Workplace of Choice

Is your company prepared for an emergency?  Emergencies can range from a flood, fire, workplace violence, earthquake to a pandemic illness.  Every responsible company strives for a safe working environment, but no matter how seriously your company views workplace safety, disasters and employee illnesses and injuries may occur.  Developing a preparedness plan will assist you in ensuring the safety and well being of your employees while keeping the business running (where possible) in the face of an emergency.

I was recently at a client when the fire alarm went off.  It seems we’re all seasoned to assume it’s a drill, so everyone sat at their desks working and ignoring the blaring sound.  Luckily they had good procedures in place so the First Responders walked around and quickly told everyone it was not a drill and we evacuated appropriately.  Had they not had these First Responders in place, it might have had a different outcome.  Luckily, once we waited outside for a few minutes, we were allowed back inside… no fire!

Emergency Action Plans

Emergency action plans spell out how employers and employees should respond to emergencies. Whenever possible, the procedures should be developed as a series of checklists that can be accessed quickly by senior management, department heads, response personnel, and employees. OSHA suggests a plan that includes:

• emergency escape procedures and route assignments;
• pre-evacuation procedures to be followed by employees who remain to perform or shut down critical operations;
• post-evacuation procedures to account for all employees;
• rescue and medical duties for designated employees;
• reporting methods for fires and other emergencies; and
• contact information, including the names or regular job titles of people or departments that can provide further information or explanation of duties under the plan.

Proper emergency planning can minimize injuries and property damage. The OSHA publication “How to Prepare for Workplace Emergencies” offers guidelines for planning for emergencies.

Why spend the time, effort, and resources to comply with employment laws?  "We're small and our resources are very limited. Compliance tasks are just another distraction from making a profit. Besides, our company is so little it's unlikely we're even on the regulators' radar screen. We'll do the absolute minimum and take our chances."

First, consider the fact that most employment legal actions arise from current or former worker complaints, not random or even scheduled regulator audits. This makes it all the more hazardous since employees have personal, insider knowledge of the employers' Human Resources practices and HR policies - they've been on the receiving end!

Second, enforcement activity at both the Federal and state levels is up and will probably stay high for the foreseeable future. Flagrant and widespread employer violations in recent years, the economic recession's pressure on businesses, and a worker-friendly White House all combine to focus far greater attention on workers' rights than was the case during previous administrations.

Third, violations can be very costly, but can be avoided by implementing compliance programs. A cursory look at Wal-Mart's experiences reveals why it's worth doing compliance right. Few American companies have as checkered a history of labor law violations and numerous, multi-million dollar settlements, as Wal-Mart.  Yet even the big retailer has learned a lesson in the value of changing its ways. A recent decision by the U. S. Court of Appeals for the 11^th Circuit came down squarely in favor of Wal-Mart due to the fact that one of the Company's operations had developed, implemented, and closely adhered to a sexual harassment policy, even to the point of progressively disciplining and eventually firing an offender. When the harassed, female employee sought damages from the Company, the Court denied her claim, citing Wal-Mart's close observance of the law against sexual harassment.    

Finally, HR compliance is the law. An employer that takes good-faith steps to comply sends a strong message to its employees, customers, and the community at large that it is a reputable organization worth considering as an employer, a vendor, and a corporate citizen. Most workers and businesses would not choose to work for or do business with a company whose clear strategy is to skirt the law whenever possible. Employers seek to differentiate themselves by transparent, sustained observance of employment laws.

So, the choice is yours. Choose wisely.

Spring is in the air and ballgames, barbeques, trips to the beach and the lazy, hazy days of summer are on the horizon.  Summer breezes by and employees yearn to be outside, rather than at work...Summer Hours can be a way for both the company and the employee to enjoy summer while maintaining employee productivity and increasing employee morale!

The economic downturn has forced many companies to reduce expenses and the level of employee benefits they provide. To offset the sting from cuts, an increasing number of companies are offering flexible work arrangements, such as Summer Hours, to enhance work/life balance, improve employee morale and increase employee retention.

