The HRK Blog

NLRB Requires New Legal Poster by January 31, 2012 for Employers

Compiance with the National Labor Relations Board  entails keeping up to date with their posting requirements.  There is a new posting requirement for all employers regarding a notice about the National Labor Relations Act. The posting is for all employers, whether unionized or not.

Employers are required to post by January 31, 2012 a notice regarding employee rights under the NLRB's NLRA (National Labor Relations Act.)

As with other required postings, this notice should be placed in a conspicuous location with the other labor and employment law posters.  The NLRB provides a template on their website which is available for download, at no charge.

For more information and a link to the required notice, please see http://www.gordonrees.com/publications/viewPublication.cfm?contentID=2265. Although a number of organizations are challenging the rule, at this point such challenges have only postponed, but not have not eliminated, the poster requirement. We will notify HELPLINE users if there is a change; until such time all affected employers should comply no later than January 31 of next year.

The poster is available for download at http://www.nlrb.gov/poster

This article was written by Jeffrey C. Garr, CEO of HR Knowledge, Inc. at www.hrknowledge.com.  For more information please contact us!

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.

NLRB Required Job Posting 1/1/31 for Employers

New Posting Requirement for Employers

Employers: Are you prepared?  There is a new posting requirement by the National Labor Relations Board.  This new rule affects all employers, regardless of union or non-union. 

By January 31, 2012, employers are now required to post a new notice about employee rights under the National Labor Relations Act. 

As with other labor and employment law posters,  the information must be posted in a conspicuous location. For information about size and content, and to download a template free of charge you can visit the NLRB website.

A number of organizations are challenging the rule, however at this point such challenges have only postponed, but not have not eliminated, the poster requirement. We will notify HR Knowledge, Inc. clients if there is a change; until such time all affected employers should comply no later than January 31 of next year.

The poster is available for download at http://www.nlrb.gov/poster and HR Knowledge will be providing all full-service clients with one at no charge. 

For more information about this posting requirement, to keep updated on other laws and regulations that can effect an employer, and tips to stay in compliance, please contact us.

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.

Company Fraud are there signs?

Can You Spot Someone Committing Fraud at Your Company?

Believe it or not, someone committing corporate fraud, or "cooking the books" is not that difficult to spot, once you know what to look for.  According to the study "Who is a Typical Fraudster?" developed and based on analysis of corporate fraud by KPMG International’s member firms, "fraudsters"  typically meet the following critera:

• 36-45 year old male in finance related role
• 10+ years longevity with the company
• Rarely takes vacations
• May only want to work with certain vendors
• Stressed-out most of the time

Also, their behavior is suspect:

• They cut corners
• They may have poor performance or make mistakes
• They tend to hire "Yes men" who will go along with whatever they say or do
• They seem to live well beyond their means
• They may exhibit signs of alcohol or substance abuse

Although this information is designed to give you an overview of someone most likely to commit fraud, it's imperative that you refrain from profiling.   HR execs must take measures to protect not only the company, but the employee.

During the hiring process please make sure you perform a background check on the people you hire, often times there can be a history in their past that might demonstrate some or all of the following:

• Criminal activity in the past
• Financial trouble for late payments to vendors
• Bankruptcy
• Employer Lawsuits for Workers' Compensation or an Employment Practice Lawsuit for Wrongful Termination

Checks and Balances in the workplace are vital to assist in prevention of fraud.  Always have a different person reviewing and balancing the checking accounts and monitor all cash and check writing capabilities.

For more comprehensive guidance on all things HR, contact HR Knowledge, Inc. at Sales@hrknowledge.com or call at 508-339-1300.

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.

Hiring Employees with I-9 Compliance

Our most recent hire worked for almost a full week before it was discovered that she failed to meet I-9 eligibility criteria.  How are we supposed to pay her?

It is a challenge to pay someone for work performed when there is no proper documentation, but she must be paid, period.

The Department of Labor’s (DOL) states “work not requested but suffered or permitted to be performed is work time that must be paid for by the employer…The reason is immaterial. The hours are work time and are compensable.”

And, regardless of her I-9 status, the Internal Revenue Service (IRS) expects you to withhold payroll taxes.

