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.

Are You an Effective Leader During Times of Change?

A company’s ability to change and adapt to new challenges is a key component of sustained success, but change is not always easy. In fact, 70 percent of change initiatives fail to deliver the intended outcomes. The prolonged effects of the recession has impacted more than just people’s income, productivity and employment figures. The workplace has become much more risk adverse.

One of the most impacted groups is in company leadership. More executives seem to be reaching the point of an overwhelming reluctance to be bold with change. Instead, executives are increasingly crouching into a defensive position and not leading the charge for change. This can cause employees to become cynical, disengaged and unproductive. Eventually the top talent will flee for the exit doors.

So, what are some signs that executives are pulling back? Below is a list of the behaviors these executives typically exhibit:

- A subconscious reaction to stress and anxiety

- The desire to avoid rocking the boat, dodging risk or confrontational situations

- Going out of their way to prevent taking the fall

- Micromanaging team members

- Holding a tight control over communications

- Intentionally not listening or dismissing unwanted and/or challenging feedback

Leading through changes is all about increasing employee dedication and commitment to a new vision while minimizing devotion to the status quo. The leaders who are effective during change mobilize employee energy to create action plans for the movement.

Below are six ways for an executive to become a more effective change leader:

1) Allow for thinking to be challenged in order to take a broader view

2) Evaluate opportunities to influence top leaders to create alignments for intentions

3) Fight for the values of the change

4) Actively engage the team and address any concerns of the employees

5) Create and sell a compelling change story

6) Have frequent recognition of quality performances

For more information, contact a Lowden & Associates partner at 770.248.0401. 

Could Culture Be Affecting Your Hiring?

Hiring mistakes can lead to costly and negative ramifications, and is all too common in companies today. In fact, 69 percent of companies said they had been negatively affected by a bad hire in 2012 alone, according to a recent Career Builder survey. More than 40 percent of US employers estimated a bad hiring decision cost them $25,000 last year, while 25 percent estimated the cost to be more than $50,000.

A poor hiring decision can show up in many ways such as less productivity, lower employee morale/engagement, cost in training new employees, etc.

But why do companies keep making poor hiring decisions? One big reason might be cultural. It is a human tendency to look for similarities in our hiring decisions. Most people like the ‘two peas in a pod’ feeling and actively seek that out. 

As a consequence, we do not always find the most skilled candidate for the position. Usually, applicants get screened for qualifications in the very early stages of the recruiting process and then the focus shifts from skills to personality. In fact, cultural fit is a part of the formal recruitment process in most cases, even when searching for diversity. 

Building a team of cultural similarities can usually create a strong cohesive unit but you may be denying yourself the talent level that the company needs to be truly successful.Like anything in life, there is a balance that needs to be struck between cultural fit and talent level. For more information, call 770.248.0401.

Providing Flexible Work Arrangements to Your Employees

Four Steps to Ensure Your Flex-Time Program Works

More and more companies are offering as employees are asking for flexible work arrangements and hours. This trend has increased dramatically throughout the Great Recession. Now, 77 percent of companies say they permit and/or encourage flextime, up from 66 percent in 2005, according to the 2012 National Study of Employers by the Society for Human Resource Management and the nonprofit Families and Work Institute.

Almost 67 percent of those surveyed said they permit employees to work from home on occasion, bringing a 34 percent increase in the past seven years. The practice of overtime has shifted as well. Employers surveyed, 44 percent, said they now give employees a choice as to whether they work overtime hours or not. This has led to it becoming more acceptable for employees to turn down overtimes.

With the new flexible work arrangements come some potential pitfalls that employers must be aware of and avoid. Below are four things to keep in mind as an employer looking at flexible work schedules:

1. Follow the Established Rules. Our current wage-payment laws were put into effect years ago and were not designed with the new flex-time in mind. Be proactive and avoid unintentionally violations.
2. Update Your Recordkeeping Process. In order to have a successful and compliant flex-time program, you will most likely need to update your current time tracking system. Make sure that your tracking system can provide you with precise and accurate time stamps. When establishing the new system, make sure that all of your supervisors and employees are properly trained. Then you will have to discipline any who violate the new rules.
3. Overtime and Misclassifications. It is vitally important to keep track of all overtime hours worked, even for those employees who are on a flex-time schedule. The vast majority of litigation regarding flex-time is due to the employers classifying their employees in the wrong category of exempt or non-exempt. The basic rule to follow is all employees are to be presumed as non-exempt from overtime pay provisions of the FLSA, unless you can prove that a specific exemption applies directly to them.
4. Test the Program First. Before jumping in with a new flex-time program, give it a dry test run first. Inform all employees about the test run and remind them if the program is not a success, you will return to the old way. After your test run, analyze what worked, what didn’t, employee and supervisor feedback, pros and cons, etc., then make any needed adjustments.

