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Emergency Response Plans: Preparing for Emergencies & Natural Disasters

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HR Question:

Do we need an emergency response plan?

HR Answer:

Would your team members know how to react if there was a tornado? What about a fire or an active shooter? These questions matter because emergency response plans are becoming more critical than ever. Emergency response plans should include the actions that need to be taken, should certain situations occur as well as what to do following the emergency or disaster.

Often, companies may talk about this in terms of a business continuity plan, or having an enterprise resource management plan. Whatever it’s called, it’s important to have so that there are guidelines for how to best respond. “It’s just a way of thinking about what happens after the firetrucks leave, after the tornado rolls through, or after that emergency happens: What are workers going to do?” says Karen Hamel, CSP, WACH, a regulatory compliance specialist and technical writer at New Pig Corp. (New Pig Corp specializes in workplace safety and spill containment products.)

“Part of that is, of course, being prepared for the emergency itself. It’s important to make sure that you have Emergency Response Plans for what the insurance doesn’t cover, too,” she says.

Hamel shares 4 planning tips that can assist leaders with emergency planning and prevention:

Tips for preparing Emergency Response Plans

#1: Predict What Kind of Emergencies Could Happen

Whether it be a natural disaster or a business attack, take the time consider what kind of risks your company has, even if they’ve never happened before. It’s not acceptable to say, “We never thought that would happen.”

“It can be looking at what happened in your facility or looking at the nature of your facility,” explains Hamel. “If you’re a chemical facility and you deal with a lot of hazardous chemicals, how can they affect your employees? How can they impact the environment? If you’re dealing with a lot of flammable products, if you had an explosion, what would the result of that be?

“Look at both natural hazards as well as the manmade ones to determine what might happen at your facility so that you can properly plan and have the equipment, the people, the training that you need to deal with whatever your particular emergencies are.”

Action steps: “The Federal Emergency Management Agency (FEMA), the American Red Cross and other organizations offer free information that can help you become aware of disasters and emergencies you may face. They also offer templates to help facilities begin planning,” says Hamel.

#2: Prepare Your People

After you’ve considered what could happen, start preparing employees. Procedures and drills are important to ensure everyone knows what to do at the time. But also make sure you have the resources that you’ll need after.

“If you have a call center, for example, it could be establishing a different call center. Or, it could be establishing a way for some of your employees to work from home so that you still have the capability of taking customers’ calls, and being ready for those sorts of emergencies if they do happen,” says Hamel.

Action steps: Planning also needs to include your communicate plan. How will you communicate with employees, families, outside responders, mutual aid groups, stockholders, vendors, customers and the media? “Maintaining organizational charts with contact information can seem like a never-ending task, but it is a critical element of emergency planning.”

#3: Focus on Protecting Lives

Life safety is a key principle of every emergency response, and the logistics you have in place need to be able to align with your plan to protect your people (and property). “Make sure that when there is that crisis or emergency, that people and property are taken care of.”

The list is long, but that can include:

  • Making sure there is shelter place for employees for certain disasters
  • Knowledge and plans of response duties
  • Evacuation plans
  • Steps to make sure people are accounted for after an emergency
  • Back-up power systems

Action steps: Just like standard operating procedures you have, detail the steps to be taken to perform work tasks safely. These emergency response plans need to outline and make visible what procedures the company expects employees to follow when anything out of the ordinary happens.

#4: Be Sure You Practice  

“Practice” comes down to training and making sure that people have the tools that they need to do their jobs. And, make sure that they know how to use the tools.

Making sure workers have the confidence and the ability to use whatever tools, resources, supplies are on-site is going to make things go smoother in case of an emergency.

“This is about just making sure that people know what’s expected of them. It can help avoid a lot of chaos, and it can help keep everybody be a lot safer when a response is needed.”

Action steps: Don’t neglect training or drills and do you best to make sure workers have the right attitude about practicing.  “Training and drills do take time, but they give everyone the chance to get things right before they are in a critical situation. They also can identify plan shortcomings so that they can be corrected before an emergency. Allow time after drills for everyone to comment on what worked, as well as areas where people may need further training,” says Hamel.

A special thanks to iReportSource for sharing their insights on safety in the workplace and the importance of having Emergency Response Plans. For more information on iReportSource call 513-442-8595. iReportSource allows you to avoid complacency and manage risk, all while helping you to reinforce behavior-based safety practices.

 

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. Strategic HR has a variety of resources to help you prepare for such emergencies. Visit our Health, Safety & Security page to learn more about how we can help you with your Emergency Response Plans OR pick up our Emergency Preparedness Toolkit and do-it-yourself.

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Why Overcoming Unconscious Bias Is Key to Your Organization’s Success

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Question:

One of the focus areas in my organization is promoting diversity and inclusion, and we would like to expand our current program to include more issues that have a real impact to our team and our community.  I have heard about “Unconscious Bias” but don’t know much about it.  Should this be a topic I’m including in our diversity initiative?

Answer:

Diversity and Inclusion initiatives are critically important to not only ensure that your workplace is free from discrimination and welcoming to all, but have also been shown to increase profit, employee engagement, and employee retention.  Expanding your program beyond the traditional training topics can be the key to unlocking collaboration among your team members and showing that everyone is respected and has valued input.

One new topic for you to consider adding to your Diversity and Inclusion training toolkit is Unconscious (or Implicit) Bias.  Unconscious bias refers to the associations that our brains make involuntarily and without our awareness based upon people’s membership in a particular group, such as:

  • Gender
  • Race
  • Religion
  • National origin
  • Age
  • LGBTQ

We all have unconscious biases, and these biases can be very detrimental to the workplace if not properly addressed and eradicated.  A recent study by the University of St. Thomas Opus College of Business and nonprofit company MDI found that people with disabilities encounter a great deal of implicit bias in their job search.

Companies like PwC have taken notice and have started tackling implicit bias head-on through a series of online training videos as well as their CEO Action for Diversity and Inclusion” initiative.

Diversity and Inclusion programs can be powerful tools that can set the unique tone of your workplace culture.  Expanding the focus areas of your company’s initiative to include Unconscious Bias and other meaningful topics can help improve your business metrics and the satisfaction of your employees!

 

Would your organization benefit from a training program on “Overcoming the Unconscious Bias?” Strategic HR has a dynamic presentation that is engaging and thought provoking and will have an impact on your team.  Let’s talk about how we can offer this program for your organization.  Contact us now and our President will be in touch with you right away to talk in more detail. 

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What Does In Loco Parentis Mean In Regards to an FMLA Claim?

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Image-In loco Parentis (woman caring for sick child

HR Question:

I thought if an employee wants to take FMLA leave to care for a child they have to show proof of guardianship, but now I’m hearing that’s not necessarily the case because of “in loco parentis.” What does this mean?

HR Answer:

When an employee requests FMLA leave to care for a family member who is obviously not their child or parent, an initial reaction would be for the employer to deny the request.  However, under the FMLA, the U.S. Department of Labor Wage and Hour Division definition of “parent” and “son or daughter” includes any other individual who stands in loco parentis (“in the place of a parent”) to the employee or child.  In these cases a legal or biological relationship is not required.  Failing to recognize the in loco parentis relationship could result in an FMLA interference claim.

Employers should act diligently when an employee requests FMLA leave to care for an individual who is not obviously a parent or child, and should explore whether an in loco parentis relationship exists.  An employer may require an employee to provide reasonable documentation or a statement of the family relationship.  Employers should keep in mind that a simple statement asserting that the requisite family relationship exists is all that is needed for in loco parentis situations where there is no legal or biological relationship.

The FMLA regulations define in loco parentis as including persons with day-to-day responsibilities to care for or financially support a child.  Courts have indicated some factors that determine in loco parentis status include:

  • the age of the child;
  • the degree to which the child is dependent on the person;
  • the amount of support, if any, provided; and
  • the extent to which duties commonly associated with parenthood are exercised.

