The IRS has recently issued several pieces of guidance related to the filing of the Report of Foreign Bank and Financial Accounts, IRS Form TD F 90-22.1 (“FBAR”), by pension plan sponsors. While the IRS has relieved some of the filing obligations, most notably the requirement for plans to file for foreign hedge fund investments for 2009 and prior years, certain filing obligations remain.

6/22/2010 9:47:22 AM

Employers should be alert to significant new legislative and judicial developments in the collection and payment of payroll taxes.Payroll Tax Exemption for New Hires. The Internal Revenue Service has released a new tax form to help employers claim the payroll tax exemption adopted into law by the Hiring Incentives to Restore Employment Act (HIRE Act), signed by President Obama on March 18, 2010.

6/21/2010 1:54:04 PM

On April 22nd, a bill was introduced in both the United States House and Senate titled the Employee Misclassification Prevention Act ("EMPA" or "Act"). H.R. 5107; S. 3254. The Act would amend the Fair Labor Standards Act ("FLSA") to introduce measures designed to prevent the misclassification of independent contractors

6/21/2010 1:54:02 PM

The health care reform package enacted earlier this year contains a number of provisions that will require various federal agencies to issue guidance on their implementation over the coming months. The first regulations were recently issued and contain guidance regarding the new provisions covering health plan participants' children.

6/21/2010 1:54:00 PM

This morning, with Justice Antonin Scalia writing a unanimous opinion, the U.S. Supreme Court ruled in a case brought by a group of African-American firefighter applicants who alleged that the city of Chicago's applicant selection process had a disparate impact on African-Americans in violation of Title VII of the Civil Rights Act of 1964. Specifically, the applicants challenged the city's decision to exclude employment applicants who did not achieve a certain score on an examination – but not the city's decision to adopt that employment practice.

6/21/2010 1:53:57 PM

When an employee dies, there is an natural disaster, layoffs, violence or an accident at work HR is on the front lines. Distressed employees look to HR for emotional support and practical answers . The HR professional has to deliver bad news, arrange funeral details and deal with grief stricken employees and family members. HR is also impacted by the event, often has a personal connection with the affected employee and needs to manage their own reactions to trauma. Caught up in the windstorm of trauma it is easy to put everyone else’s needs before your own self-care. Being exposed to the anxieties and reactions of others without attending to self-care increases susceptibility to secondary traumatic stress and impacts effectiveness.

6/8/2010 8:35:47 AM

For two decades, the Americans with Disabilities Act (ADA) has governedmany of the most common issues faced by employers.  The ADA landscapeis now changing, however. A law passed in 2008, and a set of regulationsthat will be issued shortly, are greatly expanding the set of impairmentsor conditions that constitute “disabilities” and trigger anemployer’s obligations to disabled employees.  Employers shouldbe aware of how the new regulations broaden their obligations.

5/24/2010 11:04:10 AM

Although it has been more than three years since the Federal Rules of Civil Procedure were amended to codify parties' obligations to preserve and produce potentially relevant electronically stored information (ESI), a recent survey conducted by Kroll Ontrack reflects that only 46% of U.S. corporations possess an ESI readiness strategy.1 Meanwhile, a review of recent judicial decisions on requests for discovery sanctions reflects a growing impatience by courts for a lack of such a readiness strategy and resulting failures to competently preserve and produce potentially relevant electronically stored information.

5/24/2010 9:15:10 AM

The newly enacted health care reform bill has fueled numerous questions by employers seeking direction on arguably the most important workplace decisions they will make in the next few years. Employers need to understand the issues and recognize the decision points and their ramifications.

5/24/2010 9:15:08 AM

In this day and age, practically everyone communicates electronically often and for a multitude of reasons. This of course, is true in the workplace. While employees communicate by email for work-related reasons, it is not uncommon for them also to send emails relating to personal matters.

5/24/2010 9:15:05 AM

Employers that are rated on the annual Human Rights Campaign Foundation’s Corporate Equality Index should take note of important changes being made to the evaluation criteria beginning with the 2012 Index.

5/11/2010 10:53:33 AM

This update addresses key “immediate” concerns for employers and their group health plans as a result of changes mandated by the Health Care Reform Law (i.e., the Patient Protection and Affordable Care Act of 2010 and Health Care and Education Reconciliation Act of 2010).  These generally take effect as of the first day of the plan year beginning on or after September 23, 2010 (January 1, 2011 for calendar year plans).

4/28/2010 3:02:45 PM

On Saturday, March 27, which was the first day of the congressional Easter Recess, President Barack Obama announced the recess appointment of highly controversial SEIU and AFL-CIO lawyer Craig Becker from Washington, D.C. and practicing union lawyer Mark Pearce from Buffalo, N.Y., to be Board Members on the five-member National Labor Relations Board (NLRB).

4/22/2010 10:49:55 AM

At a time when Medicare reimbursements and other sources of revenue are threatened to be frozen or even reduced, a recent trend has been noticed that provides for an additional threat to long term care facilities and other health care providers – the risk of employee suits for unpaid wages. Fortunately, this is one risk that can be well managed and largely eliminated through effective preventive measures.

4/22/2010 10:49:53 AM

An important filing requirement changed on January 1, 2010, for employers who have employee benefit plans and file the Form 5500. On this date, employers became required to file their 5500 Form and 5500 Short Form annual returns and reports electronically.

4/22/2010 10:49:48 AM

Article one of this two part series focused on Profit Sharing and how it is often confused with Gainsharing.  The history and purpose of  Profit Sharing was explored as well as the delivery of Profit Sharing in the form of either compensation or as a benefit.  The appropriate organization climate and culture for Profit Sharing was also discussed.  The focus of article 2 is Gainsharing, what it is, how it evolved, and how it might best serve and organization.

4/19/2010 1:30:16 PM

Many people who confuse Profit Sharing and Gainsharing view them as being one in the same. Employees have an opportunity to earn a financial reward under both approaches, but that is where the similarity ends. I find many companies that install a Profit Sharing plan have selected the wrong tool and quickly become disappointed that they have been unable to foster a change in behaviors or to drive improvements in company performance.

3/30/2010 8:23:59 AM

The COBRA health insurance subsidy has been extended once again. The extension was signed into law by President Obama on March 2, 2010 when he signed H.R. 4691, the Temporary Extension Act of 2010.

3/19/2010 9:37:14 AM

The American Recovery and Reinvestment Act of 2009 is commonly known for its provisions designed to stimulate a flagging economy. However, the Act's Title XIII (known as the "Health Information Technology for Economic and Clinical Health Act" or "HITECH Act") has another purpose—to impose obligations under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") directly on business associates (as defined under HIPAA) with respect to the way they handle certain health-related information in connection with an employer's health plan and to impose civil or criminal penalties for any violations of those obligations.

3/19/2010 9:37:11 AM

Last month, the IRS began its first comprehensive audit of employment tax issues in over 25 years. The IRS will audit 6000 companies in total over the next three years. The main issues to be examined in these audits are worker classification, executive compensation and taxable fringe benefits.

3/19/2010 9:37:07 AM

United States Citizenship and Immigration Services (USCIS) announced that the 65,000 H-1B cap for the 2010 fiscal year (FY 2010) was reached on December 21 (click here for more information). The annual limit for new H-1Bs is 65,000 (less up to 6,800 set aside for citizens/nationals of Chile or Singapore, plus any of the unused 6,800 from the prior fiscal year). An additional 20,000 H-1Bs are available to individuals who possess a Master’s or higher degree from a U.S. academic institution (the “Master’s cap”). For FY 2010, the 20,000 Master’s cap was reached as of September 25, 2009. “New” H-1Bs are thus unavailable until the start of FY 2011 on October 1, 2010.

3/19/2010 9:36:59 AM

Do you empower the people you work and live with or do you enable and control them?  If you want to increase productivity, happiness and time in the day to complete your own "to-do's", you must learn to let go of your fears and start empowering people.  When you empower people, you develop their skills, abilities and confidence.  When you control people, you enable them to become lazy and fearful.

3/17/2010 1:11:01 PM

With the abundance of choices in today's environment, providing exceptional customer service is a must if an organization wants to gain the competitive advantage and increase sales or if a person wants to maintain their job and healthy relationships with co-workers, significant others, families and friends.  Every organization needs increased sales and loyal customers.

2/22/2010 9:15:55 AM

On January 29, 2010, OSHA published a proposed rule to revise its 300 Log of Work-Related Injuries and Illnesses. The proposed revision would restore a column dedicated to tracking musculoskeletal disorders (MSDs). OSHA announced that it will hold a public meeting on the proposal on March 9, 2010. If finalized, the new regulation would take effect beginning January 1, 2011. What remains unknown at this point is what OSHA will do with the new data, and whether it would – or could or should – promulgate a new ergonomics standard.

2/12/2010 4:27:20 PM

An applicant who was not hired after testing positive for drugs used to control his epilepsy was permitted to proceed with his lawsuit asserting claims under the Americans with Disabilities Act because there were factual issues whether the employer made an improper medical inquiry and denied employment on that basis.  Harrison v. Benchmark Elecs. Huntsville Inc., No. 08-16656, 2010 App. LEXIS 632 (11th Cir. Jan. 11, 2010).

2/12/2010 4:27:18 PM

Employers may need to act as a result of regulations implementing expanded health parity requirements for group health plans. The interim final rules, published in yesterday’s Federal Register, require the integration and coordination of the medical, surgical, mental health, and substance use disorder benefits in such plans.The expanded requirements were imposed by the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA), signed into law in October 2008. They are generally applicable for plan years beginning after July 1, 2010 (January 1, 2011, for a calendar year plan).

2/12/2010 4:27:16 PM

E-Verify, the Internet-based system operated by United States Citizenship and Immigration Services (USCIS) that allows employers to verify the employment eligibility of employees, remains voluntary at the federal level with the exception of certain federal contractors. However, certain states have acted to require some or all employers to use the system.

2/12/2010 4:27:13 PM

There are limitations frequently misunderstood to using the Learned Professional Exemption to avoid overtime pay.  Courts interpreting this exemption to FLSA often require an advanced degree or license that enables the employee to perform specialized job functions.  Many employees who are assigned overtime exempt status under this  exemption, in fact, do not qualify for this exception and are entitled to overtime pay. What steps should an employer take before using this exemption?

2/1/2010 4:45:57 PM

Many organizations believe they have the right to monitor employees'activities on their computers and the Internet, including the sites theyvisit and the content of e-mails they send or receive. Such a belief isunderstandable: the equipment is provided for business purposes, andorganizations can be held responsible if an employee misuses thoseresources.  Therefore, organizations ought to have the right to checkup on employees and make sure their resources are being used appropriately.

2/1/2010 4:24:29 PM

Until now, no mandate or procedure has existed for employers to self-reportexcise taxes due under the Internal Revenue Code for violations of theduties imposed by COBRA, HIPAA and other laws relating to group healthplans.  The IRS has seldom assessed these excise taxes on audit.

2/1/2010 4:07:33 PM

Beginning January 1, 2010, a failure to comply with a new requirement forreporting to Medicare payments to Medicare-eligible individuals forresolution of claims involving medical expenses could cost the payor$1,000 per day in penalties for noncompliance.

2/1/2010 4:07:06 PM

Employee gossip about supervisors is as ancient as chatter around the watercooler. But the dynamics of workplace gossip have gone through massivechanges since online social networking sites like MySpace and Facebookfound their way into the lives of employees with a notion to complain. Inthe case of Pietrylo v. Hillstone Restaurant Group, a federaljury in the United States District Court for the District of New Jerseysent a stern message to employers regarding social networking and itseffect on the workplace. On June 16, 2009, the Pietrylo jury issued averdict against Hillstone Restaurant Group, the operator of a Houston'srestaurant in Hackensack, New Jersey.

2/1/2010 4:06:42 PM

Despite a November voter referendum in Maine that overturned the state's same-sex marriage law and a very recent rejection of same-sex marriage by the New York State Senate, the year 2009 saw progress for the legal recognition of same-sex marriage and domestic partnerships. The following is a summary of recent developments in this fast-evolving area of the law.

1/20/2010 9:04:01 AM

The extension of the COBRA health insurance subsidy, signed into law by President Obama on December 21st after an 88-10 vote by the Senate, will provide additional relief for a record number of unemployed workers.

1/20/2010 9:00:27 AM

If passed, a proposed federal law entitled the Domestic Partner Benefits and Obligations Act will extend long-awaited comprehensive benefits to same-sex domestic partners of federal employees.

1/11/2010 4:33:03 PM

When you are fulfilled professionally and personally, your customers, co-workers, friends and family become a part of the ripple affect. Turnover, complaints and conflicts are reduced, which bring increased productivity, improved relationships, quality of life and morale. You will have less stress and drama when you choose to make healthier and wiser choices

1/11/2010 8:48:35 AM

With little fanfare and even less reaction from employers, the Genetic Information Nondiscrimination Act (GINA) took effect on November 21, 2009. GINA generally prohibits employers, employment agencies, and unions from collecting genetic information – which specifically includes family medical history - related to employees or applicants.  The law also precludes any type of genetic testing of employees or applicants.

1/4/2010 4:57:30 PM

According to recent estimates released by the Centers for Disease Control and Prevention (CDC), approximately two million people in the United States have been infected with the H1N1 flu since April, and some 4,000 Americans, including 540 children, have died from the virus. President Obama declared the 2009 H1N1 pandemic a national emergency on October 24, 2009, and various government agencies are taking steps to guide and govern employers' efforts to minimize the potential for exposure in the workplace.

12/18/2009 1:50:16 PM

The following is a brief review of significant 2009 workplace law developments.  Although a comprehensive treatment of all noteworthy changes is beyond the scope of this summary, we hope this retrospective will assist our readers.

12/18/2009 1:50:10 PM

The government is changing its enforcement tactics and placing a greater emphasis on employers in the fight against unauthorized employment.  While worksite raids targeting employees are down, audits and worksite visits targeting employers are up.

12/11/2009 8:32:12 AM

On September 23, 2009, the Equal Employment Opportunity Commission's("EEOC") proposed revisions to the existing Americans withDisabilities Act ("ADA") regulations and accompanyinginterpretative guidance were published in the Federal Register. The EEOC'sNotice of Proposed Rulemaking ("NPRM") was prepared to bring theADA regulations and interpretive guidance into compliance with the ADAAmendments Act of 2008, as directed by Congress. Interested parties mayprovide public comments on the NPRM on or before November 23, 2009.

12/10/2009 11:31:04 AM

How often do you catch yourself saying to someone, "Don't worry, I'll take care of it." or "Yes." when your plate is already too full and you really do not want to do what is being asked?

11/30/2009 1:34:21 PM

On July 20, 2009, the Department of Labor (“DOL”) published Field Assistance Bulletin No. 2009-02 (“FAB 2009-02”), which provides guidance and transition relief for sponsors of 403(b) plans that will be required to file a more detailed Form 5500 annual report beginning with the 2009 plan year.  While the guidance does not delay the annual reporting requirements, it does allow for reasonable good faith compliance and other transition relief that should assist plan sponsors in meeting their reporting obligations.

11/30/2009 1:33:15 PM

Everyone is well aware of the effect the economy has played on retirement accounts across the country this past year. With the drop in stock prices and the value of 401(k) plans sinking, we saw the rise in lawsuits against ERISA plan fiduciaries alleging breach of fiduciary duty and imprudent practices. While these lawsuits are on the rise, fiduciaries have generally fared well in the courts.

11/20/2009 12:31:04 PM

Beginning on January 1, 2010, extensive new Medicare reporting obligations will apply to insurance companies and other businesses that make payments to Medicare beneficiaries as a result of litigation claims. The obligations extend to businesses that cover private health insurance, workers' compensation claims programs, no-fault insurance, liability insurance and self-insured businesses. These organizations—known as Responsible Reporting Entities ("RREs")—will be required to report virtually all payments to Medicare beneficiaries, including settlements and payments made as a result of litigation, so that Medicare may determine whether it has a stake in any part of the payment. Failure to report may result in significant financial penalties.

11/20/2009 12:29:51 PM

One area of opportunity that I frequently work on with many of my Clients is measuring employee performance.  An alarming number of organizations do not effectively measure the value that their employees add to the organization.  As a result, large gaps in employee performance often go unnoticed and rob these organizations of millions of dollars in the process.  If you are not systematically measuring the performance of those you manage, there is a good chance that some team members are performing at a level far below that what you think you are.

11/16/2009 8:49:20 AM

The ADA generally prohibits medical examinations of employees, except when the test is necessary to evaluate the individual's ability to perform essential job functions.  Employers can request a simple agility test to inquire as to the employee's ability to safely perform tasks such as lifting, without the test being considered a medical exam.  When a test is conducted by a healthcare professional or monitors physiological changes, it is likely a medical exam and must meet the ADA's job related / consistent with business necessity requirement. 

10/29/2009 4:11:14 PM

The simplest way to differentiate between Intelligence Quotient (IQ) and Emotional Intelligence (EQ) is that IQ is about book smarts and EQ is about human smarts. To succeed in today's workplace and life, it takes more than book smarts; it also takes human smarts. 

10/29/2009 4:08:03 PM

Congress has repeatedly rejected legislation that would extend Title VII protection to claims of sexual orientation discrimination.  However, under Title VII, an employee may raise a claim of gender discrimination if that individual can demonstrate that an harasser was acting to punish the employee’s noncompliance with gender stereotypes.  The 3d U.S. Circuit Court of Appeals has allowed the claim of a self-described “effeminate man” to move forward to a jury trial, on the basis that the plaintiff presented evidence that his co-workers harassed him because of his non-compliance with male-associated stereotypes.  Prowel v. Wise Business Forms, Inc., 3d Cir., No. 07-3997, August 28, 2009.

9/29/2009 3:47:17 PM

The much anticipated “breach notification” rule was recently published by the Department of Health and Human Services (HHS), Office of Civil Rights (OCR). As required by the provisions of the Health Information Technology for Economic and Clinical Health (HITECH) Act, the rule adds new specifications for covered entities and business associates, outlining how they must provide notification when "unsecured" protected health information (PHI) has been breached.

9/29/2009 3:47:14 PM

An automotive employee was not entitled to compensation under the Fair Labor Standards Act or California law for commuting time and time spent on preliminary activities, the federal appeals court in San Francisco held in a class action case. However, the question of the compensability of employees’ post-shift activity of transmitting required daily data is remanded to the district court for trial.  Rutti v. Lojack Corp., No. 07-56599 (9th Cir. Aug. 21, 2009).

9/29/2009 3:46:44 PM

Each day, U.S workers head to their respective jobs in order to complete the tasks required by their employers and gain compensation to support themselves and their families. Some people head to work at large companies with complex levels of supervisors and support staff. Others head to smaller businesses that may only have a few employees and owners who are present each and every day. Regardless of the corporate structure, employees across the nation share the same legal protections when it comes to fair treatment in the workplace.

9/29/2009 12:45:09 PM

The workaholic view of time management enables the addition of new clients, catching up on your to-do list; finishing back reading and learning about new developments in your industry. Properly viewed, however, time management lets you work productively so you can spend more time with your family and other things you enjoy.

9/29/2009 11:10:08 AM

Once depicted as a trendy social media experiment, Twitter has officially arrived. From cell phone integration to CNN broadcasts, we can no longer escape the fact that Twitter is not a passing fad. The site once criticized for a complete lack of utility has evolved into one of the most flexible tools available in the social media space. HR departments, Corporate Recruiters and Job Seekers have taken notice. Twitter has become an important tool in corporate recruiting.

9/29/2009 11:07:28 AM

The public is mad as hell at AIG (and other recipients of Federal bailouts) who have handed out lucrative retention bonuses. One might wonder, are incentives appropriate in such difficult times?

9/29/2009 11:06:07 AM

Employee satisfaction is a key driver of employee engagement, and employee engagement in turn is a key driver of customer satisfaction and loyalty, employee retention, productivity, sales, overall organizational performance and profit.

9/29/2009 11:04:50 AM

Employers and employees alike have numerous misconceptions about the enforceability of non-competition agreements.  Employers mistakenly believe that the more restrictive the agreement is for the employee, the better it is for the company.  Employees are often under the misconception that "these things really are not enforceable."  Separating fact from fiction is important to reduce the number of disputes that arise by managing expectations concerning the scope and enforceability of these arrangements. 

9/28/2009 10:55:56 AM

Since the world wide web became public, the internet has been changing the way that companies communicate and conduct business. Social networking sites, online communities that enable people to communicate and build networks based on similar interests, activities, values, and ideas, have significantly contributed to that change. These sites can provide a number of advantages to employers, such as publicity and marketing, recruitment, and employment screening. Improper or careless use of such sites, however, may result in tort liability, can compromise confidential information and business reputation, and may lead to discrimination, privacy, and freedom of speech suits.

9/21/2009 12:26:42 PM

Vision statements, Mission statements, Core Values, Pillars and Goals, whatever you may call them in your organization....are they really part of your culture?  Corporate America spends a lot of money and time on developing these kinds of statements for organizations.  Senior leaders within companies often go off-site for hours or even days to somehow bring together these poetic words that they hope will somehow drive the bottom line and engage employees.  They will often argue back and forth over a particular "word" to use.  Furthermore, companies often write very big checks to consultants to offer their level  of expertise in adding some hint of illumination on the topic.  But, does it always come together the way we hope?

9/21/2009 12:26:39 PM

One extremely useful facet of using employment applications in hiring is the ability of the employer to directly ask an applicant if he or she has a criminal history that would show up if a thorough background check was conducted. Yet, to their detriment, many employers use language that is either too narrow, too broad, or too ambiguous to successfully accomplish this - each of these mistakes can lead to legal quagmires or bad hires continuing to slip through the cracks and potentially endanger businesses.

9/17/2009 1:29:27 PM

It's summertime, and time for an annual rite of passage: internships. Hiring an unpaid intern makes financial sense to many businesses in today's economic times. With many colleges now requiring internships as part of the curriculum, internships are in more demand than ever before.

9/17/2009 1:29:16 PM

I used to find it extremely difficult getting motivated during the summer - my favorite time of year. There was always so much to see and do. But not this year. We've had more cloudy, cool and rainy weather than I can ever remember. And spending money? I've become much more discretionary. Lots of "staycations," day trips, and not eating out so often, which I really like. The current economic climate also makes it difficult to find ways to motivate employees. Traditional options such as raises or bonuses are mostly out; still, leaders and talent managers need to use cost-effective tactics to keep employees encouraged and engaged.

9/17/2009 1:29:15 PM

E-mail messages exchanged between an employee and her attorney through the employee’s personal e-mail account are protected by the attorney-client privilege, despite being sent through her employer’s computer and internet server, a New Jersey appeals court has ruled. Stengart v. Loving Care Agency, Inc. et al., No. A-3506-08T1 (June 26, 2009).  Reversing the trial court, the Appellate Division of the Superior Court of New Jersey held that the company’s electronic communications policy did not transform the employee’s private e-mails with her attorney into the company’s property.

9/17/2009 1:29:06 PM

How many of us have started a new professional activity without knowing where our office is, with what tools we will work or not knowing our future? This happens because most employers do not give sufficient importance of the integration process of new employees.

9/10/2009 11:43:50 AM

There are many articles and strategies about how to improve employee retention and reduce the costs and consequences of employee turnover. Taking a slightly different approach, this article is about how not to increase employee turnover (and lower performance!) based on a true situation recently occurring in the city of Syracuse, New York, a city I know well.

9/8/2009 12:46:47 PM

Human Resources (HR) is a major growth industry in the small business and corporate arena. Gone are the days where bosses got away with making ridiculous demands of their underpaid, unhappy and frequently on-strike workers. In these current times, good employees are hard to come by and even harder to keep - strategy planning is essential. If you research an effective HR strategy ahead of time, that takes into account your most valuable assets, you'll be saving money, enhancing productivity and growing a more positive working environment!

9/8/2009 12:44:19 PM

A survey developed by Robert Half International and independently conducted with 100 Canadian senior executives between September 15 and October 15, 2008 stated that 35% of the senior executives had employee retention as their greatest staffing concern. Max Messmer, chairman and CEO of Robert Half International, states "Companies that lose top performers may not only experience declines in productivity but also incur significant costs in replacing these professionals."