Flex-time is proving to be a well-appreciated benefit to employees trying to strike the balance of work and everyday-life. For more information on how to set up a quality flexible work program at your company, call 770.248.0401.

Bring a Dog to Work Day

Want your office to go to the dogs the way some industry titans like Google and Amazon have?  It is estimated that roughly 1.4 million dog owners bring about 2.3 million of their pets to work with them daily. Pet-friendly work environments are becoming increasingly more popular and proving to have a significant impact on companies’ bottom lines.

There are many rewards for a company to become dog-friendly.

- WARM FUZZIES:

o Improved Quality of Life for Employees

o Increases Overall Office Morale

o Produces Team Bonding

o Relieves Stress

o Greater Employee Happiness and Satisfaction

- Employees who bring their dogs to work typically work longer hours, since they don’t have to worry about getting home to their pets.

- Productivity and Efficiency are greatly increased among employees who bring their dogs into the office with them.

- Workplace distinction that will separate you from your competition.

Moving towards a dog-friendly workplace may not be embraced by all employees. Some people do not like dogs, may have an allergy and/or are afraid of animals. It will be your responsibility as the employer to accommodate these people, too. This could be as simple as having a “dog-free” area of the office to installing a top of the line filtration system to diminish the effects dander and pet hair.

If you are going to create a dog-friendly workplace, there are a few things to keep in mind.

- Some industries may be prevented from having dogs by state law and/or local regulations.

- Make sure that your building will allow dogs inside.

- Obtain proper insurance to protect your company in case of injuries or damages.

- Create workplace rules regarding dogs, put them in writing as part of your Employee Handbook.

- Will you require proof of recently vaccinations? Free of fleas? Pet training?

- Will you permit all dogs in the office or those under a certain weight?

- Will the dogs be allowed in every part of the office?

- Where and how will dogs be kept if an employee needs to leave the office during the day?

- How will you deal with an aggressive dog?

- Create rules regarding cleaning up after the dogs.

If you are interested in becoming a dog-friendly workplace environment, start with a trial run. Invite your employees to bring their dogs on a certain day every week for a set period of time. See how it goes and affects your company. For more information, please contact Lowden & Associates, Inc. at 770-248-0401.

OSHA Annual Summary Posting by February 1, 2013

ATTENTION: OSHA expanded their scope and increased the amount of citations concerning the standards of recordkeeping. Employers who maintain the Occupational Safety and Health Administration’s 300 Logs for workplace injuries and illnesses must post their 2012 annual summary by February 1, 2013. Forms can be found on the OSHA website.

All logs must be certified by an approved company executive who is considered to be:

1)      Company Owner

2)      An Officer of the corporation

3)      The highest-ranking company official working at the establishment

4)      The immediate supervisor of the highest-ranking company official working at the establishment.

The annual summary report requires that employers include a calculation of the annual average number of employees covered by the Log. Also required are the total hours worked by all covered employees. The requirement allows employers to compare the frequency of a significant occupational injury and illness at their workplace compared to other companies.

OSHA Logs must be posted for three consecutive months from February 1^st to April 30^th, even at companies that have no recordable injuries or illnesses. Employers have the responsibility to ensure that the posted annual summary is not altered, defaced or obscured at all during the entire posting period.

In 2013, OSHA will stay with a focus on recordkeeping in its National Emphasis Program (NEP) and enforcement focus. Employers should take time to carefully review the forms for technical errors and review all other materials to confirm all recordable incidents have been included properly.

For more information, contact Lowden & Associates, Inc. at 770-248-0401.

Court Strikes Down NLRB Due to Unconstitutional Appointees

The short-term fate of the National Labor Relations Board (NLRB) is in real jeopardy as of Friday, January 25, 2013. The U.S. Court of Appeals for the District of Columbia issued a major blow against the NLRB in Noel Canning v. NLRB.