An eligible employee is entitled to take FMLA leave to care for a person who provided such care to the employee when the employee was a child. If the individual stood in loco parentis to the employee when the employee was a child, the employee may be entitled to take FMLA leave even if he or she also has a biological, step, foster, or other parent, provided that the in loco parentis relationship existed between the employee and the individual when the employee met the FMLA’s definition of a “son or daughter.”  Although no legal or biological relationship is necessary, grandparents or other relatives, such as siblings, may stand in loco parentis to a child under the FMLA as long as the relative satisfies the requirements.

 

FMLA, the ADAAA, and other labor laws can be difficult to understand, let alone enforce. That’s where Strategic HR has you covered. We bring years of experience and know-how to the table. We can assist you with your tough compliance issues and help you sleep more soundly at night. Visit our Compliance page to learn more.

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What Are the Benefits of a MicroMasters Certification?

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Question:

I was recently reviewing a candidate’s resume and I noticed that they had listed a MicroMasters certification under their education for supply chain management. What is a MicroMasters certification and what does it mean for a candidate’s qualification for my open position?

Answer:

A MicroMasters certification is a certificate of completion of an abbreviated online graduate level course from one of many top universities through edX. edX, founded by Harvard University and MIT has been developing massive open online courses since 2012 and has co-developed MicroMasters programs in association with top-brand institutions worldwide such as Columbia University, MIT, RIT and the University of Michigan. All of the MicroMasters programs are sponsored by at least one industry partner such as Microsoft, IBM, GE, Bloomberg and Boeing to name a few.

The MicroMasters certification on a resume means that the candidate has completed a career-focused program backed by a top-tier educator and some of the most respected businesses worldwide. They provide deep learning in a specific career field and are recognized by employers for their real job relevance. A MicroMasters certificate program is designed to be a continued and targeted education to move forward in a specific field of work or it can be the stepping stone to expediting the completion of a Master degree. These MicroMasters programs are being offered in many fields, however there is a strong focus on new technology skills areas like AI, IoT, robotics, and data science.

Anant Agarwal, the CEO of edX, and a professor at MIT, says “Adding MicroMasters to a resume/CV or LinkedIn profile signifies that a learner has gained exposure to a field at a strategic level, giving them the knowledge necessary to advance their career.” Employers are confident that successful students in the MicroMasters programs have the education and training needed to meet their organization’s needs. The MicroMasters programs are supported by employers such as Microsoft because frequentative learning is a way of re-skilling your workforce and contributes to a culture of lifelong learning.

The programs are advantageous to both students and employers. edX lists five specific advantages:

  • Career-focused: The programs are validated by top companies.
  • Backed by credit: A MicroMasters credential equals 25-50 percent of a Master’s degree – 20-30 ECTS in Europe.
  • Speed: Each program is designed to take three to six months.
  • Affordable: Program costs range from $800 to $1,400.
  • Flexible: Programs are offered online multiple times per year and on-demand. Students proceed at their own pace.

“After earning a MicroMasters certification, learners can immediately apply their new knowledge to further their career, or they can apply to an on-campus program and put their MicroMasters credential toward completing a master’s degree,” Agarwal says.

We will continue to see the addition of MicroMasters certifications on resumes as the number of subjects and universities participating in these programs is expected to continue to rise.  MicroMasters certifications can vary depending on the program and university, but what is universal is that they all offer global learners the opportunity to study master’s level courses from top-ranked graduate programs, advance their professional skills, and earn valuable credentials toward their Master’s from top-tier institutions to advance their career.

 

Are you overwhelmed trying to screen and hire the right talent for your company? Hiring isn’t what it used to be and it can be difficult to keep up with new regulations and sources of talent. That’s were Strategic HR can help. Let our team of experts assist you with your recruitment needs. Visit our Recruitment page to learn more.

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Employee Training: Online Vs. In-Person

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Question:

We are looking at conducting some employee training.  What are the merits of online training or live in-person training?

Answer:

We’ve been hearing this question a lot as companies struggle with managing their budgets to get the most value for their employee training.  Online learning, also called e-learning, is often seen as being more economical, but is it as effective as a class attended in person?  In HR speak, the answer is “it depends.”  Online training can be more convenient, in that it eliminates the need for travel, even locally, for training.  Participants can complete training without leaving the premises.  Online learning can be done on demand at the convenience of the trainee.  Participants can also revisit a module or section of the training if review is needed.  This type of training can also allow for smaller segments to be completed at a time to allow the participant to stay focused.

Alternately, in-person allows for more interaction.  If an individual is struggling to understand a concept, in-person training allows for easier questions and response to ensure understanding.  In-person also allows the instructor to incorporate role plays and other exercises to solidify concepts.  Physical interaction remains the best way to learn, communicate, and develop memories.  There is value in the collective interaction among fellow students. Personal interaction with fellow students allows the opportunity for insights and perspectives to be gained.  Face to face trainings allow for the experience to be not only heard, but also experienced with all senses and emotions.

An alternate employee training option is a blend of several types of training.  A program that includes some learning via webinar or e-learning, combined with live training can achieve some of the benefits of both options.

Things to consider when selecting training:

  • Individual learning preferences
  • Topic and structure of the training class
  • Timeliness
  • How technology savvy is the individual? Are they comfortable using technology?
  • Size of the group

For any type of training there are some key elements for success.

  • Ensure that the leadership of the organization and the direct management are committed to employee training—this means allowing the employee time to complete the training undisturbed—whether done in person or electronically.
  • A manager must also follow up with the employee and reinforce the concepts learned, to ensure they are applied and retained.

An article Online Vs. In-Class Success gives additional resources, information, and helpful tips when determining the “right” training delivery method.

 

Get your Employee Training and Development program off to the right start by asking Strategic HR to help. We have the expertise to conduct a Needs Assessment and/or to recommend training options for your staff. Visit our Training and Development page to learn how we can help you implement a successful training program.

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What Is the Business World Doing to Support the Sandwich Generation?

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Question:

With so much focus lately on Millennial’s, I’m curious what employers are doing to support another group of employees — the Sandwich Generation?

Answer:

For employees in the Sandwich Generation who are caring not only for their own children, but also for their aging parents, they often will trudge along to care for the people who matter most. According to the Northeast Business Group on Health “Care-giving Landscape” whitepaper, caregivers miss an average of six days of work each year due to care-giving responsibilities, are less productive because of personal distractions, and are in poorer health than non-care giving colleagues.

The following are some examples of benefits that give the Sandwich Generation the support they need to succeed in and out of the office:  

  • Flexible Work Schedule: For employees with personal obligations during the typical 9-to-5, flexibility allows them to accomplish everything they need without having to take off to catch up.   
  • Child Care Benefits:  Employers can help alleviate the financial burden of child care by subsidizing care options, including backup care.
  • Senior Care Benefits: In addition to helping find care options for the day-to-day, providing tips and guidance gives caregivers confidence to navigate this new role.
  • Financial Planning Assistance: As if managing personal finances wasn’t hard enough, this generation may have a mortgage, while also helping pay college tuition and managing their parents’ estate.  Access to financial planning allows employees to work care-giving related costs into their plan and better prepare for the future.
  • Household Help:  Employers can ease the burden of simple household tasks by providing meal prep, house cleaning and laundry services.  
  • Access to Elder Care Experts:  Senior care needs often arise suddenly, so providing information (through webinars, on-site seminars or simply by giving local expert contact information) can be extremely helpful to employees.

It’s in the employers’ best interest to provide the tools employees need to manage their personal lives so they can do well – and excel – at work.  Employers who offer these types of benefits to employees show they care about the Sandwich Generation employees and want to do what they can to help.