9/8/2009 11:58:44 AM

Leadership is about "directing", "empowering" and "bringing change".  Leaders produce vision and develop strategies.  Management is about "planning", "controlling", "reacting".  Managers produce plans and complete tasks.  Leaders are not born: they are made. 

9/8/2009 11:58:13 AM

As a new supervisor, Joan was determined she would have a positive impact on all her employees. She began her assignment by visiting each of her employees individually and chatting about their backgrounds and career aspirations. When she had her first meeting with Mike she noticed his office was extremely messy. Knowing some people are able to find things quickly she put him to the test. She asked for someone's phone number and watched as Mike searched through stacks of paper looking for the company directory. Then she asked him about a big project he had completed the previous week. Again he had to search through drawers and stacks of folders delicately leaning against the wall before eventually coming across the project folder.

8/31/2009 1:39:05 PM

It seems like everywhere you look there is some mention of the U.S. Department of Labor (DOL) cracking down in one way or another on businesses. Statistics indicate that there is much increased activity in DOL audits over the last few years, which should come as no surprise. In the DOL 2011 Strategic Plan Fiscal Years 2006 - 2011 the department listed four major goals, which are...

8/31/2009 1:37:35 PM

When I began my consulting practice, I had no idea just how many organizations operate without the most critical tool necessary to practice sound HR management; the lowly, neglected and often unused job description. Wrongly considered unimportant by many and non-essential by some, a well-written job description is truly the cornerstone in building your HR and compensation infrastructure. Let's take a few minutes to review why they're so important in managing HR and how they should be used every day in HR departments.

8/31/2009 1:36:18 PM

It is certainly no secret that, during turbulent economic times, the number of discrimination claims tends to swell. Not only are more people out of work, but they are also financially motivated to explore their legal options.Well, the Equal Employment Opportunity Commission's (EEOC) Charge Statistics for 2008 are in, and the news - as predicted - is grim. Private sector discrimination filings with the EEOC for 2008 (95,402) surpassed 2007 (82,792) by a staggering 15% - the biggest jump in the federal agency's entire 44-year history.

8/31/2009 9:57:47 AM

A laid off employee is a tremendous threat to the information of a business. Before any pink slips are handed out make sure your information, both paper and electronic, is secure. The news is getting more positive for the economy and it looks like the U.S. is coming out of the recession, but many small business owners are still struggling to meet payroll. In these uncertain times, laying off employees is, unfortunately, still very much a part of the picture.

8/27/2009 7:15:57 AM

June 18, 2209, in a 5-4 decision, the U.S. Supreme Court held that an employee alleging a disparate treatment claim under the Age Discrimination in Employment Act (ADEA) must prove that age was the “but for” cause of the challenged adverse employment action. Justice Clarence Thomas, writing for the majority, ruled that even where the employee has produced evidence that age was one motivating factor in that decision the burden of persuasion does not shift to the employer to show that it would have taken the action without regard to age. Gross v. FBL Financial Services, Inc., No. 08-441, U.S. Supreme Court (June 18, 2009).

8/20/2009 8:14:06 AM

Query: May an employer make a race-based employment decision when it discovers that one of its employment tests or policies has the unintended effect of creating an adverse impact on another racial classification?

8/20/2009 8:13:55 AM

Last September, President George Bush signed the ADA Amendments Act (ADAAA) of 2008, which requires courts to interpret the ADA broadly when determining whether an individual has been discriminated against because of a disability. On June 17, 2009, the Equal Employment Opportunity Commission (EEOC) voted in favor of revising its rules to conform to the ADAAA. These amendments, as well as the proposed rules, will make it easier for individuals seeking protection under the ADA to establish that they have a disability. The changes to the rules, approved by the EEOC in a 2-1 vote, must now be reviewed by other federal agencies, including the Department of Transportation, the Justice Department and the Office of Management and Budget.

8/17/2009 11:44:19 AM

Even before Congress began laboring over the potentially biggest health care legislation in years, employers had – or should have had – plenty of health and welfare plan issues on their agendas for the second half of 2009.

8/17/2009 11:44:14 AM

Loyalty is defined as commitment or allegiance to a person, a group, or a cause. Sounds clear enough but loyalty often gets skewed in the workplace. Here are some examples where loyalty is distorted...

8/17/2009 11:22:04 AM

"When you throw dirt, you lose ground." - Texas Proverb. Nothing tears down relationships, teamwork, effectiveness, and productivity like the office rumor mill and gossip. Some refer to this as water cooler chit chat. There are certain type individuals that will go straight to the source to handle a breakdown, and then there are others who will complain and whine to everyone but the person they have a grievance with.

8/17/2009 11:19:25 AM

Are you empowering others each time you speak? Have you noticed that whenever you talk to someone, the energy seems to fade away and the other person seems uninterested? Then after the interaction there is a feeling of sadness and your enthusiasm is simply gone. If these things happen, then it is time to analyze yourself and work on your empowering skills.

8/17/2009 11:13:37 AM

In an era of test tube babies and cloning, GINA is an attempt to keep pace with technology and address ethical concerns surrounding our understanding of genes and chromosomes.  The Human Genome Project enabled scientists to map the genes located on the 46 human chromosomes that determine our physical characteristics and  susceptibility to disease.  Amidst widespread ethical concerns that the power to analyze the human body at the genetic level would be abused, the Genetic Information Nondiscrimination Act of 2008 was enacted.

8/12/2009 5:29:14 AM

You may be asked to write a new tuition assistance program for your company or modify one already in existence. If so, here are 5 tips to consider: 1) Approve schools that are regionally accredited, 2) Decide if your tuition reimbursement program might become a pre-pay education program, 3) Pay for any school option that saves time for employees getting their degree, 4) Pay for online classes, as well as on-campus classes, and 5) Contract with an educational counseling group to help your employees select the best college for their goals, background and skills.

8/10/2009 10:59:11 AM

Are you struggling in the effort to make your small business successful? Does it feel like you are working harder and you still don't see the results you desire? Or maybe you want to grow your business to the next level of success. Let's take a look at the top 10 ways to increasing productivity and better time management.

8/10/2009 8:30:22 AM

Many organizations have a tough time grappling with employee motivation issues. Are financial incentives enough? How much is necessary for it to be a primary driver of performance? Again, if money is not the main motivator, how else do you improve employee motivation? Can organizations develop cost effective motivation programs for improving performance across the board?

8/10/2009 8:27:48 AM

In a slow job market, anyone who posts a job opening these days is sure to get swamped with resumes. I've heard stories of 500 resumes for a single customer service opening or receptionist position. So when you are swamped like that how do your sort them to find the top 3-4 candidates without spending weeks reading each of them?

8/7/2009 12:11:59 PM

It takes Confidence, Interpersonal Skills, Natural Ability To Motivate Others, and The Knowledge of Building Trust With Your Employees - To Be Effective As A Leader.

8/6/2009 9:49:29 AM

Recently, surveys have shown a decline in the popularity and appreciation of business HR (Human Resources) strategies. Talk of business HR is everywhere. Some companies swear by it as the saviour of their employees and companies; whilst other business owners and managers completely dismiss it.

8/3/2009 12:24:36 PM

Conflict management in the workplace develops the harmonious relationship among employees. To manage the conflict, first step is to identify different conflicts a person has experienced. Then identify appropriate ways to resolve a conflict and practice the conflict management steps to resolve a conflict.

8/3/2009 11:52:30 AM

The Effective Leader works at building up and maintaining a series of Leadership Competencies which they use to do their job. By 'competencies' we do not mean 'natural' attributes, personality styles or skills. Competency is something, either natural or learnt, which is practiced and used effectively to achieve their desired goals. For example, someone may be charismatic, but this is only a 'competency' if they are consciously aware of this attribute, and use it purposefully to influence others positively. Competency covers knowledge, skills, practices and processes of the Effective Leader.

8/3/2009 11:49:40 AM

Employers should be careful in terminating a worker to avoid costly lawsuit. To avoid legal consequences, company owners should know these termination laws...

7/29/2009 12:05:21 PM

Strategic thinking is regarded as an essential core competency for leadership positions. In fact, many organizations already use this competency, among others, to appraise and evaluate the performance of their executives and leaders. Thus, a competency gap in strategic thinking is considered serious, and organizations will attempt to eliminate this gap. This brief article explores the most effective means to develop strategic thinkers.

7/29/2009 11:41:13 AM

"I have long been convinced that...employers and employees are partners, not enemies: that their interests are common, not opposed: that in the long run the success of each is dependent upon the success of the other." ~ John D. Rockefeller, Jr. This is so right on, John. I totally agree. Wake up folks! This is the Information Age. The days of treating employees as less than partners is OVER! Plus the time of leading by intimidation is FINISHED! The more you enroll your employees in your visions, the more support and success you create.

7/29/2009 11:35:03 AM

Effective this Friday, July 24, 2009, the federal minimum wage rate for covered non-exempt employees will increase from $6.55 per hour to $7.25 per hour. With this change, employees who are covered by the federal Fair Labor Standards Act (FLSA) will be entitled to pay no less than $7.25 per hour.

7/24/2009 8:57:09 AM

All employee complaints of harassment, discrimination or any misconduct should be taken seriously. An employer should be able to objectively decide what action should be taken to resolve each issue. Sometimes in order to get the truth, a workplace investigation must be performed. The problem is that there are also a lot of risks in performing workplace investigations. There are a host of rights that may be violated in the process.

7/24/2009 8:56:20 AM

In 2008 alone, the United States Equal Employment Opportunity Commission (EEOC) has received a total of 13, 867 sexual harassment charges. That number is the highest it's been in 6 years. Sexual harassment is one of the most prevalent employment discrimination abuses in the country. But what is sexual harassment?

7/24/2009 8:55:21 AM

Most companies implement their own principles and policies for its employees. They may have employed several or even multitude of workers to perform various tasks. The Federal Law protects employees from maltreatment and harassment in the workplace. It provides certain guidelines for the companies to follow. Law provisions specifically discuss matters pertaining to punishable workplace offences.

7/24/2009 8:49:34 AM

Pregnancy discrimination cases are costing companies more money than any other claims. In fiscal year 2003, the EEOC and the State and Local agencies collected $12.4 million from lawsuit charges of pregnancy discrimination. Today, thanks to the Pregnancy Discrimination awareness campaign programs, lawsuit cases concerning pregnancy discrimination declines. However, some employers often overlook the context of the pregnancy discrimination act due to confusion.

7/24/2009 8:47:18 AM

It was a motivational morning. I'd just finished moderating a powerful panel of four talented professionals - each superbly representing his or her generation. They shared their own unique struggles to find their places in the workforce and discussed strategies for strengthening the different generations' relationships in the office.  Afterwards, I couldn't help but get sucked into a conversation with three women talking about young professionals in a negative, stereotypical way. "They're demanding and have ridiculous expectations." I hear this kind of conversation frequently, but right after such an inspiring discussion about how this line of thinking doesn't serve anyone in the workplace? 

7/16/2009 3:04:57 PM

Much has been written and discussed about the massive number of Baby Boomers who are retiring or about to retire, and the impact on the workplace. What are Boomers going to do with their lives? Here's two developing trends that may have a significant impact on the workplace and our economy: Temp workers and entrepreneurial start ups. As reported in an article by Ali McConnon in the June 30, 2009 issue of BusinessWeek, the recession is hitting recruiting firms hard. For example, Robert Half International sales plummeted by 30% in the first quarter of 2009, as companies were reluctant to hire temp workers. Half is boosting its bottom line once hiring picks up by dipping into a pool of highly skilled Baby Boomers looking for work.

7/16/2009 9:13:36 AM

The million dollar question these past few months has been, "How do I attract and hire the right people in my practice?" The real kicker is that it has to be done now because a team member has left. Does this sound familiar? If you have ever been in this position, it feels very uncomfortable. Your thoughts begin to fill with fear and you wonder if you will ever find someone who will fit well into the position available. Rest assured these are normal feelings and you are not alone.

7/16/2009 9:08:18 AM

Recruiting is a misunderstood art form. For the shortsighted hiring managers out there, the word recruiting brings to mind hours of distraction that could be better spent on their "real job". One thing the recession has taught us (particularly the mortgage crisis) is that any decision based solely on short term ramifications will generally get us nowhere in the long run. This tendency to hunker down and avoid any tasks not directly associated with personal job performance is only further exacerbated by the troubled economy. People are being asked to do more with less and certain critical business functions are suffering as a result.

7/16/2009 8:16:42 AM

Employee lawsuits against employers have almost doubled in the last six years. According to the Fair Labor Standards Act (FLSA), if an employer is found to be in violation of the Wage and Hour laws, the Secretary of Labor may bring suit for back pay and an equal amount as liquidated damages, plus attorney's fees and court costs. Small businesses are feeling the burden and must be cognizant of complying with all laws.

7/13/2009 2:13:27 PM

The U.S. House of Representatives has introduced legislation that would require all employers with 15 employees or more to provide up to seven paid sick days each year.  The bill, titled the Healthy Families Act (H.R. 2460), was introduced by Representative Rosa DeLauro (D-CT).

7/13/2009 2:13:24 PM

It is considered expensive to employ a new employee and raise the employee to the level of the previous employee. When an employee leaves a company this means that the company has to incur un-budgeted expenses because of the missing headcount. It also means that the company has to employee another worker to take up that position. Untimely employee turnovers affect the production levels of a company. What follows are uncertainties. It is critical for management to consider any staff turnover as an indication of problems in the company's operations. You need to structure your managerial role to focus on a number of factors such that the management relation with the subordinate is a core part of the managerial tactics. According to David Sirota, a NY based survey intelligence firm, the cost of loosing an employee will cost a company one-and-half times the person's compensation.

7/9/2009 10:52:08 AM

Are you in a hiring mode during this recession? There's a good news/bad news flavor to hiring right now. First the Good News: Do you think it will be a cake walk because... There are so many good candidates out there who have been laid off? They are motivated to quickly land a new job so they can put bread on their family table? If they have the skills and knowledge to jump right in the company will immediately reap the benefits?Now the Bad News...

7/9/2009 9:00:24 AM

Finds Company's Pension Benefit Calculation Was LawfulThe U.S. Supreme Court recently held that an employer did not violate Title VII of the Civil Rights Act by granting limited service credit for purposes of calculating retirement benefits for pregnancy leaves taken before Title VII was amended in 1978 by the Pregnancy Discrimination Act (PDA). In a 7-2 decision, the majority found that the company based its benefit calculations on a "bona fide" seniority system. AT&T Corporation v. Hulteen, No. 07-543, U.S. Supreme Court (May 18, 2009).

7/9/2009 8:58:14 AM

This past week, the United States Supreme Court concluded that the City of New Haven Connecticut engaged in reverse discrimination when it discarded test results and refused to promote white firefighters because the City feared certification of the test results, which would have resulted in virtually no promotions of minorities, would lead to claims for disparate impact discrimination. Unfortunately, the Court’s decision offers little guidance to employers faced with a similar set of facts. 

7/6/2009 8:11:28 AM

People do odd things when they enter into a new relationship. I call it the honeymoon period. It's a time when it is all good, your vision is clouded by optimism that overlooks faults or problems that are visible to everyone else. Words of caution from well meaning friends have the sound of crazy alarmist rhetoric.  No, this post is not about relationship advice, it's about the workplace.

7/1/2009 4:53:16 PM

Not all of us are natural born leaders. Most of us are moving into leadership roles from a followers role. So we have to work at it very hard in order to be great at it. However, some of us will stumble along the way. For those of you that will stumble. You will battle the mistakes that come along with being a leader. There are 10 mistakes you must avoid in order to be the best leader you can be.

6/30/2009 7:30:40 AM

When people lead it is natural I suppose to want to be recognized for that amazing accomplishment that occurred as they lead the team to victory. There is nothing wrong with this at all. People need to succeed in the things and work they do. That's what goal setting is all about. To accomplish great achievements team has to be built, nurtured, pushed,appreciated, and formed to be group that will accomplish consistently. This does not usually happen overnight. This takes time and effort with a leader that is involved and wants the success of the group and the individuals.

6/30/2009 7:28:29 AM

Unity - This is a word which creates a concept of ones.  Whenever there is a motley crowd opinions will differ.  But, if they behave as a cohesive force, that unity will prompt victory in all fields.  "United We Stand Divided We Fall "- This is a well known quote.  In any enterprise, expertise counts a lot.  But, more than that, the unity of the participants will bring rich dividends. Manager or entrepreneur, worth the term, should have a skill for team building.  Even otherwise, as an ordinary employee also, he can participate in a team work with the real concept ingrained in his mind.  When a group of individuals contribute towards a common goal unitedly, this strong synergy will result in a larger contribution than when the very same persons work towards the goal without any bond or cohesion.

6/30/2009 7:24:35 AM

When firing an employee, many companies today present a severance agreement, or a contract which usually states that the departing employee agrees not to press charges against the employer. On the other hand, the employer promises to provide a payment called a severance package.

6/30/2009 7:04:34 AM

Do new employees feel welcome in your organization? Recent thinking in Human Resources places a greater importance on the experience of new employees during the first six months of employment. Like a lot of management concepts, it's the kind of common sense thinking that we somehow never get to implementing. I mean, who could argue with the notion that if we make new employees feel welcome, we stand a better chance of getting them thru what can be a difficult new employee transition?

6/26/2009 8:14:28 AM

If you happen to be a business fortunate enough to be hiring these days, how are you going about it? The first challenge in finding your next great hire is to find a way to screen the flood of applicants you're sure to receive; to find the cream amidst all that milk. But how do you do this? There are automated tools out there that can actually help. But, first implement these 4 basic steps to manage the high volume of applicants.

6/24/2009 2:02:37 PM

This article is about old and new ways of looking at corporate culture. The research mission is to join up in practical and sustainable ways increased workplace performance and superior workplace fulfilment. Our purpose is to alert organisations to the full potential of corporate culture as a key analytical tool and a framework for better practice.

6/16/2009 8:17:12 AM

Did you know that an estimated two-thirds of employee hiring decisions may be mistakes? This article will provide you with information that can help you improve your hiring process so that you can cut costs and maximize productivity in your organization. Whether you're an owner, an executive or a manager, the following information will be beneficial to you.

6/16/2009 8:10:33 AM

Efficiency is the key to any business - whether with regard to daily business operations, customer and company communications, or long term expansion. Moreover, with the economy in a temporary dip, increased efficiency can help save businesses a significant amount of money - not to mention valuable time.

6/12/2009 8:23:56 AM

E-Verify was originally introduced to employers as the Basic Pilot Program. The program was developed to provide employers with a free internet-based system where they could determine employment eligibility of new hires and the validity of their Social Security numbers. The system is operated by U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security (DHS) partnered with the Social Security Administration (SSA). Employers are able to verify the employment eligibility of their employees, regardless of citizenship. Based on information provided by the employee on his or her Form I-9, E-Verify confirms this information electronically against records contained by DHS and SSA databases.

6/12/2009 8:20:23 AM

Mary Weather is one of your key employees. The customers ask for her by name and she is one of your best team leaders. Today she comes into your office and tells you that she has accepted an exciting opportunity. You are taken aback. What happened, you ask yourself? Of course, you'll have an exit interview, but it's too late to save Mary.

6/12/2009 8:17:49 AM

One extremely useful facet of using employment applications in hiring is the ability of the employer to directly ask an applicant if he or she has a criminal history that would show up if a thorough background check was conducted. Yet, to their detriment, many employers use language that is either too narrow, too broad, or too ambiguous to successfully accomplish this - each of these mistakes can lead to legal quagmires or bad hires continuing to slip through the cracks and potentially endanger businesses.

6/12/2009 8:14:26 AM

Employee lawsuits against employers have almost doubled in the last six years. According to the Fair Labor Standards Act (FLSA), if an employer is found to be in violation of the Wage and Hour laws, the Secretary of Labor may bring suit for back pay and an equal amount as liquidated damages, plus attorney's fees and court costs. Small businesses are feeling the burden and must be cognizant of complying with all laws.

6/12/2009 8:01:41 AM

Some of the best tips for HR professionals are in the following areas; Documentation / Policies & Guidelines,  Candidate References, Active Enrollment, Incentives & Recognition, Understanding your Business, Ensure Compliance, Appraisals, Disciplinary Procedures, Exit Interviews, Time Management, and Enhancing Your Career. Read on to find out more...

6/4/2009 8:25:35 AM

Nowadays, companies are laying off their staffs. Though, it is extremely tough to find talented pool of employees. So, companies need good managers to counter the cruel recession. Sphr phr certification ensures that they are approving the potentials which have capabilities to counter all these hurdles. Credibility of such certifications provides relief to the companies and let them concentrate on their core task.

6/4/2009 8:19:14 AM

He walked into the room to deliver the news that the company was going to be looking at the possibility of outsourcing parts of their IT services. It was actually a part of their database management that IT hated and openly talked about hating. So he knew they would be glad to hear that the company would consider outsourcing it. He walked into the room, delivered his news, and was soon flooded with the resignations from his top talent.

6/4/2009 7:42:00 AM

How does it feel to go to work? This is the question your employees answer every day as they move through their duties. Their answer has a surprising impact on their performance. In general, when employees are happy about their work environment, they are more productive. Employees choose how much extra time and effort they will spend on work after fulfilling their minimum performance expectations. When companies foster engaging environments where workers feel connected to their work and co-workers, employees will put in more effort to produce outstanding work. As such, creating a feeling of community among workers is key to increasing employee engagement and productivity.

6/1/2009 7:08:16 AM

When people think of leadership they usually come up with two scenarios. Either they are doing the leading or they are being led. Whether you are starting up your own business or running your own business the leadership you demonstrate will be critical to your success. When you are leading others, whether it be employees, contractors, vendors or potential clients or customers that you hope to turn into sales it is critical that you are aware of the process and your impact on it. If you aren't your dream of small business growth and success may turn into a reality of failure.

6/1/2009 7:07:32 AM

Many small businesses find it difficult to hire top quality talent as well as retain them. There are a number of areas where they feel they are at a disadvantage compared to large companies. Among these are: 1) Less area for career growth, 2) Pay, 3) Benefits and 4) A less structured environment. I would like to address each of these perceived shortcomings and how they can be turned into a positive for both attracting and retaining top-notch talent.

6/1/2009 7:07:27 AM

Just as you would prepare for a job interview, preparation is key for ensuring that your performance appraisal process goes well. Your performance review becomes a permanent record in your employee file, both in terms of how you rate yourself as well as your managers' evaluation of whether you've achieved the agreed business objectives or goals for the period under review.

6/1/2009 6:53:02 AM

"The best executive is the one who has sense enough to pick good men to do what he wants done, and self-restraint to keep from meddling with them while they do it." - Theodore Roosevelt... One of the most difficult (yet most fulfilling) tasks a leader faces is the task of developing new leaders in any organization. Sometimes it is difficult to find leaders willing to take this step because it seems like long and difficult work for an unknown outcome. In some ways, this is true. A leader may pour themselves into somebody else only to see that person wither and die as a leader - or the person may become an excellent leader only to take a job for another company. However, the long term benefit to an organization far outweighs the potential loss from leaders who later jump ship. In fact, if the development process is done correctly, it should make the persons' loyalty to the company even stronger than it was before the development process began.

5/28/2009 1:56:10 PM

In this time of fear and uncertainty, morale has plummeted and productivity is down. Research conducted by the Corporate Executive Board reveals that 25% of Top Employees are looking for other opportunities (up from 10% last year) and 100% are in danger of being swept away by the competition...headhunters are on the prowl. The time is NOW to get your employees committed and focused. Keep your top-performing superstars, and build their engagement and morale. Read on to see what the experts are saying and what you should do about it.

5/26/2009 9:30:45 AM

The Citizenship and Immigration Service (CIS) confirmed that the latest I-9 Form is effective April 3, 2009. The CIS went several years without updating the I-9 Form and the attending List of Documents - but has made a series of revisions, some substantial and some insubstantial, over the last two years.

5/21/2009 2:42:36 PM

You must know WHEN you should promote from within and when you need to bring in new blood or you can KILL your company. So how do you know which one you should do? The answer is surprisingly easy yet I am amazed at how many companies miss it. I believe most companies miss it because they don't realize the importance of this ONE ingredient in the success of their company. The one key ingredient is YOUR CORPORATE CULTURE.

