Outsourced human resources can assure your organization is on top of the changes and requirements and mandates by government entitites. Especially due to the Patriot Act and other legislative changes, the forms and retention laws change rapidly.
An updated Form I-9, Employment Eligibility Verification, was issued on March 8, 2013 by U.S. Citizenship and Immigration Services (USCIS). Although there is a 60 day window before the new form is mandated for use by employers, the form is available for employers to use immediately. The deadline for implementing the new form is May 7, 2013 and employers who continue to use the old form after that date will be subject to fines and penalties.
Some of the changes to the newer I-9 are contained in the two page document. There are additional fields required for data, including passport info in some circumstances and sections for employee email address and phone number, listed as optional.
There is also clarification regarding the list of acceptable documents and the types of documents which can be utilized, as well as updated and expanded instructions.
The Immigration Reform and Control Act of 1986 (IRCA or the Act) was amended by the Immigration Act of 1990 and the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRIRA). IRCA defines penalties for employers who hire or employ unauthorized workers. Generally employers are required to have a Form I-9 filled in no later than the first day of employment. Within three business days, the employee must have submitted all documentation and the employer must have reviewd to establish the employee’s identity and eligibility for employment.
The I-9 is important for employers to garner and retain. Employers are responsible to retain properly and fully completed form I-9 on file for current employees as well as separated employees for the required time period or face penalties or fines or even criminal charges.
Being compliant is one way that it helps to work with an outsourced HR company that can assure your organization operates with the most recent updates and changes to Federal, State or local business requirements.
HR Knowledge is a provider of integrated HR, payroll and benefits services. Our offices are located in the Boston, MA metro area and we service companies throughout the United States.
Posted by
Jeff Garr on Sun, Apr 07, 2013 @ 10:06 PM
Human resource expense can be a sticky point of controversy putting human resources and the CFO on oppostite sides of the table. To be efficient and strategic, it's important to evaluate the CRO and human resources relationship as a partnership.
Human capital is the single greatest expense for many organizations, and CFOs are looking to manage costs, so it would seem from the start that HR and finance executives are at odds. But it doesn’t have to – and shouldn’t – be this way. With new tax laws, healthcare reform, and looming mass retirement on our doorstep, it’s more important than ever for HR and finance executives to work together.
Perhaps a better viewpoint is to appreciate that both sides play pivotal roles in ensuring the financial future of their company. Employees help generate revenue and profits. While CFOs develop and execute cost strategies, it is HR’s responsibility to manage the value of people costs. When in sync, HR and finance can advance the company’s business mission and bottom line.
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Focus on the business needs
The foundation of an effective CFO-HR relationship is rooted in the needs of the company. By starting with a clearly defined business plan, HR can effectively evaluate intellectual capital needs and develop appropriate strategies within the context of budget and stated business objectives. Consequently, HR will be viewed as a business driver, rather than merely a “people person.” With mutual respect and a shared vision, both finance and HR executives can work together toward the same goals.
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Know your strengths
HR takes the lead in driving an organization’s performance, which includes recruiting talent, improving systems and processes, and bolstering leadership capabilities. Some HR professionals are bringing to bear financial acumen in addition to broad HR knowledge and skills. And, those HR leaders who show a strategic mindset and organizational development skills are particularly valued as colleagues by finance executives.
Conversely, the CFO is focused on the costs of running an organization, how to generate revenue, and forecasting financial performance. In managing the financial side of the business, CFOs aim to manage expenses, which may include reducing labor and benefits costs. At a minimum, CFOs want assurances that investments in training and other initiatives cost appropriate amounts and achieve objectives. HR leaders should recognize these parameters, understanding that they are in a position to help CFOs look beyond spreadsheets when weighing options.
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Think like a team
Forget about turf wars and preconceived notions. More can be accomplished if you join forces to achieve business goals.
In fact, as a result of the recession, many finance executives are more closely involved with or managing projects in the HR department. This new dynamic is an ideal opportunity for HR leaders to become catalysts. HR’s ability to think big picture and offer some business perspective is invaluable in a post-recession economy.
If, for example, the goal is to determine how healthcare reform will impact an organization’s bottom line, CFOs can research the economic impact of changes to benefits plans. HR executives are in the best position to know how employees may feel about different benefits programs and compensation packages, and can help CFOs understand the overall value that benefits packages offer employees.