Thank you to Alisa Fedders for providing the content for this HR Question of the Week. Alisa is a Senior HR Consultant with Strategic HR She has nearly 20 years of practical HR experience, working for private companies in HR leadership positions, in addition to her most recent HR consulting experience.

 

HR Strategy often involves thinking ahead to the future and making plans for the growth and development of key players. Strategic HR understands the balance between company strategy and people strategy and can assist you with both needs. Not only do we have the expertise to help you develop a strategic plan for your company, but we also have resources to help you develop your people leaders. Visit our HR Strategy page to learn how we can assist you with your company strategy.

 

 

 

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Can I Do a Mid-Year Election Change to my Section 125 Plan?

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Question:

I just went through open enrollment and now I want to change my election.  Can I?

Answer:

This question, or some similar variation, is all too common for employers to hear after the open enrollment period has ended. A response is not always a quick yes or no – per Section 125, which provides the rules for administrating a Section 125 plan (commonly referred to as a “cafeteria plan”), participant elections are generally irrevocable for the plan year. In other words, participants ordinarily may not change an election mid-year. As with many rules, there are applicable exceptions, discussed below.

If certain conditions are met, a plan may allow for a mid-year election change – that is, a change requested outside of open enrollment. In order for a participant to change an election mid-year, the change must be (1) allowed by the plan and (2) one of the IRS recognizes permitted election change events. While plans do not have to allow for employees to change their elections, most do.

For a mid-year election change to be allowed, the cafeteria plan must permit it in the written Section 125 plan document. While allowing a mid-year election change is a matter of plan design, the plan can only allow a mid-year election change as permitted by the IRS. Those permitted election change events include:

  • Change in marital status
  • Change in the number of dependents
  • Change in employment status
  • A dependent satisfying or ceasing to satisfy dependent eligibility requirements
  • Change in residence
  • Commencement or termination of adoption proceedings
  • Significant cost changes
  • Significant curtailment (or reduction) of coverage
  • Addition or improvement of benefit package option
  • Change in coverage of spouse or dependent under another employer plan
  • Loss of certain other health coverage (such as government provided coverage, e.g. Medicaid)
  • HIPAA special enrollment rights (contains requirements for HIPAA subject plans)
  • COBRA qualifying event
  • Judgment, decrees, or orders
  • Entitlement to Medicare or Medicaid
  • Family Medical Leave Act (FMLA) leave
  • Pre-tax health savings account (HSA) contributions (employees are free to change their HSA contributions whenever they wish, in accordance with the their payroll/accounting department process)
  • Reduction of hours
  • Exchange/Marketplace enrollment

While a cafeteria plan does not have to allow for all of the permitted election change events as listed above, it cannot be more generous than the IRS permits. When an employee experiences a mid-year election change event as recognized by the IRS and allowed by the plan, the change must be effective prospectively (with the exception for retroactive changes permissible under HIPAA special enrollment events such as birth or adoption). In addition, the requested change must be consistent with the event – an election change must correspond with requested change in status. For example, if an employee requests to change elections due to a divorce, the employee may drop coverage for the former spouse.

Employers should reference their Section 125 plan document to not only determine what is permitted when an employee asks about a mid-year change, but confirm that the plan allows for mid-year changes as intended.  Please contact your HORAN representative with any questions.

THANK YOU to HORAN for providing the content for this Question of the Week. HORAN serves as a trusted advisor on employee benefits, wealth management and life and disability insurance.  To learn more about HORAN, please contact your HORAN for additional information.

 

Strategic HR is ready to assist you with any of your challenging situations around Benefits and Compensation. We offer assistance with everything from job descriptions to policy development to help address your difficult 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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What Should I Use To Measure Recruitment Performance?

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HR Question:

I need to measure our recruitment performance and develop a metric to do so. How do I set that up and what would I measure?

HR Answer:

Since there isn’t a universal formula for calculating recruitment performance and costs, you will need to determine what costs you want to track and attribute to your hiring efforts. There are many direct and indirect costs that you may consider including in the calculation. Below are some of the basic costs that you should consider when measuring recruitment performance.

Sourcing

Costs incurred to source for candidates using online job posting boards, resume banks, social media ad campaigns, etc. Be sure you divide the cost of these sources by the number of positions you are filling that use the source on order to have a true cost for a specific hire.

Screening

Costs associated with the time and expense for your staff to handle and review resumes and applicants for a particular position, including:

  • Administrative staff time to open, respond, and route resumes to the hiring team. To calculate this time, figure out an average cost per resume and track how many resumes are received for each job to calculate the administrative cost per job.
  • Hiring team/recruiter time spent screening through resumes and following up as needed. Similar to administrative costs, this can be calculated per resume/applicant to determine an average cost.
  • Be sure to track time spent on preliminary phone interviews or pre-screens. Look at how many were conducted and the time spent by the recruiter to prepare, conduct, summarize and communicate the results of those interviews.
  • Do you have an automated applicant tracking program? This is an indirect cost that you may choose to pro-rate across your hires for a specific period of time, somewhat like depreciating a new computer on your taxes.

Interviewing

Costs associated with the interview including time spent scheduling interviews and travel expenses or accommodations for the hiring team or interviewee that were reimbursed.

Remember to calculate interview costs to include the number of staff members involved in the interviews, their time spent per interview, and the number of interviews they attended to determine the average cost of the interviewers’ time.

Hiring

Hiring expenses include:

  • Time and expense associated with the follow-up with candidates during negotiations and to notify those that were not hired.
  • Cost of referral fees from a recruiting agency or an employee referral.
  • Relocation costs for the new hire to relocate. Some costs may include moving company, airplane tickets, hotel accommodations, temporary housing, house hunting visits, assistance with sell/buy, or spouse/dependent assistance.
  • Cost for background investigations and/or reference checks and drug screens.
  • Incentives or sign-on bonus for the new employee.
  • Think about all the costs to bring someone on board, such as orientation, mentoring, benefits enrollment, computers, cell phones, uniforms, etc.

Not every hire will incur all of these expenses. And, your organization may choose not to track some of these costs, but this list is a starting point to help you identify your recruitment costs per hire. The key is to identify what recruitment costs you are going to track and then consistently track them for all your hires to have an internal comparison from one hire to the next.

Other Considerations

There are other measures you need to consider as you evaluate the overall success of your recruitment performance and what you can do better next time. These include:

  • How long did it take to fill the position from start to hire date?
  • What could you have done to reduce the time to hire and not have impacted the quality of the hire?
  • What was the impact on productivity while the position was left vacant? This is a very difficult calculation to conduct especially depending on the position. However, it does have an impact on the hiring manager and the organization as a whole. If it can’t be quantified, at least keep it in mind.
  • How satisfied was the hiring manager / organization with the hire? This assessment can be done following the hiring but should be repeated again 3-6 months after the employee has been on the job to get a real sense of how successful the hire was.

Be sure you review your cost analysis and each of these other measures to identify what you can capitalize on next time and what you need to do different. For example, what was the success of your recruitment sources? Which ones provided the most candidates and more importantly the quality candidates? Which ones did not?

Again, it’s important to recognize that there are many ways to measure your recruitment performance. If there are other metrics that are important to your organization beyond those that are suggested, you can and should add them to your list of metrics.

Recruitment is more than just placing an ad in the newspaper. It takes a targeted message using the right sources and lots of follow-up. It can be expensive when not well thought-out, but when done correctly it doesn’t have to break the budget. Strategic HR knows what it takes to attract, hire and retain the best employees. Visit our Recruitment page to learn how our services can help you get your recruiting on the right track.

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How Can HR Impact the Bottom Line?

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Question:

What are some tactics I can use to show the Executive Suite how HR impacts and contributes to the bottom line?

