Archive for the ‘Employees’ Category

Record Keeping: Non-exempt Workers and Payroll

May 17th, 2013

Many of us are taking our businesses to the cloud, and limiting the amount of paper scattered about the office. Some of us see filing cabinets as a thing of the past – and that’s no problem at all; in fact, it’s good for the environment! But, operating online doesn’t dismiss us from our record keeping responsibilities.

Did you know that Fair Labor Standards Act (FLSA) requires you to keep certain records for each and every one of your non-exempt workers for at least 3 years?

Fortunately, FLSA does not require a particular form or method of record keeping. You just need to be able to provide the following in the event that a DOL representative asks you for it. Records should always be accessible at your place of employment, or headquarters/main location if you have multiple locations.

The following is a listing of the basic records that an employer must maintain*

Employee’s full name and social security number.
Address, including zip code.
Birth date, if younger than 19.
Sex and occupation.
Time and day of week when employee’s workweek begins.
Hours worked each day.
Total hours worked each workweek.
Basis on which employee’s wages are paid (e.g., “$9 per hour”, “$440 a week”, “piecework”)
Regular hourly pay rate.
Total daily or weekly straight-time earnings.
Total overtime earnings for the workweek.
All additions to or deductions from the employee’s wages.
Total wages paid each pay period.
Date of payment and the pay period covered by the payment.

*This list is provided by the Department of Labor and can be accessed in its entirety at http://www.dol.gov/whd/regs/compliance/whdfs21.htm.

The Department of Labor and Fair Labor Standards Act require by law that this information is accurate; keep this in mind as you review your business’s record keeping and payroll practices. Are you recording data as accurately and efficiently as possible or is there a better way to organize information each pay period?

Your HR Shield Advisor can offer assistance in selecting small business payroll or record keeping software, or, if you’re in the market for a payroll service provider; we can also help. HR Shield has many great referrals and partners for payroll processing – whether you’re a big company looking to make a switch, or a small one engaging a service provider for the first time.

A payroll service provider will keep all of the aforementioned data on record for you, and often sets up joint-access to all information so that it can be accessed anytime anywhere by the business owner or management.

To learn more, contact us today.

Posted in Employees, Employment Law, Wage & Hour | No Comments

Help! One of My Employees Has Been Arrested!

April 1st, 2013

Rumors are circulating around the office and you couldn’t help but overhear that one of your employees was arrested (and released) over the weekend. He’s in work today going about his normal routine – can you approach him about the situation, assuming one even exists?

Beyond our natural desire to “know all,” as managers, we have an obligation to protect our workforce. What was he arrested for? Is he a potential threat to others?

When interviewing a candidate, the Civil Rights Act of 1964 limits us from making inquiries about prior arrests. In this case though, your person of interest is already an employee, and there are no federal or state laws preventing us from conducting an investigation.

If your company policy and employee handbook clearly states that an employee must notify the employer if they are arrested, and the employee does not notify you, they can be terminated for violating your company’s policy.

If you do not have an employee handbook or company policy that outlines the aforementioned policy, but would like to pursue termination, take precaution in moving forward and consult an HR advisor or employment law professional. An arrest record alone is not a valid reason for firing someone. The individual could have been arrested, but that doesn’t mean they are guilty.

Behavior on the other hand, is a reason to support termination, but only if the employee’s behavior (which led to the arrest) is job-related. If you own a trucking fleet and the individual was arrested for driving under the influence, that is job-related and poses a potential threat to your company and the employee’s day to day responsibilities.

Not all arrests need to lead to termination either. You may be able to temporarily suspend the employee or require that they take an administrative leave while the situation is under investigation. Again, the best approach before taking any action is to consult an HR advisor or employment law professional.

To get immediate answers, call (877) 636-9525 or click here.

Posted in Conflict, Employees, Workplace Policies | No Comments

When is the Last Time You Updated Your Company’s Employee Handbook?

March 25th, 2013

If you’re reading this blog, hopefully your organization already has an employee handbook. Employee handbooks are extremely important for the following reasons:

They provide prevention and protection from legal liabilities
They provide tangible guidelines for your employees
They minimize employer and employee misunderstandings
They provide comprehensive answers to frequently asked questions
They create an overall better working environment

One of the biggest mistakes we see small to medium sized businesses make is forgetting to update their employee handbooks. Because employee handbooks play such a crucial role in reducing a company’s legal liabilities, they must be revised yearly with legal updates to remain compliant with company, state and federal regulations.