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Speak the same language
HR folks can establish common ground with CFOs when they speak the same language. While HR may not always understand the cost implications of a program or initiative, CFOs may not be aware of the impact to workplace morale, productivity and demographics. But when they work together, they develop strategies that deliver the greatest total value to the company.
HR leaders must be prepared to state their business case effectively when discussing strategic issues. When HR identifies, understands and reports the cost of an initiative, CFOs listen. Together, using the language of “metrics,” they can reach a strategic decision.
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Encourage open communication
To forge a lasting CFO-HR partnership, open, honest and transparent communication is needed. Weekly meetings, informal discussions, and approaching one another as trusted advisors will go a long way towards building a strong bond.
In the end, a strong HR and finance partnership can be a significant competitive advantage for any organization. With cooperation from both departments, finance and HR can work effectively together to effect change and drive revenue.
About HR Knowledge, Inc.
HR Knowledge, Inc. is an administrative services organization (ASO) that provides clients with integrated, affordable HR services including payroll, employee benefits, and human resources management. Supported by its signature “concierge client service,” HR Knowledge serves clients that lack the internal resources to address the vast array of complex HR issues, including among others, small- to mid-sized businesses, nonprofits, charter and private schools, and high tech companies. By partnering with HR Knowledge, organizations are able to better control capital costs, minimize legal risk, and operate more efficiently.
Material discussed in this article is meant to provide general information and should not be acted on without obtaining professional advice tailored to your firm's individual needs. The information is for general guidance only and is not a substitute for professional or legal advice.
HR Knowledge is a provider of integrated HR, payroll and benefits services. Our offices are located in the Boston, MA metro area and we service companies throughout the United States.
Posted by
Jeff Garr on Wed, Mar 27, 2013 @ 09:31 PM
Employee benefits programs don't have to break the bank. Offering simple rewards for employees can yield high motivation responses even if they don't dramatically drain the budget. Determining what can be a high yield incentive may be as simple as understanding human behavior.
For example, the warm days of summer are just around the corner. Many of our associates will be yearning to be spending time outside, especially after the long winter months. Just the thought of summer for those of us living in New England brings smiles to our faces – we don’t get enough warm and sunny days in these parts.
Employees truly love the opportunity to enjoy an "adjusted" summer schedule. This is a very low-cost employee reward that pays significant dividends with happy, productive employees. Especially for small businesses that may not be able to offer salary increases or bonuses during these challenging economic times, a flexible summer schedule is an important employee perk that tells staff they are appreciated. Additionally, as part of a recruiting strategy, summer hours can serve as an incentive to help attract top talent.
A Low-Cost, High-Reward Employee Perk
Summer hour policies are a great way to promote employee work-life balance and increase employee morale. For example, one of our clients increases the core hours by a half hour Monday through Thursday and closes their doors early on Friday afternoon. This is a benefit that allows their employees to use that additional time for summer fun with their families and friends, while still maintaining productivity in the workplace.
In fact, in a 2012 survey conducted by Opinion Research Corporation for AOC Marketing Research, 66% of employee respondents who have summer schedules feel they have a better handle on work-life balance during the summer, which frees them up to spend more time with their families. In some instances, employees will even take fewer vacation days as a result of having longer weekends and more flexible schedules, which translates to greater work satisfaction and productivity.
Tips for Creating a Summer Hour Policy
Creating a summer hour policy can be a way for both employees and business owners to enjoy the summer – however, we recommend that business owners carefully plan out summer hour policies before they put them in place to ensure they are developing a program that is a win-win for both employees and business needs. Here are some tips to make a summer schedule work for your organization:
- Start by asking your employees what incentives they would enjoy during the summer. If, for example, you offer a summer hours program and most employees cannot take advantage of it, there will be little benefit. Getting your employees involved in designing the program, through surveys or employee feedback, can increase the HR benefits and create a more meaningful HR benefit for staff.
- Identify which job functions can be completed on an adjusted schedule without causing a disruption in sales or service. Keep in mind that not every role is suitable for leaving work early or being absent on Fridays. Many positions, such as customer service jobs, are on a time schedule, and leaving early would disrupt operations.