5/21/2009 2:33:21 PM

During these times of economic uncertainty, corporate social responsibility (CSR) initiatives are unlikely to rank very high on CEO and Senior Management's priority list. Traditionally perceived as the right thing to do, companies philanthropic contributions and environmental mandates have rarely been treated as much more than a prerequisite towards earning their obligatory social license to operate.

5/20/2009 8:56:15 AM

One of the things that continues to surprise me is that when times are bad organizations still spend money on employee engagement surveys. A general look around the office or factory and tea room discussions would make it obvious to all that wanted to see it that employees are not so much engaged as they are worried about their jobs. This leads us to two major issues to consider during tough times, the first is how we inspire confidence and innovation in an organization that appears to be in freeze mode. The second is what you should measure as an indicator of employee engagement. Let's deal with inspiring confidence and innovation in your organization.

5/20/2009 8:53:46 AM

Many of our clients have found it necessary to reduce staff (or even staff pay or benefits) to weather this rocky 2009.  While they are no doubt doing this to reduce expenses, in my experience, there is one thing well worth spending money on as part of this plan, namely, a competent employment attorney.  Why is this?

5/20/2009 7:30:58 AM

The 'job for life' is not a term often used now, but employers need to consider the importance of employee retention as it affects turnover, productivity and the business's long-term success.

5/15/2009 11:00:08 AM

A sputtering economy and declining stock market have taken a huge toll on investors' portfolios, including employees' 401(k) accounts. Some studies show that stock market drops resulted in the average 401(k) account balance falling nearly 30 percent in 2008. This occurred despite participant contribution levels that continued at slightly higher rates than in 2007.

5/15/2009 11:00:05 AM

Holding that an employer had failed to prove its employees were covered by the motor carrier exemption to the overtime compensation requirements of the California wage and hour laws, the California Court of Appeal has reversed summary adjudication for the employer. Gomez v. Lincare, Inc., No. G040338 (Cal. Ct. App. Apr. 28, 2009).  The Court concluded the employer had not shown that its employees qualified for the exemption, because it was unable to demonstrate they drove a vehicle carrying hazardous materials each workday.  The Court remanded the case for further proceedings.

5/15/2009 11:00:02 AM

The Human Resources Department performs a plethora of functions related to a company's workforce, including performance management and resource planning. These functions also entail striking a balance between change and innovation with the main aim of increasing Return on Investment (ROI), thereby decreasing financial risk.

5/1/2009 11:38:10 AM

With U.S. officials confirming the first swine flu attributed death in the U.S. today and warning Americans to take precautions to guard against a likely swine flu pandemic, U.S. employers are asking what steps they should take to defend their organization and its people against the risk of a widespread outbreak among members of their workforce and the attendant lost time, health and disability costs, OSHA and other liability exposures and other personal and financial consequences likely to result from an outbreak.

4/30/2009 7:25:35 AM

It is old news that President Obama signed the American Recovery and Reinvestment Act, popularly known as the Stimulus Package, into law last month. What hasn't made the news are the dramatic changes the law makes to HIPAAs (Health Insurance Portability and Accountability Act) Security Rules. The changes subject business associates to the rules, requires notifications for breaches, expands who may seek damages and increases penalties for violations. Here are just some of the biggest changes to the HIPAA Security Rules.

4/29/2009 1:49:51 PM

The Act regarding Civil Rights passed in the year of 1964 states that EEOC(Equal Employment Opportunity Commission) should execute the legal matters regarding anti-discrimination. The EEOC, a federal agency, has authority to investigate and settle claims of illegal discrimination.

4/29/2009 10:49:30 AM

President Barack Obama signed the Lilly Ledbetter Fair Pay Act on January 29, 2009 (see Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007)). This law applies to discriminatory pay complaints and remedies under several current laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), as well as parts of the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973.

4/29/2009 10:45:25 AM

If an employee left the company, why should you continue to retain their personnel file? There are a few different reasons why, but one of the main reasons is that the federal government stipulates that companies should retain personnel data for a specified period of time. There are also some states that have additional requirements beyond the federal government requirements. Some of these requirements are dependent on the number of employees, while some are only for government contractors and subcontractors. Regardless, most employers will fall under the records retention requirements.

4/27/2009 9:49:06 AM

According to the dictionary, diversity is defined simply as variety, a meaning that is sometimes lost when we think of workplace diversity. In this context, our thoughts turn to differences in cultural background and ethnicity, and possibly gender. One type of diversity that seldom enters our minds is age, and we often assume that individuals of similar ethnic and cultural backgrounds will behave similarly, regardless of age.

4/27/2009 9:48:09 AM

The 'job for life' is not a term often used now, but employers need to consider the importance of employee retention as it affects turnover, productivity and the business's long-term success.

4/27/2009 9:47:09 AM

The Olden DaysIn the days when courses of a week were still in fashion, I used to run a course of four days split into two sessions a month apart. It was a course in 'Personal Effectiveness'. It was one I particularly enjoyed as it covered a wide range of topics and we often got really great results for the people participating.

4/27/2009 9:45:49 AM

Just as in previous tax years, 2009 brings new changes to the different payroll tax forms and regulations. Below is a summary of "What's New" for Form 941 2009.

4/24/2009 8:49:35 AM

Do you have what it takes to be "brave" in today's marketplace?

4/10/2009 7:40:55 AM

Have you taken the ncessary steps to recession-proof your career in today's job market?

4/10/2009 7:40:36 AM

The most important thing most employers want to be able to offer to their employees is an employer group health plan. Through these plans the employer can rest assured that his employees are well taken care. It also helps retain current employees since they are more likely to stay to keep the great benefits. Many people will take a lower paying job if the benefits are worth the lower pay. Having affordable health care is one of the first things people ask about when they start a new job and for many, it can be the reason they accept a position with one company over another. Being able to offer comprehensive, and inexpensive, health care for your employees is a must have in the current economic situation.

4/8/2009 8:50:51 AM

Flashback to January of 2008. It began well, but dramatically disintegrated over time to end in a dismal financial state that has affected each of us in some way. Certainly it made managing HR much more challenging than it is under normal business scenarios. We know that millions of jobs were eliminated as the year progressed, with the fallout of significant job losses spilling over into 2009. As the economy deteriorated, job security became of paramount importance to employees. Towards the end of the year, employees became much more reluctant to seek other employment and had diminished opportunity to do so in view of fewer job openings. Employers found themselves in the diametrically opposed position of laying off employees while still hiring for specialized jobs. Even so, naturally there was still employee turnover in all industries.

4/7/2009 2:16:31 PM

In today's world, reliance on technology is a fact of doing business. However, the value of face to face communication within your organization and with your clients should not go unrecognized. Recently, K HR Solutions conducted a generational survey. 56% of survey participants indicated that they prefer face to face communication with their boss and over 50% prefer face to face communication with their colleagues. The next highest was only 35% preferring e-mail. Whereas technology has increased the number of people that we can communicate with, it has also increased the amount of techno-chatter that we experience on a daily basis.

4/7/2009 8:46:39 AM

Make no mistake, there is no better time to look after your employees than when the pressure is on and demands on them are greatest. If you're working with teams who've had their numbers cut, they need to be engaged and motivated to focus on the job and not on insecurities around them. If your initiatives are properly designed, they will have an immediate impact throughout the business and get great results. A downturn is when your people need support the most.

4/7/2009 8:46:06 AM

Rule #1 Get personnel file in order- Documentation is the single most effective defense if a suit is filed. Handwritten notes are fine. There should be specific instances noted in the employee's file concerning performance issues with as many details as possible. Performance reviews that document conversations about areas needing improvement and plans to meet those goals carry a lot of weight.

4/6/2009 12:45:10 PM

Many HR professionals are stuck in the old-school mindset that HR career success comes from following some kind of rigid, carefully laid-out career plan. Some companies have even taken years to develop carefully constructed "HR career paths" or "HR career ladders" for their HR folks. This is all a bunch of bunk. And this is the biggest career mistake just about every HR professional makes.

4/6/2009 12:44:52 PM

Now more than at any time in recent history, it is vital that you hire only the best candidates for new positions due to growth, expansion or venturing into new markets, services or products. It's no secret that there are hundreds of thousands of unemployed nationwide. Many of these potential employees can bring creativity, dedication and excellent skills to a new position with your organization. I don't care if you are hiring a new janitor, CEO or Administrative assistant if you want to ensure that you continue to grow profitably it's critical that you only hire the best.

4/3/2009 8:06:44 AM

In tough economic times, most organizations' first and most predictable reaction is to cut expenses; in today's service economy, the largest expenses are manpower-related. The result is that thousands of talented employees have been released into the marketplace. This increase in talented unemployed workers creates a great opportunity. When others are cutting, now is the time for you to redefine, realign and rehire to pick from the best and create a more powerful and greater performing team.

4/3/2009 7:57:13 AM

Everyone knows we are in the midst of a pretty soft economy. It is not yet clear here in March of 2009 how long it will last. Most bets are it will be a long time. This means a lot of things to business people but it particularly impacts hiring...if you are lucky enough to do any hiring. Pure and simple, a bad hire can put you out of business. Here are 3 tips that help you hire right in a bad economy.

4/2/2009 7:45:26 AM

Even though it's an "employer's market" with millions of capable people looking for work due to the recession, many employers are making five key employee retention mistakes.

4/1/2009 8:38:12 AM

Unmotivated employees have rightly been called "the black holes of the business universe." Fortunately, motivation is not something a person is born with or without. Applying these Ten Commandments can go a long way to helping existing employees find their motivation.

3/31/2009 3:44:16 PM

Ten ways to find a job in ten days. This article was written to help job seekers find a job in this recession. It is geared towards job seekers that work with headhunters, third party search firms, and recruiters. It can help you find jobs on the market in your industry whether you are looking for a sales job or technology job, this article can help you find a recruiter, has interview tips, and will help you negotiate your job offer letter. With the recession there are a lot of job seekers, and this article includes how to find a job during the recession.

3/31/2009 3:39:39 PM

Some business leaders may argue that it's not important for every employee to be involved in, or even informed about the company's business strategy, financial position or other seemingly "executive-exclusive" information. But, my experience tells me that when companies strangle, or in some cases, sever the critical lines of communication and collaboration amongst its employees, the result can be catastrophic.

3/30/2009 10:49:33 AM

Many companies affected by the current economic downturn are searching for ways to help weather that storm.  Occasional reduction in work hours, implementing mandatory vacations, or instituting short-term furloughs can help an employer to retain experienced employees, while allowing the company to achieve cost savings in this time of economic crisis.  The Department of Labor (DOL) recently released three opinion letters written in January of this year in response to employer inquiries about the effect of such  short-term shut-downs on employees’ exempt status under the Fair Labor Standards Act (FLSA). 

3/30/2009 10:43:09 AM

With a new administration and a dismal economy, new and amended laws are on the horizon to transform the ever-changing world we call human resources.  Among these changes, Michelle Obama is making work/family balance a top priority in her role of first lady.  So what does this mean?  For the first time, the government is attempting to mandate paid sick days and paid leave for businesses. 

3/25/2009 11:40:25 AM

One cannot be successful in any field if he is not a disciplined in the area of time management, be he a student, an entrepreneur, or even a retired official. We have to stick some time schedule willy-nilly if we desire to succeed. Where business in concerned, one has to master the art of succeeding over unwelcome interruptions and concentrate on finishing his job on time. In this this write-up, I shall provide the cues for you to follow to ensure nothing comes in the way of your smooth execution of tasks and maintaining your deadlines.

3/24/2009 2:05:05 PM

The US market for instance is a highly unstable market in today's times. In fact, our current market trend is quite low. Although it is possible that we have higher economic growth compared to any other country and during our peak negative cycle, there is no doubt about it- we are in a recession right now. Millions of Americans are suffering such problems like job cuts, decreases in stock withholds and more. Although this is quite detrimental, this is actually a very common phenomena and occurs naturally in any global business setup and will regain its stability within a short span of time. In this article, we will evaluate the effect of unemployment on commerce and business so that we have a better understanding of these matters.

3/24/2009 2:03:16 PM

Change occurs in our lives, our homes and our businesses whether we like it or not. And, in order to be successful, especially in business, we need to be able to adapt to that change and use it to our advantage rather than having it become a downfall. Of course, successful adaptation doesn't just happen overnight. It happens through careful planning and organization. In other words, it happens through organizational change management.

3/24/2009 12:05:03 PM

Defining a clear human resources strategy is key to long-term success during the current economic downturn. Some companies have to make the difficult decisions of who to let go, while others face the daunting task of sifting through a mountain of job applications for any position they have open. For those companies scrambling to stay afloat, analyze each job task and determine the business functions that have the most redundancy. Letting someone go is always a difficult decision, so make sure you act intelligently when you are forced to downsize.

3/23/2009 9:29:14 AM

Winston Churchill once said, "Healthy citizens are the greatest asset any country can have." An organization, be it a country or a company, is only as strong as the people who drive the process and agenda for that organization. In the modern business environment, Human capital is the driving force behind success and in many cases failure. The modern global economy has brought down barriers and opened up the market place. Under the mounting competitive pressures, many managers lose sight of their most valuable asset, their people. When it comes to employees, I trust the old business adage that an A class person with a B class product will always outperform a B class person with an A class product. Managers need to step back, take a breath and focus on 'who' will help take their company to the next level.

3/18/2009 10:07:29 AM

How do you manage March Madness?Do you ban office pools and game watching sessions?Or knowing it will only last three weeks, do you "turn your head"?Or do you participate just to "stay in the loop"?

3/16/2009 10:11:44 AM

Have you heard about Lilly Ledbetter and the Ledbetter Act in the news? Here is a straightforward explanation of how this Act affects you as an employer.

3/13/2009 10:06:16 AM

Providing clear and direct feedback is an essential function of management. The value of feedback is that it promotes learning and maintains performance in alignment with accepted standards. Frequent feedback provides more cycles of learning and allows employees to more rapidly move up the learning curve. And yet, giving feedback is often a challenge and a source of anxiety for managers. The need is readily recognized, but somehow the action gets put off. Following a simple four step method provides a framework for giving feedback and assures a successful outcome.

3/13/2009 9:55:36 AM

It's that magical time of the year for basketball fans. That's right it's time once again for March Madness! During the coming weeks offices and workplaces around the country will be abuzz with the latest news and information about the big tournament and high hopes will be set for alma maters participating in the Big Dance. All this excitement brings with it office pools and wagers placed by workers who try to predict how the 64 team tournament will pan out. Not surprisingly all this extra-curricular office activity will have an impact on productivity: a 3.5 billion dollar loss in American productivity by some estimates.

3/13/2009 7:58:36 AM

We should never lose sight of the fact that people make a company what it is today and what it will be tomorrow. Also, we should not forget our people in the development and organizational sense as well as the retention situation. Have we taken our people for granted? Like other industries, the employee in the Home Healthcare market does not always feel as passionate as the owner about the mission of the organization, and they may be confused about how they fit in to the organization's changing future. Many employees are becoming discouraged when they hear or read about the industry's problems relative to reimbursement schedules and the expense involved with quality service.

3/13/2009 7:44:56 AM

January 29th, President Obama signed the Lilly Ledbetter Fair Pay Act, only two days after Congress passed the law (see Ogletree Deakins’ January 27, 2009 E-Alert). The Fair Pay Act is the first law passed by the new Congress and the first law signed by President Obama. Civil rights groups and their union supporters hailed the symbolism of the Act’s “first law passed and signed” status.

3/12/2009 4:06:15 PM

Although the television networks bring more devastating news about the economy every night, we also need to be aware of employers and employees who are making beneficial, even heroic, efforts to help each other and the economy. Here's an outstanding effort by an employer which will motivate and retain good employees while reducing costly employee turnover.

3/12/2009 9:52:45 AM

The Consolidated Omnibus Budget & Reconciliation Act (COBRA) is designed to permit individuals who would otherwise lose their health insurance coverage to continue coverage through their employer, or former employer, at group rates. Employees electing COBRA coverage are responsible for paying the full premium themselves and may be required to pay a 2% administrative fee. COBRA applies to employers with 20 or more employees who offer group health insurance. However, many states have enacted their own COBRA requirements which cover employers with less than 20 employees. Download our COBRA Continuation by State form to determine whether or not your state has specific guidelines on the issue.

3/11/2009 10:53:21 AM

Although Employee Handbooks are a must for most employers, whether they have a binding effect is another story. California presumes the employer-employee relationship is "at-will" (i.e. employers and employees can sever the employment relationship at any time with or without a reason). Yet the reality is that employees can get around that presumption and assert the existence of an employer-employee relationship requiring termination for cause only. Employees often use the employer's own handbook against them.

3/11/2009 10:51:53 AM

I predict that the topic of talent engagement will be one of the important issues for years to come. The current and future availability of talented executives are affected with anticipated changes in population demographics, more astute potential hires, technology and globalisation. Without a program to identify talent, strengthen the capabilities of existing leaders and increase the number of people in the leadership pipeline, a business is more likely to fail.

3/11/2009 10:50:57 AM

Many organizations now offer an alternative to the traditional Monday through Friday 9:00 a.m. to 5:00 p.m. job. A workplace is thought to be flexible if employees have flexibility in scheduling (e.g., flex time and compressed workweeks), flexibility in the number of hours worked (e.g., part-time or job sharing), or flexibility in the location of work (e.g., telecommuting, satellite office). With benefits such as increased worker productivity, greater ability to attract and retain talent, and higher employee morale, capitalizing on the trend of workplace flexibility is important to your small business success in the coming years. Here are four driving forces behind the push towards increasing workplace flexibility.

3/11/2009 10:49:21 AM

Can employers require applicants to take medical examinations as a condition of employment?  Can employers compel employees to submit to medical testing?  The answer to both questions is yes, but only when certain requirements of the Americans with Disabilities Act are satisfied.  Certainly, medical examinations can be an integral part of maintaining a safe workplace; however, employers must adhere to specific regulations that allow an exception to the ADA’s general prohibition against medical exams. 

3/9/2009 8:20:08 AM

For any organization, costs related to employment are without a doubt the largest and most expensive budget item. Often times the drain on your budget is from workers' compensation insurance premiums. Understanding more about these three secrets of workers' comp insurance will undoubtedly help to reduce your costs, and allow your profits grow.

3/6/2009 3:08:01 PM

As the current economic crisis escalates and businesses are being forced to restructure their operations through mergers, acquisitions or workforce reductions, many employers are faced with the unpleasant tasks of laying off some of their staff members. When workforce reductions are needed, employers must be sure to comply with certain legal requirements. One such requirements is the Worker Adjustment and Retraining Notification (WARN) Act which mandates that under certain circumstances employers provide employees with 60 days advance notice in the event of a mass layoff or plant closing.In 1988, Congress passed the WARN Act to provide workers with sufficient time to prepare for the transition between jobs. Below are some specific guidelines to ensure compliance with WARN...

3/6/2009 2:50:52 PM

In discussing network based, team based, boundary-less and traditional organizations, we first want to point out the facts of each type of organization. According to Dessler, a Network based organization is a system of interconnected or cooperating individuals. He describes three types of organizational networks to include formal, informal and electronics networks. Basically all managers and supervisors no matter what department they are in or their geographic location work together and have direct contact with one another. Better communication, more coordinated efforts and expedited results.

3/4/2009 10:56:37 AM

The Fair Labor Standards Act (FLSA) governs employer pay practices and sets requirements pertaining to minimum wage, overtime, equal pay, child labor, and recordkeeping. Under the Act, all non-exempt employees must be paid at least the minimum wage per hour and must receive overtime for all hours worked in excess of 40 in a given week.But, what are hours worked? Does time spent waiting to be called into work count as hours worked? What about time spent traveling for company business? Or time spent on breaks? The FLSA sets strict requirements pertaining to when employees must be paid given these types of circumstances.

3/4/2009 10:51:35 AM

We've all experienced it, or at least know someone who has: an employee who is habitually late to work, takes extended coffee breaks, or makes personal calls during work time - and leaves you or your co-workers to pick up the pieces. Work habits like these can put a damper on your bottom line. But, with a few simple changes you can turn these challenging employees into your star employees.

3/4/2009 10:49:19 AM

As much as we hate to admit it, employee performance issues are just inevitable in any business. Fortunately, there is something that managers can do to remedy the situation. Unfortunately, however, this method is something that most managers do not commonly practice. This is not because the managers themselves do not have the time to do this method at all. Managers do have the time, and if they are busy dealing with managerial affairs, this is still something managers should take time to do. But this is not the issue at all because most managers actually avoid circumstances that would require them to do this activity. So, what exactly is this activity?

2/27/2009 9:32:39 AM

If you think that your employees' poor performance on their designated jobs is costing you a whole lot of lost profits, then instead of just doing a total overhaul of your employee roster, why not try to do some employee motivation tactics to get them to actually come around and be able to save your company from looming bankruptcy. It really is fairly easy and simple to rouse some employee motivation, you just have to take these techniques to heart...

2/27/2009 9:31:21 AM

Businesses often use employee incentive programs to increase profit for the company. But it does not end there. Employee incentive programs also pave way for employees to exceed their current status of "just another hired employee". And because of this, an employee incentive program is a great tool to make your business work and your employees happy. Here are some of the benefits of an employee incentive program.

2/27/2009 9:28:59 AM

The field of Human Behavior Organization emphasizes the importance of human resources in any business organization. The business filed offers too much focus on manpower development for it is the lifeblood of an existing industry. This consideration provided several honchos in trade enterprise to create spin off departments to cater on different structural framework of human resource management development.

2/27/2009 9:26:47 AM

Familiarity with the concept of HR KPI will help management and human resource department heads measure their performance in line with organizational goals. Moreover, these factors help them identify strengths and weaknesses of the organization's human assets. HR KPI is actually an acronym for the words, human resource key performance indicators. Human resource refers to the people who are hired to perform certain functions for the company. Key performance indicators, on the other hand, are metrics or measures that are used to quantify organizational objectives that are in line with the organization's strategic performance.

2/27/2009 9:20:28 AM

In discussing network based, team based, boundary-less and traditional organizations, we first want to point out the facts of each type of organization. According to Dessler, a Network based organization is a system of interconnected or cooperating individuals. He describes three types of organizational networks to include formal, informal and electronics networks. Basically all managers and supervisors no matter what department they are in or their geographic location work together and have direct contact with one another. Better communication, more coordinated efforts and expedited results.

2/26/2009 12:56:35 PM

Even given today's economic uncertainty, creating a reward system that attracts and retains talented employees is important for the success of any organization. While you may not be able to afford to offer your employees regular pay increases, there are some other simple and cost effective ways to reward your workers.

2/26/2009 12:51:44 PM

More and more small businesses and large corporations are investing in programs, retreats, and sessions that focus on corporate leadership training. Companies enlist these leadership training services to teach their employees (and perhaps learn something themselves) vital business skills to empower them to not only be great team players but also strengthen their capabilities as leaders.

2/24/2009 10:33:13 AM

When we coach our employee's, we have the opportunity to train, motivate, and communicate all at the same time. When we coach the right way, with our focus on "future success" and using great questions, we will make a positive impact on their future performance. However, if our coaching sessions turns into a lecture, we lose any rapport and respect we may have created.

2/24/2009 7:51:11 AM

Human resources, once considered only to be important to big businesses, has been playing an increasingly critical role in the success of today's small business. Savvy business owners and executives realize that the most critical element of their success is their people. The question becomes how to attract and keep the best ones working for you.

2/20/2009 3:32:25 PM

If you think that treating people with respect is too touchy-feely for the workplace, think again.  Respect in the workplace is a powerful motivator, and disrespect in the workplace is a powerful demotivator.  Respect affects outcomes and profits because it affects employee morale.

2/18/2009 2:35:56 PM

Managing Performance is the function of measurement of advancement, of an establishment, towards a coveted goal. It is the measurement, analysis and optimization of resources to furnish a service to a level that has been agreed upon It concentrates on the deliverance of service. The initial thought that is behind performance management is a procedure over which the management unites the people, schemes and schemes, to maximise both strength and efficiency so to deliver the preferred effects. Plainly put, the argument means, doing the precise things and doing the things right. That is, an industrious organization must include one scheme that incorporates leaders, and the other that insists on attaining excellent.