Answer:

Getting the respect from the C-suite that HR is a value added partner won’t happen overnight; it takes time, patience, and lots of work. There are some key competencies that you need to develop and demonstrate to gain respect from the leadership team – business knowledge, credibility, strategic planning, and metrics.

For executive management to respect HR, they need to see that you really understand all aspects of the business such as the organization’s products and/or services, competitors, customers, financials, and the strategic goals and objectives. Take time to learn about each of these areas so you can communicate accurately inside and outside the organization. Keep in mind, these things change and you’ll need to make sure you are staying up to date on business developments inside your organization and within the industry.

Understanding the business overall helps, but this needs to be coupled with establishing credibility in the organization as well. You will need to:

  • Be responsive (answer your phone and return calls in a timely manner)
  • Keep commitments (show up and be on time to meetings)
  • Share insights on issues being discussed (even if your view is different)
  • Demonstrate the value of human resources activities (we can be a cost saver too)
  • Interface with management whenever possible (build those personal relationships)
  • Be ethical!

For the HR impact to be aligned with the company goals HR also needs to set strategic goals that are directly tied to the business. To do this, you need to use the organization’s strategies and develop a list of the human resources strategies that would support each one. For every activity that human resources performs, you should ask, “Which business strategy does this support?” If you can’t answer the question, ask yourself “Why not?” or “Are we missing a business strategy/goal?” If your organization doesn’t have a strategic plan, HR can take the lead by developing one for HR.

The HR impact on the bottom-line is about metrics…HR needs to be able to measure activities and show cost savings and benefits to the organization. Numbers speak very loudly to management and being able to share HR’s numbers will speak volumes. Some examples: How much is the new program saving you on turnover or absenteeism?  What is a lack of training costing the company?

Lastly, we recommend that you take additional steps to ensure that you are positioning yourself to be viewed as a strategic partner. Some ways to do this may include:

  • Getting more involved (participating on employee task teams)
  • Participating in the organization’s strategic planning session (invite yourself or offer input)
  • Walking the talk (be a company champion and lead by example)
  • Volunteering to lead a company wide activity (not just the company picnic)

As with any strategy, careful planning and thought need to go into each of these activities. You’ll need to create a plan outlining what you need to do, how you are going to do it, and when it will be accomplished. Putting the plan to paper will help you stay on target and meet your goals. Don’t give up…it can take a lot of time and patience, but eventually the executive team is going to see the HR impact and the value brought to the bottom-line.

In summary, a HR Zone article notes: When you strip everything back, it is fair to say that a business is only really as good as the people working within it. Without people, you simply don’t have a company (in fact, the literal definition of a company is ‘a group of people’), and it is HR that is responsible for those people – attracting them, developing them, and strategically organizing them in a way that enables the business to perform at its best.

 

HR Strategy involves thinking ahead to the future and strategizing to meet goals and objectives. It also entails working cohesively with the corporate strategy. Strategic HR knows how integral human resources is to the success of an organization and can assist you with HR strategy needs. Visit our HR Strategy page  to learn more about how we can help you create your strategy and align your HR needs with the corporate strategy.

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Do you know if you need to pay an intern or not?

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Question:

I read a notice that there are new requirements that must be met to consider someone an unpaid intern. What are the requirements and how do I make sure our company needs to pay an intern or not?

Answer:

This month, the Department of Labor (DOL) adopted a new test for determining if a company needs to pay an intern. When categorizing interns, employers should use this test—called the Primary Beneficiary Test—when determining if a worker can be properly classified as an unpaid intern or if they need to be classified as an employee and paid minimum wage and overtime. The DOL’s switch to the Primary Beneficiary Test creates a nationwide standard.

Previously, the DOL was using a six-question all-or-nothing test. An employer needed to be able to say “yes, the internship does that” to all six questions or else classify the worker as an employee. The new test is a balancing (or factors) test and has seven questions. No single question will disqualify the worker from being classified as an unpaid intern. Instead, the employer may look at the answers as a whole.

The new questions overlap significantly with the old questions. The major element missing from the new test is a focus on whether the intern is providing tangible benefit to the employer. The old test indicated that the employer should receive little to no benefit from the services of an unpaid intern, with the exception of goodwill and a qualified future applicant. The new test doesn’t ask if the employer is receiving a benefit.

In place of questions about whether the employer receives any benefits, the new test places more emphasis on the internship being academically focused. Only one of six questions in the old test asked about the training and educational aspects of the job, whereas four of seven do in the new test. Employers are free to look at factors outside of these seven, but should be careful about stretching to find new questions if these seven lead to an answer of “paid employee.”

Under the Primary Beneficiary Test, employers should consider the following when deciding if they need to pay an intern or not:

  1. The extent to which the intern and the employer clearly understand that there is no expectation of compensation. Any promise of compensation, express or implied, suggests that the intern is an employee.
  2. The extent to which the internship provides training that would be similar to that which would be given in an educational environment, including the clinical and other hands-on training provided by educational institutions.
  3. The extent to which the internship is tied to the intern’s formal education program by integrated coursework or the receipt of academic credit.
  4. The extent to which the internship accommodates the intern’s academic commitments by corresponding to the academic calendar.
  5. The extent to which the internship’s duration is limited to the period in which the internship provides the intern with beneficial learning.
  6. The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern.
  7. The extent to which the intern and the employer understand that the internship is conducted without entitlement to a paid job at the conclusion of the internship.

A link to the new fact sheet and additional information can be found on the Department of Labor Wage and Hour Division website.

 

Strategic HR offers assistance with a variety of Benefits and Compensation needs, including understanding how DOL regulations affect your business and helping craft creative compensation plans. Please visit our Benefits and Compensation page for more information.

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Developing Successful Training Programs

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Question:

Why does training sometimes not succeed or produce the expected results?  How do I ensure our training programs will be beneficial and successful?

Answer:

Successful training programs are an essential tool that organizations must have in place to help employees continue to grow and develop.  The type of training (in-house, on the job, out of house, etc.) depends on the specific need of the company and individuals being trained.  The true need is the key to the success of training. 

Before any type of training can be implemented, a needs assessment should be conducted to assess exactly what training is needed and why.  The U.S Office of Personnel Management explains: The needs assessment should address resources needed to fulfill organizational mission, improve productivity, and provide quality products and services.   Not every training will have this direct correlation; however, even professional growth opportunities have an indirect impact on an organization.

So, to develop successful training programs, a company needs to:

  • Begin by conducting a needs assessment.
  • Be able to tie the need for the training to the organization’s goals and objectives.
  • Obtain buy-in from management to support employees attending the training.
  • Provide effective communications to ensure employees understand the value of taking the time to attend the program.

Delivery of the training must be highly interactive and have some connection on how it can be used in the workplace. Once a program has been delivered, the training still cannot be measured for success until you determine if employees are indeed applying what they learned. All of these factors are needed for a training to succeed.

Remember, measure the value of your training from a cost benefit perspective and your return on investment. Keep in mind the cost of training can also include the cost of NOT training.

Is training your employees a goal for 2018? Get your Training and Development program off to the right start by asking Strategic HR to help. We have the expertise to conduct a Needs Assessment and/or to recommend training options for your staff. Visit our Training & Development page to learn how we can help you implement a successful training session.

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Why Should We Provide Civility Training at Our Company?

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Question:

What is Civility Training and should I be offering it at my work-site?  I have done the typical harassment, communication, and customer service training – is Civility Training different?

Answer:

Civility Training is a new approach for training.  It is workplace training that includes:

  • Harassment,
  • Bullying,
  • Cultural sensitivity,
  • Diversity, and
  • Professional Etiquette – all rolled into one.  

Yes, Civility Training is similar to those you have been offering in the past but this training folds all of those issues together and provides learners with practical tools for creating respectful, inclusive, and professional work environments – ultimately leading to improved employee relations and less harassment complaints.  These types of programs not only speak to behaviors, but also challenges the attendees to look introspectively and develop a self awareness of their own actions and communication styles with those around them.

