Snow Days and Compliance FMLA Changes

Snow Days In Georgia-Are You in Violation? It doesn't happen often, but when it does, business leaders have to make a decision about closing the business due to weather.  It is critical that you are prepared before the snow comes.  Being prepared includes the following: Have a policy outlining the guidelines, pay, make up work,  reporting in, etc. Have a communication plan on how to communicate to employees about coming in late, or not at all  Make sure you are not in violation of FLSA. Non-exempt and exempt employees are treated differently.  You need to have in your policy if you will pay for an office closing, do you have a cap for the number of times you will pay and is there a way for non-exempt employees to make up the time they are out. Non-exempt: The employer might, for example, provide a fixed number of paid inclement weather days.  Often times employees will assume that if the business is closed, that they will automatically get paid.  Some businesses cannot afford to pay their team if they are not open. Other employers may be able to pay for a day or two, but are truly limited on what they can afford.  In these cases, a company has to be clear.  Employers typically are not in the business of paying employees for time not worked. If such time is paid, it is not working time and not counted toward hours worked for purposes of overtime calculations. Exempt: As for exempt employees, “the application of weather-related absences is more complicated. In the case where an employer is open for business but an exempt employee chooses to stay home, that employee is not entitled to pay for that day because he/she chose to remove himself from the workplace for personal reasons. If the employer has a PTO policy and the employee has accrued time, he can use the PTO to cover his absence. In the event there is no accrued PTO available, the employer can reduce the employee’s pay for the absence—in full-day increments—without violating the salary-basis” test of the FLSA. “However, when the employer decides to close for weather-related reasons, the employee’s full salary must be paid for the week even though he may not have worked the full workweek. In this scenario, the employee is available for work but it is the employer who has made the work unavailable to the employee.” Our team can assist you with developing a policy and a plan that will help ease this issue for you. Call at 770- 248-0401 for the guidelines and to learn more.  Holidays for 2015 - How do you compare? A recent SHRM survey of 492 HR professionals selected from the SHRM membership found that a majority of employers (94-97%) plan to observe New Year's Day, Memorial Day, Labor Day, Thanksgiving and Christmas in 2015. Because Independence Day falls on a Saturday, 60% of organizations will be closed on Friday, July 3, the day before Independence Day. Few organizations plan to close their doors on religious holidays other than Christmas Eve and Christmas Day. The top holidays that most organizations will observe in 2015 are: Christmas Day (97 percent) Thanksgiving Day (97 percent) New Year's Day (95 percent) Labor Day (95 percent) Memorial Day (94 percent) Independence Day, Saturday, July 4 (76 percent of businesses that open on Saturdays) Day after Thanksgiving (76 percent) Day before Independence Day (60 percent) Additionally, some employers (36 percent) offer floating holidays, which typically include one or two days of paid time off for holidays and events not observed by the organization.  DOL Revises FMLA Regulations  Definition of 'Spouse'  The U.S. Department of Labor's (DOL's) Feb. 25, 2015, revision to the Family and Medical Leave Act (FMLA) regulations' definition of "spouse" may be a surprise to business owners and managers, who need to be trained on the regulatory change.  The revision extends FMLA rights to eligible workers in same-sex marriages.  These changes take effect March 27, 2015. "This is what we were expecting after the U.S. Supreme Court's ruling in United States v. Windsor, 133 S. Ct. 2675 (2013), which rendered unconstitutional Section 3 of the Defense of Marriage Act's definition of marriage under federal law as the union of a man and woman. Federal agencies were directed to review relevant federal regulations to implement the Windsor decision..  “The DOL reacted to Windsor by revising its guidance fact sheet as well as its field operations handbook to provide that for purposes of taking FMLA leave to care for a spouse, the term ‘spouse’ would be interpreted to mean ‘a husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides, including common law marriage and same-sex marriage,’” Hollinshead said. “Then, this past June, the DOL issued a notice of proposed rule making (NPRM) and this final rule adopts the NPRM’s ‘place of celebration’ standard for determining the definition of spouse, as opposed to defining spouse based on the law of the state in which an employee resides.” Under the place of celebration standard, if an employee was married in New York but now resides in Tennessee, the employee will enjoy FMLA rights to care for his or her spouse since New York recognizes same-sex marriage. (Tennessee does not.) The revised definition of spouse encompasses individuals in a same-sex marriage that took place outside of the United States as long as the marriage was valid where it took place and could have been entered into in at least one state of the United States. The DOL noted in its fact sheet on the final rule that the definitional change means that eligible employees, regardless of where they live, will be able to take: FMLA leave to care for their lawfully married same-sex spouse with a serious health condition. Qualifying emergency leave due to their lawfully married same-sex spouse’s covered military service. Military caregiver leave for their lawfully married same-sex spouse. The change entitles eligible employees to take FMLA leave to care for a stepchild regardless of whether the in loco parents (in the place of parents) requirement of providing day-to-day care or financial support for the child is met, the DOL also noted. And the change entitles eligible employees to take FMLA leave to care for a stepparent who is a same-sex spouse of the employee’s parent, regardless of whether the stepparent ever stood in loco parents to the employee. DOL Revises FMLA Regulati ons’ Definiti on of ‘Spouse’ Civil Unions and Domes c Partners “Employers should be mindful that this new regulation covers individuals who enter into a same-sex marriage,” Nowak observed. “However, the FMLA does not protect civil unions or domestic partners, so employers are well-advised to determine whether one or the other applies in any particular situation. That said, employers should determine whether any state law may protect civil unions or domes(c partners.” He added, “Employers should be aware that this new regulation does not impact the in loco parents standard on which the DOL previously has opined. As the DOL notes in its FAQs to the new rule, the agency has consistently recognized that eligible employees may take leave to care for the child of the employee’s same -sex partner—married or unmarried—or the child of the employee's unmarried opposite-sex partner, provided that the employee meets the in loco parents requirement of providing day-to-day care or financial support for the child.” And employers can go beyond the FMLA requirement and offer other types of leave for couples in civil unions. “In addition, eligible employees in civil unions can take FMLA leave for their own serious health condition, for the birth of a child or the placement of a child for adoption or foster care and for bonding, to care for their child or parent with a serious health condition, and for qualifying military family leave reasons,” the DOL notes in its FAQs. Documenta tion “There are no changes to the manner in which an employer obtains documentation to confirm the spousal relationship,” Nowak said. “An employee can satisfy the requirement either by providing documentation such as a marriage license or a court document or by providing a simple statement asserting that the requisite family relationship exists. Employers should keep in mind that it is the employee’s choice whether to provide a simple statement or another type of document.”  Checklist: 15 questions to ask employees in their first 60 days Make it a point to meet with new hires within the first 60 days. Your goal: Discover their likes/dislikes about the job and environment, see if the job meets their expectations and nip potential problems in the bud.  Then, ask some of the following questions, adapting them to your own needs:Click here to view checklist. HR Partners, Inc. | 770-248-0401 | http://www.my-hrteam.com 3105 Medlock Bridge Road Norcross, GA 30071