2/17/2009 10:00:37 AM

On January 29, President Barack Obama signed the Lilly Ledbetter Fair Pay Act. This law applies to discriminatory pay complaints and remedies under several current laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), as well as parts of the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973.

2/17/2009 9:57:37 AM

Post-Traumatic Stress Disorder (PTSD). It's one of the signature conditions of the conflicts in Iraq and Afghanistan, and by many accounts, a great deal of returning service members will be coping with the effects of PTSD as they transition to civilian life. For employers, that brings up some important questions - among them, what should they expect from employees with PTSD, and how can they support them in the workplace.

2/17/2009 9:56:10 AM

As we continue to adapt to the downturn, there are a number of factors around the valuation of companies that are coming into play and, in the end, motivating leaders to re-value options.  We're seeing this trend develop in real time, and it prompted us to put pen to paper for our most recent Perspectives article, "Giving Stock Options A Second Look: The benefits of new grants at low values."

2/17/2009 9:53:21 AM

Recent events have created confusion for employers trying to correct problems identified in the Social Security Administration No-Match letters, as well as to comply with Form I-9 requirements.  Regulations on these topics are in a state of flux, making compliance extremely difficult.  A preliminary injunction prohibits enforcement of the Department of Homeland Security’s final regulations on employer responses to No-Match letters.  Moreover, President Obama has delayed the implementation of the new Form I-9 until at least April 3, 2009. 

2/17/2009 9:53:02 AM

When an artist sets out to make a sculpture, he gets a large rock and begins to chip away at it. Each day this rock becomes just a little bit more like the final product the artist has designed. If the average person sets out to create the same sculpture, the process begins the same way. The difference happens after 3-4 days. Most of us would begin to feel like this process is going to "take forever" or "we are not getting anywhere", and we quit and move on to something else.

2/10/2009 7:40:39 AM

A recent class action brought by Starbucks employees serves as a reminder to employers on the topic of travel expenses. The federal court employee class action alleged that Starbucks failed to reimburse employees for their travel expenses. The lead plaintiff, Jonelle Lewis, worked in a retail management positions at a Starbucks in California's Amador County community of Martell. During her year and one half of employment, she regularly used her personal vehicle to perform work-related duties. The duties included making bank deposits, getting supplies from vendors, and attending meetings. Ms. Lewis alleged that on several occasions when she and others requested reimbursement for mileage, they were advised that, as a matter of company policy, Starbucks does not reimburse employees for mileage expenses.

2/6/2009 11:32:09 AM

Another year has come and gone, where does the time go? You need employees to run your business, but with employees come responsibility and headaches. As you start thinking about 2009 there are some important human resource practices you should be thinking about. Employment Screening - In today's society you can never be too careful who you are hiring. Are they a sexual predator? Do they have a criminal history? You could be putting your business and employees at risk. Turnover is costly and not screening applicants before having them join your company can be a tremendous liability - stop it before it's too late.

2/2/2009 4:35:30 PM

It's a brand new day.  You wake up after a great night's sleep and get ready for work.  You have objectives to meet, deadlines approaching and meetings scheduled which will make for a very full day.  After a quick breakfast and a cup of your favorite morning beverage, you head to work.  Then your day goes haywire...

2/2/2009 4:34:13 PM

We should never lose sight of the fact that people make a company what it is today and what it will be tomorrow. Also, we should not forget our people in the development and organizational sense as well as the retention situation. Have we taken our people for granted? Like other industries, the employee in the Home Healthcare market does not always feel as passionate as the owner about the mission of the organization, and they may be confused about how they fit in to the organization's changing future. Many employees are becoming discouraged when they hear or read about the industry's problems relative to reimbursement schedules and the expense involved with quality service.

2/2/2009 4:32:44 PM

There are three potential "hot spots" for audits and investigations for the government related to the immigration and nationality laws. The first has to do with the documentation that the employer is required to maintain in connection with the H-1B nonimmigrant professional and specialty and occupation worker visa. The second area of potential audit concerns the employer's obligations under the Immigration Reform and Control Act of 1986 ("IRCA") [Pub. L. No. 99-603, 100 Stat. 3359] (known to HR Professionals as the "I-9 Process"). The third, and one more recent, area of audit surrounds the new Labor Certification Application Program called "Permanent Electronic Review Management" ("PERM"). Each of the foregoing government programs anticipates compliance through "audit". Even a rudimentary understanding of the complex documentary requirements for each of these programs can help and employer to avoid potential liability.

2/2/2009 11:47:57 AM

One law firm’s story of complying with the “roll-back” king’s employer compliance program- Americans across the country are familiar with Wal-Mart for their "roll-back" prices and friendly service.  What most people don't know is that, after their immigration  scandals in 2001 and 2003, Wal-Mart has lead the country in enforcing employer compliance with requirements of the Immigration Reform and Control Act of 1986 ("IRCA").  Since paying a record-setting $11 million to the United States Department of Homeland Security, Immigration and Customs Enforcement Division ("ICE"), Wal-Mart has become the reluctant leader in employer compliance programs.  As anyone trying to sign a contract with Wal-Mart will tell you, it's no walk in the park to meet their strict demands, but it is the way of the future for employment verification procedures.

2/2/2009 11:45:34 AM

On January 29, 2009, President Barack H. Obama signed into law (SB 181) an act amending Title VII (Civil Rights Act); the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA) and the Rehabilitation Act to extend the period for filing claims. This period for filing claims is commonly referred to as the statute of limitations. This new law, known as the Lilly Ledbetter Fair Pay Act, reverses the United States Supreme Court's decision in Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007).

1/30/2009 11:33:34 AM

Teamwork is an integral part of most businesses today: it takes the effective interaction between members of a working team to bring about great results. In order to achieve your goals, your teams need to pull together as individuals unified by a common belief system. Achieving this delicate balance is no simple matter. Truly effective teamwork takes patience and practice. Here are some ideas to help improve your business's cohesiveness.

1/30/2009 9:21:38 AM

It's the beginning of the year; a time for setting new workplace goals. But how do you get your employees to accept, or better yet, embrace those goals? You explain how achieving goals can positively impact employees. This involves answering the "what's in it for me" question. In other words, you give employees a personal reason for doing their best. Consider these three ideas...

1/30/2009 9:20:49 AM

Management has a lot to do with the desire to make things better. Since the manager's job description is to make the company that he or she works for more efficient and successful, it is a constant strive for perfection -- or the closest that you can get to perfection. For anyone who wants to become a manager, or a better manager than they already are, it's important to recognize that management goes way beyond the confines of one's job and title. The skills and knowledge that one uses as the manager of a company or department will help in managing one's own life, time, and talents. To learn more about management responsibilities and how to become a better manager, read on.

1/30/2009 9:19:11 AM

Managing Performance is the operation of measurement of progress, of an establishment, towards a sought-after goal. It is the measure, research and optimisation of tools to render a service at a level that has been agreed upon by both party's. It centers on the delivery of service. The basic idea behind performance management is a process over which the management unites the people, schemes and schemes, to maximise both potency and efficiency to be able to render the preferable results. Plainly put, the argument means, doing the precise things and doing the things right. That is, an industrious organisation must include one scheme that comprises leadership, and the other that insists on accomplishing quality.

1/30/2009 9:15:26 AM

The recession is about the creative Human Resources Management. The HRM Function is asked to bring new ideas, to change the HRM Processes and to develop or change the procedures. And this effort has to be cheap or it has to cut the costs of the organization. The HRM Innovation is easy in times of the business growth, but the recession is not good for big innovative HRM Initiatives.

1/30/2009 9:03:13 AM

There's a lot going on to make people nervous about the economy, their jobs and their futures. During difficult times, employers need to remember to communicate with their employees. The absolute worst thing employers can do at a time like this is to remain quiet. Uncertain times are just when companies should be communicating more--and putting their executives and leadership in visible positions, talking openly with employees.

1/28/2009 9:42:06 AM

The challenges of ensuring expatriates are paid fair salaries across different countries, in the current economic climate, of the credit crisis together with rapid currency and inflation fluctuations are increasingly complex. The current economic climate has made it necessary to constantly review expatriate salaries. Rapidly fluctuating exchange rates and inflation can increase or decrease the amount of salary paid, and significantly impact purchasing power both positively and negatively in a very short period of time. The approach many organizations have taken is to convert a spendable percentage (typically 60%) of the expatriate's salary into the host country currency on a monthly basis and to provide non-cash benefits such as accommodation, transport, education of children etc. This can result in employers paying too much or too little salary in these volatile times.

1/28/2009 9:37:12 AM

Many business leaders and managers get frustrated when things don't go as planned. It hurts when you have worked every hour and you have usually been the last one to leave the building. On the other hand, it also hurts because you usually have one or two real die-hards who commit to helping you every step of the way, and you want to achieve so much for them as well as for yourself and the business. It may also hurt because there always appears to be a few happier people when the poor results arrive; you know who they are, don't you?

1/28/2009 9:33:37 AM

Congress has hit the ground running in 2009 and is working hard to push forward an aggressive agenda. During its first week back in session, the U.S. House of Representatives rushed through two pieces of pay equity legislation: the Lilly Ledbetter Fair Pay Act of 2009 (H.R. 11) and the Paycheck Fairness Act (H.R. 12). The House passed similar measures during its previous session, but the proposed legislation lacked sufficient support in the Senate. Now, with better odds of clearing the Senate — and no threat of a Presidential veto — the bills are poised to become law in 2009. Both reform measures would make it easier for plaintiffs to prevail in pay discrimination claims against employers.

1/28/2009 9:33:34 AM

Everyone needs time away from work. Employers who provide time off benefits for their employees are showing them that they truly care for each employee's well-being. Having a work-life balance is hard to do, but when the employer has an established time away from work policy, such as vacation time, sick time and paid holidays, they are providing a way in which employee's can take that much needed break away from work.

1/28/2009 9:33:31 AM

The concept of management has changed greatly in the past few years. Employees of organizations today are seeking the softer, more loving kinds of leaders. Think of it this way: management styles today should be like a nice hot cup of hot chocolate, snuggled next to a fire with a good movie. Train your managers to be like this, or give me a call and we can discuss strategies. Servant leadership has this kind of warm, cozy feeling to it.

1/28/2009 9:33:26 AM

A group of business owners recently attended a workshop on doing business in a recession. The facilitator told them to cut costs, cut employee hours and raise prices. When it was all over, many participants asked themselves and each other, "Okay but --- how?'. As they talked about this, I could hear frustration in their voices. And could see fear on their faces. Or maybe I was projecting my own feelings - re-living some tough times of my own. Yes - I've had lots of experience - not with a recession quite like this - but with major budget crunches. Very challenging ones. Lots of perseverance needed. And creative problem solving. And teamwork. Resulting in lessons learned that I'd like to share here - hoping to help anyone hoping for help.

1/23/2009 3:10:02 PM

The true desire and intent of my writings is to help people and organizations solve dilemmas and challenges pose before them. Many of us do work from the perspective of take things one step at a time, one day at a time moment by moment. I am not saying this is bad or unhealthy, as I have found those whom take things a bit more at ease seem to be quite content, with a blood pressure of 117 over 70, which I guess for them could be quite ideal. However, in the real world success is difficult to reach if you never turn on those inner excel orators and prepare for the future. Like there is a lot to be said about history, likewise there is a lot to be said about the future. And so, futuristic thinking requires the somewhat overwhelming thought of all that has to get done and what it might be like ten years from now.

1/23/2009 3:05:13 PM

Vulgar or inappropriate language in the workplace is rising and along with it an increasing number of court filings and complaints to human resources departments and the Equal Employment Opportunity Commission (EEOC).If your company doesn’t have a specific language code, take steps to include one in your employee handbook, along with policies against sexual harassment and discrimination. The use of inappropriate language can cost your company in lawsuits — not to mention the bad image your firm can get if employees use profanity around customers and suppliers.

1/19/2009 3:16:23 PM

As the current economic crisis escalates and governmental plans to provide billions of dollars to intervene in the capital markets take shape, financial institutions and other businesses are being forced to restructure their operations through merger, acquisition or reductions in force. The tough economic climate will also, no doubt, lead companies to reassess their benefit plans and executive compensation packages. However, employers must evaluate their own responses to these developments to ensure that they are complying with legal requirements and proceeding cautiously. There are several, critical employment law issues that must be taken into account in any organization’s plan to address the new economic realities especially if reductions in force are a part of the organization’s strategy.

1/19/2009 3:16:16 PM

On October 7, 2008, the U.S. Department of Labor published final regulations, mandated by the Pension Protection Act of 2006, to implement the new statutory exemption for cross trades of securities involving large ERISA-governed employee benefit plans. The final regulations largely adopt the provisions of the interim rule published in February 2007.

1/19/2009 3:16:13 PM

The election of Barack Obama as President and the Democratic gains in Congress mean that employers face a new legislative, regulatory, and enforcement environment on labor and employment issues. Employers should use the transition period to the Obama administration to examine those issues that are most important in their workplaces and to develop strategies to prepare for this change.

1/19/2009 3:16:02 PM

On November 17, 2008, the U.S. Department of Labor published final regulations implementing the 2008 amendments to the Family and Medical Leave Act. Employers should act quickly to update their FMLA policies before these regulations take effect on January 16, 2009. Below is a summary of the most significant changes to the FMLA that will take effect early next year.

1/19/2009 3:15:45 PM

The United States Department of Labor has released final revised regulations implementing the Family and Medical Leave Act.  The revised regulations are over 750 pages in length and adopt most of the positions the DOL outlined in proposed regulations issued in February 2008.  The regulations become effective on January 16, 2009, 60 days from November 17, 2008, the date the regulations will be published in the Federal Register.

1/19/2009 3:15:42 PM

A recent decision provides some relief to employers over the troubling issue of intermittent leave mandated, in some circumstances, by the Family Medical Leave Act.The FMLA imposes extraordinary burdens on employers to accommodate eligible employees by providing intermittent, as opposed to regularly scheduled, leave. Intermittent leave is often difficult to schedule. It is also often inconvenient to the employer and the eligible employee’s co-workers, who may have to cover for the employee who is on leave.

1/19/2009 3:15:39 PM

Let's face it, there's a lot going on out there. Our economy is on the fritz and every news story tells us that one more multimillion dollar company needs a government bailout. Foreclosures are happening right and left. We have troops in harm's way, and Christmas is only a few short weeks away. And that's just the big picture! We haven't even mentioned your business and all the things that you need to keep up with on a daily basis. Here are 15 ways to keep yourself focused amid all the distraction. See what works for you!

1/16/2009 2:16:09 PM

Many business leaders and managers get frustrated when things don't go as planned. It hurts when you have worked every hour that god sends and you have usually been the last one to leave the building. On the other hand it also hurts because you usually have one or two real die-hards who commit to helping you every step of the way, and you want to achieve so much for them as well as for yourself and the business. It may also hurt because there always appears to be a few happier people when the poor results arrive, you know who they are, don't you?

1/16/2009 2:13:42 PM

I have read article after article regarding the importance of employee retention. I have also read in a recent survey the American Society of Training and Development that the following are ranked according to how the best companies measure performance; 1) Productivity Improvement, 2) Ability to Retain Essential Employees, 3) Quality of Products and Services, 4) Customer Satisfaction, 5) Employee Satisfaction, 6) Sales and Revenues, 7) Overall Profitability, 8) Cycle Time Reduction or Improvement and 9) other.

1/16/2009 12:26:47 PM

Everyone needs time away from work. Employers who provide time off benefits for their employees are showing them that they truly care for each employee's well-being. Having a work-life balance is hard to do, but when the employer has an established time away from work policy, such as vacation time, sick time and paid holidays, they are providing a way in which employee's can take that much needed break away from work. When employers provide paid time off for vacation, sick and holidays, morale and job satisfaction is higher. The time off, as outlined in your policy, can either be time accrued throughout the year or time off given at the beginning of the calendar or fiscal year. One benefit of providing accrued time off for employees is that the time is taken in a little more even and regular fashion versus the employees having all the time-off accruals in their PTO account at the beginning of the year, with the potential for using it up right away.

1/16/2009 12:25:00 PM

Learn how to develop your employees more effectively

1/16/2009 12:22:10 PM

Have your actions been matching your words? Have the employees in your organization been getting their work completed in the ways its desired values are written? If your answer is "no" to either of these questions, you and your organization are most likely experiencing performance issues and not reaching an optimal potential. Since values demonstrate "how" you do what you do, your daily decisions and actions portray your ways of being and doing. Values shape behaviors and help to ensure your vision comes to fruition with the most effective and efficient approaches. They answer the questions, "How do we get our work done around here?", or "How do I build a relationship with someone?", or "How do we function as a team or family?".

1/16/2009 12:22:05 PM

Your organization finally implemented an HRIS system that will allow multiple users on the system. This is great right? Absolutely! However, during the design and implementation process there was discussion about what kind of access the managers and supervisors would have in terms of their employees' information. It's a great idea to share pertinent HR information with your managers and supervisors.

1/12/2009 12:40:51 PM

What is HIPAA? The Department of Health and Human Services has developed a series of privacy regulations known collectively as the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). These regulations are designed to protect the privacy rights of individuals with regard to their confidential medical records. The act greatly restricts the dissemination and transmittal of personal patient information and dramatically affects the way healthcare information is handled.

1/12/2009 12:40:40 PM

There's a lot going on to make people nervous about the economy, their jobs and their futures. During difficult times, employers need to remember to communicate with their employees. The absolute worst thing employers can do at a time like this is to remain quiet. Uncertain times are just when companies should be communicating more--and putting their executives and leadership in visible positions, talking openly with employees.

1/12/2009 12:40:37 PM

On November 17, 2008, the U.S. Department of Labor published its long-awaited final regulations interpreting the Family and Medical Leave Act.  The new rules become effective in mere weeks - on January 16, 2009.  Serving as the first substantial changes to the regulations since the FMLA became law 15 years ago, the new regulations will significantly impact the manner in which employers administer the FMLA.  Although employers will be able to obtain more detailed and timely information from employees and their health care providers (and have access to additional weapons to combat FMLA leave abuse), employers also will take on a greater responsibility to notify employees of their rights under the Act.  Indeed, the new rules create a much greater administrative burden on employers than ever before. 

1/9/2009 2:46:51 PM

The human resources department traditionally spends a great deal of time developing written benefit information within the corporate communications structure. Most companies spent a great deal of resources on of general benefit information as well as summaries of health insurance or deductions are printed at the bottom of employee paychecks. Since the role of the HR department has evolved since the 1990s, when the department began to change its role in the workplace, employee benefit communication can be conducted in a number of different ways. The point of solid corporate communications strategies is to make sure that you are providing your employees with as much information as possible to be completely effective at their daily jobs.

1/7/2009 11:46:02 AM

Besides fines and angry employees, you also want to avoid penalties placed by the government because of mistakes made on your payroll taxes. Unless you outsource your payroll to a payroll service, like a professional employment organization or hire a properly trained payroll person to do your payroll and payroll taxes there are bound to be a couple mistakes. Here are five things you can do to avoid payroll mistakes.

1/7/2009 11:28:18 AM

Productivity is an important element in the success of any business. However, it is truly surprising how little emphasis is placed on this very important aspect. Many people consider a focus on productivity to be a task that is undertaken in times of economic downturn. This is an absolutely incorrect assumption as productivity is not a tool to avoid business closure but a tool to boosts profits. If you want to aims at freeing your time for focusing on developing new products/services and devising strategies to beat the competition - all with the same resources at hand - then read on for five handy tips.

1/7/2009 11:26:22 AM

Apathy and complacency can spread through an organization, like the plague. It is easy to catch if employees are not motivated to work. Take the initiative to spring ahead with fresh action steps that will increase your employees' motivation levels, and yours. Although, you must realize that no one can motivate another person except for the person who is to be motivated. Motivation is an inside job. However, there are ways to create environments that are motivating, which will empower personal and professional initiative-taking.

1/7/2009 8:55:10 AM

Providing health insurance is a great benefit your organization offers employees, but it is not the only benefit employees are looking for when contemplating different employment options. There are other insurance benefits such as dental, vision, life insurance, short-term disability insurance, and long-term disability insurance. There are also 401(k) and other retirement plans that benefit employees. And, vacation time is a great benefit to employees, too.

1/7/2009 8:53:42 AM

The Department of Homeland Security has issued a Supplemental Final Rule for its “no-match” rule, which requires employers to resolve discrepancies between employee Social Security numbers and Social Security Administration records. The 100-page Supplemental Final Rule, released on October 23, essentially reiterates the substantive requirements of the Final Rule issued in 2007.

1/7/2009 8:52:03 AM

Just about every industry and employer is feeling the crunch of the dwindling economy, and knows that they will have to lay off employees, if they haven't already. A new Watson Wyatt study shows that 26 said they already have laid off, and 25 percent stated they would have a hiring freeze over the next 12 months. With this many companies already planning on job cuts and downsizing, its probably safe to assume that those numbers will increase. The most important thing to remember is that whenever you do make those cuts, its going to be a very difficult time for your employees. Helping them be prepared will make things go much more smooth.

1/7/2009 8:51:50 AM

Leaders are made, not born. You become a leader in your business in the world around you by practicing the qualities, attributes and behaviors of leaders who have gone before you. Like any set of skills, leadership is developed by practice, perseverance and repetition, over and over again, until you master it without being weary. The Laws of Leadership have been identified and discussed over and over throughout the centuries. They are taught in military schools, colleges and education institutions. They are taught in business schools and practiced every day in the businesses and organizations of our society. These laws and principles are followed by men and women everywhere who emerge to assume positions of power and authority whenever the situations demand it.

1/7/2009 8:51:07 AM

I have read article after article regarding the importance of employee retention. I have also read in a recent survey the American Society of Training and Development that the following are ranked according to how the best companies measure performance; 1) Productivity Improvement, 2) Ability to Retain Essential Employees, 3) Quality of Products and Services, 4) Customer Satisfaction, 5) Employee Satisfaction, 6) Sales and Revenues, 7) Overall Profitability, 8) Cycle Time Reduction or Improvement and 9) other.

1/7/2009 8:48:43 AM

Have you ever thought about how your attitude affects… Personality, work performance, career success, and teamwork? Your employees, customers, relationships and work environment? Bottom-line results? It all starts with attitude! A positive attitude is a priceless possession for personal fulfillment, career success and essential for creating a positive workplace. What is the first thing you remember about someone you meet? Chances are it's their attitude! Let's face it… no one can be positive all of the time! Events, circumstances, and messages - both positive and negative - can affect your attitude. What we do know is that a positive attitude makes problem solving easier and the more you expect from a situation, the more success you will achieve.

12/22/2008 2:55:09 PM

When it comes to retaining personnel records of any sort, some people may panic as it can be very overwhelming trying to decipher the different records retention requirements. The best way to go about ensuring that your organization is compliant with the state and federal record retention requirements is to develop a policy surrounding personnel records retention. Even though there may be some rules and regulations surrounding how long you must legally retain staff records, particularly after an employee terminates, a good rule of thumb is to follow the state's statute of limitations on contract, fraud, and/or tort claims. In most states, this time will not usually exceed seven years. This is a good timeframe to follow even though some of the federal regulations stipulate three years for keeping personnel records.

12/18/2008 2:21:47 PM

Unemployment benefits are designed to help people cope with the transition between jobs by providing temporary financial help to qualified individuals, based on their previous earnings, while they are looking for other work. Unemployment insurance replaces part of the income you lose when you become unemployed, and is available to workers who are out of work through no fault of their own. Unemployment insurance softens the impact job losses have on communities by maintaining the purchasing power in the area where workers live. The money for benefits comes from a tax imposed on employers. The four steps listed below will help you successfully file a claim for unemployment benefits.

12/18/2008 12:43:43 PM

My whole philosophy about fun in the world of business, and in relation to the executive, management, and professional audience is this: If you don't enjoy what you're doing, is it worth doing? Because the higher up you go, the easier it is to think that you have to get more "serious" about the work you do. Well, you were "serious" about it when you were lower down the totem pole, weren't you? And you were still having fun then. A lot of this has to do with responsibility. As we add on more, we often feel as though "fun" becomes responsibility's polar opposite. And it even starts at an early age. When we teach our children about responsibility, it's often a very serious thing, and rarely connected with having fun. Seriously. When's the last time you ever heard of a kid's board game with "Responsibility" in the title?