Your employee handbook may be violating employment laws and regulations set forth by the EEOC and NLRB (National Labor Relations Board), and you may not even be aware of it. For example, did you know that it is unlawful to prohibit employees from talking about their wages or working conditions on social media platforms such as Facebook and Twitter? The NLRB recently changed employer rights surrounding social media limitations; if your employee handbook contains a social media policy, you best review it!

Are you already a member of HR Shield? HR Shield Memberships include free employee handbook creation (and updates) – contact your advisor today!

If you’re new to HR Shield or interested in membership, call 1-877-636-9525 now and we’ll email you a user name and password that gives you instant access to HR Shield. There you’ll find a collection of forms and resources for your entire management team. You’ll also have immediate access to a dedicated HR Advisor to assist you with updating your handbook.

Posted in Best Practices, Employees | No Comments

The EEOC Publishes 2012′s Employment Discrimination Statistics

March 8th, 2013

The EEOC is the federal agency that enforces the laws against job discrimination and harassment. Did you know that each year, they process about 80,000 job discrimination complaints having to do with race, sex, disability, age, national origin, pregnancy, religion and/or sexual harassment?

The Commission has the power to file lawsuits against companies with discriminatory practices. A number of laws preventing discrimination in the workplace demand equal pay for equal work, and prevent discrimination on the basis of the aforementioned factors. The EEOC is also responsible for investigating and pursuing companies or employers charged with sexual harassment.

Each year, the EEOC publishes statistics that reflect charges of employment discrimination and resolutions broken down by each of the statuses enforced by the Commission.

Here at the 2012 Employment Discrimination Statistics, outlining the total charges, by state, and breaking the charges down into different types of discrimination.

The highest number of charges was filed in the state of Texas, with 8,929 claims accounting for 9.0% of all US workplace discrimination claims. Florida is next, with 7,940 claims accounting for 8.0% of the total for the US. California is close behind that with 7,399 claims accounting for 7.4% of the US total. Other states with over 4,000 claims were Georgia, Pennsylvania, Illinois and North Carolina.

Alternatively, the state with the lowest number of charges was Montana, with only 13 complaints! Disability, Retaliation and Sex were the state’s primary complaints. States with less than 50 complaints were Vermont, Rhode Island and Maine.

Does your workplace need help with specific employee situations? Looking for someone to manage discrimination claims or mediation hearings, and support an overall happier and healthier working environment? HR Shield’s expert team is ready to work for you, so that your organization doesn’t make this year’s list!

Posted in Employees, HR News | No Comments

Sticking to Your Personal and Work-Related Resolutions in 2013

February 4th, 2013

The New Year always presents itself with resolutions ranging from health and fitness goals to bettering productivity and promoting personal growth within the workplace.

Unfortunately resolutions and commitments to bettering one’s self in the New Year always start out strong, but eventually many of us end up falling back into the same routine we were trying to get out of. Balancing work and personal life is always a common resolution. People want to make more time for their families, and get out of the office every now and then.

Here are some tips that may make sticking to your New Year’s resolution of “better balancing your life” a little bit easier:

Designate one day per week when nothing work-related will be addressed. No getting stuck at the computer, no answering phone calls, no stressing out. Many of us have demanding jobs that require attention in the evenings or even weekends. But as we all know too well, the second we sit in front of our computers to address something, 5 minutes can become 15 and then 15 becomes a few hours. Pick your day to avoid work responsibly! If it’s your day off, go ahead and take it! Plan something outside of the house with family or friends, away from distracting communication devices!
Take your lunch break. Stop eating lunch at your desk, or worse, skipping lunch. Get outside for 20 minutes to a half hour each day during your lunch break. Go do something! It will help clear your mind, and prevent you from feeling “trapped in the office” all of the time.
Commit to a healthy hobby. Whether it’s playing Ultimate Frisbee with friends, going to Pilates, or throwing a baseball around with your kids, commit yourself to a healthy hobby. Even 2 or 3 days a week will help break up your week and guarantee that you’ll be doing something other than work!

These 3 tips were brought to you by HR Shield. We encourage you to share these tips with your co-workers, promoting an overall healthier working environment. Balancing your work and personal life is often a challenge, but it’s easier than you may think! Follow the abovementioned tips for a happier and healthier you!

For more topics on employee health and wellness, click here.

Posted in Employee Wellness Programs, Employees | No Comments

Part 2: Action Plan for Domestic Abuse Victims in the Workplace

December 10th, 2012

Last week we discussed the common warning signs of domestic abuse victims. If you suspect an employee of being abused, below is a recommended course of action.