Supreme Court Hands Employers a Victory in Title VII Case

The United States Supreme Court issued a 5-4 verdict on June 24, 2013 clarifying that an employee alleging unlawful retaliation in violation of Title VII of the Civil Rights Act of 1964 must be able to prove that a retaliatory motive was the “but-for” cause of an adverse employment action.

This decision ensures that the burden of proof is never on the employer. Now, the employee must be able to prove that the impermissible, retaliatory motive was the main reason and not simply a reason for the employer’s averse action. By this standard, employees pushing the allegations must be able to prove that “the unlawful retaliation would not have occurred in the absence of the alleged wrongful action or actions of the employer.”

Seven Ways for More Effective Communications with Your Employees

A company’s employees are always one of the most valuable resource they can have. Employees like to feel kept in the loop and know what is going on in and with the company they represent. Yet, all too often, in an effort to provide the best customer relations, companies push communicating with their employees to the back burner. This can lead to lower employee morale and eventually then decreasing employee productivity.

However, there are seven simple steps that every company can begin to put in place to avoid this problem.

1) Personalize company goals with each individual employee and departments’ priorities and goals. When mistakes occur or a project ventures off course, ask yourself “what context or information did I not provide my team with adequately?”

2) Employees want to know how they fit into the overall corporate equation. They desire to know their job has meaning and is needed in the company structure. Communicate with your employees how their position helps enhance the company standing, completes the workload, etc. 

3) In numerous studies, the boss is always the preferred source for information related to an employee’s job. Be ready with essential information to help employees perform their job more effectively. 

4) Performance feedback is always appreciated by employees. It is better to provide a more real time stream of feedback in addition to the more formal annual reviews. This allows you the ability to reinforce good behavior/activities and correct misguided ones closer to the actual action. 

5) Try to look at what an employee wants and/or needs from their point of view. Employees want to feel their boss can empathize with them. 

6) Conduct various things such as engagement surveys, listening sessions, etc. to hear how the company and procedures are from the employee’s point of view. Enlisting the help of a third party to conduct these reviews helps employees feel more comfortable to open us and provide constructively honest answers. 

7) Be consistent and reliable with when you communicate with your employees. Establish a plan for employee communications and then inform all of your employees of when they can expect to hear information from you.

For more information or help setting up an employee communication plan, call your Lowden & Associates team member at 770.248.0401. 

Seven Ways to Increase Productivity and Save Money by Giving Your Employees a Bigger Voice

There is a tremendously valuable think tank for every business that most companies do not even turn to for free advice. So, where do you need to go for quality ideas that can save your company money…your own employees. Seeking and acting on employee ideas can save the employer money in addition to building a sense of ownership among the workers.

Employee suggestions can have a significant impact on business productivity, revenue and the overall effectiveness of the entire organization. This group is on the front lines of customer relations, the company processes and much more every day. They know first-hand where the inefficiencies and delays are in the company. Below are the seven steps you can take to not only increase employee engagement but save your company some serious money while increasing productivity.

1) People Need to be Listened To. When employees feel like they are not being listened to, there is psychological affect that makes them withdraw. However, the opposite is true as well. When employees see ideas are being used they are more willing to open up and share. According to a Society for Human Resource Management (SHRM) poll, on average one-fifth of workers say their opinions count at work. If you increase that to one-third, profitability also increases by 6%. Safety, customer satisfaction and employee retention all rise, too.

2) Solicit Ideas from Engaged Employees. Engaged employees have been found to provide more useful ideas. In fact, Gallup conducted a survey that found ideas offered by less engaged workers saved a company $4,000 on average versus the most engaged workers who saved the company on average $11,000.

3) Create and Communicate a Plan for Weighing Ideas. Make sure that you stress to employees that all of their ideas will be weighed fairly as well as how and when they will be assessed. It is important for employees to see transparency. Also, have a clearly devised panel for reviewing. 

4) Every Idea Gets a Response. Asking for suggestions give the business leaders an obligation to respond. So, every employee should get the respect of a response as to why it does or does not make sense. There is nothing more frustrating and disheartening than making a suggestion that goes into a corporate black hole. 

5) Reward Employees for Quality Ideas. Answer employees’ question what is in it for them. A rewards program can be quite diverse from public recognition, tangible gifts, cash, prime parking spaces, paid time off to even a percentage of the savings that their suggestion creates. 

6) C-Suite Needs to be Willing to Give Up Being Center of the Universe. All too often, the c-suite wants to be known for having all of the best and most innovative ideas. However, since employees are the ones generally spending the most time with the clients getting the current feedback, they may be able to think of something that the c-suite could not. 

7) Work Organizations Are Not Democracies. There needs to be an appropriate deference to rank and authority. Make sure that you communicate the proper chain of command in the organization to all of the employees.

For more information on how to increase productivity by giving employees a bigger voice, contact Lowden & Associates at 770.248.0401. 

