did they only run a database search? Maybe they just entered the employee’s name in a local county records website or simply Googled the person. Or, even more disturbing, maybe they didn’t research the person’s background at all!

The term “background check” is very broad. When working with temporary employees, it is best practice to confirm that your staffing company is running quality courthouse background research before you let them place temporary personnel with your organization.

Background Check Tips for Temporary Employees:

  1. Connect with your attorney to discuss whether or not you should include background check requirements in your Master Service Agreement (MSA), as well as how they are to be conducted. Many times that might include the last seven years of residence, county, state, social security number, aliases/previous last names, etc. You may want to consider using a third party rather than an internal database search.
  2. Ask to see the reports for individuals who have a criminal record. It is a good HR practice to apply your evaluation approach consistently to both temporary and permanent employees.
  3. Consider including county criminal research. Many organizations have found county research to be a helpful source in finding if a felony or misdemeanor charge exists for an individual, and it can help to support HR Compliance with the Federal Credit Reporting Act (FCRA).
  4. Don’t be fooled by a “federal” search. This check certainly has its value, however, it can be misleading. While it may sound all-encompassing, it only includes federal crimes. Pre-employment screening companies have found the majority of crimes committed are state crimes. Therefore, most people with a criminal past would come back clean on a federal search.

Managing the hiring process can be tricky. If you currently run pre-employment screenings before you bring someone on board, you already understand the importance of this verification process. To help protect your organization and your employees, follow the best practice of having employees from staffing companies meet the same expectations as direct hires.

A special thank you to Matt Messersmith, President/CEO, Signet Screening, and Amy Turner, Senior HR Business Advisor, for sharing their expertise in this HR Question of the Week.

Does the thought of hiring someone make your head spin? Full-time, temporary, temp-to-perm, intern…pre-employment assessments, references, background checks, drug screens – we can help you manage it all. Whether you need a complete recruitment solution or just help with pieces of the process, Clark Schaefer Strategic HR can assist you. Visit our Recruitment page to learn how we can provide you with top-notch recruitment solutions.

Need help with some or all of your recruitment process?

Contact Us
Image of the Wheel of HR featuring HR Compliance and Recordkeeping Services from Clark Schaefer Strategic HR

How To Organize Employee Records And Remain Compliant

Last Updated
in
Read more
Clark Schaefer Strategic HR's wheel of HR Services, including HR Strategy, Recruitment, Training & Development, Benefits & Compensation, Communications, Employee Relations, Recordkeeping, and Health, Safety & Security

How To Set Up The HR Function In Your Company

Last Updated
in
Read more
Clark Schaefer Strategic HR's wheel of HR Services, including HR Strategy, Recruitment, Training & Development, Benefits & Compensation, Communications, Employee Relations, Recordkeeping, and Health, Safety & Security

How Do I Handle Missing or Incorrect I-9 Forms?

Last Updated
in ,
Read more

What Is a Safety Audit and How Can Job Hazard Analysis Help?

Last Updated
in

Managers pointing at machinery while conducting a Safety Audit.

HR Question:

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.

How to Handle Bed Bugs at Work

Last Updated
in

An employee has indicated that she has bedbugs in her apartment building. What responsibility do we have as an employer towards our other employees?

Read more