- Determine the scope of the program. A summer hour policy can take various forms such as leaving early, working from home on Fridays, working a condensed workweek, or adding an extra half hour to the workday to accumulate for a day off. Your policy can also offer a combination of these options to meet the demands of different departments and individuals to ensure that everyone can take advantage of the summer hour policy without any disruption to your business.
- Be sure to craft a written summer hour policy. Outline who is eligible, what options are available, when the summer hours program comes into effect (such as June 1-September 1), and how employees can obtain approval. It is also important to explain the purpose of the policy, so everyone understands the purpose and parameters. Finally, establish protocols and procedures to help manage staffing during the summer months.
- Evaluate the program to ensure that the protocols and procedures are being followed, and the policy is having the desired effect.
If a business can create a summer hour policy that works for their organization, it is a great way to make employees feel appreciated and allow them to take advantage of those warm and all-too-short summer months.
HR Knowledge is a provider of integrated HR, payroll and benefits services. Our offices are located in the Boston, MA metro area and we service companies throughout the United States.
Posted by
Jeff Garr on Tue, Mar 12, 2013 @ 10:22 AM
You just landed a new job. Do you know what your employer expects from you in the first few weeks of your employment? Whether this is your first job or your dream job, here are several tips to improve your chances for success in the company during the first 90 days.
You have heard that “attitude is everything?” Well, for a person in a new job, attitude is the only thing! A positive, can-do, open and honest approach to both work and the people with whom you work is the most important first impression a new employee can make. You may lack institutional knowledge, and you may not be crystal clear on the corporate hierarchy or the full scope of your particular job, but you will win the immediate support and advocacy of your supervisors, if you:
- come in early, stay late.
- ask questions
- concentrate on learning everything about the job, the fundamentals first and then advancing knowledge
- volunteer for assignments
- speak well of the company and the people who work there
- suggest process improvements
- accept constructive advice positively
- be open to improvement
- be approachable
- set personal goals for achievement
- try to exceed expectations in every way
- ask for feedback, both positive and negative
- smile
Everyone knows that a newly hired person is not yet able to fulfill all their responsibilities. However, by demonstrating that they are willing to learn, willing to try and willing to interact well in all circumstances, the person is laying the foundation for success.
What can employers do to assist in a new employee’s transition?
Communicate, communicate, communicate and communicate some more. In order to give the new hire a solid foundation for success, an employer should share anything and everything that would be useful to the new person’s development. In addition to job descriptions, an employee handbook, training, and other documentation, the employer or HR manager should check in frequently with the new employee. Offer guidance and encouragement, and be sure that you:
- define your expectations
- give clear work direction and instructions
- articulate the company culture/values
- regularly update their progress (both good and where improvement is required)
- provide feedback you receive from others who work with or observe the person
- maintain an “open door” but more than that, encourage them to reach out to you, to ask questions to seek your guidance
- reaffirm that there are no “stupid” questions, provide positive and productive answers, ensure that they feel comfortable bringing issues to you
- continually set and re-set new goals (both major and minor) as they advance in their knowledge and capabilities
- encourage productive workplace behaviors and demonstrate those same behaviors in yourself for them to emulate
- allow them the opportunity to observe and participate even if their participation is not specifically required
By taking these actions, you are setting a clear road map for new employees to become valued and effective members of your team. The upfront work you put in will be rewarded many times over as the person develops the skills, knowledge and confidence required for long term success.
HR Knowledge is a provider of integrated HR, payroll and benefits services. Our offices are located in the Boston, MA metro area and we service companies throughout the United States.
Best practices for human resources have evolved over time, and we now recognize the first few days of employment as a critical period for new employees. Much of the success of recruiting and hiring can be minimized if the new associate does not assimilate into the organization and culture. To assure the maximum opportunity for success there are some best practices for initiating new employees to your organization.
Here are 5 best practices for human resources on-boarding new employees:
1. Put it in writing. Have an employee manual available for the new associate to learn what the organization rules are, and as a reference. To simply say you have a manual is not enough. A new associate is being presented with a lot of information at the same time. To the extent that you can furnish a written document that can be referred to at a later date is very helpful. It also can reduce liability and mitigate risk of any future issues arising from an associate indicating that they were not informed about a policy, such as vacation time or how to report in ill. Written policies will help the new associate learn about your organization.