Steps to Assure a Smooth Performance Appraisal

Performance Appraisals are not always the easiest or the highlight of being a manager. Most people are hesitant to conduct a thorough review for fear of upsetting an employee.

Appraisals are most often used to determine salary increases. However, the main reason for appraisals should be to determine and improve the quality of an employee’s performance, set goals and plan for personal and career growth. When this becomes the main focus it is easier to have a more laid back appraisal since it shifts more towards coaching instead of critiquing.

So, the question becomes what steps you as the manager need to take to ensure a coaching session. Below will detail the prep and process of performing a proper performance appraisal. 

Before the Appraisal:

- Review the performance Appraisal Form and Format

- Using objective data, list all the points that need to be discussed

- List the employee’s good points, as well as areas for improvement

- Review the employee’s last performance appraisal

- Develop a series of questions and answers that need to be asked about pervious goals

- Determine if the employee had any problems on the job, look at the overall year

- Seek input from other supervisors who have worked with the employee

- Discuss the appraisal with the next level of supervision, as appropriate

- Set an appointment with the employee for a specific time and day for the face-to-face appraisal

- Allow the employee at least a week to review the materials to develop questions and comments

The Appraisal Process:

- Greet the employee by name

- Review in detail the written form with the employee

- Give specific examples and be direct

- Let the employee know you are aware of their positive qualities and accomplishments

- If it becomes necessary to deliver constructive criticism, it is vital that the employee maintains his/her dignity and self-worth 

- Encourage comments and questions from the employee

- Listen to what the employee has to say

- Discuss any standards that were not met by the employee and be specific 

- Do not argue with the employee but graciously and truthfully accept suggestions

If there are any disagreements between the supervisor and the employee, allow the employee an opportunity to create a written rebuttal that can be attached to the appraisal form before it becomes final. For more information on how best to handle and conduct performance appraisals, contact Lowden & Associates, Inc. at 770.248.0401. 

New Form I-9 Released in March 2013

The United States Citizenship and Immigration Services (USCIS) released the new I-9 Employment Eligibility Verification Form this month. Employers are required to start using the new form version immediately but the USCIS has given a 60 day grace period until May 7, 2013. Please note, failure to properly complete and retain the Form I-9s correctly can result in civil money penalties of up to $1,000 per I-9 in violation and, in some cases, lead to criminal penalties.

Most of the form changes are in format, additional fields and more instructions to employers. To avoid any claims of discrimination, do not have current employees complete the new Form I-9 if there is already a properly completed I-9 on file, unless reverification applies.

To download the new Form I-9, please click here. For more information on the new Form I-9, please contact your Lowden & Associates partner at 770.248.0401.

Telecommuting Concerns…4 Areas of Possible Liability

The trend of employees who are telecommuting is picking up even more steam. In 2009, 34 million employees telecommuted in the United States, at least part of the week. Estimates are that by 2016, 63 million workers, or 43 percent of the US work force, will telecommute. The benefits of allowing telecommuting are numerous and wide ranging: increased productivity; increased job satisfaction; reduced absenteeism; lower employee turnover; reductions in traditional fixed expenses such as energy costs, office rental, and parking; improved customer service; improved employee morale; and reduced employee stress and improved wellness.

However, there are important legal and HR compliance concerns that every employer who permits telecommuting should know about.

1)  Wage-Hour Laws. You are still responsible for staying in compliance with all state and federal overtime laws for telecommuting employees. Establish a policy that clearly states what work is permissible and when. Also, you could chose to automatically record, by computer, the number of hours worked online each week.

2) Workplace Safety Laws. The Occupational Safety and Health Act which makes employers responsible for workplace safety applies to telecommuters, even those working from home. Employers may require telecommuters to have a designated workplace inspected and approved by the company.

3) Confidential Information.  Employers can require telecommuting employee to follow certain protocols with regards to passwords and secure protected networks.

4) Texting While Driving. With mobile smartphones, employees can work from their phones anytime, anywhere. Employers should institute the appropriate policies and procedures in regards to prohibiting texting while driving.

For more information on policies for telecommuters, call your Lowden & Associates partner at 770.248.0401.