There are some things to keep in mind according to  the National Labor Relations Act (NLRA) regarding Civility Training.  Jonathan Segal, an attorney with Duane Morris in Philadelphia and New York noted: that the National Labor Relations Board (NLRB) general counsel has said that the following rule, which some employers may want to implement as one way to promote civility, would in fact violate the NLRA: “Be respectful to the company, other employees, customers, partners and competitors.” The general counsel has found that this rule would potentially interfere with employees’ right to engage in protected concerted activity.  ​Civility training should be conducted with NLRB decisions in mind.

It is also important to note that in October 2017, the Equal Employment Opportunity Commission announced that it would be offering two new training’s for employees that appear to be what would be considered “Civility Training”.  These training’s are expected to move away from the traditional harassment definition training and move more toward the promotion of inclusion and respect in the workplace.  These are exciting training alternatives in the workplace and will definitely open up discussion and communication on workplace behavior.

 

HR Strategy often involves thinking ahead to the future and making plans for the growth and development of key players. Strategic HR understands the balance between company strategy and people strategy and can assist you with both needs. Not only do we have the expertise to help you develop a strategic plan for your company, but we also have resources to help you develop your people leaders. Visit our HR Strategy page to learn how we can assist you with your company strategy.

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

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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.

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Avoid Penalties: Maintain a Legal Hiring Process

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Question:

We are continuously chasing paperwork for employees that a manager may have hired but didn’t include HR in the hiring process.  What problems does this present that we can share with the hiring managers?

Answer:

​It is important to make sure HR is included in the hiring process to assure all items are completed and proper documentation on the process is maintained.  If steps are skipped or documents missed, it can come back to haunt the employer in the future.  Some of the items that are essential for HR review includes the following.

  1. ​I-9 Forms. ​ Legally, the I-9 form must be completed within 3 days of date of hire.  ​Not completing the form timely can result in hefty penalties for employers (https://www.uscis.gov/i-9-central/penalties​)​
  2. ​New Hire Reporting.  ​In Ohio, new hires must be reported to the state within 20 days ​ of hire​.  Each state has a different process or requirements for this. So, if you are in other states, check those requirements.
  3. ​Consistent Hiring Process. ​ Consistency can lead to legal issue​s​ as well.  For example, you run a risk that Manager A is not following the same procedure as Manager B for the similar role, which could be seen as discriminatory even if it isn’t intentional. This could be with regards to the interview process, background checks, drug screens, references, etc.
  4. ​ Timely Benefit Enrollment. ​ If new employee​s​ do not receive ​benefit enrollment paperwork in a timely manner, they may miss the window to enroll.  For example, ​a client company offers Long Term Disability to ​their employees.  If the form is not completed and employee enrolled in 30 days, they have to do a full physical​ and could be turned down for coverage​.  
  5. Consistent compensation allocations. ​ Inconsistent compensation can lead to potential discrimination claims or just create internal equity issues.  If a manager does not check with HR or Finance before an offer is made, it could completely upset the compensation structure within the company and even cause inequity issues.
  6. Communicating employer policies.  If a new hire starts and is not provided the employee handbook and violates a policy, they could claim they never received the handbook​, leading to ​(potentially) ​a wrongful termination. ​ Employees must receive policy information and sign off on that receipt. ​
  7. ​Complete onboarding process. ​ In today’s job market finding candidates and keeping them is a challenge.  If new employees are not properly onboard​ed, ​from legally required paperwork to details about their job and the company, it could create a higher turnover rate.

​As you can see, some of these items are legal and some can result in fines for the employers.  Let HR “in the loop” on all hires before they happen and to make sure these problems don’t come back to haunt.

 

Employment recordkeeping does not rank high on the list of favorite human resources functions, but it is vitally important. Take the I-9 Form for example. Failure to complete this form on a new employee could result in a series of fines. Avoid the fines and minimize your stress level by having Strategic HR assist with your recordkeeping compliance. Visit our Recordkeeping page to learn more about our services.

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Attendance Point System Policy

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Question:

We have an attendance point system policy for our nonexempt employees that gives points for each occurrence of absence.  It feels like people have learned to “play” the system, either by missing multiple days in a row (which count as one occurrence) or always missing Mondays or Fridays.  Do you have a suggestion on how to modify our policy so employees can’t take advantage of the system?

Answer:

Sounds like your attendance point system policy is in need of a few updates.  Below are some suggestions that could be implemented to keep your attendance point system policy from being abused.

Evaluate Your Policy: We all want regular attendance from all employees because it has a direct impact on the productivity and success of a business.  Sometimes what we create initially doesn’t always play out when implemented.  Start by re-evaluating your policy and asking:

  1. What is the purpose of the policy, and
  2. What is the end result that it should accomplish? 
  3. How specific is your policy?
  4. Does it cover the most common infractions (i.e. tardiness, early leave, excused absences, unexcused absences, no call/no show)?

In some cases a vague policy can give you flexibility, but it also can leave you in a lurch if someone takes advantage of it.  Making a specific policy will help you manage expectations in the long-run.  But, don’t get so specific you don’t have any wiggle room for the unexpected exception or even reprimand.

Require a Doctor’s Note: If an employee misses multiple days, require them to bring in a doctor’s excuse if they want the days to count as only one occurrence.  If they do not provide a doctor’s slip (for themselves or a family member), the absence counts as an occurrence for each day missed.  One caveat for these types of circumstances…don’t forget about FMLA (if applicable).

Add Specific Disciplinary Language: Review the verbiage of your policy and add or modify the verbiage to include some leniency for disciplinary action for attendance issues outside of the point system.  Language such as: When an employee exhibits a pattern of absences (consistently missing a specific day of the week or the day before or after holidays or scheduled vacations) the performance is unacceptable.  The Company can, at its sole discretion, address these absences outside of the point policy as performance discipline.  Adding language similar to this may be able to help those individuals taking advantage of the program.

The Bottom Line: An attendance policy should be strict enough to allow the employer to discipline those employees whose absences cause problems, yet flexible enough that the employer does not have to terminate good employees who are absent infrequently.

 

Having easy to read and understand policies and procedures can help alleviate a lot of problems in the workplace. Not only do they set the stage for what is deemed inappropriate, they can also provide guidelines for what is considered acceptable, and even expected, behavior. Strategic HR receives numerous requests to review and rewrite employee handbooks on a regular basis, especially with the number of recent federal guideline changes. If you haven’t updated your handbook in the last few years, now may be a good time. For more information on how we can help you with your employee handbook, please visit our Employee Relations page.

 

 

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What To Do If a Background Check Results in a Rejection of Hire

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HR Question:

What steps need to be taken after I reject an applicant based on the results of a background check? What are pre-adverse and adverse action notices?  When do I need to send them?

HR Answer:

When considering the addition of a new employee to your team, background checks are an essential final screening tool that many employers use.  But, what happens when the results of a background check are concerning?  Can you simply reject this applicant and move on to the next one?  Think again!  

If hiring decisions are made as a result of the findings on a background check, employers are legally required, under the Fair Credit Reporting Act, to take certain steps in order to remain compliant.

Pre-Adverse Action Notice

Before making a final decision, a “Pre-Adverse Action Notice” must be sent to the applicant.  This notice should inform the applicant that there were questionable findings on the background check, but should not cite specifics.  After the notice is sent, a reasonable amount of time must be given to the applicant to dispute these findings.  Although the Fair Credit Reporting Act does not define a “reasonable” amount of time, the Federal Trade Commission and Consumer Financial Protection Bureau state that a minimum of 5 business days can be considered “reasonable.”  Along with the Pre-Adverse Action Notice, the applicant must be sent a copy of the background check and a copy of the Fair Credit Reporting Act’s, “A Summary of Your Rights.”