A successful Summer Hours program is one that supports both the organizational goals and the needs of employees.  Be creative as you consider the alternatives to the standard work week.  Can you arrange work schedules to allow for a condensed workweek?  Have employees work a "4/40" (Four (4) ten (10) hour days), or a "9/80" (Work 80 hours over nine (9) days to get one day off every other week).  Another option is to work a longer day during a busier period and then give half days (or full days) off on Fridays in the summer.  For example, a company that experiences a busy sales cycle leading up to the holidays may work 9 hour days in November and December, but then offer Fridays off in the summer when sales are slower.  Just be sure to do the math and be sure there is an equal number of hours exchanged between the two time periods.

The old adage, "work hard, play hard" will go a long way as you explore your Summer Hours options.

Spring is finally upon us and with that comes not only sunshine but the urge for employees to stretch the rules as far as they can throw a flip flop.  Now is a good time dust off not only your dress code policy as it pertains to warm weather clothing but for other policies as well.  Is love in the air this spring at your office?  It could be and you might not even be aware of the potential pitfalls that could follow.  You may want to consider a non-fraternization policy.

A non-fraternization policy oversees interpersonal conduct by employees and is created with good intent - to prevent employees from engaging in activities that could interfere with safety, employee morale, and employee productivity.  In addition, these policies help to protect the employer from potential lawsuits arising from harassment claims.

Employers have the right to set rules prohibiting employees from activities including office romances.  They can prohibit supervisors from getting involved with subordinates and vice versa, and they can refuse to hire married co-workers.

Relationships among employees raise issues of equity, fairness and favoritism regarding the involved employees' work responsibilities, salary, and/or career progress.  Employers may stipulate that if a conflict, disruption, or other performance problem arises as a result of such relationships, one of the involved employees may be transferred and/or disciplinary action may be imposed.  But be aware that even then, future decisions regarding all employment practices (promotion, demotion, transfer, termination, rates of pay) could be viewed as discriminatory based on these relationships.

Consider the outcome of a relationship that has ended (on a negative or positive note).  What was once viewed as welcomed behavior from one employee to another can change overnight and you could suddenly be involved with a hostile work environment or sexual harassment claim.  By discouraging relationships or by stipulating that the company be made aware of them ahead of time, employers can proactively manage a potential problematic situation.

Your non-fraternization policy should be discussed during Harassment training. Training should also include education regarding off-site and off-hour situations.  Employees who are friendly with each other and spend time together after work hours need to know that their behaviors are still subject to your policies.   Happy hour at the local watering hole may lead to situations that can easily be considered against company policy.

Employees have the right to choose their friends and romantic partner, however, employers also have a right to limit romance in the workplace in order to maintain a safe, equitable and productive work environment .  Consider the reason for instituting the policy, specifics on what is and isn't acceptable and how the current social landscape is today to ensure that a new or updated policy is successful and works for your culture.

We're just coming off "the most wonderful time of the year"...but Rewards don't always have to come just during the holidays and new year!  Rewards can come in many different forms and serve many different purposes:

• Something given in return: something desirable given in return for what someone has done
• Money offered in return: money offered as a reward
• Benefit received: a benefit obtained as a result of an action taken or a job done
• Something reinforcing desired behavior:  something positive that follows a desired response and acts to encourage desired behavior

Rewards can come in many different forms.  Before you give a reward, it's helpful to know the following:

1. What is being rewarded? Specifically state the behavior or result that is being rewarded.

2. Why is it important? How does it help the business achieve its goals, financial metrics or other key performance indicators?

3. What result(s) did the behavior produce? Cost savings, customer satisfaction, process improvement, etc. You want to quantify it so the positive behavior can be replicated!

There are lots of different ways to reward positive behavior:

• Cash awards: Money is obviously the most readily used. Also consider gift cards, cafeteria "free lunch" certificates or giving a charitable donation in an employee's name.
• Non-cash awards: A handwritten thank you note, recognition at a company meeting, peer recognition or a company "wall of fame" are ways to recognize employees.

Regardless of the reward vehicle you use, but sure to:

• Be timely: Recognize the positive behavior when it happens, not 3 weeks later!
• Reward consistently: Be sure to recognize big and little accomplishments...but do so proportionately. A major cost savings may justify a cash reward, but solving a minor problem on the fly, may just require a "thank you"
• Be sensitive: If the employee you want to recognize is shy or quiet, reward them quietly, not in the company meeting! Respect the employee's style and preferences by recognizing them in a way they will feel comfortable. You certainly don't want to minimize their positive behavior by making them uncomfortable.