Led by Chief Judge David Santelle, the opinion was decided on purely constitutional grounds. They ruled that President Barack Obama’s three ‘recess appointments’ of NLRB Board Members in January of 2012 were not constitutionally permitted. The court ruled that the appointments were made when the Senate was not in recess and for “vacancies that did not ‘happen during the Recess of the Senate’ as required by Article II of the Constitution.” In the decision, the court cited the decision from the U.S. Supreme Court in the 2010 case New Process Steel v. NLRB, that without a proper quorum “the order under review is void ab initio (from the beginning).”

This case will most likely end up in the U.S. Supreme Court and if they side with the Court of Appeals, the judicial ruling could void every decision the NLRB has made since the last proper quorum. As of now, things look rather desolate for this government agency.

Board Chairman Mark Pearce (a non-affected appointee) released a defiant statement after the court’s decision vowing the board would “continue to perform our statutory duties and issue decisions.” If the ruling stands, this would put the NLRB in an even greater hole, creating even more cases that a future board will have to re-decide.

Lowden & Associates will stay on the developments of the NLRB’s fate and keep you posted. Stay tuned.

Five Steps to Cool Down Political Dustups in the Workplace

November 6, 2012 or Election Day is just over a month away and with that comes an increase in the workplace talk of politics. As everybody knows, politics can always generate strong emotions from people. This seems especially true this year as the partisan banter and divide is at an all time high.

Political Speech in the workplace can present difficult challenges for employers that can create an unproductive and divided workforce with lower morale. Also, strong political debates can offend clients whom disagree and take offense.

The question then becomes how can you tame down a politically charged conversation in the workplace without violating a person’s First Amendment rights?

Private employers have an easier time regulating political speech during working hours than their public counterparts. This is because free speech in the workplace is different than free speech outside. There are several laws that help break down the differences and where the limitations lie, such as the First Amendment, National Labor Relations Act, Election Laws, State and Municipal Laws, Civil Rights Act, etc.

So, what is an employer to do to protect themselves from the pitfalls of workplace political comments? There are five steps you can start implementing today.

1) Education is key to a lot of things, political speech is no exception. Start with retraining all of your employees on the basic and relevant policies on anti-harassment, anti-discrimination, equal employment opportunity, etc.

2) Encourage accountability. Have employees help be your eyes and ears by reporting anything they feel is politically harassing or violating, so you can take steps to cool down political tensions.

3) Add to your corporate code of conduct. Let employees know they need to be respectful of their fellow co-workers political opinions and values; therefore failure to do so could merit disciplinary action against them.

4) Cover political apparel in your dress code. Political buttons, stickers and/or other campaign paraphernalia can spark a heated debate, so consider putting a clause addressing this in your dress code.

5) Do not push your views. Feel free to encourage your employees to partake in their civic duty to vote but be careful not to cross the line in convincing them to vote or financially support a particular candidate and/or cause. The persuasion could be viewed as a coercive activity by some and run in violation of federal and state election laws.

Workplace political dustups can be cooled down by being aware and following the five aforementioned steps. For more information on how to reduce political distractions in your office, contact Todd Weyandt at todd@laihr.com. 

Incivility Rising…Don’t Allow It To Affect Your Bottom Line

Do you look forward to going to work everyday because it is an engaging and friendly atmosphere? Or are you like the 86% of employees surveyed in a Jeannie Trudel study that said they had experienced some form of incivility in the workplace within the past year.

Unfortunately, incivility in the workplace is a more common problem than most people realize, and it is rising. This growing epidemic is not contained in just one particular industry or even just from a supervisor. The uptick in workplace incivility could be attributable to the pressures employees are dealing with under a still lagging economy.

Employees have more stress on them to be productive while working longer and harder, in most cases. Employers must be cognoscente of this issue to avoid it escalating into more aggressive or even violent behavior. Workplace incivility can have a major impact on the company from organizational commitment, job performance, turnover and retention.

The truth is very few employees will actually report workplace incivility to their respective HR personnel and/or managers. So it is up to the employer to keep a look out for signs of this behavior.

First, every company needs to make sure they have a specific and strategic plan in place to ensure civility is a part of the corporate culture. It all starts with the type of employees that you hire. Make sure you are screening for personality and/or conflict management styles.

Then, bring your team together for training on cooperation, role modeling and leadership. When teams are seasoned on these traits, they are often more willing to work in collaboration and are less likely to use uncivil behavior.