There's really only one way to avoid this type of situation and that is by planning carefully.  Here are some tips to follow in order to ensure there is no violation of the Fair Labor Standards Act or IRS rules:

• Pay the employee to ensure you fulfill the requirements of DOL and IRS.  You may pay the wages owed the employee in cash or by check (via the company's payroll system) minus the amount deducted for taxes.
• When hiring, be sure to require work authorization PRIOR to the commencement of work
• Obtain and complete ALL paperwork on new employees BEFORE any work is performed, which of course includes the I-9.  And, be sure Payroll has a copy of the employee's Social Security card on file

For more comprehensive guidance, contact HR Knowledge, Inc. at Sales@hrknowledge.com or call at 508-339-1300.

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.

Health, Disability, Life, Dental, Vision Insurance: paying too much?

Do you know if you are overpaying for your company sponsored Health, Dental, Life & Disability plans?

One question we frequently hear from potential clients is - "Is there is any way to tell if our sponsored group benefit plan rates are set correctly by the insurance companies?"  The answer is "yes".  And, there's also a way to find out how much profit your insurance company yields from your company premiums.

At HR Knowledge, we consistently reduce premiums of group benefit plans through our proprietary algorithm which can accurately determine the profitability of your group plans with the carriers.

Here are a couple of examples of companies we have helped:

A major health insurance company assessed that for the $3 million that Company A received in premiums, the insurance company had paid out $3.3 million in claims and associated expenses. The health insurer was requiring an annual

premium increase of $385,000. After running the plan financial data through our proprietary algorithm, we were able to leverage the results to secure a reduction off Company A’s renewal of $400,000, which actually resulted in a rate reduction for the client.

A major health insurance company received $1.9 million in premium and paid $2.275 million in claims, a loss of $375,000. They were requiring an increase from Company B of $271,000.  After running the group’s plan data through our proprietary algorithm, we discovered that the losses were not as high as the insurance company had represented.  The renewal increase was subsequently reduced to $100,000.

How we can help your company?

• We can review your benefit costs, provide a detailed analysis utilizing the proprietary algorithm to accurately determine the profitability of your group plans with the carriers.  Then we'll determine more equitable pricing of these benefits. 

• This analysis helps HR Knowledge negotiate your benefit group plan rates with compelling indisputable data, that the carrier underwriters clearly understand and adopt to ensure more AFFORDABLE pricing on your benefits

We impact 80% of the companies we analyze, yielding substantial savings on benefit plans.  To receive a no obligation quote or “second opinion” on your group benefit plans, contact HR Knowledge at 508-339-1300

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.

Sexual Harassment in the Workplace Prevention

 

HR Knowledge recommends annual training on Sexual Harassment in the Workplace.  Companies are required to have a Sexual Harassment Policy in force as required by Federal Law.  Here are the necessary steps required and suggested to prevent Sexual Harassment in the workplace:

1.  Maintain an Employee Guideline that includes a Sexual Harassment Policy.

2.  In the Guidelines there needs to be key elements which should include investigation if necessary and non-retaliation as retaliation can put the company in a greater risk position than they were with the alleged original offense.

3.  Ensure that all employees sign off on and accept/receive the Employee Guidelines which should include the Sexual Harassment Policy.  Keep this signature page in a safe and secure place.

4.  Annual Sexual Harassment Training for the employees at your company.  The training should mention and review the do's and don'ts for Sexual Harassment and what could be construed as Sexual Harassment.  The purpose is to create and maintain a positive and healthy work environment for all employees.

5.  Once the training is completed please have each employee sign off that they did attend the training and keep this on file.

6.  Finally, we recommend that companies purchase an insurance policy called EPLI (employment practice liability insurance).  This insurance will protect the company from claims made against the company for Sexual Harassment, Wrongful Termination, Discrimination in the workplace and other type employment related practices.  Without this insurance company's will have to pay for their own attorney and pay for any claims awarded for an employment practice lawsuit.  This is the only insurance to our knowledge that will protect you from employment practice lawsuits.

Note:  we are not property & casualty insurers nor experts on this insurance please consult an insurance agent for more information on EPLI Insurance.

If you follow these easy steps you are more likely to prevent a major catastrophe in the work place as related to a Sexual Harassment Claim, in addition should a claim be made you will be on a far less slippery slope and be better prepared at losing time and money due to one of these claims.

Sexual Harassment Claims and awards can amount to a great deal of money so prevention and education are vital in protecting the company, it's managers and ownership. 

HR Service Companies can provide this sort of training for you on an annual basis so please consult one for more information. 