What is your Company doing to reward employees? 

Wellness, Wellness, Wellness - we've been hearing about it for the last several years now. But with the concept of getting and keeping our employees healthier through Wellness, we also hear the accompanying arguments from employers on why a Wellness program isn't feasible:

• We don't have a budget.
• If we do spend money, what's the ROI?
• No one has the time to exercise more.
• Is it really our business what our employees are doing with their lives/bodies?
• We don't have the additional staff needed to communicate and run a Wellness program.

Well, as we turn the corner into 2010 and see that employee benefit increases had another year of double digit increases for many with no end in sight, Wellness is fast becoming the only way to start nipping at the heels of this runaway train.

The medical conditions that end up costing the most to both consumers and in return companies are not surprising.  Even less surprising is that they haven't changed in the last several years. Heart Disease and Cancer are the top cost "drivers" for company-sponsored health insurance.  Although we won't be able to eliminate these diseases, early detection through screening and prevention will go a long way to reducing overall medical spending.

So, what's an employer to do? Listed below are some examples of how to get started and begin impacting your company's bottom line when it comes to employee benefits and Wellness:

• Implementing prevention programs are no longer ‘a nice to have.'  If employers want to start curtailing their medical benefit increases, it is in their best interest to help their smokers to stop smoking, their obese to seek nutritional/emotional/physical support and to help their employees reduce their overall stress level.  All these unhealthy behaviors have a direct impact on health and in turn, your company's bottom line.
• Offering wellness incentives for employees can motivate them to action.  Encourage employees to set goals for their health.  For example, hold a cholesterol screening, which indicates the risk of Heart Disease, and then encourage employees to work toward reducing their numbers.  Reward employees for reaching their health goals.
• Structuring the medical plan to allow for better or total coverage of screening tests is another way to ensure that employees are staying current on recommended testing.
• Don't underestimate the "soft" cost of disease - although Heart Disease and Cancer are the top two costs - Depression can actually cost the company more than any other condition due to these "soft" costs. The costs of fighting depression include not only medical and drug spend, but time off (either in disability, PTO, or Leaves of Absence) and the cost of lack of productivity. Wellness efforts, coupled with an EAP can work wonders in this area!

Although we keep waiting for skyrocketing health costs to - well, stop skyrocketing, it appears that a concentrated Wellness effort which is better looped into overall HR policies and objectives might be more than a just a wise use of time and resources, but a necessary one too.

It's the end of a long, stressful year and your employees deserve a reward for all their hard work.  The holiday season reminds us that a party is a great way to show employee recognition and let employees relax and enjoy some leisure time together and with management.  Company parties take on many different forms - during the day in the conference room for pizza, after work at the boss's house, or on a Saturday night at a function hall ballroom.  Perhaps you've conducted harassment training recently so feel you've covered all the bases, but whether you're hosting a casual or more formal event, there are some additional topics you should be mindful of to ensure the company and the employees enjoy themselves in a safe and legal way.

Be sensitive to the fact that there are many religious holidays that occur at the same time, don't focus the party around any specific religion.  Also, company parties should be voluntary; employees shouldn't feel pressured to attend or discriminated against for not attending. 

Alcohol can increase the chance of negative behaviors and liability.  If you are serving alcohol, consider serving beer and wine only, distribute drink tickets or consider a cash bar to decrease the chance that someone might imbibe too much.  Note the ages of any younger employees to be sure you aren't serving minors.  Serve plenty of food and non-alcoholic beverages.  Arrange for a cab service to be available to drive anyone home who should not be driving.

Assign one or more persons to abstain from alcohol and "monitor" the party at all times.  This person can be on the lookout for someone who shouldn't drive or they can spot a potential harassment issue.  Remind employees that your anti-harassment policy is in place at all times, regardless of the time of day or the location.  Just because they are not "working" does not mean that they shouldn't remain professional during the party.  If employees are welcome to bring a guest, be aware that guests may not understand the company's policy guidelines and that employees are responsible for their guests.