Adverse Action Notice

If, after a reasonable amount of time, the applicant has not disputed the background report findings, then an “Adverse Action Notice” must be sent to the applicant.  Along with the reason for denying employment, this notice must include several key pieces of information:

  • The name and address of the Consumer Reporting Agency, along with a statement that the adverse action is based upon information in the background check.
  • A statement noting that the Consumer Reporting Agency who supplied the report did not make any decisions regarding the adverse action.
  • A statement outlining the applicant’s right to dispute any information included in the background check.
  • A notice stating that the applicant can receive a free copy of the report within 60 days.

Often your background check provider can help you through this process and may even provide the forms and an online tool to initiate the notices.

 

Does the thought of hiring someone make your head spin? Perm, temp, temp-to-perm, intern…drug screens, background checks, physicals, references, 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 recruitment solutions.

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Writing a Winning Employee Newsletter

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Question:

I’m trying to improve our old traditional employee newsletter.  What information will help create a communication piece that is effective and meets the needs of all of our employees (onsite, remote, etc.)?  I really want it to be worthwhile.

Answer:

The days of the old employee newsletter have really changed.  With today’s technology, we are able to quickly get information to employees, and solicit input and response quickly with the push of a button. Whichever email marketing platform you choose to use to improve your old traditional paper newsletter, here are a few tips when considering what information to include that will motivate and engage your employees:

  • Seek to make your newsletter not only informational but motivational.  The key to a good newsletter is to make it MOTIVATIONAL, not just full of information.  Use it to motivate your employees and get them engaged.
  • Include information your employees want to see and hear, not just what management wants them to hear.  Don’t know what they want?  ASK!
  • Mix it up.  Make the information informative, provide updates on what is going on.
  • Add live content – links to videos, pictures, or other stories to further engage the reader.
  • Using metrics?  Make them visual and accurate…let employees figure out what they say about company / department performance.
  • Add a social aspect.  Employees like to know what is going on with others in the company – New certification? New degree?  New grand kids?  Let people share the good news in their lives if they wish.
  • Use a “news box” on the home screen where employees log in to the Intranet.  This will allow employees to read it when they are ready, not rushing through it because they have other deadlines to meet.
  • Newsletters should be all about what employees are doing right!  Customer comments on good performance and shout outs to other departments or employees…focus on the positive here.

If executed well, employee newsletters provide an effective way to create employee engagement. In this “Ultimate Guide to Creating the Perfect Employee Newsletter,” you will get additional information, tips and examples to help you create a winning employee newsletter!

Bottomline, get your employees involved in the newsletter.  Get your employees to offer content for the newsletter, review your metrics on what they are reading and clicking, and regularly ask your employees for input on what’s beneficial and what’s not.

Communication often seems like a “no-brainer”. You have something to communicate and you just “do it”. But factor in multiple shifts or locations, off-site employees and a multigenerational workforce and you quickly learn that providing adequate communication to everyone you employ isn’t so easy. Strategic HR has years of experience writing for a diverse workforce. Visit our Communications page to learn how we can assist you with various communication-based projects.

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Are Social Media Background Checks Legal?

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Question:

Should my company conduct social media background checks as part of our recruitment process?

Answer:

When a hiring team considers using social media background checks on potential candidates, they should first assess the risk of performing these checks and proceed with caution. Social media profiles often include information such as:

  • Age,
  • Race,
  • Gender,
  • National Origin,
  • Religion, and
  • other protected classes.

Previewing this protected information can lead to an assortment of legal trouble if hiring decisions are made or appear to be made based on social media checks performed by someone that has the ability to impact the hiring decision.

Another item to be aware of is protected activity. For example, if a candidate was criticizing his or her former employer on social media and a hiring decision was made based on those comments, it may be considered protected concerted activity under the National Labor Relations Act.

In the past, some employers have requested social media user names and/or passwords to access the information this way. However, many states are now making it illegal for employers to request this information.

This only skims the surface of the potential workplace compliance issues that could arise by conducting social media checks on potential employees. If you are going to use social media as a tool in your recruiting process, it is generally a good rule not to handle social media background checks internally. However, if you still feel a candidate’s social media can help you in your recruitment process, you need to identify job related information that you hope to gain from the check (i.e. writing skills, consistency of job titles and dates), AND have someone that is not at all involved in the hiring decision (i.e. another employee or an external service or consultant) conduct these searches. This way, you will be able to obtain the information you need, without the perception of discriminating against your candidate.

 

Recruitment isn’t just a matter of finding and hiring the right person. There are scores of regulations that must be adhered to or you risk stiff fines or penalties. Strategic HR specializes in helping companies find, hire, and retain a talented workforce while keeping an organization compliant. Visit our Recruitment page to learn how we can help you hire safely.

 

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Understanding The Options Like a PEO, ASO, or HRO to Grow Your Human Resources Function

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Question:

As a growing employer, we are getting to the point that we need someone to take over the human resources function.  As the Controller, I have been handling payroll and benefits but as we get bigger, it is becoming more difficult to handle.  I have had a few colleagues recommend using an outsourced HR option like a PEO, ASO, or HRO .  What does that mean and how would that impact our company?

Answer:

First congratulations on your growth!  It is fabulous that you are growing but with it comes significant challenges for your human resources function.  The good news is there are lots of options and considerations as you move into this next stage.  A brief summary of the options is included below.  Regardless of the direction, be sure you do your homework – ask lots of questions and get references.  Not all PEO, ASO, or HRO agencies look / act the same – you need to make sure you know the difference and what services you are getting.

One option is a PEO – a Professional Employer Organization.  A PEO handles most of the administration of certain HR operations such as payroll processing, health insurance administration, state unemployment insurance, and worker’s compensation.  

Reasons a PEO may be a good solution for your business are:

  • If you need to offer health insurance but are either too small to get reasonable rates or have a high risk workforce.
  • If your workers compensation costs are too high and you need a group rated program to help obtain the coverage at a reasonable rate.

Issues to consider with a PEO:

  • The PEO will employ your employees and lease them back to you.
  • Your organization will need to comply with employment laws based on the size of the PEO not the size of your business (i.e. if you are under 50 employees, you may have to comply with laws required for companies over 50 such as FMLA and ACA)
  • Most PEOs are purely administrative and do not help with employee relations coaching and recruitment of key talent.

Another option is using an ASO – an Administrative Services Organization.  An ASO will handle the administrative aspects of your business.  For example, you may hire a payroll provider that will process your payroll and payroll related taxes.  You may also hire an ASO for benefits management, workers compensation, or unemployment compensation.  Things to consider with an ASO is that they are handling the administrative tasks only, you will still be responsible for “feeding the information” to the provider to get the job done which in many cases is half the work.

A third option is using an HRO – an Outsourced HR Solution to assist with the management of your human resources function to allow you to focus on the strategic initiatives of the business rather than the operations of HR. Just like any large organization with an HR Team, an outsourced HR provider should align with your strategy through the management and administration of all aspects of HR such as:

  • Recruitment
  • Onboarding
  • Training and Development
  • Employee Surveys
  • Compensation and Benefits (i.e. job descriptions, compensation structure, benefits, and workers compensation)
  • Communications (i.e. employee handbook)
  • Employee Relations
  • Recordkeeping (i.e. processing payroll in-house or with a provider)
  • Health, Safety and Security
  • Workplace Compliance

All three options: PEO, ASO, or HRO will help take some of the duties off your plate, they just do them in different ways and in varying levels.  Be sure you understand the cost and impact of all of these options before diving in.  Many become a commitment for at least a year so step lightly.