DO:

Express concern and ask if something is wrong
Listen
Offer help through contacting your Employee Assistance Program (EAP) or a local shelter/counseling center.
Notify the police if threatening messages are received at the office, or the employee’s spouse poses a threat to your workplace

DO NOT:

Wait for the employee to come to you
Judge
Pressure the employee for an explanation or answer
Threaten the employee’s position
Give advice

If your employee does not want to share information with you, you are still obligated as their employer to minimize risks in the workplace under OSHA. In some states, employers are allowed to obtain restraining orders against employee’s spouses, to keep them away from the workplace. However, by doing this you could be doing more harm than good for the victim.

We recommend that you immediately contact an HR Advisor or your local domestic violence hotline/help center before taking action on your own. As an employer, you are not in a position to provide direct help, or offer advice on their specific situation. You should always do the best you can in getting them the help they need, and ensuring that your workplace remains safe for ALL employees, not just the victim.

Posted in Conflict, Employees | 1 Comment

Part 1: Warning Signs that Your Employee is a Victim of Domestic Violence

December 3rd, 2012

Victims of domestic violence and abuse are everywhere, yet we often inadvertently overlook or excuse our suspicions, especially when the suspected victim denies any such case. Do you suspect that an employee of your workplace is a victim?

Join us for our two-part HR Shield series as we review the employee warning signs of domestic violence, and an appropriate action plan for employers.

Domestic abuse is not always physical; often it’s psychological, which can make identifying various warning signs much more difficult. As an HR Professional or employer, you have the responsibility of protecting your employees within their workplace. You may never know what goes on behind closed doors, but if you suspect domestic violence, your best course of action is to ACT.

If one employee is in a dangerous relationship, it could quickly escalate to a much larger problem, for not only your employee, but your entire team. In extreme situations, an employee’s abusive spouse could eventually show up at the workplace.

Employee Warning Signs:

The employee seems afraid or anxious around their partner… perhaps you have had a chance to meet their partner at a company outing, or they have stopped by the workplace on occasion.
Frequent check-ins at the office. Is your employee’s spouse constantly calling the office, or is your employee taking short breaks to “check-in” all of the time?
The employee has mentioned their spouse’s temper, or jealousy.
The employee has unexplained injuries.
Frequent sick days/ or last minute call-ins.
Suspicious wardrobe choices. For example, long sleeves or turtlenecks in the warmer months.
A sudden change in confidence.
Never wanting to participate in or attend employee outings or workplace festivities.
Exhibiting depression or anxiety.

These are just some telltale signs and symptoms of emotional abuse and domestic violence. If you witness any warning signs of abuse surrounding an employee, take them very seriously. Next week we will be reviewing an employer’s action plan.

For immediate advice, please contact an HR Shield Advisor.

Additional Resources: National Domestic Violence Hotline: 1-800-799-SAFE (7233)

Posted in Conflict, Employee Wellness Programs, Employees | No Comments

Gambling in the Workplace

October 11th, 2012

We live in a very digital world today; you no longer need to visit the Casino or host a Friday Night Poker match at your home to engage in gambling. While engaging in some online fun may seem harmless, the ease of gambling on the Internet has brought forth a challenging dilemma for HR professionals and employers.

Most companies state clearly in their policies that gambling is not permitted at the worksite, and up until the past few years or so, gambling remained a relatively private matter. Online access to gambling has enabled employees to gamble on the job… literally, if their employee handbook forbids it, they gamble their jobs, not just their money.

So, what do you do if you catch an employee gambling on the job? First off, the employer should always confirm that their practice of uncovering the employee’s gambling habits were compliant and not an invasion of privacy. If you were monitoring the employee’s computer use, does your existing policy state that work computers are employer property and therefore monitored? Did the employee receive a copy of your company’s policy when they were hired?

Before approaching the employee it is recommended that you consult with a licensed HR professional to ensure you have met all compliance standards. You’ll likely need to issue and document a warning or violation to this employee, unless the situation is severe enough for employee termination.

Assuming the issue is to be handled with an employee warning or violation, your next concern is the employee as an individual. As an employer, you should ensure the well-being of all employees in order to continually support a healthy working environment. The person you have just issued a warning to may in fact have a gambling problem.

Companies need access to resources in order to issue effective responses to workplace problems, and HR Shield can help, from providing helpful resources to individuals with gambling addictions, to developing and enforcing clear company policies.

Gambling in the workplace negatively affects everyone. It results in productivity loss for both the employer and the employee and can cause disruptions in any major area of life: psychological, physical, social and vocational.