Incivility is a rising problem in corporate America with some disastrous side effects, but with just a few corrective steps you can stem the tide at your company. For more information, contact Todd Weyandt at todd@laihr.com. 

Are You Violating the NLRA with Your Social Media Policy and Don't Even Know It?

Most employers are unaware of the movement from the NLRB (National Labor Relations Board) against employers’ social media policies. Over the past couple years, the NLRB has become increasing active in the social media policy debate and has made several rulings against overly broad corporate social media policies. They are now monitoring not only the substance of the policy but the actions employers are taking. Employers are deemed in violation of the NLRA (National Labor Relations Act) if they prohibit an employee’s ‘concerted activity’ or discipline an employee for this.

The big question facing employers is what constitutes ‘concerted activities’? The NLRB has determined ‘concerted activities’ involve active, online conversations among multiple employees regarding work conditions. Also, the NLRB has struck down many anti-blogging and disruptive behavior employment policies for being overly broad prohibitions of protected activity.

The cases in which the NLRB sided with the employees have some common components. The first being they all involved employees who criticized very specific employment practices and/or work conditions. Secondly, these employees conducted conversations online, after work hours, on personal equipment, with personal accounts and off work property. Thirdly, and what appears to be most important to the NLRB, is all the cases involved multiple employees in the online discussions.

Though the NLRB has not released a guide for employers to use when drafting and enforcing their social media policies or disciplining employees, there are some precautions every employer can and should be taking.

1) Create a Specific Social Media Policy

2) Address Unique Practices and Concerns of Your Individual Business

3) Avoid Writing Catch-All Policies

4) Be Aware of Your Employees’ Social Media Presence

5) Fully Investigate Every Situation Before Disciplining Employees

6) Review Your Policies Periodically

For more information on this topic, sign up for Lowden & Associates’ FREE Social Media Policy Webinar on June 27, 2012 at 2pm. Register here. 

Legislative Update: NLRB Election Rule Change, Effective April 30, 2012

The National Labor Relations Board (NLRB) has issued a new rule that will expedite union elections in the workplace. This new rule cleared a federal judge’s injunction this past weekend and therefore has gone into effect, April 30, 2012.

The U.S. Chamber of Commerce has filed suit against the new rule. It is believed a formal ruling on the rule will be delivered before May 15, so no elections will have time to take place beforehand.

Under this new rule designed to reduce the unnecessary litigation, the election process for determining unions will be drastically shorter and more streamlined. Most eligibility reviews will take place after the election instead of before, like the past.

Also, this new rule gives more power to the NLRB Regional Directors and Hearing Officers who can speed up the process as well. Conceivably, under the new NLRB rule, an election process that use to take no less than six weeks could be finished in three weeks.

Unions will now have a substantial voting advantage over the employers. Employees will have to vote in a state of confusion and at the height of their ill feelings. Already, unions had a 70 percent success rate under the old rules and this percentage is likely to increase..

There are five ways to help prepare your company and no time to waste.

1) Review any and all current employee relation programs. Then make improvements so your employees are more engaged and happy.

2) Devise an effective and robust communication system to meet your employees in the channels they like (in-person, brochure, email, social media, etc.).

3) Reduce perceptions of unfairness and/or bias and show how much you care about your employees by they way they are managed.

4) Properly and continuously train your frontline managers on all the important changes, rules, best practices, etc.

5) Be on guard and prepared with a detailed proactive plan and message.

For more information, contact 770.248.0401.

Top 20 Benefits of HR Outsourcing

20) Two million employers in the United States outsource their Human Resource functions to a Professional Employer Organization (PEO).


19) Over a third of employers have external HR Solutions to gain access to world class capabilities and resources they do not have internally.


18) The average median cost to administer HR internally for companies with less than 250 employees is $1,469 per employee per year.


17) Ability to follow a proven path to better employee productivity and engagement.


16) Gain access to accredited management training programs.


15) Third party intervention available for sensitive disciplinary actions.


14) Have HR experts on the more than 40,000 pages of federal employment regulations plus thousands more of state and local regulations.


13) 150,000 lawsuits related to the workplace are currently pending in court against U.S. businesses due to lack of proper Human Resources.


12) The employee prevails in 60% to 70% of all cases that go to trail because of a lack of proper internal HR documentation.


11) The average amount of damages awarded to workers who sue their employers is $650,000, in addition to the average litigation costs of $75,000.