12/18/2008 11:39:16 AM

For those who are responsible for Human Resources, you know what I am talking about, for those of you that have not ever had the "pleasure" of Human Resource work, please allow me to explain. Your HR manager plays a vital role in your business. I-9's, Social Security issues, Workers Compensation benefits, these are just a few of the responsibilities in which they are held accountable. However, in many small and medium sized businesses, the HR person usually wears more than one hat. They are often also the accounting department, office manager, or owner. As we all know, wearing multiple hats can lead to a lack of attending to the "less" urgent matters (i.e. HR) Human Resources is a highly organized, carefully documented, area of expertise.

12/16/2008 4:04:19 PM

Get tips on how to land your dream job. Are you a young professional looking to quickly snag the position you want – complete with the pay you desire? And how about excellent benefits and an outstanding boss who is committed to your professional growth at a successful organization? Before you hit delete because this sounds like a fairy tale, consider this: If I can have the life I want at 30, so can you. Here’s how.

12/9/2008 2:52:41 PM

I recently came back from a 10 day trip from Japan and really had a great time with my family. It was really difficult to just let go of work but I felt that being able to let go and take a break is just as important as working hard. For the first 7 days of the trip, it was basically a guided tour. At the end of it, we had to give tips to the bus driver and tour guide. However, as I reflected on the whole tipping process, I believe that there are 2 lessons we can draw and apply in our workplace. Here are the following powerful techniques on motivating your staff to work hard and get results!

12/2/2008 9:09:49 AM

This being a presidential election year, the topic of the "right" of political expression in the workplace is of particular interest. Moreover, given that this year represents the first real opportunity for the election of an African American for president or a woman as vice president, there are particularly strong feelings among the electorate, including employees. As the campaign season continues and moves toward the general election, many employers are reexamining their rights and policies with respect to political activities in the workplace.

12/2/2008 9:08:56 AM

Although the Health Insurance Portability and Accountability Act (HIPAA) became law in 1996, Title II, which contains the Privacy Rule, did not take effect until April 14, 2003. The Privacy Rule establishes regulations for the use and disclosure of Protected Health Information (PHI), which generally includes any part of a patient's medical record. However, the HIPAA Privacy Rule applies only to "covered entities," defined as a health plan, a health care clearinghouse, or a health care provider. Importantly, the definition of "covered entities" does not include employers unless the employer is the administrator of a group health plan.

12/2/2008 9:08:51 AM

Corporate Team building is beneficial not only in improving the work environment but also glorifies the personal life and personality of a person. Decision making, enhancement in communication skills and self confidence are some important factors that help in minimizing stress and refreshing ones ability to think and adjust to the surroundings. People in every workplace talk about team building activities ideas, but only a few understand how to develop and work as an effective team. Thus it is very important to organize team building events exercises workshops at regular intervals. Working as a team is a feeling that makes you realize your importance as a team member and gives you a feeling of being something larger than yourself. And this feeling in turn leads to the better understanding of company's goals and objectives. Corporate drumming can be a good team building exercise to inspire and motivate teams of people.

12/2/2008 9:02:50 AM

The United States constitution takes protection of workers very seriously. Thus, any violation of labor law is also dealt with in court. The labor laws cover a variety of workers' rights, and it would be best to familiarize yourself with them whether you are starting your own business and employing your own people, or you are an employee looking for a job. One of the most frequent violations of labor law is the right to equal pay. The Equal Pay act protects this right. This Act was passed in 1963 aiming to address the wide disparity of wages between and women at that time. In addition, at that time, it was usually used in conjunction with the right of women from being discriminated in the workplace. In reality, this law may not only be useful for women but also for virtually anyone in the workplace, even male employees.

11/25/2008 1:57:00 PM

Performance management and employee training done badly can cause misery, failure and frustration for everyone concerned. Done well it can create a culture of accomplishment and skyrocket an organization's success. It can make or break a career too! Are you looking for some key tips to guide you in tackling this crucial area? Here are eight to get you started...

11/24/2008 10:55:50 AM

Training needs at work are overlooked believe almost 50% of employees and 33% would like to use the extra day in the leap year for training, according to a recent survey. The Learning and Skills Council (LSC) questioned over 1,000 employees to ask what they would most like to use the extra working day for, with training coming top. A Way To Get A Pay Rise... LSC's previous survey has shown that employees can increase their salary by $4,000 to $6,000 per year by getting the right training. Employers overlook training because: 1. Everyone is too busy and can't find the time for Training and Development 2. During hard times the Training and Development budget is slashed.

11/24/2008 10:52:40 AM

It looks very simple, right? "Do unto others as you would have them do unto you." The Golden Rule seems so undisputed that it might be a panacea for every relationship. Simply behave toward everyone the way you would like to be handled and all will run easily, yes?

11/21/2008 1:09:21 PM

Most small business owners are very focused on motivating their employees to achieve high performance levels. But is it really possible to motivate employees? In this article, I will highlight the keys to motivating employees that are well know to successful business owners, but seem to be hidden from most, such as those who complain, "You just can't get good people these days." My response to them is that they are looking in the wrong direction for the cause of the problem. While the concept of motivating employees may be problematic, it is certainly possible to demotivate employees. Many business owners actually create demotivation by creating a work environment that kills motivation instead of enhancing it.

11/21/2008 12:40:50 PM

What are Generation Gaps? Is corporate America the same now as it was 20 years ago? No. Is what you believed 10 years ago the same as what you believe today? Probably not. Or consider someone who is 20 years old today. Does he or she have different perceptions than someone currently in their 60s? Most likely, yes. These differences in attitudes, values, beliefs and even ways of working together and communicating are referred to as "generation gaps." Generational differences can lead to misunderstandings and conflict in the workplace.

11/21/2008 11:38:27 AM

No news is definitely not good news from an employee communications perspective. Uncertainty caused by lack of effective internal communications can cause staff to be less productive. It can also cause high performing employees to jump ship. Low morale within remaining staff can impact customer interactions and damage brand identity. In an increasingly competitive marketplace, effective employee communications plays a critical role.

11/17/2008 10:10:19 AM

Why the sudden interest in incorporating walking into the workplace? Walking has been shown clinically to prevent or mitigate the nation's leading diseases including Type 2 diabetes, heart disease and even some forms of cancer. It has been shown as an effective measure in promoting weight loss, disease prevention, improving mental and physical health and significantly decreasing the need for medical care. Shackled to desks, most Americans walk much less than the minimum recommended guidelines of 10,000 steps a day set by the Surgeon General (achievable in 3 hours at a treadmill desk). As a result we have an overweight population with all of the related health concerns and a $100 billion annual health care cost attributable to issues of obesity.

11/14/2008 10:35:36 AM

Hold on now HR people, we’re not talking about hugs and kisses.  No sexual harassment and hostile work environment situations. However, my thoughts with this kind of retention strategy hover a bit above the notion of love and caring for employees. In my opinion, it is in fact, a greater retention tool than money, bonuses, gifts, cards, letters or any other form of corporate concept to address high turnover. Not to say that those items don’t contribute in a positive manner to the workforce, they just can’t do it alone. What is it that your employee’s are asking you to do? 

11/14/2008 10:31:55 AM

Not anymore.With nearly 48% of our waking hours spent at work, coupled with America's ranking as the world's fattest nation, corporate wellness is not just a fluffy HR benefit - it's a business necessity that has far-reaching implications for corporations, their employees and society as a whole. Few will debate the profound effect a wellness program can have on the bottom-line-both literally and figuratively. It's a no-brainer for most employers: healthy employees add up to a happier, more productive workforce, resulting in lower health claims and decreased costs for employers, and a subsequent ROI on wellness programs. The real challenge is implementation and employee participation.

11/14/2008 8:49:04 AM

When you invest in new staff, you want to make the wisest decisions possible. It is in your best interest to make sure that the decision you make is made on an informed basis which has been brought about by the training you have received for recruitment interviewing skills. It is time well spent reviewing resumes and conducting informative interviews to make sure you hire the best people for the job. When you hire the right people to begin with, you will save yourself a substantial amount of time hiring and training replacement staff down the road. The more skillful you become at recruitment interviewing skills the easier you will make the recruitment and management process.

11/14/2008 8:44:53 AM

Try not to panic if this happens to you first and foremost! Unfortunately, in these economic times the number of people facing this dilemma of becoming unemployed is continuing to grow significantly. This seems to be the current climate due to the condition of our American economy. We are seeing record numbers of individuals in both blue collar and white collar jobs heading for the unemployment lines. You ask what should you do if you anticipate being layed off of maybe you have received your notice of termination from your employer? You may want to consider some of these tips before you leave your employer...

11/7/2008 12:59:55 PM

The global and American economy are in bad shape right now, just about every asset class you invest your retirement superannuation fund into are getting smashed! Ask yourself these questions? Will you retire in 5 years or 30 years? Are you investing for the short or long term? Do you need one or multiple retirement plans? Will you use one or diversify into multiple asset classes? What investment experience do you have? Do you need a financial advisor or professional help? Can you make enough money given your time frame to retirement? The following 5 reasons to rollover a 401k to an IRA may help you answer these questions.

11/7/2008 12:58:43 PM

There's a relatively new trend in business that is making more and more sense with each passing day. Telecommuting wasn't really possible as little as five years ago, but with technological advances, it's almost negligent to not at least explore the idea for your company. If you do have employees that telecommute, or are thinking about creating such a program, there are things you can do to ensure success.

11/4/2008 2:51:33 PM

With contract employment on the rise, an increasing number of businesses are hiring specialized workers on a contingent basis in order to help with completion of a project, or to fill in for an absent employee. These contract assignments can last anywhere from weeks to years at a time. By hiring these contract workers, companies enjoy the benefits of hiring a team of qualified professionals on an as-needed basis, maintaing a flexible workforce and, in many cases, helping their bottom line. While bringing in contract employees can provide businesses with some much-needed relief during projects or busy seasons, it can also raise confusion when it comes to classifying them for tax purposes. IRS fines and penalties for incorrectly classifying employees are steep, but can be avoided by knowing the differences between employee classifications.

11/4/2008 2:48:50 PM

Today more and more people are opening their eyes to the importance of background check. It has become in demand nowadays. All the time we see crimes being committed, people are being attacked, women and children violated and homes ransacked by robbers and you ask your self how can I be protected? Before if you want to do a background check on an individual you have to go to court houses, federal agencies, government offices and even the library to look for leads that will tell you about the person you are searching for. This task is made harder by the fact that each state holds its own records of criminal and other violations.

11/4/2008 2:48:06 PM

Cash continues to be the most used form of employee motivation while merchandise and travel come in second and third, respectively. It should be asked whether or not these are ordered based on effectiveness in the workplace. Some companies believe whole-heartedly in their incentive programs and other companies do not believe in giving rewards at all. In all probability, the way to motivate an employee is going to be different in each situation and with each employee. But overall, what method of motivation seems to work best?

11/4/2008 2:45:52 PM

When times become uncertain and the economic forecast is bleak, people lose faith in themselves, ultimately affecting their image. In today's business environment, with companies reducing work forces, and mergers or acquisitions occurring weekly, it has become even clearer that to stay at the top you need to project a great image. To remain highly competitive in today's job market, whether you are intent on keeping your current position or hoping for a career move up the corporate ladder, it's critical that you evaluate your attitude and your involvement in helping your organization achieve great long-term results. In this article I've shared a few tips with you to help you stay in everyone's mind at your company so that when the economy turns around and they need someone in a higher position, you are the one that quickly comes to their minds!

11/4/2008 2:42:11 PM

Just about every industry and employer is feeling the crunch of the dwindling economy, and knows that they will have to lay off employees, if they haven't already. A new Watson Wyatt study shows that 26 said they already have laid off, and 25% stated they would have a hiring freeze over the next 12 months. With this many companies already planning on job cuts and downsizing, its probably safe to assume that those numbers will increase. The most important thing to remember is that whenever you do make those cuts, its going to be a very difficult time for your employees. Helping them be prepared will make things go much more smooth.

10/30/2008 12:36:21 PM

Everyone complains about work. They complain to their wives, husbands, and friends. With every passing day, however, more and more of these complaints are making their way from the bedroom to the boardroom. In fact, the number of official work-related complaints and allegations are on the rise. "There has been an increase in complaints due to a misperception of what employment law really is," says Patricia C. Perez, SPHR, Attorney at Law. "I think there has been an increase in claims because there has been a shift in our population's perception of fairness at work." Perez, founder and CEO of Puente International Consulting located in San Diego, California, combines her legal expertise and human relations background to offer clients a number of practical business solutions. These solutions include creating human relations departments, providing HR training, mediating employee disputes, and conducting internal workplace investigations.

10/30/2008 12:34:20 PM

The Consumer Product Safety Improvement Act of 2008, recently signed into law by President Bush, provides a new cause of action for “whistleblowers” who engage in protected activity related to defective products.Although the legislation was prompted by last year’s high-profile recalls of toys and other children’s products, its protections apply far beyond manufacturing, and far beyond the toy and children’s product industries. Employers covered by the CPSIA include not only manufacturers, but also private labelers, distributors, and retailers. And “protected activity” encompasses the CPSIA as well as any other Act enforced by the Consumer Product Safety Commission, and any order, rule, regulation, or standard under any such Act.The whistleblower protection provisions (Section 219 of the CPSIA), will be enforced by the Department of Labor, Occupational Safety & Health Administration. The whistleblower protection provisions of the CPSIA went into effect on August 14, 2008, the day the Act was signed into law.

10/29/2008 9:43:51 AM

Politics is always a touchy subject, and if any conversation about politics should ever be started, there is no end to the torturous paths it may take. However, there is an aspect of politics that should interest us very much, and that is about the specific laws that are passed and how they affect us. Any laws that pass are meant to affect us in one way or another. Whether they are increasing taxes, lower wages or influence our rights, there is always something that will submit us to some changes. Because of this you should always be aware of the content of any law and what will be changes in your life because of it. Let's talk about one of the bills that are meant to influence employees and employers in America. The Employee Free Choice Act is something that can alter the employment system in America significantly. This is something you should know about and what aspects are included in it, how they could help or harm you or how they can influence your activities.

10/28/2008 11:30:56 AM

In today's shaky economy, it's more important than ever for businesses to hold on to valuable employees. According to a recent Maritz® Poll, the cost of employee turnover may be as much as one and a half times an employee's first year salary. With so much at stake, employers are looking for more innovative ways to reduce employee turnover. And while salary and benefits are often deciding factors in the job market, a good employee recognition program can go a long way toward showing employees how important they are to your company.

10/28/2008 11:28:50 AM

Getting a job is a sale and requires the skills of a top sales person. Unfortunately most people never learned how to sell, even most sales people. To complicate the matter further this sale is about you, which is very emotional. The good news is that your product knowledge is second to none. So to make the sale of yourself happen faster follow these strategies, tactics, techniques, reasoning's and examples and you'll land the job of your dreams 1 - Sell Yourself To You First.Become Confident.

10/28/2008 11:27:01 AM

What Are Pre-Hire Assessments? Pre-hire assessments are, often, equated with risk management programs. This is because poor, timeworn hiring practices can cripple even the best organizations. A good hiring process can bring several key benefits. This includes engineering effective individual and collective performance to establish an organization's competitive advantage. The economic downside to bad hiring is that it could lose millions of dollars for an organization due to wasted effort, low productivity and excess administrative costs. Take the real life example of most Asian call centers that are known to conduct pre-hire assessments on a large scale. Certain call center companies test for abilities such as language proficiency, multitasking and responsiveness. The ability to handle stress is also checked. Random hiring practices are also prevalent as there are several companies that hire job seekers based on handwriting analysis too.

10/28/2008 11:20:35 AM

Recently our staff was asked if children with Attention Deficit Hyperactivity Disorder were protected under the American with Disabilities Act of 1990. This parent wrote that if in fact Attention Deficit Hyperactivity Disorder was included in the Disabilities Act, her child was being discriminated against by his school. Parents want the very best for their children. And people tend to want everything that they feel that they are entitled to from the government. But sometimes we can expect too much from our public agencies, and sometimes we look in the wrong places for help. The answer to this question is somewhat long and complicated. So we will begin with writing that while someone with Attention Deficit Hyperactivity Disorder may qualify for protection under the Americans with Disabilities Act, not everyone with the diagnosis of Attention Deficit Hyperactivity Disorder will qualify. And that may include you or your child.

10/28/2008 10:31:59 AM

A domestic (household) worker such as a maid, sitter, health care provider, or gardener is generally considered an employee of the homeowner if the homeowner can control how the work is done. Whether the worker is full or part-time and how the worker is paid have little determination on whether the worker is an employee or independent contractor. Domestic employers are required to withhold and pay FICA tax on wages of $1,600 or more per year per employee ($1,700 in 2009).  However, they are not required to withhold federal income tax unless the employee requests that taxes be withheld.  If the employee does request withholding, the employee must complete Form W-4 so that the employer can determine how much tax to withhold.

10/27/2008 9:23:42 AM

President George W. Bush signed into law a measure (S. 3406) that significantly amends the Americans with Disabilities Act. Ironically, the original ADA was signed in 1991 by his father, former President George H.W. Bush. The ADA Amendments Act of 2008, which was negotiated by business groups and the disability and civil rights communities, together with its principal congressional sponsors, passed the Senate by unanimous consent on September 11, and it was approved by voice vote in the House on September 17.

10/27/2008 9:07:38 AM

Employers looking to reduce the costs of offering group health care to their workers are quite happy with HRAs, as they offer a lot of advantages, not the least of which is they aren't like a plan and don't have the same level of intense management other health care plans do. Another feature employers seem to like is the ability to place caps on the amount of money they are willing to pay out for employee's health care expenses. The system is fairly easy to administer, just post notices in the workplace letting people know what is available, have them sign up and they're in business. The only thing employees need to know is what categories the employer will pay in and the amounts. HRAs are portable which makes employees happy, but they might not like the caps employers put on them. However the simplicity of just submitting receipts after paying for medical services using pre-taxed dollars is pretty enticing overall.

10/24/2008 11:25:45 AM

The following are basic procedures for maintaining Federal and State payroll legislation. Following these procedures will help to sure that you stay on track correctly with your payroll obligations. Failure to comply with these laws can result in severe consequences. Obtain your Federal Employee Identification Number or EIN. This allows you to hire and pay your employees and registers them for tax levies and deductions. Use the W-4 form available on the IRS web site to calculate the payroll for your employees correctly. The IRS requires a W-4 for all new employees for the marital status and the number of tax allowances claimed. Based on the number of allowances claimed, employers can determine the amount of federal income tax to withhold. This can be revised at any time that an employee marries or has a child.

10/24/2008 10:30:49 AM

What is I-9 Form? I-9 form or Employment Eligibility Verification Form is a drafted file that has to be furnished by the employer, if he/she is hiring a new employee. This serves as a legal document mandated for the employees approval and to ascertain their entitlement to work legally in United States. An I-9 form must be completed for every person your firm hires to perform labor or services, in return for wages or remuneration (including food and lodging).Also, adhering to the mandatory requirement of Form 1-9, enables employers to easily conduct legal "right to work" form I-9 employment verification, on new employees. The I-9 form verification helps you to properly scrutinize the candidate's status about his legal permission to work in United States. Any non-complying company, employing illegal immigrants or people who have not been entitled to work in U.S, may have to face sever legal and financial consequences as imposed by the Department of Homeland Security.

10/24/2008 10:28:54 AM

Dude, where's my bailout? A few weeks ago, Harvard Business School mounted its own emergency rescue mission on Wall Street. In the school's first intervention on behalf of newly minted graduates, 7 Harvard career coaches flew to New York to huddle with 18 members of the Class of 2008 who had taken jobs at troubled firms like Lehman Brothers and Merrill Lynch. At last word, most were still working, but didn't know what the next days or weeks would bring. The ranks of passive job seekers are growing as workers decide now is not the time to look for a new job. There are 9.5 million people out of work and prospects for rising unemployment are expected to continue into 2009. So what's up with the growing number of job seekers who have decided now is not the time to look for a new job?

10/20/2008 9:48:14 AM

Alcoholism and substance abuse is a very common work related problem that human resource managers have had to encounter and solve. Reliable surveys reveals that at least fifty percent of alcoholics are women, twenty five percent of them being white collar workers , forty five percent being in senior management positions while thirty seven percent happens to be fresh graduates after receiving their first paycheck. When effects of alcohol and substance abuse on workers and work are severe, both the quantity and the quality of work decline radically.

10/20/2008 9:45:24 AM

I've worked with a large number of One-Stop or workforce development agencies across the State of California. As part of the technical assistance and training we provide, I often engage staff in a conversation around the agency's Reasonable Accommodation Policy. I'm often surprised at the number of staff that are either unaware of whether they actually have a policy (all should) or what exactly the policy says. I say that all should because it is a requirement under Workforce Investment Act (WIA) Section 188 as well as other disability-related laws that apply to federally funded programs. If you're unsure if you need a policy, a good question to answer is whether or not your agency or business is required to provide reasonable accommodations under the American's with Disabilities Act or the Fair Employment Housing Act (CA Only). If you are, then you should have a policy, and this applies to you.

10/17/2008 11:33:46 AM

When we talk about an organization or business, we mean two or more people working towards a common set of goals. Sometimes, the development of a business may reach a point of stagnation due to bigger challenges facing the organization. In such a case, the organization generally undertakes a process of change that includes a series of steps to bring about improvements. This process is known as organizational development. Over the years, organizational development has come to be recognized as a business discipline in itself and is part of the course curriculum in major business schools across the world.

10/17/2008 11:31:25 AM

As a general rule, managers are apprehensive about having to give performance appraisals to their subordinates. And no wonder. It involves an uncomfortable face-to-face interaction with an employee, who might be performing below his capabilities. In addition, most managers are united in their emphasis that paperwork and standardized forms don't really give a true picture of an employee's worth for the simple reason that there isn't just ONE type of employee in the company.

10/17/2008 11:29:24 AM

General orientation.  Do those words make you shudder?  Most workers go through so much of this stuff that it is simply agonizing just to hear the words "general orientation."  Some companies spend more than one day conducting orientation classes.  Other companies spend little or no time at all in this area.  It can be painful, or it can be one of the best days one can have at work.

10/15/2008 8:19:40 AM

There are certain forms of workplace discrimination that are not allowed in the United States under the Employment Law. The employer must be discriminating on the basis of a protected category in order for the discrimination to be considered illegal.Such forms of illegal discrimination protected under the area of Federal Equal Employment Opportunity (EEO) Laws include age, gender, race, sexual orientation...

10/15/2008 8:18:58 AM

In Desmond v. Mukasey, 07-5139 (D.C. Cir. July 1, 2008), the U.S. Court of Appeals for the District of Columbia Circuit held that sleeping is a major life activity for the purposes of the Rehabilitation Act of 1973. The act prohibits federal agencies from discriminating in employment on the basis of disability, defined in part as an impairment which substantially limits one or more “major life activities.” Under the Code of Federal Regulations, major life activities mean functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing and learning.

10/8/2008 2:45:05 PM

California is known as one of the most difficult places to enforce a noncompete agreement. The California Supreme Court’s recent decision in Edwards v. Arthur Andersen LLP reinforces that reputation. Though Edwards interprets California noncompete law, it carries repercussions for employers outside of California.

10/8/2008 2:44:46 PM

In a highly contested case, the Supreme Court of the United States, in Chamber of Commerce v. Brown, recently addressed the issue of whether a state could enact a statute that restricted employer speech during a union organizing campaign. The California statute at issue in Brown was passed in an effort to undermine the effectiveness of employer opposition in response to union organizing campaigns.

10/8/2008 1:45:04 PM

In a sweeping display of bipartisan support, the Senate and the House of Representatives have passed the ADA Amendments Act of 2008. The Senate approved the bill (S. 3406) by unanimous consent on September 11th, and the House, which passed a similar measure (H.R. 3195) by a vote of 402-17 in June 2008, approved the Senate’s version of the bill less than a week later. President George W. Bush is expected to sign the ADAAA into law within the next few weeks. Once signed by the President, the legislation is set to take effect on January 1, 2009.