2. Set Expectations. When your new associate starts, having a guideline regarding expectations will help enormously. Without a set of goals or understanding what the expectations are, the associate can become less productive. Having the guideline of what is expected sets goals for the new employee to be productive sooner.
3. Seek cultural fit. When interviewing and hiring, look for people who will fit into the culture of your organization. If your team is primarily detail oriented and focused, having a person who does not share that level of attention to detail is a recipe for disaster. Understand who may or may not be easily assimilated with the existing associates. Have the ability to fit into your culture as one of the things you seek in a qualified candidate.
4. Be consistant. If you have a policy and do not enforce it, it can be problematic in the short run as well as the long run. If ever called to defend the policy, be assured that deviations will be pointed out. Maintaining consistancy in enforcement sets clear boundaries and guidelines that are more easily understood, and which create the parameters for managing the team.
5. Understand motivation. Different people do things for different reasons. Some people are very goal oriented, some are money or award oriented, some seek recognition. An understanding of what will encourage and reinforce the desired behaviors of the team is important to effectively managing your employees. If you work with the appropriate motivation it's much easier than working against people. A willing and motivated worker is more productive and efficient.
Working with your employees and helping them to get up to speed quickly is a huge step toward happiness. It also helps to decrease turnover which can be a very expensive proposition. Your employees are an investment, so it makes sense to employ people who have the best chance for success, and then giving them the tools and opportunity to be successful.
HR Knowledge is a provider of integrated HR, payroll and benefits services. Our offices are located in the Boston, MA metro area and we service companies throughout the United States.
Posted by
Jeff Garr on Sun, Mar 03, 2013 @ 03:45 PM
Human resources departments and employers should be aware of changes to the FMLA act. On February 6, 2013, the 20th anniversary of the Family and Medical Leave Act’s (FMLA), the Department of Labor (DOL) issued updated regulations, optional notice and certification forms, and a new FMLA poster.
Employers should update their policies and post the new FMLA poster by March 8th, 2012.
The new regulations, which are effective March 8, 2013, incorporate or expand the military leave amendments of 2008. Key changes/updates include:
- Families of eligible veterans now have the same job-protected FMLA leave currently available to families of active military service members.
- More military families can now take leave for activities that arise when a service member is deployed.
- Parental leave has been added as a new leave category to the qualifying exigency leave. The period of leave to be granted for a service member’s rest and recuperation has been extended from five to 15 days.
- The definition of “serious injury or illness” now covers pre-existing conditions aggravated by military service.
- Private health care providers not affiliated with the military healthcare system are now authorized to issue FMLA certifications for military-related leave.
Changes to FMLA Eligibility Rules for Airline Flight Crew Employees
Under the new rules, airline flight crew employees are eligible for FMLA leave if they have worked (or been paid) for at least 60% of the applicable total monthly guarantee and have worked (or been paid) for at least 504 hours during the prior 12 months. Airline employees who are not flight crew employees must meet the standard eligibility standard of 1,250 hours of service in the prior 12 months.
New Forms
In connection with the final regulations, the DOL indicated that it has updated some of its model FMLA forms, including the model FMLA poster. The model FMLA forms are available on the DOL’s FMLA website.
Next Steps for Employers
Employers with 50 or more employees must comply with the FMLA.
• Update their FMLA policies.
• Replace their FMLA posters.
• Replace old notice or certification forms in their files with new ones
• Make sure all HR and leave administrators are familiar with the new changes.
Material discussed in this article is meant to provide general information and should not be acted on without obtaining professional advice tailored to your firm's individual needs. The information is for general guidance only and is not a substitute for professional or legal advice.
HR Knowledge is a provider of integrated HR, payroll and benefits services. Our offices are located in the Boston, MA metro area and we service companies throughout the United States.
Wrongful termination is one of those claims that small businesses dread. Sooner or later, every business has to face the fact that an employee must be terminated. Whether it’s due to downsizing or performance, there is always that concern that the employee will file a claim or attempt to sue to the employer.
How you handle employees during the termination process can have an impact on whether the employee decides to file a claim. Sometimes, the person may just be litigious and there is nothing you can do to prevent a bad experience, however with most circumstances a termination that is handled appropriately will go a long way to avoiding lengthy and expensive litigation.