10) Have seasoned professionals guiding you out of the liability minefields of federal and state employment regulations.


9) LAI keeps clients out of trouble and law suits by being proactive and insuring compliance at all levels.


8) Rely on a deep pool of HR expertise totaling almost 100 years of Human Resource experience.


7) Streamline and simplify your Human Resource operations by consolidating many services into one point of contact.


6) Allows you to focus on growing your core business and let us handle your non-core Human Resource fundamentals.


5) Join the 25% plus employers who say they saved money by having an expert manage these administrative aspects of their business.


4) 60% to 80% of an employer’s time is spent on non-productive administration which means a loss of profits and neglecting vital strategic Human Resource opportunities.


3) Gain an entire team supporting your HR needs instead of one or two in-house HR personnel while having access to current best practices.


2) Employees do not have to wait until the in-house contact is available because an entire team will always be ready to help. This makes your team more efficient and productive.


1) Save money while gaining more knowledge and services to compete more effectively in the marketplace.

Recruiting Traps in Social Media

Social Media has become one of the top avenues for companies in their recruiting efforts. The Society for Human Resource Management found that 76 percent of companies used social media sites for recruiting in 2011 and more than half believe that social media is an effective way to recruit candidates.

However, with all the possibilities of social media comes an expansive minefield that can be set off with a wrong step. The problems begin to occur when companies go from sourcing candidates to using social media sites to screen or eliminate candidates based on the information found.

There are three main legal categories to warrant potential disputes.
1) Discrimination. Most people are well aware of the dangers of discrimination and make very conscious efforts to avoid any possible discriminatory practices. However, if you screen a candidate by visiting their social media accounts, you open yourself up to the possibility of receiving large amounts of protected information. Social media sites usually disclose vast amounts of information about a person from their race, gender, age, marital status, religion, politics, disability, etc.

 2) Fair Credit and Reporting Act Regulations. The FCRA provides specific details about requirements of employers and consumer reporting agencies for the screening process. Employers must follow all of these rules very carefully. First and foremost, they must receive permission from the applicant before any pre-employment check. Also, there are specific rules if any information found leads to an adverse hiring decision. Documentation must be kept accurately. The nature of social media makes this difficult to comply because the content is published and controlled by the consumers and can change at any time.

3) Negligent Hiring. It is possible that, if a violent workplace situation occurred in which derogatory information was public on the perpetrator’s social media profiles that could have shown the bad behavior, the employer might become liable for negligence since they did not use the information when the hiring decision was made.

So how can a company reduce these risks? It boils down to three categories you could fall into:
- Deny access to social media for all recruiting purposes
- Only use social media for sourcing candidates
- Use social media throughout the hiring process and create policies and procedures to avoid the dangers. 

For more information on how to avoid the traps in recruiting on social media, call 770.248.0401 or email Todd Weyandt at todd@laihr.com.

Who Owns Your Twitter Account?

Who owns content published on social media sites?

Now, before you answer the question it is not as cut and dry as you may think. In fact, nobody is 100 percent sure of the answer. There are few laws and decided court cases that can help reach a definitive answer. In the meantime, the amount of lawsuits being filed is increasing as employers and former employees fight over Twitter handles and followers.

When looking at Twitter ownership, the function of the site is crucial. What is the primarily reason for the site? Is it to share personal information and occasionally pass along a company article? Or, is it to drive up sales, marketing, branding, etc. for a company? If the site is decidedly for business, the company has a much stronger claim on ownership.

However, a recent example does cast a shadow over the ownership dispute. In September of 2011, a company called PhoneDog Media filed a suit against their former editor-in-chief Noah Kravitz claiming that he unlawfully changed his Twitter handle (name) from @PhoneDog_Noah to @noahkravitz when he left the company. In their claim, PhoneDog said Kravitz owned $340,000 for all of the followers associated with the account ($2.50 for each of the 17,000 followers when he left per month for 8 months).

The question being bounced around in the courts is does PhoneDog have a claim to that Twitter account when Kravitz created and maintained the handle entirely by himself?

To reduce the risks of a messy legal battle like PhoneDog–v–Kravitz, companies need to make their social media policies very clear about their intentions of who owns the content and followers from the beginning. A best practice is to enter into separate agreements with those employees who have Twitter handles and followers that the company claims to own, making sure everybody is on the same page. Leave nothing to assumption or ambiguity in your social media policies.