 

When you are in the infancy stage of an HR Department, oftentimes your “strategy” is to just get things up and running. There is so much to Human Resources Management that it can be difficult to know where to start while being confident you aren’t forgetting something important. Strategic HR feels your pain having helped many small companies start or grow their HR function. Let us share our years of experience getting HR “off the ground”.  Visit our website today to learn more.

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When Does An Employee’s I-9 Form Need Updated?

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HR Question:

I have an employee who was recently married and changed her name.  Does she need to complete a new I-9 form with her new name?

HR Answer:

When an employee changes their name (legally) employers are not required to complete a new I-9 form.  The US Citizenship and Immigration Services recommends that employers note the name change in Section 3 of the form.  To make sure your records are in order, here are the points to consider:

  • It is not necessary to document the new forms of identification but most employers, for payroll purposes (not for the I-9 form), will require a copy of the new social security card.
  • It is important for employers to make sure payments are made to the legal name on an individual’s social security card to ensure their W-2 is correct and there are no mismatches.
  • For purposes of the I-9 form, an employer must make a reasonable attempt to ensure the name change is appropriate by requesting a copy of a marriage license or a divorce decree or even a letter from the employee’s religious representative if necessary.

If you have more questions concerning I-9 forms, visit the U.S. Citizenship and Immigration Services (USCIS) Employers Handbook for completing Form I-9.

 

Employment recordkeeping does not rank high on the list of favorite human resources functions, but it is vitally important. Take the I-9 Form for example. Failure to complete this form on a new employee could result in a series of fines. Avoid the fines and minimize your stress level by having Strategic HR assist with your recordkeeping compliance. Visit our Recordkeeping page to learn more about our services.

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Employee Engagement Ideas To Fit Any Budget

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HR Question:

What are some fun and interesting ways to encourage employee engagement with my team that do not take tons of time or money?

HR Answer:

We spend so much of our time with our co-workers every week, and it is important to keep things exciting and to maintain open communication among the teams. Creating an engaging workforce isn’t just copying what other organizations do. We’d all love to be Disney or Southwest, but what they do fits their culture. Creating employee engagement with your employees will even vary from employee to employee.

A few ideas that don’t take a lot of time or money include:

  • Promoting a collaborative work environment where each employee on the team takes the time to compliment each other on their accomplishments.
  • “Shout Outs” in an employee newsletter to congratulate or thank another employee.
  • Recognizing an employee that embodied a company value each week.
  • Creating a kudos board in your break room.
  • Taking team photos at random and display them on a wall in the office.
  • Celebrating special milestones as they pass for each employee, showing them special recognition.
  • Ensuring all employees have all of the resources they need to do their job. Providing the proper tools means more time for them to do great work.  
  • Getting out of the office and be social from time to time. Whether it is going out for happy hour or playing a game of soccer on a sunny day, it can really improve morale and strengthen the team.
  • Doing volunteer work together. This is a great team building activity.
  • Doing a team art project that requires the team work together to create one large piece of art to display in the office, that embodies the values of your organization.
  • Allowing your employees time to work on personal projects and to collaborate during the day. This can lead to new innovations and establish a space for creativity and exchange.
  • Quantum Workplace also gives 10 Low-Cost Employee Engagement Ideas that will fit just about any organization or budget.

The list could go on and on. The key is getting to know your employees even by asking simple questions like “What do you like most about working here; or What could we do different to make this an even better place to work?”

The important thing is to make employee engagement an ongoing project, set goals and clear objectives, make it fun and engaging, and monitor your progress regularly to see what’s working.

 

Would you like to find out how engaged your employees are? Strategic HR can help. We will create a custom survey to mirror your work environment and goals for the business, administer the survey as a neutral third party, and summarize the findings with recommendations for improvement. To learn more about our employee surveys, contact us now.

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English-Only Policies in the Workplace

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Question:

My manager is upset because his employees are speaking another language in front of him and he is unable to understand what they are saying.  He wants me to write a English-only policy for the department and I am not comfortable with that.  Is there a legal basis to help back me up to not write this policy?

Answer:

Yes there is!  There are a few instances in which an employer can require employees to only speak English in the workplace, but justification cannot be because the manager feels “left out of the conversation”.  It is possible IF the manager needs to be able to communicate and exchange conversation for completing work, but one must do that with caution.  

The Equal Employment Opportunity Commission webpage Immigrants’ Employment Rights Under Federal Anti-Discrimination Laws deals with this topic directly.  In short, according to the EEOC, English-only workplace rules can only be upheld if the company can show business necessity.  For example, if for safety reasons it is imperative that everyone speak the same language – this could be justified.  Other examples when it may be justified to create an English-only rule would be when the individual needs to communicate with others (customers, coworkers, and supervisors) who only speak English and/or for cooperative work assignments when one common language is essential to complete the work effectively and efficiently.

We recommend before jumping into something like this, look at the entire situation.  What is the cause of the issues and can it be solved in another way?  If an English-only policy appears to be required in your workplace, do keep in mind that the EEOC states that a rule requiring employees to speak only English in the workplace at all times, even during lunches and breaks, would rarely be justified.

 

We’ve never heard employees complain that their employer communicates “too much”. Communication is the backbone of a satisfied and productive workforce. However, providing adequate communication to a diverse group of employees who may require differing forms of communication isn’t always easy. Strategic HR has years of experience creating written communication for employees – including employee newsletters. Visit our Communications page to learn how we can assist you with various communication-based projects.

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Are Wellness Program Incentives Taxable?

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Question:

Is it true that employees have to pay taxes on wellness program incentives?

Answer:

With wellness programs on the rise, there is plenty of opportunity for employees to receive various incentives – from t-shirts and event tickets to gift cards and cash.  As employers consider wellness program design and how to incentivize employees (if at all), they should keep in mind that many wellness program incentives are not excluded from income tax.  Does that gift card Johnny received for participating in a wellness program need to be included in his gross income?  Per the IRS, yes.  

Cash and non-cash incentives, rewards, and payments paid through an employer wellness program are not excluded from an employee’s taxable income (see IRS Memorandum 20162031) and should be included on the employee’s W-2 and subject to federal tax withholdings.  For example, non-cash incentives subject to taxation include discounts on products/services and certain merchandise prizes.  More specifically, the employee’s gross income includes:

  • Employer-provided cash rewards and nonmedical care benefits for participation in a wellness program; and
  • Reimbursements of premiums for participating in a wellness program if the premiums were originally made by salary reduction through a Section 125 plan.  

Note that employer contributions to an HSA, reduced major medical plan premiums, and benefits and services that are medical care (e.g., biometric screenings, smoking cessation programs, and health risk assessments) are generally excluded from an employee’s gross income and are not subject to taxation.  Also, certain benefits may fall into an exception through the “de minimus” rule, defined as the value being so small as to cause accounting of it to be unreasonable or impracticable.  However, employers should note that cash rewards are never considered “de minimis”.  A practical example of a wellness reward that would be considered “de minimis” is a t-shirt.

Special consideration should be given to the incentives provided as part of your wellness program.  Failure to report wellness cash and cash-equivalent incentives can cause significant penalties, including reporting penalties assessed per employee per W-2.  In addition, employee relations issues could result as the IRS can pursue employees who received, but never paid taxes on, such incentives.

THANK YOU to HORAN for providing the content for this Question of the Week. HORAN assists clients in wellness programs and incentive design. Please contact your Benefits Account Manager or HORAN for additional information.

Strategic HR has the answers to all of your tough Benefits and Compensation related questions. Please visit our Benefits & Compensation page for more information.

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Managing Frequent ADA Accommodations

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Question:

I have an employee with a disability and I have made frequent ADA accommodations for them but lately their attendance is horrible.  Frequent call-ins for one thing or another or doctors’ visits have become the norm.  I can’t keep my production line running and I can’t plan for it.  Does the ADA require that I just live with this?  Are they exempt from my attendance policy as an accommodation?