Here are some tips and best practices to avoid wrongful termination litigation:
- Define work expectations. If the time comes to terminate the employee, it should not be a huge surprise. Documenting the process is important especially documenting progressive disciplinary measures. Regardless of whether your company is large or small, keeping records of the situation goes a long way to avoiding litigation, and it also ensures that appropriate procedures are followed. Having a system to identify performance objectives and advise the employee on whether they meet or don’t meet those criteria is helpful not just for termination, but also for training and motivating your staff.
- Terminate thoughfully. Even if the employee recognizes that they may be terminated the actual event may still come as a bit of a surprise. Keep in mind that it’s a form of rejection and not all people take rejection the same way. Try to position the termination in a way that helps the employee to understand that although they are leaving your employment, they may be happier in a position or with a company where they are better suited. That may not always work, but using compassion and empathy can go a long way. Also helpful is offering a severance or some way to help the associate for a short period of time. If you offer the severance, have the employee also sign a waiver or release in order to collect the package that is offered.
- Consider liability insurance. While liability insurance premiums can be expensive, they pale in comparison to the expense of defending a lawsuit. Defending a termination is always an expensive downside for the employer. If the suite cannot be avoided, it may make sense to consider negotiating a settlement versus going to court. Doing a cost-benefit analysis and discussing the case with counsel may be helpful, but even more helpful is having liability insurance. Understanding insurance options and what it covers is a prudent business decision. Be aware when selecting this insurance that you should ask for the right to select the attorney and also be sure that the insurance company must get your consent before agreeing to a settlement. You may also wish to have coverage that is per claim instead of per claimant.
- Follow the law. It’s not fun to be wrongfully accused and even if you know you have done everything right, you will still need to prove it. Be sure that your books are kept in order, and also that you obey government guidelines. Even things that seem simple, such as posting government required labor and employment materials can be the downfall to your defense.
- WRITE THE BOOK. Having an employee handbook with human resources guidelines and policies can go a long way to providing a defense. It’s hard to say something is the policy if there is nothing in writing. Employees should be given an employee handbook when they start, and should sign a document that indicates their receipt and acceptance of the policy manual. In creating the manual it’s good to work with an outside consultant or counsel with human resource knowledge and employment law experience.
- Train your team. Be sure that your employees understand how to communicate without the stigma of discrimination or harassment. Knowing the responsibility of being an employer or a manager and using effective and efficient communication should be the subject of training your team. If your associates are trained and they understand what their responsibilities are they will be happier in their job functions.
Assuring that you are in compliance and having a plan in place for terminations will go a long way to avoiding wrongful termination suits and defending against them if it happens. Of course, the best case scenario is to have all employees understand where they stand with no surprises.
HR Knowledge is a provider of integrated HR, payroll and benefits services. Our offices are located in the Boston, MA metro area and we service companies throughout the United States.
Posted by
Jeff Garr on Thu, Feb 21, 2013 @ 09:22 PM
Human resources hiring best practices are important in difficult job markets as well as competitive job markets. Although many experts believe that the US economic recovery is underway, unemployment rates remain alarmingly high. With so many people out of work, there is intense competition for every job opening, and it is challenging for HR managers to identify the ideal job candidate amid the tsunami of job applicants and resumes.
Hiring the wrong employee is costly and time consuming, and can be damaging to an organization’s morale, reputation and productivity. Conversely, hiring the right employee has a positive impact on your total work environment -- from corporate culture to the company’s bottom line.
Here are four tips to keep you on track for sourcing, evaluating and hiring the right employee in today’s competitive job market.
- Have a Strong Hiring Strategy. Conduct a thorough job analysis that defines the duties, responsibilities, necessary skills, outcomes, and work environment of a particular job. Involve all the stakeholders who will interact with or be impacted by the hire, so there is consensus on the job function from the start. Draft a well-crafted job description based on the results of your analysis. Use a checklist to track the progress of your recruiting initiative and to keep all constituencies updated, interested and engaged.