For additional resources, visit the National Council on Problem Gambling or Gamblers Anonymous. To immediately speak with an HR Advisor, contact HR Shield at (877) 636-9525.

Posted in Conflict, Employees | No Comments

Unfilled Jobs, Everywhere!

September 27th, 2012

This past week on the Clark Howard show, we learned that 3 million jobs in the United States are unfilled. With more than 12 million unemployed individuals searching for work right now, what seems to be the problem?

Well, there’s an apparent disconnect between the skill sets of the unemployed and current job openings. Does your company currently hire people for the following positions (top unfilled positions)? Are you having trouble recruiting qualified candidates?

Petroleum engineers start at $85,000
Senior landmen start at $55,000
Software engineers start at $60,000
Electrical engineers start at $60,000
Mechanical engineers start at $55,000
Software developers start at $55,000
Financial analysts start at $50,000
Communication coordinators start at $35,000
Marketing coordinators start at $35,000
Certified public accountants start at $45,000

***Data provided by www.ClarkHoward.com

How HR Shield can help!

HR Shield makes hiring employees easier with recruitment assistance, employee training advice, job interview tips, and more. Through our comprehensive online library, we also make sure you have access to new-hire forms necessary throughout the hiring process.

Not only will HR Shield advise you on finding the best and most qualified candidate for the job, but if that candidate is not located within an ideal geographic radius, our team can also help you compose an attractive yet conservative relocation package.

Now, perhaps your position requires a specific academic background. Still can’t find anyone qualified for the job or with the preferred academic resume and training to support the position? HR Shield advisors are skilled at putting together “out of the box” compensation and benefits programs that transform your existing employees into qualified candidates for a new position.

So whether it’s a schooling reimbursement program, sourcing various training opportunities, or putting together better benefits packages to inspire your employees to grow, HR Shield can assist you. We all want to contribute to bettering our country’s unemployment rate, but great candidates for unfilled positions may be right in front of you: your own valuable employees. With the right opportunity, an existing employee can be re-qualified or trained for a new position, opening up the entry level positions within your organization (which are traditionally much easier to fill).

Get on board by signing up now online, or contact us for more information!

Posted in Employees, Hiring & Firing | No Comments

Stop Employees from Wasting Time at Work

September 12th, 2012

Whether you’re an employee or an employer, take a look at just one hour of your day. How many times are you distracted from the task at hand? What distracts you? Is it Facebook? Pinterest? Personal emails, game scores, the phone ringing or a text message coming through? It may even be conversation amongst fellow employees.

We live in a very digital world, and it’s often too easy to get distracted by the many means of communication surrounding us. Sometimes the urge to check the status of something irrelevant to work is just unbearable.

This past year Salary.com surveyed 3200 professionals about their distractions at work and 64 percent said they visit non-work related websites every day during their working hours. As an employer, where do you draw the line? 21 percent of the professionals surveyed said they spend 2-5 hours per week on these sites.

Many of us don’t want to play “bad cop” and police every move our employee is making on the clock. Larger companies often monitor employee internet use through their IT department, and internet policies should be specifically outlined within each employee handbook, but for the smaller business without an official IT department or an internal HR team to review policies, cracking down can be difficult.

HR Shield recommends a two-step quick and easy approach:

First, schedule a meeting to address all employees without singling out any one department or employee. Review your current employee handbook and all policies surrounding internet use. (If you do not currently have an employee handbook, contact HR Shield today, our memberships include free employee handbook creation). Let this meeting serve as a “free warning” and a reminder of why it’s important to the Company to work more effectively and efficiently.

Offer Tips For Focusing (some suggestions below):

Work in time blocks. If you find yourself being pulled in a dozen directions, it is better to segment your work into small manageable pieces. Select time frames and deadlines to accomplish certain tasks.
Reward yourself for accomplishing the task at hand. It may not be against the company policy to visit Facebook or check your personal email account – but don’t do so until your work is complete.
Write out a daily task list for the day. Believe it or not, there’s a small sense of reward in crossing off each item for the day.
Go incognito. Too many distractions? Sign off messenger, close down your email, and put your phone on silent for an hour or two.
Do not check personal email or messages in the morning – saving them for the afternoon will allow you to focus on work for the morning and not get distracted by replies or ongoing threads.

Gauge the effectiveness over several weeks. If the workplace still appears to be suffering from workplace distractions, employee performance reviews and documentation of incidents may be necessary.

Questions about employee handbooks, workplace distractions, performance reviews or the monitoring of internet use? Contact an HR Shield Advisor today for more information! Call (877) 636-9525.