10/8/2008 1:44:44 PM

Even though more and more people are realizing that they need health insurance many are apprehensive about getting a health insurance plan for them. This is because there are too many choices that leads to confusion as to which plan will serve the health needs of them and their family. By learning some basics about health insurance, one can easily get a health insurance plan that is right for their needs. ost of the health insurance plans are got by going through the employer. These days most companies provide health insurance to its employees through a group plan. As most of the employees will be covered through a group, the premium for health insurance comes down. Many of these plans are designed not only to cover the employee but also the family members of the employee. Although this increases the premium paid out, the plan covers the entire family thereby increasing the benefits of the plan. To go by this route through the employer, one needs to check with the department of human resources in the company and check the policy of the company towards health insurance. Every employee should be able to begin an individual health insurance plan through the group scheme at any point of time during the tenure with the company.

10/8/2008 7:34:32 AM

Employees are the most important element of every business. Their contributions play a significant role in determining the success of any organization. Companies with a medium or large scale employee base rely on employee management systems to manage and utilize their workforce to the maximum advantage. Outsourcing employee management services is becoming an increasingly popular and sought after option for many companies around the globe.

10/8/2008 7:30:39 AM

I-9 form or Employment Eligibility Verification Form is a drafted file that has to be furnished by the employer, if he/she is hiring a new employee. This serves as a legal document mandated for the employees approval and to ascertain their entitlement to work legally in United States. 

10/8/2008 7:26:05 AM

In September of 2008, President Bush signed into law the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA” or the “Amendments”), which will become effective on January 1, 2009.  The ADAAA amends the Americans with Disabilities Act of 1990 (“ADA” or the “Act”) in an effort to expand protections to persons with disabilities in the workplace.  The Amendments create further burdens on employers and will probably increase the number of claims filed, but on a positive note, may  reduce confusion with respect to who is disabled under the ADA.

10/8/2008 7:25:48 AM

It's no surprise that when the economy takes a nose dive, people get extremely anxious about money. And what do we do in this country when we are low on cash? That's right, WE SUE! All of a sudden seemingly normal people start paying closer attention to all those lawyer ads on TV. After all, somebody must be responsible for this. Since most lawyers know that suing the government is a big waste of time (and money), who is the most logical choice? Why employers, of course.

10/3/2008 3:52:42 PM

All employers are always responsible for harassment by a supervisor that culminates in tangible employment actions. If the harassment did not lead to a tangible employment action, the employer is still liable unless it proves that reasonable care was exercised to prevent and promptly correct any harassment and that the employee unreasonably failed to complain to management. 

10/2/2008 4:05:24 PM

What is an exit interview? Exit interviews are individual meetings to question departing employees about their reason for leaving as well as their attitudes and observations about the company. These interviews are conducted in a variety of ways: the formal interview in which specific prepared questions are asked, a casual conversation interview, and the written questionnaire. As a general rule, written questionnaires are not effective because they do not allow for follow up questions and they do not protect against evasive or incomplete answers. The most successful exit interviews are those that follow a preplanned format, like the formal exit interview, and are conducted in a casual conversational manner. These types of exit interviews allow the employee to feel relaxed, thereby allowing the interviewer to elicit information about the employee's work experience and decision to leave.

9/23/2008 6:57:43 AM

For many of us, summer will always seem like the time to relax, be more casual, and, of course, take vacations. But transferring the spirit of summer to the workplace always raises a number of issues for employers. To find out more about these issues, including dress codes, use of mobile devices while on vacation, the impact of the economy on employee vacations, the use of summer interns and how to be more “green” this summer, read on.

9/22/2008 12:45:33 PM

With some exceptions, both hourly and non-exempt salaried employees are entitled to overtime pay at a rate of one and one-half the regular rate of pay for all hours actually worked over 40 in any given workweek.  In some instances, the “fluctuating workweek” method of calculating overtime may be applied to reduce the employer’s overtime pay obligation to one-half the regular rate of pay for overtime hours worked in excess of 40.  

9/3/2008 11:41:42 AM

In a decision that could lead to significant litigation cost savings for employers, the U.S. Court of Appeals for the 10th Circuit endorsed the fluctuating workweek method of calculating back pay awards for misclassified salaried employees in lawsuits arising under the Fair Labor Standards Act. In Clements v. Serco, Inc., 2008 U.S. App. LEXIS 13806 (10th Cir. July 1, 2008), the 10th Circuit held that the district court properly used the fluctuating workweek method to calculate a back pay award for unpaid overtime, rather than the alternative time-and-a-half formula, because the parties had a "clear mutual understanding" that the plaintiffs would be paid a fixed salary regardless of the number of hours they worked each workweek. In addition, the court joined the 1st and 4th Circuit Courts of Appeals in rejecting the proposition that the fluctuating workweek method applies only where the parties also had a "clear mutual understanding" as to how overtime pay would be calculated.

9/2/2008 7:10:33 AM

Any company can be targeted for a donning and doffing lawsuits as long as its employees wear uniforms or protective gear, or spend pre- or post-shift time performing a task like booting up a computer. This includes food processing companies, power plants, chemical manufacturers and call centers to name a few.

9/2/2008 7:10:20 AM

Executives tend to be well paid in corporate America.  In response, the media is debating whether these executives are really worth the amounts they are taking home.  And, since the answer to that question has dramatic tax consequences, the Internal Revenue Service is paying close attention to this debate. The income tax laws allow corporations to deduct "ordinary and necessary" expenses incurred in carrying on their businesses.  This includes compensation for services performed by stockholders and their family members, but only if the amounts paid are "reasonable" for the services performed. 

8/26/2008 8:49:00 AM

On August 25, 2008, certain newly created U.S. Department of Transportation drug and alcohol testing regulations will become effective. The new regulations amend or create new sections to 49 C.F.R. Part 40, and contain new or revised guidance on issues related to adulterated, substituted, diluted and invalid urine specimens.

8/26/2008 8:34:36 AM

Each of the seven steps can help litigators de-escalate the conflict inherent in litigation before all-important settlement negotiations, whether they are conducted with the assistance of a third party neutral or not. One or more of them might also help ease tension in the law firm -- a very tense place these days given the recession, lay-off's, the de-equitization of partners and the shedding of non-productive practice groups or of those that might conflict with the law firm your firm is about to merge with. 

8/26/2008 8:04:40 AM

In the closing days of its most recent term, the U.S. Supreme Court issued two decisions relating to the design and administration of employee benefit plans. The first, Metropolitan Life Insurance Company v. Glenn, addressed (without giving significant guidance) the question of whether a conflict of interest exists when a plan administrator who decides questions of eligibility for benefits is also the person responsible for paying any benefit claims, and the effect of such a conflict on a reviewing court's analysis. The second, Kentucky Retirement Systems v. EEOC, addressed the question of whether a pension plan's failure to increase benefits to disabled retirees once they reach normal retirement age (but continue working) violates the Age Discrimination in Employment Act.

8/21/2008 9:32:29 AM

On July 22, 2008, the Office of the General Counsel for the National Labor Relations Board issued General Counsel Memorandum GC 08-10 to all of the NLRB’s regional directors, officers in charge, and resident officers setting forth the General Counsel’s guidelines concerning the handling of unfair labor practice charges involving political advocacy.The memorandum was issued in response to the numerous ULP charges filed in late 2006 and beyond by employees disciplined after their participation in demonstrations protesting legislative proposals imposing greater restrictions and penalties on immigrant employees and their employers. The purpose of the memorandum is "to provide guidance to employees, unions, and employers in this important and developing area of the law." Specifically, the memorandum sets forth a framework for the NLRB regional directors and their personnel to review, consider and rely upon in the processing of all ULP charges involving political advocacy. The guidelines set forth within the memorandum are especially pertinent to employers in light of the upcoming presidential elections and the continued national debate on immigration reform.

8/21/2008 9:32:11 AM

The U.S. Department of Labor has clarified compensable work time under the Fair Labor Standards Act in regard to meal breaks, straight time and overtime. In an opinion letter dated May 15, 2008, the department reached the following conclusions:If an employee fails to take a 30-minute unpaid meal break and the failure to take a meal break does not cause the employee to work more than 40 hours in the workweek, no additional compensation is due to the employee if the employee's total wages for the workweek divided by the compensable hours worked equal or exceed the applicable minimum wage.

8/12/2008 7:24:52 AM

In Revenue Ruling 2008-29, the IRS has provided specific guidance on the proper amount of federal income tax an employer must withhold in nine different situations under the supplemental wage regulations1 that became effective January 1, 2007. Typically, states with income taxes default to following federal regulation principles for distinguishing between regular and supplemental wages. In addition to federal income tax withholdings, states also look for proper withholding on supplemental wages for state income tax purposes.

8/12/2008 7:16:02 AM

President George W. Bush signed an Executive Order requiring all federal government contractors to use E-Verify to confirm the employment authorization of new hires and persons assigned to perform work on future federal contracts.  E-Verify is the internet-based system operated by the Department of Homeland Security in partnership with the Social Security Administraion to electronically verify employment eligibility of newly hired employees.

8/8/2008 7:48:45 AM

The United States Seventh Circuit Court of Appeals recently concluded that an employee may rely on language contained in an employee handbook to support his claim for family and medical leave benefits regardless of the employee’s actual ineligibility for such benefits under the Family and Medical Leave Act.  This decision highlights the importance of a carefully drafted employee handbook, as well as proper attention to detail when determining whether an employee is eligible for various company benefits.  

8/8/2008 7:46:05 AM

Many businesses are feeling the pinch that comes with the current economic downturn.  In response, businesses are increasingly deciding to layoff employees.  As a human resources professional you must be aware of the federal law that places certain obligations upon companies laying off employees, the Worker Adjustment and Retraining Notification Act ("WARN"), 29 U.S.C. sections 2101 et seq. 

7/30/2008 11:19:40 AM

On April 15, 2008, Florida Governor Charlie Crist signed the Preservation and Protection of the Right to Keep and Bear Arms in Motor Vehicles Act of 2008. The act, which takes effect July 1, 2008, will impose significant restrictions on the ability of employers and businesses to prohibit and monitor the presence of firearms within automobiles owned by employees and customers on their property. The law is intended “to codify the longstanding legislative policy of the state that individual citizens have a constitutional right to keep and bear arms … and that these rights are not abrogated by virtue of a citizen becoming a customer, employee or invitee of a business entity.” The act’s approval comes less than a month after the United States Supreme Court heard argument in District of Columbia v. Heller, a case in which the Court is expected to analyze the issue of whether an individual citizen has a right to own a firearm under the Second Amendment of the United States Constitution.

7/30/2008 8:10:15 AM

Regardless of whether your state or municipality has enacted a hands-free device law to regulate the use of cell phones while driving a vehicle, your liability as an employer for the vehicular negligence of your employees has increased as a result of the invention of the cell phone.  This is because employees are more likely to be on business calls during off-duty hours, and while driving to and from work now that everyone over the age of ten has a cell phone.

7/30/2008 8:08:35 AM

The Internal Revenue Service now keeps a close eye on charities and social welfare organizations to ensure that their tax-exempt status is not abused.  One of the primary factors the IRS examines is the amounts of compensation and benefits provided by these tax-exempt organizations to their key employees. The IRS believes that some officers and other employees may be taking advantage of their influential positions by setting their own compensation at above-market levels.  The IRS has begun a wide-spread initiative to find those overpaid individuals.

7/10/2008 10:33:34 AM

Ruling that an employee cannot circumvent the federal Fair Labor Standards Act by pleading causes of action under state common law, the U.S. 4th Circuit Court of Appeals in Richmond rejected an attempt to invoke North Carolina state laws to obtain relief that is only available under the FLSA. Anderson, et al. v. Sara Lee Corp., et al., No. 05-1091 (4th Cir. Nov. 19, 2007). The court, which has appellate jurisdiction over Virginia, Maryland, North Carolina, South Carolina and West Virginia, affirmed a district court's dismissal of several state law claims and remanded the remaining state law claims to the lower court with instructions to dismiss them without prejudice, to give the plaintiffs an opportunity to pursue claims under the FLSA.

7/9/2008 1:28:37 PM

Title VII of the federal Civil Rights Act of 1964 prohibits employers from discriminating against employees based on race, color, religion, sex or national origin. Title VII also prohibits discrimination against employees who have opposed any practice that is an unlawful employment practice under Title VII, or who have made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing involving an alleged violation of Title VII. Employers typically know that they may not take adverse action based on their employees’ protected characteristics, and that it is impermissible to retaliate against employees based on their own protected activity. Two recent cases, however, demonstrate that Title VII also may provide an employee with the right to allege discrimination or retaliation based, not only on his or her own protected characteristics or activity, but on the employee’s association with another individual who comes within a protected classification or who has engaged in protected activity.

7/9/2008 1:27:30 PM

As reported in the Minneapolis Star Tribune on May 28, 2008, a group of Muslim workers allege they were fired by a Mission Foods tortilla factory for refusing to wear uniforms that they say were immodest by Islamic standards. Employers are reminded, by this example, of their obligation to reasonably accommodate religious beliefs and practices.

6/30/2008 1:10:07 PM

While promising to continue its strategy to increase raids and prosecutions of companies it claims have knowingly hired large numbers of unauthorized workers, U.S. Immigration and Customs Enforcement has signaled a plan to expand random and targeted audits of employers' I-9 forms that reflect the employers' federally required efforts to screen out unauthorized workers. This comes as pressures intensify on many fronts toward electronic employment verification.

6/30/2008 1:09:32 PM

On May 1, 2008, the House of Representatives, by a vote of 414-1, passed the Genetic Information Nondiscrimination Act, which prohibits discrimination on the basis of genetic information with respect to health insurance and employment. The Senate had previously approved the bill, with a 95-0 vote, on April 24, 2008. President Bush is expected to sign the bill within the next two weeks.

6/30/2008 1:09:02 PM

Tamara Klopfenstein was a part-time receptionist for National Sales & Supplies for six weeks. During her employment, two vice presidents regularly asked her to bring them coffee. Her job description did not reference coffee service. However, she was told in her job interview that her supervisors did expect her at times to get them coffee. The individuals who held the position of receptionist before Ms. Klopfenstein were required to do so, and they performed the task without objection.

6/30/2008 1:07:47 PM

Employers frequently experience the following scenario: Employee is suspected of wrongdoing. Employer investigates and decides to terminate Employee. At the eleventh hour, before he is fired, he claims that he is injured and disabled. He files a workers’ compensation claim. Employer wants to fire Employee, but is concerned about the appearance of discrimination and retaliation. Has the employee trapped the employer?

6/30/2008 1:06:36 PM

Summer is here and many teenagers will be hitting the workforce to earn a few extra dollars. Companies who hire teenagers should be aware that state and federal law restricts the use of minors or “child labor.” The laws apply to “minors.” The California Labor Code defines “minors” as people under the age of 18 who are required to attend school. The definition also includes people under age 18 who are not required to attend school because they are not California residents. The definition also covers any child under the age of six.

6/30/2008 1:05:08 PM

On May 15, 2008 the Department of Labor (“DOL”) issued an opinion in response to an inquiry concerning an employer’s break and meal policy under the Fair Labor Standards Act (“FLSA”). In addition to other areas of inquiry, the DOL responded to the question of what happens when an employee fails to take a meal break or other allotted break during the day. In some instances, the employee’s refusal to take the allotted break is in violation of a company policy stating that employees must take all such breaks during the work day. Issues raised by this problem include: whether the employee is entitled to additional straight time if the hours worked in a given workweek do not exceed 40; whether the employee is entitled to overtime if the hours exceed 40 in a given workweek despite the employee’s violation of company policy; and, what is the role of FLSA’s recordkeeping requirement for employers in such situations?

6/24/2008 8:15:45 AM

Although modern social networks such as MySpace.com, FaceBook.com, Orkutt, LinkedIn, and XING are enjoying a great deal of notoriety and success these days due to their popularity with--and wild embrace by--today's youth and the business community, their roots can be directly traced to Classmates.com and SixDegrees.com, both of which were formed in 1995 and 1997 respectively.  In other words, it took 13 years for modern social networks to finally reach their peak--become ascendant-instead of some spontaneous explosion in popularity.  Therefore, contrary to the idea that this is some sort of new Web 2.0 phenomena, this ascendant position most resembles the supernova stage of social networks and the beginning or emergence of a new phenomena. 

6/20/2008 3:04:02 PM

Fifty years ago, a sick or injured worker in a manufacturing plant did not have to leave work to get health care – the worker simply went to the plant clinic and saw the company doctor. Today, the idea of the company clinic is making a come back, but with a new emphasis on wellness and prevention.

6/18/2008 10:36:15 AM

An employer's existing shift-rotation system and voluntary shift-swappolicy alone may not constitute a reasonable accommodation for employeesasserting they are unable to work on certain days due to their religiousbeliefs, the U.S. District Court for the Western District of Pennsylvaniahas found in denying summary judgment for the employer under the federalCivil Rights Act of 1964.  EEOC v. Aldi, Inc., No. 06-01210(W.D. Pa. Mar. 28, 2008).

6/18/2008 10:34:08 AM

The economic woes dominating the headlines provide plenty of toughissues for employers. The federal Equal Employment Opportunity Commissionhas added one more item for concern – the level of discriminationcharges. Private-sector discrimination charge filings with the EEOCjumped 9 percent in the last fiscal year (2007), the largest annualincrease since the early 1990s. The total number of charges, just fewerthan 83,000, represents the largest number of charges filed since1992.

6/12/2008 9:53:58 AM

In some situations, FMLA leave may be requested in short increments of time such as partial day absences from work, reduced leave schedules, or absences from the work station in small increments of time.  When intermittent leave involves the serious medical condition of the employee or of an immediate family member of the employee, and the FMLA’s requirements are met, the employer may be required to honor such requests for intermittent leave.   

6/3/2008 7:52:14 AM

First a bit about Myers-Briggs; Myers-Briggs was developed after WWII to assist GI's returning to the workforce in their career search. Considered to be 85% reliable, it's become one of the most widely used and most trusted of all of the personality assessments. The ninety-three item self report instrument results in the taker being slotted into one of sixteen four letter type preferences.

5/28/2008 7:29:25 AM

Since the Department of Homeland Security's Immigration and Customs Enforcement arm has been conducting frequent public and aggressive investigations into illegal hiring at worksites, companies are paying a lot of attention to worksite issues.

5/21/2008 4:07:21 PM

On February 11, 2008, the Department of Labor issued much-anticipated proposed regulations impacting the Family and Medical Leave Act. These rules, which seek to clarify existing regulations, are open for public comment for a 60-day period.

5/14/2008 7:24:24 AM

On March 26, 2008, the United States Court of Appeals for the Sixth Circuit concluded that a staffing agency and an automotive design company could be combined for purposes of finding that the 50 employee requirement of the FMLA had been met.  The court applied the joint employer doctrine to hold that an automotive design company, which had no employees, and a staffing agency from which the automotive design company obtained its employees, had joint liability for violations of the FMLA.

5/7/2008 1:22:36 PM

As managers we’re constantly challenged on how to express ourselves diplomatically. This can be tricky when our thoughts are in conflict with others. How do we express disagreement without alienating colleagues? Learning some simple approaches and some phraseology can improve results in these situations.

5/5/2008 10:58:12 AM

Not all employment handbooks are created equally.  That handbook, which was originally created to help things run smoother, can also get you in trouble. Unfortunately, by the time you realize your handbook "has issues" you may be involved in litigation.

4/24/2008 2:48:28 PM

Sometimes, employee development may be dismissed as a luxury organizations are unable to afford. I'd like to suggest that the returns are much greater than the investment. In fact, it may be best to continue employee development as a strategy even in a difficult economic cycle. 

4/24/2008 8:39:44 AM

Employers need to begin considering seriously the impact of a potential major expansion of employee protections under the Americans with Disabilities Act that has over 240 co-sponsors in the House. See proposed ADA Restoration Act H.R.3195 and S.1881. The House Education and Labor Committee, House Judiciary Committee and the Senate Health, Education, Labor and Pension Committee already have held hearings and more are expected soon.

4/24/2008 8:21:21 AM

Virtual Organization Management exponentially accelerates the evolution of the Web by leaps and bounds. Although we're already in Web 3.0 stage---the processes and procedures tinkering stage---many of our colleagues are still talking Web 2.0--the social network stage. Nonetheless, regardless of which numeric [x.x] we attach at the end of the word "Web", we will never be able to truly tap into the FULL power and potential of the Web, which I call "Infinity", until we first understand and adopt the virtual organization management concept.

4/21/2008 9:31:05 AM

Studies have shown that regarding communication activities, humans use listening skills (45%) more than talking (30%) reading (16%) and writing (9%). So why does it seem that everyone talks so much!!!? Since our brain moves four times faster than our mouth the urge is to talk to attempt to keep up with the internal activity.  So temporarily stifling our brain waves to listen requires a considerable amount of self control.

4/14/2008 1:21:25 PM

In May of this year, 6,500 former soldiers in the Individual Ready Reserve received notices ordering them to report to an Army installation because they were being pulled back into the active duty. As the United States military commitments in Afghanistan and Iraq continue to remain great, employers are faced with tough decisions concerning their employees with National Guard and reserve responsibilities. “An increasing number of U.S. soldiers deployed in Iraq have gray mustaches, bald heads, and noticeable paunches as more reservists and National Guard units are being sent to war.” The ratio of active-duty Army and other elements - Reserves, National Guard and IRR - is now about 50-50. Whether a police officer, trucker, nurse, or pharmaceutical distributor, these individuals leave their everyday jobs to serve the United States through military service. “Once a soldier, always a soldier,” said Paul East, a long-haul trucker from Florida.

4/2/2008 12:04:03 PM

When management is able to make meaningful connections with their employees, it’s truly a beautiful thing. If the employees aren’t roiling over poor management, their comments in feedback sessions are free of stress, full of commitment to perform their job well and brimming with true job satisfaction. This can do nothing but create great results for the company and the employee. And that’s what it’s all about!

4/2/2008 12:03:04 PM

When I meet with employees to discuss their concerns the subject of pay sometimes comes up. I say sometimes because it appears if people perceive they are paid fairly, it's never an issue. However, if some inequities are present, it will come up, sometimes with a vengeance. While I've read scholarly works on how pay isn’t why people leave companies and that other factors are more important, my experience strongly suggests that pay may be in fact, the most keenly felt factor if it's neglected.

3/26/2008 9:51:30 AM

On January 28, 2008, President Bush signed the 2009 Defense Authorization Bill (Pub. L. 110-181) into law, which expands the Family and Medical Leave Act of 1993 to assist military members and their families. This expansion of the FMLA, the first changes to the law in the nearly 15 years since it was enacted, is likely to have a significant impact on employers covered by the FMLA as the military continues to deploy significant numbers of its men and women overseas, resulting in continuing casualties abroad and putting increasing stress on families of those service members at home.

3/25/2008 10:23:50 AM

Looking for ways to lower work comp costs? One way you, as an employer, can substantially reduce your workers compensation costs is by establishing an early return to work program. Employer vigilance in ensuring compliance with employment laws, specifically the Americans With Disabilities Act (ADA) will be imperative as a safeguard from potential litigation and exorbitant legal costs.

3/25/2008 10:22:44 AM

Not long ago, the topic of military leave barely registered on the radar screens of most employers. Then 9/11 happened. Since that time more than 420,000 citizen-soldiers have been mobilized. Nearly overnight, the Uniformed Service Employment and Reemployment Rights Act of 1994, better known as USERRA, moved to the forefront of employment law topics. With complaints under the Act by returning veterans up11% over last year, employers and their legal counsel need to become familiar with this often overlooked law.

3/25/2008 10:22:10 AM

The Director of Human Resources at a Texas based company with five thousand employees receives a bad performance review and subsequently resigns. Upon her departure it is discovered that she directed the IT Department to erase her entire hard drive - which they did, no questions asked. Her hard drive contained all allegations, complaints and subsequent responses made by the company for the past six years. Now the company's ability to successfully launch a Faragher/Ellerth defense in any of the complaints made in the last six years is severely compromised.A top manager in a New York based company has had shortfalls in his budget. The losses are small, a few hundred dollars here and there every few weeks. However, an audit reveals that these shortfalls have cumulated in over $200,000 in losses over the past three years. Upon investigation, it is discovered that employees under this manager have been told to hide money and compromise business policies in money handling.