HR Knowledge, Inc. can be contacted at www.hrknowledge.com or 508-339-1300.

This article was written by Jeffrey C. Garr, CEO at HR Knowledge, Inc.

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.

Federal Tax Credit in MA is your company Eligible and Compliant?

Did you know that if you're a "for-profit" employer in Massachusetts, you may be eligible for a federal tax credit through the Work Opportunity Tax Credit program (WOTC)?

Essentially, the WOTC program was developed to help qualifying individuals get a job.  Employers who hire a qualified individual will be entitled to a credit on their federal taxes.

According to the Executive Office of Labor Workforce and Development (EOLWD), qualifying individuals include:

-A member of a family that is receiving or has received Transitional Aid to Families with Dependent Children (TAFDC) benefits or Temporary Assistance to Needy Families (TANF) for any 9 months during the 18-month period that ends on the hiring date.
-A veteran who is a member of a family that is receiving or has recently received food stamps and certain qualified disabled veterans.
-A recently released ex-felon.
-An 18 to 39 year old resident of one of the 105 federally designated Empowerment Zone/Renewal Communities.
-A vocational rehabilitation referral who completed or is completing rehabilitative services from the Commonwealth of Massachusetts, an Employment Network, or the U.S. Department of Veterans Services.
-A 16 to 17 year old Empowerment Zone/Renewal Community resident hired between May 1 and September 15 as a Summer Youth Employee.
-An 18 to 39 year old member of a family that is receiving or has recently received food stamps.
-A recipient of Supplemental Security Income (SSI) benefits.
-A recipient of long term family assistance.

The credit may be up to $1,200 for a hired summer youth, $2,400 for a newly hired adult and $4,800 for a newly hired disabled veteran.

Prescreening is required and the employer and the qualified worker must sign form 8850, the
Pre-Screening Notice and Certification Request for the Work Opportunity Credit.  Act quickly because these forms must be sent to the Division of Career Services within 28 days of his/her's first day of work.

Find out more by visiting EOLWD website at www.mass.gov.

www.hrknowledge.com

508-339-1300 for more information call today!

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.

Background checks: How far can you go?

Background checks: How far can you go? - Jun. 13, 2011

Issue: Your company is opening a new branch office and getting ready to hire workers. You would like to conduct background checks to get more information on the candidates in order to make informed decisions. What is permitted when checking applicants’ background and work history?

Answer: Employers do not have unlimited rights to investigate applicants’ backgrounds and personal lives. If individuals’ privacy rights are violated, they can take legal action against you. The following list summarizes the types of information that employers often consult as part of a pre-employment check and the laws governing access and use for making hiring decisions.

• Credit reports. Under the Fair Credit Reporting Act(FCRA), employers must obtain an employee's written consent before seeking an employee's credit report. If you decide not to hire or promote someone based on information in the credit report, you must provide a copy of the report and let the applicant know of his or her right to challenge the report under the FCRA. Be aware that some states have more stringent rules limiting the use of credit reports.
• Criminal records.To what extent a private employer may consider an applicant's criminal history in making hiring decisions varies from state to state. Because of this variation, you should consult with a lawyer or do further legal research on the laws of your state before probing into whether or not an applicant has a criminal past.
• Lie detector tests. The Employee Polygraph Protection Actprohibits most private employers from using lie detector tests. The law includes a list of exceptions that apply to certain sensitive businesses that provide armored car services, alarm or guard services, or manufacture, distribute, or dispense pharmaceuticals.
• Medical records. Under the Americans with Disabilities Act,employers may inquire only about an applicant's ability to perform specific job duties and cannot request an employee's medical records.
• Bankruptcies. Bankruptcies are a matter of public record and may appear on an individual's credit report. The Federal Bankruptcy Actprohibits employers from discriminating against applicants because they have filed for bankruptcy.
• Military service.Military service records may be released only under limited circumstances, and consent is generally required. The military may, however, disclose name, rank, salary, duty assignments, awards, and duty status without the member's consent.
• School records. Under the Family Educational Rights and Privacy Actand similar state laws, educational records (such as transcripts, recommendations and financial information) are confidential and will not be released by the school without a student's consent.
• Workers' compensation records. Workers' compensation appeals are a matter of public record. Information from a workers' compensation appeal may be used in a hiring decision if the employer can show that the applicant's injury might interfere with his ability perform required duties.