Answer:

Although the ADA would like to require you to modify the schedule for this individual, and even in some circumstances alter the time and attendance requirement for this person as a reasonable accommodation, it is not necessary if it is causing an undue hardship.  Employers DO NOT have to exempt an employee from:

  • Time and attendance requirements,
  • Allow them to come and go as they please, or
  • Accept irregular, unreliable attendance.  

If the frequent and/or unpredictable nature of such absences put a strain on your operations (can’t meet production standards in this example) and a reasonable accommodation cannot be made, it is within your right to follow the attendance policy you have set forth for all of your employees.  If the poor attendance cannot be accommodated and it is causing production problems, customer issues, or costs you additional money in overtime to have someone “cover” for the missed shift, these may be examples of undue hardship for the company.  In this example, the employee is not meeting an essential duty of the job, ADA accommodations would impose an undue hardship, and discipline is warranted, up to and including termination.

According to the EEOC, It is not necessary to provide a reasonable accommodation if doing so would cause an undue hardship.  Undue hardship means that an accommodation would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business.  Among the factors to be considered in determining whether an accommodation is an undue hardship are the cost of the accommodation, the employer’s size, financial resources, and the nature and structure of its operation.  For more detailed information on ADA Accommodations, visit The U.S. Equal Employment Opportunity Commission page: The ADA: Your Responsibilities as an Employer.

 

Is your head spinning? Too many new Labor Laws to keep up with? Let Strategic HR assist you with navigating the workplace compliance minefield. We can help you with any of your  compliance needs. Please visit our HR Compliance page for more information or feel free to call us if you have a specific question or need.

What Does It Mean To Be a Partially Exempt Industry Under OSHA?

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Question:

According to our company’s NAICS code it says we’re a Partially Exempt Industry. Do we have to complete the OSHA Form 300A each year?

Answer:

If your North American Industry Classification System (NAICS) code classifies you as a Partially Exempt Industry, it is not necessary to complete OSHA injury and illness records (including the OSHA Form 300A). Unless you are asked in writing to do so by OSHA, the Bureau of Labor Statistics (BLS), or a state agency operating under the authority of OSHA or the BLS. 

SHRM’s article “Am I Exempt from OSHA’s Recordkeeping Requirements” notes that there are two exceptions to OSHA’s recordkeeping requirements.

  1. First, businesses with 10 or fewer employees must keep these records only if the agency specifically requires them to do so. Businesses with 10 or fewer employees throughout the previous calendar year do not need to complete recordkeeping forms. Keep in mind that if there are more than 10 employees at any time during that calendar year, the employer may come under the requirement. When counting employees, business owners must include full-time, part-time, temporary and seasonal workers.
  2. The second exemption is for establishments classified in certain industries. For example, restaurants, banks, and medical offices do not have to complete the forms. For a complete list see the OSHA List of Partially Exempt Industries.

Please note that all employers, including those partially exempt by reason of company size or industry classification, must report to OSHA any workplace incident that results in a fatality, in-patient hospitalization, amputation, or loss of an eye. Make reports to the local OSHA office or to 1-800-321-OSHA within eight hours of when managers become aware of the incident.

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 and Security page for more information on any of these services.

 

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Federal Employment Poster Requirements for On-Site and Remote Workers

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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.

 

 

 

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What are the Advantages of Financial Wellness Programs?

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Question:

I’ve been hearing a lot about employers offering financial wellness programs as a benefit for employees in 2017.  What is a financial wellness program and what are the advantages of offering this benefit to my employees?

Answer:

Financial wellness programs are becoming increasingly popular as an employee benefit.  A 2016 Aon Hewitt report found that 55% of employers are offering at least one kind of benefit that is related to financial well-being.  By the end of 2017, that number is expected to grow to 77%.

Financial wellness programs are offered through financial planning companies, and even some local banks.  Employers partner with these companies to provide personalized financial support to their employees.  By doing this, you’re giving your employees the personalized tools they need to build a strong financial foundation, reduce debt, or plan for future expenses like their children’s college tuition or buying a home.

Unfortunately, finances play a leading role in elevating stress levels for about 52% of employees, according to a 2016 PwC Employee Wellness Survey.  To help alleviate that stress, employers are beginning to offer these programs.  For employees, personalized financial planning could lower stress levels, increase productivity at work, and provide the ability to create a solid financial foundation for them.  For employers, financial wellness programs could decrease turnover, improve employee job satisfaction, and lower healthcare costs.

Employees who thrive at home, thrive at work… and employers are starting to notice.   

 

Providing adequate employee Benefits and Compensation are key to recruitment and retention of employees and having the right polices can make or break a company. Strategic HR understands this critical need and can help you with any of your tough benefit and compensation questions. Please visit our Benefits & Compensation page for more information on how we can assist you with creating a strong Benefits or Compensation package.

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In my recruitment strategies, can I really text a candidate?

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Question:

Sometimes, in my recruitment strategies, I have such a hard time getting candidates to respond to my calls and emails.  A colleague asked if I had tried texting?  Can I really do this?  It seems intrusive.

Answer:

In a word, yes.  Especially if a good candidate is not responding to other means.  Texting is a ubiquitous part of our everyday life, why not use it in your recruitment strategies?  The fact is that many people are more likely to check messages on their mobile phone and keep it nearby.  A text may get their attention when a voice message may not.  If you do so, I would offer some parameters:

  • Make sure and identify yourself.
  • Keep it brief but professional.
  • Your goal should be to engage in a dialog/conversation; craft your message carefully to gain the best response.
  • Consider the right time of day to text someone; where texting is more immediate, is it appropriate to text a candidate in the evening or early morning?
  • There are also web-based phone options that will also allow you to text, which can avoid using your personal cell phone.

It’s a very tight job market, and a recruiter must use every tool available to reach candidates. The world has changed and our recruiting tactics to keep up.

With today’s high unemployment there are lots of job seekers, but only one is going to be the right “fit” for your job opening.  It takes a targeted approach using the right message, the best resources and lots of follow up to find that “needle in a haystack”.  It can be expensive when not well thought-out, but when done correctly doesn’t have to break the budget.  Strategic HR knows what it takes to attract, hire and retain the best employees.  Whether you need a complete recruitment solution or just help with pieces of your process, we can assist you.  Visit our Recruitment page to learn how we can provide you with top notch recruitment assistance.

 

 

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What Are the Benefits of Total Compensation Statements?

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Question:

What are total compensation statements and why should I consider them for my employees?

Answer:

Most of the time, an employee’s pay and benefits spread far beyond the base pay.  A total compensation statement can be anything from a simple, computer-generated spreadsheet to an elaborate, in-depth analysis with charts or graphs.  Providing total compensation statements is an easy way to share with employees how much the company has invested in them.

Total compensation statements typically include, but are not limited to:

  • Base pay, bonuses and commission
  • Paid leaves, PTO
  • Car/phone allowance
  • Employer contributions for Medical, Dental, and Vision coverage
  • Employer contribution for Flexible Spending, Retirement, etc.
  • Employer contribution for Life Insurance and Short-Term and Long-Term Disability Insurance
  • Stock options
  • Tuition assistance
  • Training and development opportunities
  • Travel expenses
  • Company discounts
  • On-site child care

Why should an employer consider total compensation statements?

The use of total compensation statements has proven that an extremely high percentage of employees now have a greater appreciation for the value of their employer paid benefits.  This boosts employee satisfaction, which in turn, leads to retention.  

Tips:

  • Include a letter from the president of the company or Human Resources.  By doing this, you are creating a message with a purpose.
  • Highlight benefits or programs that are often forgotten by many employees.
  • Be available for questions from employees or hold a meeting to address these questions.

Strategic HR offers assistance with a variety of Benefits and Compensation needs including total compensation statements.  Contact us now for more information and to talk about how we can help you create total compensation statements.