January is a popular time for legal HR issues to arise coming out of the holiday party season.  But if you're aware of potential risks and assume a heightened sense of employee behaviors, everyone is sure to have a great, risk-free time!

Tell us your ideas on creating on fun, safe and legal holiday party.

 

 

Summer is over, fall is in the air, and the leaves are changing; all which means flu season is just around the corner!  Last June the World Health Organization (WHO) raised the worldwide alert level to a pandemic alert with the outbreak of the H1N1 virus (a.k.a. swine flu).  So what does "Pandemic" mean and what, if any, are the implications to business?  Wikepedia defines a pandemic as "an epidemic of infectious disease that spreads through human populations across a region."  According to the CDC, the H1N1 flu outbreak will continue throughout the fall season in conjunction with the seasonal flu and potentially make for an even worse flu season than last year.  So is this all hype?  Do we really need to worry about a pandemic or is it just being blown out of proportion by the media? How can we adjust our HR policies to prepare for a pandemic?

The simple answer is, yes, you do need to prepare.  As a business owner or executive you need to have policies in place that will help you deal with how your business will react should a large number of employees become sick or are absent.  Having a plan will ensure a faster return to business as usual as well as fair treatment of employees.   There are many sources to help you prepare.  You can access the government's site at http://www.pandemicflu.gov/professional/business/smallbiz.html. 

Some key points to keep in mind when developing your plan are:

• Assess how your company functions, both internally and externally, to determine which materials, staff, procedures and equipment are essential to keep the business operating.  How will you reorganize in the event such resources aren't available?
• Identify suppliers, shippers and other vendors you deal with on a regular basis and set up contingency plans should their operations be interrupted.
• Plan what you will do if your building, store or plan isn't accessible.  Are people able to work from home?  If so, are they currently set up to do so?
• Plan for payroll continuity.
• Define crisis management procedures and who should play a role in these procedures.  Review these plans annually to ensure they are up to date with the times.

By doing some leg work up front and designing your HR policies with a preparedness plan in mind, you will save a lot of headaches should they need to be implemented. 

 

It may be if bills pending in the U. S. Congress become law.

House and Senate bills, currently pending, require employers with 15 or more employees to grant 1 hour of paid sick leave for every 30 hours worked, up to a max of 56 hours (7 days) per year. Workers would begin to accrue sick leave from their first day of employment and would be eligible to use the leave after completing 60 days service. The Healthy Families Act (S. 1152) is sponsored by Senators Kennedy and Dodd and Congresswoman DeLauro.

The bill would allow an employee to carry over accrued sick leave to the next calendar year, but total sick leave at any time would be capped at 56 hours.

Acceptable uses of sick leave would be:

• employee's own sickness;
• parents' or children's illnesses;
• healthcare provider visits for specific problems;
• preventive care;
• healthcare needs related to domestic violence, sexual assault, or stalking.

For more than 3 consecutive days of sick leave, an employer could require certification of an employee's need.

How would passage of this bill affect your business?  Would your employee policies around PTO change? Are you in support of this law?

At first glance you might think Identity Theft falls outside the scope of HR.  However, in looking closer at two identity theft laws that will soon impact Massachusetts businesses, you might change your mind...

As of August 1, 2009, the Federal Trade Commission (FTC) will begin enforcing its "Red Flag Rules". These "Red Flag Rules" are intended to protect the consumer against two things:

1. The unauthorized use of his/her identity to open or attempt to open an account in the consumer's name and;
2. The misuse of a consumer's existing account.

Companies must be alert to warning signs, or "Red Flags".  A "Red Flag" is any suspicious activity that could indicate identity theft in the making.  Affected organizations are required to develop and implement a written program to combat this problem.

The second phase of the MA Data Security Breach Law will take effect January 1, 2010.  This phase of the law requires that any organization that owns or licenses "Personal Information " must have two important policies in place:

1. They must have implemented a written program that describes how Personal Information is protected and;
2. They must adopt computer system security measures to reduce the risk of compromised Personal Information.

Are your HR policies set up to support these upcoming requirements?  As a result of these statutes, Human Resources will need to review their HR policies, Employee Handbook and policies surrounding Personal Information.