3/20/2008 12:12:58 PM

The Age Discrimination in Employment Act of 1967 (ADEA) prohibits employers from discriminating against any individual with respect to "compensation, terms, conditions, or privileges or employment, because of such individual's age." Protected individuals include retired employees. Since the enactment of the Older Workers Benefit Protection Act of 1990 (OWBPA), this prohibition has extended to employer-provided medical benefits. In the past, many employers relied on legislative history to OWBPA which appeared to indicate that eliminating, reducing, or altering employer-sponsored retiree medical benefits when an individual us eligible for Medicare as being permissible under ADEA.

3/20/2008 12:12:10 PM

A controversial new set of Department of Labor regulations took effect on August 23, 2004. The regulations define what are known as the "white collar" exemptions, i.e., those professional, executive, and administrative employees who are not entitled to overtime. The new regulations replace rules that had been in place for more than fifty years.

3/20/2008 12:11:51 PM

Wal-Mart's recent $11 million civil fine for alleged immigration violations is the largest ever paid by Corporate America.  Immigration and Customs Enforcement officials also announced that subcontractors providing the floor cleaning crews in question to Wal-Mart plead guilty to criminal immigration charges and will pay a total of $4 million in fines.

3/20/2008 12:11:18 PM

45 CFR Section 164.530(k) provides an exception for many administrative safeguards under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) if an employer sponsors a group insured health plan that does not create, maintain, or receive "protected health information" (PHI).  Under this exception, the group health plan is not required to maintain or provide privacy notices or comply with any of HIPAA's administrative safeguard provisions except for the prohibitions against intimidating or retaliatory acts and against requiring a waiver of HIPAA rights.  Because the insurance company providing the health benefits is considered a "covered entity", it must meet these HIPAA requirements.  This exception still applies even if the insurance company provides the employer sponsoring the health plan with summary health information and enrollment/disenrollment information.

3/19/2008 8:24:37 AM

Ever summer millions of teenagers enter the workforce for several months.  Employers need to have a working knowledge of various aspects of the Fair Labor Standards Act ("FLSA"), as it relates to the employment of minors and what jobs they can perform.  Failure to comply with the FLSA, as well any state or local statutes or regulations which govern the employment of minors could result in severe civil fines and penalties and criminal prosecution.

3/19/2008 8:24:10 AM

Title VII prohibits an employer from discharging any individual, or otherwise discriminate against any individual with respect to his/her compensation, terms, conditions, or privileges of employment, because of such individual's sex. In 1978, Congress enacted the Pregnancy Discrimination Act (PDA), which amended Title VII to specify that sex discrimination under Title VII includes discrimination on the basis of pregnancy. Both Title VII and the PDA apply to any employer with 15 or more employees. By incorporating the PDA into Title VII, Congress stated that discrimination based upon pregnancy constitutes discrimination based upon sex. Therefore, it is now well settled that a claim of discrimination on the basis of pregnancy must be analyzed in the same manner as any other sex discrimination claim.

3/11/2008 4:51:38 PM

For reasons unrelated to proposed Family and Medical Leave Act amendments, President George Bush has vetoed a defense authorization bill that included provisions providing for (a) up to six months of leave for family members caring for military veterans injured while on active duty in the U.S. Armed Forces and (b) 12 weeks of leave to family members of service members called up to active duty under certain circumstances.  The president has stated he supports the FMLA amendments which have extremely broad Congressional support.  New legislation is likely to be passed in early 2008 and is expected to be signed by the president.

3/11/2008 4:51:17 PM

Even though the workings of the National Labor Relations Act ("NLRB" or "the Act") can have a tremendous impact on a company, too many employers have a woefully inadequate knowledge of the various aspects of the Act and how it can effect their operations. In the face of a union election campaign, which is where most employers come into conflict with the Act, many employers respond in a harsh and threatening manner which places them in violation of the Act, while others are afraid to say anything, which is problematic in inhibiting their ability to convince their employees not to vote for a union.

2/26/2008 10:52:16 AM

Lost in the turmoil over the constitutionality of same sex marriage are the state statutes that already provide benefits to same sex partners, whether or not their unions are sanctioned as marriages. Vermont, Hawaii, New Jersey and California have conferred rights on domestic partners. Eleven other states have conferred limited rights by banning sexual orientation discrimination. Others may follow. This article focuses on the California statute to illustrate the types of issues that employers will face in jurisdictions that recognize domestic partner rights.

2/14/2008 1:37:24 PM

The Second Circuit decided recently that a reduction in force that selected the 31 employees based on performance and relevance of skills had a discriminatory impact upon employees over 40 years old. The case is Meacham v. Knolls Atomic Laboratory, Inc.

2/13/2008 2:34:04 PM

A human resource (HR) audit is a comprehensive review of a company's systems and processes to determine if they meet current and projected HR needs, whether such systems are in compliance with current state, local and federal regulations, and whether the company's internal processes include practices that minimize legal liability. The HR audit allows a company to systematically measure where it currently stands and what actions need to be taken to improve its human resources function.

2/13/2008 2:33:38 PM

Every now and then something comes along that revolutionizes an entire industry or brings about a new age. Without having to go all the way back to ancient history, we can refer to some of the most recent events that have taken place during our lifetime and which have shaped the world in a way that none of us baby boomers could have ever imagined.

1/30/2008 10:12:55 AM

Many employers use employment tests and selection procedures – including cognitive tests, personality tests, physical ability tests, credit checks and criminal background checks – to screen applicants for employment and employees for promotion. As such testing and selection procedures have become more prevalent, the number of cases challenging various tests and selection procedures as discriminatory also has increased. Given this trend, in December, the Equal Employment Opportunity Commission issued a fact sheet regarding the application of federal anti-discrimination laws to employment testing and selection procedures.

1/28/2008 8:01:44 AM

The Equal Employment Opportunity Commission has accomplished what the kings’ men could not — it has affirmed that employer-sponsored retiree healthcare benefits can be coordinated with Medicare or comparable state health benefit programs. The EEOC’s final rule is an affirmative act to encourage employers to offer retiree health benefits, while it acknowledges that employers have no obligation to do so.

1/28/2008 8:01:38 AM

The first part of the year is often a time when organizations, departments, teams and individuals focus on the future and establish goals and accompanying plans that will create a road map for business and personal success. SMART goals will provide greater opportunities for accomplishment than those that are stated in a vague, general, or hopeful manner. The acronym SMART spells out criteria for goals that are specific, measurable, achievable, relevant and time-based.

1/21/2008 8:43:52 PM

We are approaching the scramble to qualify for the 65,000 slots for first-time H-1B workers for the 2009 government fiscal year. April 1, 2008 will be the first day that employers can file for professional specialty workers wishing to qualify for work authorization to begin on October 1, 2008, the first day of the U.S. Citizenship and Immigration Services' new fiscal year. We expect that the entire allocation of 65,000 visas (the Cap) will be reached within a day of the April 1 initial filing date.

1/7/2008 6:14:18 PM

Congress has overwhelmingly passed the 2008 National Defense Authorization Act which included provisions providing for (a) up to six months of leave for family members caring for military veterans injured while on active duty in the U.S. Armed Forces and (b) 12 weeks of leave to family members of servicemembers called up to active duty under certain circumstances.

1/7/2008 6:13:38 PM

Plaintiffs' lawyers are filing Fair Labor Standards Act claims in record numbers. According to Business Week, cases more than doubled in the federal courts from 2001 to 2006. Plaintiffs' lawyers have hit several large Minnesota employers recently with collective action claims in Minnesota federal court, while suits invoking state wage and hour laws have also been brought against well known Minnesota companies in state court.

1/2/2008 8:22:14 AM

The Department of Homeland Security has announced and published a new, long-awaited version of the I-9 form used to confirm the identity and work authorization of every new hire since 1986. The new form puts into practice the reduction of the number of documents that had been technically required since 1996. Employers should start using the new I-9 form as quickly as possible, and no later than December 7. DHS will publish a Federal Register notice imminently giving employers 30 days from then to begin using the form.

12/10/2007 10:01:56 AM

As any employer knows, employees sometimes make their own decision to commence work before their shift begins, or after their shift ends, despite the fact that the employer has not approved additional hours, and in some instances, in violation of a company policy restricting the practice.  Courts have increasingly been asked to address these issues and to determine when such practices result in compensable time for which the employee must be paid under the Fair Labor Standards Act (“FLSA”). 

12/5/2007 9:56:11 PM

In a case of first impression, the First Circuit Court of Appeals ruled that work holidays falling on days when an employee is out on intermittent Family and Medical Leave Act leave of one week or more can count toward the employee's statutory twelve-week FMLA leave entitlement. Mellen v. Trustees of Boston University, No. 07-1151 (1st Cir. Sept. 21, 2007).

11/19/2007 9:29:55 PM

Human Resource Outsourcing organizations exist to support, extend, or replace the human resources functions for other companies. HRO's core business is finding the ways to make their clients’ HR functions more efficient and delivering them to the client organizations. For that reason many of these organizations strive to stay on top of the best HR practices, emerging workforce technologies, as well as relevant laws, and regulations. This allows client companies to focus on what’s core to their business and re-allocate internal resources for initiatives focused on increasing revenue and profitability.

11/19/2007 9:29:23 PM

NLRB Modifies Voluntary Recognition Bar to Allow 45-Day Period for PetitionsNLRB Rules Strikers Lost Job to “At-Will Replacements”

11/14/2007 8:52:02 PM

If your business is environmentally conscious as so many are these days, you will be glad to know you no longer have to throw away laminated, nonbiodegradable posters every time the labor laws change in your state or with federal mandatory updates.

11/14/2007 8:51:28 PM

Addressing a dispute that began 20 years ago, the National Labor Relations Board has issued a new standard for determining when employer legal action challenging union campaign tactics is lawful. Following a long trail of litigation, including a Supreme Court decision in 2002, in BE&K Construction Co., 351 N.L.R.B. No. 29 (Sept. 29, 2007), the Labor Board has held that "the filing and maintenance of a reasonably based lawsuit does not violate the [NLRA], regardless of whether the lawsuit is ongoing or completed, and regardless of the motive for initiating the lawsuit." This ruling may provide employers with additional tools for pushing back against union corporate campaign tactics through reasonably based legal recourse, such as allegations of labor law and antitrust violations, even if ultimately unsuccessful.

10/24/2007 11:08:22 PM

For more than two decades, employers within the United States have been required to verify the work authorization of new hires (8 USC 1324A et seq.). This verification is performed by reviewing documentation tendered by the new employee to confirm identity and immigration work authorization and memorializing the results in a form I-9. The form is retained by the employer for three years after the date of hire of the employee or one year after the date that employment is terminated, whichever is later. The form is not filed with the government.

10/17/2007 3:23:11 PM

The IRS recently published new proposed regulations providing guidance on cafeteria plans (sometimes called Section 125 plans). These proposed regulations withdraw other proposed regulations that had been published in 1984, 1989, 1997 and 2000.  Even though the new regulations are not yet final, employers will want to review their cafeteria plans for compliance, since the IRS has said that employers can rely on the proposed regulations until final regulations are issued.

10/15/2007 3:14:52 PM

Thirty-one states will have had significant changes in their labor law posters by the end of 2007. That’s in addition to the federal minimum wage increase in July which affected every state.

10/15/2007 3:14:48 PM

On September 10, 2007, the IRS announced in Notice 2007-78 that the deadline for amending nonqualified deferred compensation plans to comply with the Section 409A requirements has been extended by one year, to December 31, 2008. However, the extension is not available for all Section 409A amendments and it generally does not apply to the limited Section 409A transition relief available in 2007. Employers and executives who would like to take advantage of the transition relief provisions must do so before the end of the year. In addition, irreversible design decisions and certain plan documentation amendments must still be completed in 2007.

10/15/2007 3:14:34 PM

Many employers have policies that limit use of the company’s e-mail system and Internet access to company business. Despite these policies, employees routinely use their employer’s e-mail system and Internet access for personal business, including shopping or playing games on the Internet, sending digital pictures to relatives and personal e-mail messages to friends, and even communicating with their attorneys. Courts have ruled that, if the employer has a clear policy reserving the use of company-owned computers and Internet access for business reasons only, employees have no right to privacy in their e-mail messages or Internet access logs that used company hardware and software.

10/11/2007 1:18:30 AM

U.S. Immigration and Customs Enforcement issued a final regulation on August 10, 2007, describing the requirements for employers when they receive "no-match letters" from the Social Security Administration or receive a letter regarding employment verification from the Department of Homeland Security. Its effective date was 30 days from the issuance of the final regulation. This rule finalizes a June 14, 2006, proposed rule, where the DHS received approximately 5,000 comments from a wide variety of interested parties, including employers, unions, lawyers and advocacy groups.

10/1/2007 12:24:00 PM

In a decision favorable to employers, the National Labor Relations Board has ruled that a Staff Complaint Process SCP established by Syracuse University to govern certain types of grievances did not result in the creation of a "labor organization" within the meaning of Section 2(5) of the NLRA. Syracuse University, 350 NLRB No. 63 (Aug. 15, 2007).

9/27/2007 3:20:30 PM

The False Claims Act is the federal government’s primary weapon in combating healthcare fraud. 31 U.S.C. § 3729, et seq. The FCA imposes liability for treble damages and civil penalties when a person knowingly submits statements to the federal government to secure payment of a false or fraudulent claim, or to conceal, avoid or decrease an obligation to pay or transmit property to the government. 31 U.S.C. § 3729(a).

9/5/2007 2:40:55 PM

With the continuing demands on the military Reserve and National Guard, a growing number of states have been passing Family Military Leave Acts giving soldiers' family members limited unpaid leave entitlements. In general, the acts allow the family members of active duty soldiers to take unpaid leave during periods leading up to or immediately following their family member's deployment and also during periods of leave while still on active duty. The new statutes vary, but employers should be cognizant of these new laws and prepared to adjust their leave procedures to comply.

8/16/2007 10:23:20 AM

The U.S. Department of Labor, Wage and Hour Division, has issued the new federal minimum wage poster reflecting the recently passed increase in the federal minimum wage. This is the first federal minimum wage change in over 10 years. This significant change means that employers must post the new poster, regardless of the wage or salary paid to employees.

8/6/2007 8:18:59 AM

On June 17, 2007, New Jersey joined the ranks of a handful of states that explicitly prohibit transgender discrimination, adding “gender identity and expression” to the list of protected characteristics under the New Jersey Law Against Discrimination (NJLAD). While not widespread, New Jersey’s amendment to the NJLAD represents a growing trend among states adding gender identity bias to the list of prohibited forms of discrimination. In fact, currently pending at the federal level is the Employment Non-Discrimination Act of 2007 (H.R. 2015) which, if passed, would prohibit employment discrimination on the basis of sexual orientation and gender identity.

8/3/2007 8:06:51 AM

Just in time for summer, Congress is providing a true fireworks show on the issue of immigration. There have been countless views, opinions and positions put forth by so many, that most of us are confused as to the current state of affairs on the issue of immigration. What remains constant throughout all the passionate wrangling across the political band is the idea that the U.S. government must do something about immigration and its effect on American jobs.

7/24/2007 8:15:55 AM

The following are ten tips to assist in conducting an effective workplace investigation.

7/19/2007 8:09:42 AM

The Third Circuit Court of Appeals has issued a much anticipated opinion that supports the ability of employers to reduce or eliminate the health benefits payable to retirees who qualify for Medicare. In AARP v. EEOC, the court ruled that the Equal Employment Opportunity Commission may lawfully issue an exemption to the Age Discrimination in Employment Act that allows retiree health benefit plans to coordinate with Medicare or comparable state-sponsored health benefit programs.

7/19/2007 8:09:22 AM

On May 29, 2007, the Supreme Court ruled that a plaintiff may not bring a claim under Title VII of the Civil Rights Act of 1964 for pay discrimination when the discriminatory decision setting the pay was made prior to the statute of limitations for filing such claims. The decision reinforces the need to identify the alleged discriminatory decision at issue and when that decision took place.

7/2/2007 8:22:05 AM

It should come as no surprise to most observers that women are ascending the corporate ladder. For example, 43 of the Fortune 500 General Counsel are women and 10 percent of the major executive positions in such corporations are held by women. But the growth has slowed in recent years and one of the major obstacles to women ascending to management positions are stereotypes regarding their ability to handle a career and their family responsibilities.

6/25/2007 8:18:31 AM

Fully half of the lawyers in any trial end up complaining about the jurors after the verdict is returned. While complaining is simple, what is more difficult is acknowledging that jurors are being asked to do something new and unusual for them, and to take that fact into account in trying to present the case to the jury—to recognize, and attempt to address, the very issues that might create an ineffective or unfavorable juror.

6/19/2007 8:04:27 AM

Although no federal law specifically prohibits discrimination against caregivers, the Equal Employment Opportunity Commission in its newly issued Enforcement Guidance entitled, "Unlawful Disparate Treatment of Workers with Caregiving Responsibilities," addresses in detail the circumstances in which discrimination against caregivers may violate Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act and outlines how the EEOC will approach the investigation of charges brought by caregivers.

6/19/2007 8:04:11 AM

Has the target of an internal investigation you have initiated ever been the person who actually is responsible for investigating discrimination complaints?  Have you ever had a long time employee participate in that internal investigation?  Have you then later terminated that employee for reasons unrelated to the investigation and faced a lawsuit challenging the basis of the discharge?  Let's look at a recent Sixth Circuit case to see how it strengthens your hand when defending this kind of lawsuit.

5/26/2007 11:51:07 AM

Web logs, or “blogs,” have gained enormous popularity over the last few years. From traditional journalism to consumer marketing, few communications channels have escaped their impact. This is particularly the case in corporate America. Many companies have realized that company-sponsored blogs offer a means of communicating with customers in a more direct, personal manner. At the same time, employees are blogging about product strategies, financial prospects and corporate politics with or without their company’s knowledge and/or approval.

5/26/2007 11:51:05 AM

On April 2, 2007, the Occupational Safety and Health Administration (OSHA) issued a new Ergonomic Hazard Alert Follow-Up Policy (the Policy) as a directive to regional and area offices.  This is OSHA’s newest attempt in a 20-year effort to regulate ergonomic hazards in the American workplace.

5/22/2007 10:46:09 AM

The document compliance deadline is December 31, 2007, with no hint of extension. Treasury representatives have made clear that “savings clauses� will not be an effective means of compliance. The substantial penalties for noncompliance and the very short time to the compliance deadline, make immediate action vitally necessary.

5/20/2007 12:31:30 AM

The U.S. Court of Appeals for the Fourth Circuit recently upheld an order of the National Labor Relations Board ("Board"), finding that an employer’s uneven enforcement of its business only e-mail policy violated the National Labor Relations Act (NLRA). Media Gen. Operations Inc., d/b/a Richmond Times-Dispatch v. NLRB, 4th Cir., No. 06-1023 (unpublished opinion 3/15/07).

4/22/2007 4:06:22 PM

On April 10, 2007, the Internal Revenue Service ("IRS") and the Department of the Treasury issued final regulations under Internal Revenue Code Section 409A.  Section 409A was added to the Code by the American Jobs Creation Act of 2004 and is generally effective for compensation deferred on or after January 1, 2005, under certain nonqualified deferred compensation plans and arrangements ("nonqualified plans").

4/17/2007 2:05:59 PM

The D.C. Circuit Court of Appeals recently affirmed the decision of the National Labor Relations Board which found that the confidentiality provision in the employee handbook of a non-unionized employer violated the National Labor Relations Act. In light of this decision, employers— particularly non-unionized employers— should review their confidentiality and communication policies, in handbooks and/or employment agreements, and determine whether they need to be revised. This alert reviews the court’s decision and provides practical guidance for employers in revising their policies.

4/17/2007 2:05:52 PM

The workplace is a reflection of society at large. Today, we see a gamut of behaviors that demonstrate a lack of respect and civility, both inside and outside the workplace. Studies and polls indicate that Americans view incivility as a serious problem that is getting worse.  One study found that 60% of employees believe that co-workers’ annoying behaviors negatively impact the workplace and, as a result, 40% reported that they are looking for new employment.  These and other findings illustrate that disrespectful and uncivil behaviors drain productivity and negatively influence both an organization’s bottom line and the overall economy.

4/12/2007 5:06:46 PM

Employers should prepare now to file H-1B petitions for their professional-level prospective foreign employees on April 1, 2007. That is the first allowable filing date for work to begin on October 1, which is the first day of the 2008 government fiscal year. Given the serious backlog that has been created because of the high demand for the limited number of visas in this classification, there is a real possibility that the entire allocation of 65,000 visas (the Cap) could be reached on or within several days of the April 1 initial filing date.

3/21/2007 9:07:23 PM

Over the past decade, e-mail technology has enhanced our ability to communicate and changed the way that many of us work.  Although this technology has numerous benefits associated with its use, it also has potential downsides, including unintended damage to relationships.

3/19/2007 2:30:01 PM

The Pension Protection Act of 2006 (the "PPA") created a new rollover opportunity for non-spouse designated beneficiaries under qualified retirement plans (including 401(k) plans), 403(b) annuity plans and governmental 457 plans. The new provision allows a non-spouse designated beneficiary who receives a plan distribution after December 31, 2006 upon the death of the participant to roll over the distribution directly into an individual retirement account ("IRA"). The rollover IRA must be treated as an inherited IRA under the tax code.

3/19/2007 2:29:57 PM

The EEO-1 Report – formally known as the “Employer Information Report” – is a government form requiring many employers to provide a count of their employees by job category and then by ethnicity, race and gender. The EEO-1 report is submitted to both the EEOC and the Department of Labor, Office of Federal Contract Compliance Programs (OFCCP).

3/14/2007 4:05:37 PM

A female forklift operator complains of inappropriate remarks and is reassigned to strenuous, less desirable duties, albeit within her job description. Is this retaliation under Title VII of the Civil Rights Act of 1964? In a recent case, Burlington Northern & Santa Fe Railway Co. v. Sheila White (126 S.Ct. 2405, June 22, 2006), the U.S. Supreme Court said yes.

2/28/2007 8:04:38 PM

In the event of avian flu or other health crisis, employers likely will face mass absenteeism of employees who become ill or must care for family members or friends or choose not to come to work for fear of becoming contaminated through exposure to other people. Employers may be able to mitigate the adverse effect of widespread absenteeism by allowing employees who are well enough to work from home. A telecommutingor work-at-home policy raises a number of legal issues that ought to be considered now before an employer is inundated with requests from employees who want to work from home and maintain a salary stream during a health or other crisis.

2/21/2007 4:20:31 PM

Earlier this month, the Internal Revenue Service issued Notice 2007-7 (the “Notice”) to provide guidance on a number of provisions in the Pension Protection Act of 2006 (the “PPA”). The following is a summary of certain aspects of the Notice which are important to sponsors and administrators of employee retirement plans.

2/21/2007 4:20:20 PM

In today’s environment where sexual and other harassment cases have exploded in number in all workplace settings, you unintentionally may be placing your organization at risk if you are approaching this subject by burying your head in the sand in any of the following ostrich-like ways, “I’ll take my chances,”  “It won’t happen here,” “Training is unnecessary,” or “We are too busy to train.” 

2/21/2007 4:19:52 PM

With the stated purpose of reaffirming its commitment to end race-based discrimination in employment, the US Equal Employment Opportunity Commission (EEOC) revised its long-standing Compliance Manual on April 19, 2006, to address what it calls "contemporary discrimination issues," according to a press release that accompanied the release of the revisions.  In addition to defining race and color discrimination, the new Compliance Manual also addresses what it terms "related protected bases"—national origin, religion, and "intersectional discrimination," i.e., discrimination based upon more than one protected basis, such as both race and sex.

2/18/2007 10:59:15 AM

The wage and hour laws can cause employers tremendous aggravation. Here are ten tips for avoiding common mistakes.