Source: U.S. Small Business Administration; http://www.SBA.gov.

www.hrknowledge.com

508-339-1300 Call Today for More Information!

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.

Fragrences in The Workplace Could it be an Issue?

The Fragrance-Free Workplace

With the lower standards for disability, due to the ADA Amendments Act, individuals with medical conditions that make them fragrance- or irritant-sensitive might be covered by the Americans with Disabilities Act (ADA) as having an actual disability and entitled to reasonable accommodation in the workplace.

Although the request for a fragrance-free work environment may seem to some to be highly unusual, perhaps even unreasonable, employers who receive requests for fragrance- or irritant-free environments should consider the request and determine various ways to potentially implement the request or otherwise satisfy the employee’s fragrance concerns.  If a worker’s request is going to be very difficult to implement, its recommended that employers obtain sufficient medical information from the employee and then determine if they fall within the ADA's definition of disability.

One way to accommodate employees requesting a fragrance-free environment would be to create a fragrance-free policy, to the effect of:

"The use of heavy perfumes and/or colognes may be a potential irritant to co-workers, whether or not they are disabled, and as such, employees are encouraged support a light fragrance or fragrance-free work environment for the benefit and comfort of all employees."

Irritants in the Environment

The irritant might not be fragrance worn by co-workers, but chemicals within the environment, such as carpeting.  In this case, employers are encouraged to consult an environmental expert for suggestions on how to create a sufficiently irritant-free environment for the employee to work.

An irritant could also be a particular food odor, such as popcorn or peanut butter, which for some with extreme food sensitivities can trigger an allergic reaction.

Whatever the case, whether there is an issue of fragrance, irritants or food allergies, employers are not required to institute completely fragrance-free workplaces, nor are they required to bar workers from using perfumes or other scents.  But. be aware that it is much easier to prove disability under the ADA Amendments Act, which entitles a fragrance- or irritant-sensitive worker to reasonable accommodation.

This installment of our blog is partly a summary of the article "Employers Have Options When Accommodating Fragrance Sensitivities" authored by Allen Smith, J.D., SHRM’s manager of workplace law content.

For more comprehensive guidance, contact HR Knowledge, Inc. at www.hrknowledge.com or Sales@hrknowledge.com or call at 508-339-1300

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.

What Employer Should do if an Employee Advises of a Medical Condition

Question:

What must HR do if an employee advises of a medical condition?

Answer:

Full Question: If an employee advises her supervisor/manager that she has been diagnosed with a medical condition (MS), but has not provided any documentation or advised that she is unable to perform her job, is there anything that HR must do? The supervisor did advise her that she may want to see HR if she has any questions, however, she has not done so. Also, she does not have any personal/vacation time remaining for the year and this condition. Answer: If the employee in question has merely disclosed her medical condition, but has not requested a reasonable accommodation, and if it is not obvious that she needs one, the employer should simply continue to treat her as it would any other employee, and as it would have treated her had she never made known her condition. Unless and until the employee requests a reasonable accommodation, or it becomes clear to the employer that she needs one to perform essential functions of her job, the best thing to do is to just ignore the fact that she has any disability at all. Treating the employee differently (better or worse) can create exposure to a disability discrimination claim and is ill advised. To the extent she subsequently seeks reasonable accommodation or the employer, based on objective evidence (and not rumor or speculation), reasonably believes that she may require one in order to perform essential functions or to prevent a direct threat, at that point the employer can and should explore with the employee what kind of accommodation she needs in order to be able to perform essential job functions, and whether such accommodation can be provided without undue hardship to the employer. The following guidance published by the EEOC may assist you in addressing reasonable accommodation and undue hardship, should it subsequently become an issue (it does not appear that it is now, based on the inquiry): http://www.eeoc.gov/policy/docs/accommodation.html. Also keep in mind that if the employee's performance slips or she engages in misconduct or a policy violation, the employer should not assume that her medical issue caused it, nor must the employer tolerate unsatisfactory performance or conduct merely because the employee has previously disclosed a medical condition. Indeed, while the fact of an employee's disability protects the employee against unfair treatment or discrimination in the workplace, it does not entitle the employee to any treatment that is better or more preferential. For specific guidance in managing performance and conduct of a disabled employee within the confines of the Americans with Disabilities Act, should this become an issue, please see: http://www.eeoc.gov/facts/performance-conduct.html. www.hrknowledge.com Call today for more questions 508-339-1300

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.