- Develop a Talent Pool. Begin forging and nurturing relationships with potential candidates before you actually need them. The more qualified candidates you can vet early during the recruiting process, the easier it will be to find the right employee when you need to hire. Job fairs, social media and traditional networking are effective ways to build and maintain a talent pool for your company. When you are ready to fill an open position, you can prescreen potential candidate against your job description, so you can weed out non-qualified candidates, and spend time with only the most qualified ones.
- Be a Skilled Interviewer. First, prescreen candidates by phone to save precious time, and advance only a select group to the in-person interview phase. Although the job interview is the key tool employers utilize in hiring, the process is imperfect if you don’t ask the right questions. Develop specific interview questions that will help you align the qualifications, skills, experience, and characteristics of the interviewee with the profile of the ideal employee based on the job analysis that was conducted for that particular position. Arrange for other stakeholders to interview the top-tier candidates, collect feedback and conduct a final evaluation to determine the best person for the job.
- Conduct Thorough Background Checks. Once you’ve identified the right job candidate and made a job offer, it is imperative that you conduct a background check. You will want to inform the prospective new hire that you will be doing a background check and that the job applicant will need to sign a release to allow you to do this. Rely on the background check to verify the candidate’s credentials, skills, and experience. The background check should include work references (former supervisors, peers and direct reports), education credentials, employment references and actual jobs held, as well as criminal/civil history. Depending upon the position being hired you will want to include a credit check, driver’s license history, lawsuit/litigation history, and workers compensation history.
You might want to ask the candidate the following question after you have offered him/her the job: “Will there be anything in the report that might alarm us as the employer? It is better if you tell us now so we are not surprised when we find out.” At this point, the candidate will likely indicate that there is nothing noteworthy, will disclose a particular issue, or may even remove him/herself as a candidate if there is an issue. This simple question can save you the time and money necessary for a background check.
Remember, the people you employ are your most important asset. Know exactly what skills, talents and qualities you need, then hire people who are smart, hardworking, ambitious and nice to be around.
HR Knowledge is a provider of integrated HR, payroll and benefits services. Our offices are located in the Boston, MA metro area and we service companies throughout the United States.
Posted by
Jeff Garr on Fri, Feb 15, 2013 @ 06:34 AM
Human resources and Medical Marijuana - now that it's legally approved for medicinal use, how does that affect employers? What about drug screening, or someone who uses marjiuana (medicinally) while working? Is there anything that you, as the employer need to know?
As of January 1, 2013, the Commonwealth of Massachusetts became the 18th state (since 1996) to approve physician-authorized cannabis (marijuana) for patients with certain medical conditions.
Not everyone can use marijuana, however. To qualify for medicinal use, a patient diagnosis must specify a debilitating medical condition. Conditions that potentially qualify include
- Cancer
- Glaucoma
- HIV-positive status or AIDS
- Hepatitis C
- Crohn’s disease
- Parkinson’s disease
- ALS
- Multiple sclerosis
Patients need written certification from a physician that the patient has a specific debilitating medical condition. Not all conditions would apply. The patient must ostensibly receive some relief with medical use of marijuana. So, not everyone will be potentially able to legally light up. The "legal" aspect is important - since the Massachusetts Attorney General has determined that this new law eliminates state criminal and civil penalties for the medical use of marijuana by qualifying patients. The law allows patients to possess up to a 60-day supply of marijuana for their personal medical use. Note that the qualification to be legal includes the medical diagnosis and prescription.
Until State Health officials issue regulatory guidance on use and availability of marijuana for medical use, employers should be alerted that drug screening may need to be handled in a more sensitive manner. With HIPAA (health Insurance Portability and Accountabiity Act) the employer must be careful requiring an employee to disclose any medical information. Consequently drug screening that reveals a positive for marijuana may not be due to abuse, but in fact, due to medical use. Pubic health officials are charged with issuing guidelines by May 1 that prescribe guidance for use and availablity of medical marijuana. Guidelines that deal specifically with handling drug testing are still being resolved.
New law requires new policies, and the legislation does address employer's marijuana policies -- Section Five, clause D reads: “Nothing in this law requires any accommodation of any on-site medical use of marijuana in any place of employment.”
Other states with medical marijuana laws have decided medical marijuana laws don't have to accomodate marijuana use, regardless of whether the employee has a medical condition. In fact, in several states, employers are not prohibited from terminating employees for violation of drug policies. In Ross v. Ragingwire Telecommunications, Inc., the California Supreme Court ruled that an employee (using medical marijuana) who failed a drug test was not wrongfully terminated.