2/18/2007 10:58:48 AM

This is the second part of a two-part article reviewing the recent regulations (the “Regulations”) promulgated by the United States Department of Labor (the “DOL”) implementing the Uniformed Services Employment Rights and Reemployment Act (“USERRA”).  USERRA provides extensive rights to employees who are forced to leave their employment position for service in the uniformed services.  Due to the recent expansion in military activity around the world, employers of every size and type should become familiar with USERRA and its specific requirements.

2/12/2007 5:51:08 PM

The Pension Protection Act of 2006 includes new rules applicable to employers who obtain life insurance policies, also known as corporate owned life insurance, or “COLI,” on the lives of one or more of its employees. Under the new rules, the following requirements must be satisfied if the employer desires to exclude the policy proceeds from its income upon the death of the employee. Failure to satisfy the requirements will result in the policy proceeds being included in the employer’s income (except to the extent of the premiums paid by the employer).

2/12/2007 5:51:00 PM

“It’s too touch-feely,” “takes a lot of time and money,” “I would rather focus on recruitment for now,” “you just can’t keep good people these days”…..retention….do our organizations focus on it as much as they should? Statistics tell us as HR professionals that we need to be a bit nervous right now. We have a retention crisis going on. Employees have more options in the workforce and are happy to engage those options if they make sense. In short, they leave your company. What are we doing about it? How can your organization address this crisis? How can you lower your risk of watching employees walk out the back door? In this article, we will explore some ideas that will assist in addressing retention.

2/12/2007 5:50:54 PM

The Pension Protection Act of 2006 made a number of changes to the ERISA rules that govern plan investments. One of the more significant changes was to create a special safe harbor from fiduciary liability for default investments in individual account plans (such as Section 401(k) plans). Beginning in the 2007 plan year, a fiduciary may be relieved from liability for investment losses that relate to investment of a participant's account in a default investment option following the participant's failure to affirmatively direct how his or her account should be invested. Under current rules, such fiduciary protection is only available where a participant has made an affirmative election to invest in an investment option.

2/12/2007 5:50:44 PM

With employers spending in excess of $390 billion annually on increasingly expensive employee health insurance, many are adopting strategies to help curb costs that actively engage employees in their own care, including consumer-driven health care (CDHC) options, such as account-based consumer-directed health plans (CDHPs) and/or wellness and care management programs. The study features case studies that highlight employers’ innovative and successful approaches.

2/3/2007 11:43:22 PM

Employers commonly participate in surveys to assist in setting competitive wage rates, salaries, or benefits. With today's tight labor markets, these surveys can be valuable in attracting and retaining employees. However, a series of lawsuits filed during the summer of 2006 demonstrate that there are potential dangers in this practice.

2/3/2007 11:42:58 PM

In mid-October 2006, the IRS and Treasury published Rev. Proc. 2006-47, which provides methods to compute W-2 wages (as defined in Section 1.199-2(e)(1) — hereinafter “(e)(1) wages”) and published temporary regulations which provide methods for determining the amount of (e)(1) wages (calculated under Rev. Proc. 2006-47) that are properly allocable to DPGR.     The temporary regulations provide, generally, that a taxpayer may determine the amount of (e)(1) wages “properly allocable” to DPGR using any “reasonable method that is satisfactory to the IRS based on all the facts and circumstances.” The regulations offer safe harbor methods for computing wages properly allocable to DPGR. The safe-harbor method a taxpayer uses depends on whether the taxpayer uses either the Section 861 or the simplified deduction method to allocate costs or whether the taxpayer uses the small business simplified overall method.

2/3/2007 11:42:31 PM

Employees who assign other employees to overall duties, are held accountable for directing subordinates to undertake specific tasks, and have the discretion to do so without close direction from management will be recognized as "supervisors."  So says the National Labor Relations Board in a trilogy of decisions issued on September 29, 2006.  Long anticipated and much discussed, the clearly reasoned decisions deliver on the expectation that employers would be given the guidance they need to know who is, and who is not, a "supervisor" within the definition contained in Section 2(11) of the National Labor Relations Act.  The fact that most individuals asserted to be "supervisors" in these cases were deemed to be "employees," and thus protected by the National Labor Relations Act's anti-discrimination provisions, reveals that organized labor's predictions of the demise of bargaining unit eligibility for millions of workers appear to have been greatly exaggerated.

2/3/2007 11:41:44 PM

Whistleblower and retaliation litigation are among the hottest and fastest-growing areas of employment law.  The public policies behind these statutes are self-evident.  Lawmakers recognize that individuals would be reluctant to oppose misconduct by higher-ups if they feared that they could be punished for asserting their rights, and a chilling effect might arise without a remedy against retribution.  Depending on the particular statute, whistleblower and anti-retaliation laws cover job applicants as well as employees, including full-time, part-time, seasonal, temporary, consultants, contractors, and subcontractors. Since a challenged action might occur at various points in the employment life cycle, from hiring through firing, the entire human resources function should be considered when evaluating strategies designed to lessen the possibility for liability.

2/3/2007 11:40:57 PM

Uninsured and underinsured employers who bank on never facing an allegation of an unlawful employment practice because they have never been embroiled in such a dispute in the past may be gambling with their own financial futures. Employment-based litigation is not going away anytime soon. The Equal Employment Opportunity Commission (EEOC) remains busy receiving administrative employment discrimination claims. In fiscal year 2005, the EEOC received 75,428 charges of discrimination for all statutes enforced by that agency.

2/3/2007 11:40:03 PM

Employers often give employees the option of resigning instead of being discharged and often fail to appreciate the dangers of this approach. The fact that forcing a resignation is actually the legal equivalent of a discharge is not known to all employers. A resignation also gives the employee a potential retaliation claim after refusing to sign a legal release and being fired. A claim can be made that the firing occurred because the employee refused to give up federal civil rights. Also, offering employees a choice to resign frequently leads to shortcuts, because the employer incorrectly believes that if the employee resigns, the employer doesn't have to comply with its polices or otherwise support a discharge.

2/3/2007 11:39:29 PM

Many accommodating employers offer their employees the opportunity to work from home (telecommute) either on a regular or temporary basis. The flexibility of a telecommuting arrangement can benefit both employers and employees. However, the practical realities of allowing a nonexempt employee to work away from the principal worksite can lead to a minefield of wage and hour issues that an employer must carefully navigate in order to avoid potential liability. As telecommuting has become more prevalent, there have been a number of lawsuits filed by telecommuting employees (often as class actions) claiming violation of various state and federal wage and hour laws.

2/3/2007 11:38:51 PM

The U.S. Court of Appeals for the Fifth Circuit recently ruled that Halliburton Co., breached the terms of a merger agreement with Dresser Industries Inc. when it made modifications to a health plan for retirees of Dresser without making similar modifications to Halliburton’s health plan for active employees.

2/3/2007 11:38:10 PM

Employers frequently ask departing employees to sign separation agreements releasing the employer from any and all claims that the departing employee may have, in return for severance pay or some other form of consideration. However, the Fourth Circuit Court of Appeals now cautions that even if a separation agreement provides for a release of all claims, this does not prevent a former employee from asserting a claim under the Family and Medical Leave Act (“FMLA”).

2/3/2007 11:37:20 PM

Most fraud is ongoing; once it starts it does not stop by itself, and as it continues, it grows. Very few thefts occur for the first time in large amounts. However, after the fraudster realizes how easy it is to take $100, the next week its $200, then $500, etc. By the time it is caught, each individual occurrence can be in the thousands of dollars or more. Many are surprised to find out that most fraud is perpetrated by well-educated males in senior executive positions (61%), and is affected by conditions within the organization, beginning at the top, and filtering down.

1/24/2007 2:44:03 PM

On November 22, 2006, the Fifth Circuit Court of Appeals decided Fiber Systems International, Inc. v. Roehrs, ruling that the Computer Fraud and Abuse Act (“CFAA”) allows an employer to bring a civil action against an employee for downloading and copying confidential or proprietary information from its computer system if it spends more than $5,000 in any year to recover the data. This case is the first reported decision by the Fifth Circuit on this issue and has armed employers with a potential weapon in fighting unauthorized access of proprietary information and theft of trade secrets by their employees.

1/24/2007 2:43:00 PM

Surfing the web. It’s something most of us take for granted. Something we do every day. We use the web to perform many routine tasks such as reading the newspaper, checking stock prices and even shopping. It’s so convenient. We don’t have to go out in the rain or cold, we avoid those lines at the mall, and we save money on gas. For one group of disabled persons, however, surfing the web is not something that can be taken for granted. For the blind and visually impaired, many websites are inaccessible. A federal court ruling may soon change that along with the requirements that many business websites have to meet.

1/24/2007 2:42:10 PM

When the 110th Congress commences in January 2007, the leadership of both the U. S. House of Representatives and the Senate will swing to the Democrats, and it is widely anticipated that among their top priorities are a number of legislative initiatives affecting employers and employees. These initiatives likely will be spearheaded by the new Speaker of the House Nancy Pelosi; by Senator Edward Kennedy as Chairman of the Senate Health, Education, Labor, and Pensions Committee; by Representative George Miller as head of the House Education and Workforce Committee; by Representative Sheila Jackson-Lee as head of the House Immigration Subcommittee; and by Representative John Conyers as head of the House Judiciary Committee, among others.

1/24/2007 2:40:35 PM

Exceptional market rate pay programs, fully paid benefits, relocation assistance, sign on bonuses, retention bonuses, flexible work schedules, 401k/403b/457 retirement plans, car allowance, gas cards, tuition reimbursement/assistance, loan repayment programs, outstanding CEU support, excellent orientation programs, perks…the list could go on. Are all or part of these, perhaps even other examples, part of your recruiting plan? How do you recruit your field? According to experts, there will be a shortage of over one million workers by 2010. The fact is that there is a shortage of workers and it will only worsen as we move along in the coming years. How do we sell our organization? What makes the difference when a candidate has so many choices?

1/24/2007 2:36:56 PM

An effective financial expert witness knows this is the most important factor. While testimony may be founded on substantial financial theory and painstaking research and calculation, the information must be presented in a way the audience comprehends. For financial experts, then, it's critical to know if a case will be heard before the court or before a jury. Presentation skills, body language, the complexity of the testimony — and to some degree dress — vary significantly depending on the persona of the trier of fact.

1/24/2007 2:35:05 PM

Often, job duties require employees to carry pagers or cell phones and be available in case of an emergency. Employees often feel as though their free time is restricted due to the possibility of being called into work and that times where they are on call should be considered “on the clock.” In a recent decision, the U.S. Court of Appeals for the Sixth Circuit, which has jurisdiction over Ohio, Adair v. Charter County of Wayne, 452 F.3d 482 (6th Cir. 2006), declared that this time is not compensable if certain conditions are met.

10/9/2006 2:45:29 PM

Employers may be investigated, inspected, audited, or visited by the United States Department of Labor Wage and Hour Division ("WHD"), Occupational Safety and Health Administration ("OSHA"), or assigned state agencies.The WHD is provided authorization by §11(a) of the Fair Labor Standards Act (“FLSA”) to conduct audits, inspections and visits. The most common federal laws that are investigated by the WHD are the FLSA provisions related to minimum wage, overtime pay, and laws related to employment of minors. In addition, the WHD enforces the Family and Medical Leave Act, Migrant and Seasonal Agricultural Worker Protection Act, Field Sanitation Standards of the OSHA, McNamara-O’Hara Service Contract Act, Davis-Bacon Act, Employee Polygraph Protection Act, and the Consumer Credit Protection Act.

10/9/2006 2:42:52 PM

Faced with skyrocketing annual increases in health care and workers' compensation premiums, employers are looking for ways to manage the health and health care costs of the workforce. Employers have increasingly focused on employee lifestyle choices in an attempt to control these costs. One area where employers have focused their inquiry is on smoking and use of other tobacco products by employees. Many employers have implemented wellness programs to encourage non-smoking. Some employers have gone so far to make hiring decisions based on smoking/non-smoking status.Legal issues must be carefully considered before taking action based on smoking/non-smoking status. Specifically, issues could arise under HIPAA, ERISA, the ADA, Title VII and other federal and state laws.

10/9/2006 2:37:42 PM

Employee embezzlement costs American employers about $6 billion per year. Embezzlement is the fraudulent taking of personal property with which one has been entrusted. By definition, the offender is someone trusted by the employer. When detected, embezzlement brings great heartache to the perpetrator’s victims and families. The typical motive for embezzlement is simple greed. However, theft arising out of addiction to gambling has grown along with the Minnesota gaming industry.

10/9/2006 2:31:28 PM

A new decision was issued by the Sixth Circuit Court of Appeals last week which highlights an FMLA regulation that many employers may be overlooking in their implementation of this law.The decision (Killian v. Yorozu Automotive Tennessee, Inc.) focused on the time period for employees who already are on FMLA leave to submit medical recertification forms when their previous medical certification forms have expired or their need for leave otherwise has expanded beyond what originally was anticipated/authorized. The employer in the Killian case had a written policy which provided that such employees’ recertification forms had to be received before the expiration of their current medical certification forms in order for their additional period of leave to be approved/excused. The Sixth Circuit Court of Appeals found that this policy violated the FMLA UNLESS such employees were given at least 15 days to provide the recertification forms from the time the employer specifically requested them.

10/9/2006 2:18:33 PM

In the ordinary course of commencing employment a new employee will execute a W-4, Withholding Exemption Certificate, to inform his or her employer of the correct filing status and number of exemptions and personal allowances to use when calculating income tax withholding. This process occurs upon hire, and sometimes changes during the year. But what happens when employees make "unusual" requests of their employer relating to withholding? This Insight provides a brief guide for employers to help determine their payroll tax obligations.

8/28/2006 1:05:47 PM

With sexual harassment lawsuits on the rise, both supervisorsand employees should know what qualifies as sexual harassment and how to avoid it.

8/28/2006 12:57:46 PM

In a case with potential national implications, a New Jersey court recently held in a case of first impression that employers have a legal obligation to investigate an employee’s activities when they know or have reason to know that the employee is using a workplace computer to access child pornography. Doe v. XYC Corporation, 382 N.J. Super. 122 (App. Div. 2005). The court also held that an employer is required to report the employee’s activities to the proper authorities and to take “effective internal action” to stop the employee’s activities. Based on the facts of the case, the court also ruled that “no privacy interest of the employee stands in the way of this duty on the part of the employer.”[fn1]

8/28/2006 12:48:29 PM

By now, we all (hopefully) have our Family and Medical Leave Act “FMLA” procedures down to a science. After twelve years of practice, most employers are very familiar with the basic eligibility standards, paperwork requirements, and timekeeping rules involved with this legislation. Recent case law, however, serves to define, limit, enhance, and sometimes confuse what you thought was standard procedure. From the moment an employee gives notice (or not!) of their need to take leave, to the time an organization asks them to leave with a severance package, the FMLA controls an employer’s options, as the cases discussed in this article instruct.

8/28/2006 12:48:17 PM

In many, if not all, employment discrimination lawsuits both the employer-defendant and the plaintiffs realize that there is a statistical disparity between the protected and non-protected employee groups at issue in the case. It is the meaning of the statistical disparity that is most frequently the area of contention and subject to differing interpretation by the employer and plaintiffs in the discrimination lawsuit. Since the 1970s employment attorneys and the courts have relied heavily on the mathematical and probability concept of statistical significance in assessing the underlying importance of an observed statistical disparity in employment conditions between different groups of employees.

8/28/2006 12:48:09 PM

The United States Supreme Court recently addressed retaliation claims under Title VII of the Civil Rights (“Title VII”) in Burlington Northern & Santa Fe Railway Co. v. Sheila White, __S.Ct. __, 2006 WL 1698953 (2006). The decision will be important for employers to understand to properly prevent and defend against retaliation claims under Title VII, and other employment laws such as the Americans With Disabilities Act and Age Discrimination In Employment Act. As a result of this decision the United States Supreme Court has broadened the scope of the Title VII retaliation provisions thus making it easier for a plaintiff to proof retaliation.

8/28/2006 12:48:03 PM

The passionate debates surrounding immigration reform have receded from metropolitan marches back into Capital Hill offices.  While most issues are seen as too polarizing to aggressively address, one relatively innocuous area has survived andactually gained tremendous momentum—Employment Verification Systems. 

8/28/2006 12:43:50 PM

Telecommuting (also called telework) can be a great boon, or a nightmare. Some employers find that it allows their employees to be more productive, and to get more work done. Other employers are reluctant to adopt such policies because they worry that employees will seek pay for goofing off at home. EEOC guidance and a federal court of appeals decision make clear that employers must consider telecommuting as an accommodation option for their disabled employees, no matter how they feel about the subject in general. This article explores the circumstances that may require employers to consider telecommuting as an accommodation for their disabled employees.

8/28/2006 12:42:51 PM

The Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Programs (OFCCP) have taken a number of steps over the last several months that indicate the agencies are preparing to shift their investigative and litigation focus to targeting systemic, or company-wide, discrimination by employers. As described below, employers need to understand and respond to these changes in order to avoid becoming the object of unwanted scrutiny.

8/28/2006 11:53:18 AM

The hiring and firing processes utilized by an employer are two of the most fertile areas for potential litigation. Because an employer must keep in mind all of the statutory schemes governing employment when looking for and hiring a new employee and when firing an unsatisfactory one, employers can easily overlook a crucial and potentially devastating matter.

7/17/2006 12:07:04 PM

This paper examines the minimum wage and overtime requirements of the Fair Labor Standards Act (“FLSA”). Section I examines the minimum wage requirements. Section II addresses what constitute hours worked under the FLSA. Sections III and IV discuss the overtime compensation requirements, with Section III reviewing which employees are exempt from overtime and Section IV explaining how to calculate the required overtime compensation.

7/12/2006 11:19:43 AM

Companies lose millions of dollars every year because they hire the wrong person for the job. While many employers are already familiar with the high cost of employee theft, they may be less aware of other, equally destructive employee behavior, such as filing false disability claims.Bad apples can do more than eat into your company’s budget. According to the U.S. Department of Commerce, 30 percent of businesses go under mainly because of poor hiring practices. Clearly, performing background checks on job candidates should be an essential part of your hiring process.

6/26/2006 3:04:14 PM

Controlling workers compensation costs requires consistent investigation and a standard claims management processes. In an on-the-job injury or illness, something happened, somewhere, to somebody. In the realm of workers compensation the something, somewhere, and somebody are the landscape of the claim. Employers must ensure there are standard procedures in place that include having management survey the landscape by investigating what happened, how it happened, and who did what after it happened. Have a post accident check list that includes inspection of the physical location where the accident occurred, preserving any visual depictions of the area, and record the facts that your insurance company or attorney may need later if the employee files a workers compensation claim.

6/19/2006 11:00:38 AM

Virtually any information that is kept secret and is considered to be of value may constitute a trade secret. This includes not only scientific and technical data, but also marketing strategies, product formulas, customer lists, pricing or financial information or other information used in business. To protect such information, the Uniform Trade Secrets Act, which has been adopted in most states, provides for money damages and injunctive relief for the unauthorized disclosure or use of trade secrets, as well as the unauthorized acquisition of trade secrets where such information was acquired by improper means. Further, the federal Economic Espionage Act, 18 U.S.C. Section 1831, provides criminal penalties for theft of trade secrets affecting interstate commerce.

6/19/2006 10:58:38 AM

In a 5 to 4 opinion in Garcetti v. Ceballos (No. 04-473) authored by Justice Kennedy and joined by Justices Roberts, Scalia, Thomas, and Alito, the Supreme Court held that government employees who “make statements pursuant to their official duties” do not engage in speech protected under the First Amendment. The ruling involves a government lawyer’s claim for protection from retaliation under the First Amendment, but also has significant implications for the private sector, which is subject to many state and federal statutes that protect private sector employees from retaliation. The opinion probably will be influential to state and federal courts faced with the question whether private sector employees who are merely performing their daily jobs may be viewed as engaging in legally protected activities under state and federal anti-discrimination and whistleblower protection statutes.

6/19/2006 10:57:21 AM

This is the first part of multiple part article which addresses the new Uniformed Services Employment and Reemployment Rights Act (“USERRA”) Regulations which were recently promulgated by the United States Department of Labor (“USDOL”).1. INTRODUCTIONWith the increased number of deployments of active duty soldiers and the activation of thousands of military reservists following September 11, 2001, it is imperative that employers and attorneys be familiar with the USERRA, 38 U.S.C. §§ 4301-4334. USERRA attempts to mitigate the financial losses an employee may endure as a consequence of service in the uniformed services and his or her return to work.

5/24/2006 2:03:05 PM

The U.S. Citizenship and Immigration Service (C.I.S.), formerly known as the U.S. Immigration and Naturalization Service (I.N.S.), requires employers to complete Form I-9 for each individual they hire for employment within three working days of the new employee’s employment. On the form, the employer must verify the individual’s employment eligibility by identifying documents presented by the employee and recording the document information on the Form I-9. Acceptable documents for this purpose are listed on the back of the Form I-9 and at the end of this article. (See Tables A-C for a listing of these documents.)

5/24/2006 2:03:02 PM

Workplace complaint investigations are a necessary part of every human resource practice. When the investigation is over, we breathe a sigh of relief and, all too often, put it behind us. If we never go back, however, we miss an important opportunity to analyze complaints and the resulting investigations for trends, potential process improvements, and results.

5/24/2006 2:02:59 PM

According to the English philosopher Francis Bacon, “A man must make his opportunity as oft as find it.” Preventing a person from making his opportunity runs counter to the American ethos that a person should have the freedom to work wherever and whenever the person desires. This notion has been tempered by contractual and equitable principles that a person can bargain away or limit his freedom to work under certain circumstances as manifested in non-compete agreements (or covenants not to compete). Courts loathe to deprive someone of the ability to make a living. The following commentary is a generic discussion of this kind of an agreement.

5/24/2006 2:02:23 PM

1. Do Employers Have To Tell Employees that FMLA Leave Is Available?2. Does the Employee Have To Give the Employer Notice of Intent To TakeLeave? 

5/24/2006 2:00:50 PM

Sometimes you may get the feeling that judges and legislators have complete control over your employment relationship with your employees. While there are laws that regulate some aspects of employment anti-discrimination statutes, workers compensation acts, wage and hour rules, for example,the law also recognizes a simple yet powerful tool for controlling the terms of the employment relationship documentation. Here is what documentation can do for you...

4/14/2006 10:29:14 AM

The Department of Labor's Office of Federal Contract Compliance Programs' (OFCCP) final regulations defining "Internet Applicants" and setting forth new recordkeeping requirements went into effect on February 6, 2006. Although the regulations are already in effect, OFCCP has stated that it will exercise enforcement discretion for a period of 90 days. During that time, the department will not cite a contractor for purely technical recordkeeping violations where the contractor is taking reasonable steps to update its systems to comply with the rules and is maintaining records according to previously established procedures.

4/14/2006 10:26:40 AM

The creation of an employer-employee relationship imposes many obligations on the employer verifying authorization to work on the I-9 form, providing workers' compensation insurance, paying payroll taxes, and on and on. Many businesses try to avoid those obligations by classifying some workers as independent contractors, or 1099 workers. Too frequently, such classifications are made without sufficient attention to the applicable legal standards, leading to possible liability for unpaid taxes, overtime and other obligations. The government agencies with an interest in the obligations that flow from the employer-employee relationship are always looking for violators from whom they can extract money owed and penalties.

4/14/2006 10:25:48 AM

Many managers view employee performance evaluations as a bothersome chore. After all, compiling an annual evaluation for each employee is time-consuming and distracting, especially for those who supervise large numbers of employees. If evaluations are done near the anniversary of the date each person was hired, it can be a never-ending process. As a result, managers sometimes take shortcuts and overlook strengths, weaknesses and accomplishments that are critical to an employee's future.

3/30/2006 4:28:45 PM

Administering the Family and Medical Leave Act (FMLA) is enough to give even the most patient human resources professional a migraine. Faced with new and creative requests by employees for time off, employers are looking for guidance in navigating FMLA regulations pertaining to medical certification.

3/1/2006 5:48:45 PM

Most all of us have our list of New Year’s resolutions. The question for employers is… Is a review of your organization’s Employee Handbook on that list? If you’re like mo