In most instances if someone has an illness that requires ongoing medication, they may not be involved in the workplace, however, since it's unclear, as the employer, it's critical to update your policy manual to determine what is acceptable within your organization. Of course, comparing with applicable laws and staying on top of the changes to these laws will become more and more important.
While medical marijuana laws are still very new, and the legal community is still sorting through how to deal with the HIPAA and medical marijuana use versus drug testing, it appears that employers can still (for the time being) act upon employees failing their drug screening. Since this is an evolving area of the law, it will be important to stay informed with updates as they happen, and to understand how legal precedents may impact human resource departments and employee policy. Its important that as an employer, you review your current drug testing policies to ensure compliance with Medical Use of Marijuana Laws as they evolve.
HR Knowledge is a provider of integrated HR, payroll and benefits services. Our offices are located in the Boston, MA metro area and we service companies throughout the United States.
Harassment in the workplace has become an important concern for most business human resources departments. Legislation regarding anti-discrimination or anti-bullying is a priority on the list of strategic initiatives for the Equal Employment Opportunity Commission. Human resource best practices for harassment or discrimination complaints is focused at limiting exposure and complying with all Federal, State and local laws.
Employers anti-discrimination policies should specifically prohibit harassment, as defined by federal and state law. Simply having a policy is the first step. The policy must be communicated and distributed to all employees. Training initiatives to assure that all managers and employees understand the workplace policy is part of the process of assuring that employees know and understand the policy. In fact, having each employee sign that they have received the policy may also be important if you are ever challenged whether the policy was in force or effect if a problem arises
What steps should you take as an employer if you are concerned that a potentially harassing or discriminating situation exists?
- Conduct an internal investigation. Regardless of whether there is a formal complaint, it’s important that as the employer, you begin an investigation as soon as you are concerned a situation may exist. Sometimes an associate does not wish to come forward or file a complaint for fear of recrimination. If the employee requests that the information is “confidential”, it is still incumbent upon the human resources team to investigate to determine whether there is any evidence to prove or disprove the charge.
- Consult with Counsel. Better to be prepared to deal with the situation rather than find out that a step was missed that could potentially be a liability. Counsel will advise that you take the appropriate steps to protect your organization and to assure the associates involved are treated fairly and in accordance with applicable laws.
- Determine an investigation team. Whether you use in-house human resources or outsourced hr, the investigation should be conducted by trained employees who are empowered to conduct an objective, unbiased and thorough evaluation. If the team is from outside of the organization, the outsourced human resource professionals are less likely to be considered to have a bias.
- This is not the inquisition. Be sure that the employees understand that this is a fact gathering process and not an interrogation. Good communications can reduce or mitigate the exposure to potential liability. Keeping associates informed is always a good policy.
- Keep good notes. The team that is doing the investigation should maintain notes from their interactions with all associates. Detail the date, time and name of the individuals that were interviewed as part of the process.
- Witnesses are protected. Be sure that anyone who is involved as a witness understands that they are protected from retaliation. If an individual exposes the harassing or discriminatory conduct, they are also protected from potential retaliation.
- At the conclusion of the investigation, all information should be reviewed and the company must make a decision. Again, at this point, consulting with counsel may help to avoid any potential pitfalls.
- Once the decision is reached, all parties, the complainant and the potential offender should be advised of the findings of the investigation. A confidential file should be kept of all the information that was uncovered. The information should not be mixed in with any of the individuals file materials. The exception is that disciplinary actions or corrective actions should be added to the employee’s personnel file.
- Evaluate Policies. A thorough review of policies in place that may need to be updated should take place to avoid future situations.
Any complaints that are reported should be taken seriously, and the company must be thorough in order to investigate and determine whether an infraction has taken place. The parties involved should be treated fairly and according to company policy as well as any applicable state, local or federal laws. Periodically, policies should be evaluated to ensure that they are in keeping with any legislated or adjudicated changes that may have an impact.
HR Knowledge is a provider of integrated HR, payroll and benefits services. Our offices are located in the Boston, MA metro area and we service companies throughout the United States.