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.

Age Discrimination and Compliance (ADEA)

Age Discrimination and Compliance (ADEA)

The current economy and the changing roles of older family members are just a couple of reasons why older Americans are re-entering or remaining in the workforce.  Because of this, it's imperative that those who are hiring have a good understanding of age discrimination.  The Age Discrimination in Employment Act (ADEA) prohibits age discrimination in employment with respect to hiring, firing, layoff, promotion, transfers, compensation, benefits, job assignments and training of anyone age 40 or older.

Age discrimination includes:

-Hiring only younger workers.

-Providing younger workers with better employment terms or conditions.

-Younger workers are the only ones promoted or offered better job opportunities.

-New training intiatives exclude older workers.

-During layoffs or restructuring, younger workers are retained while older workers are not.

During the interview process, be aware of questions that are potentially discriminatory, such as:

-How old are you?

-What year did you graduate from high school?

-Are you a Social Security recipient?

Older workers will more than likely have more experience and/or education than their younger counterparts.  How do you address the "overqualified" during the interview process to ensure that the person would be a good hire?  Questions that are "safe" to ask may include:

“How will you be challenged in this role?” and “What are your salary expectations?”

For more information about hiring, compensation or benefits please feel free to contact Jeff Garr, CEO at HR Knowledge www.hrknowledge.com or Call 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.

The Change Process in HR and Proper Communication

HR professionals play an essential role in organization's change process.   Whether the change is of a more "positive" nature, such as in an expansion, or a "less than positive" nature (which is what we're seeing more often in today's economy) and the result of acquisition, workforce reduction or dissolution, change initiatives must be communicated well so that employees understand their role and how it relates to the company's objectives.

HR professionals are the educators and communicators of any change plan.  Employees NEED to know the details - when and why the change is taking place and how they will be affected. 

Since management is going to concentrate on the business aspects of the change, it's the job of HR to focus on the human aspects by bringing employees up to speed and keeping them informed in order to avoid misconceptions, alleviate fears and preserve morale.

HR must take these important steps:

• Strive to create an understanding among employees that management will share information as it becomes available, but that during the change process, the future may be just as uncertain for them as it is for employees.
• Work with senior management to hold employee meetings where employee questions are encouraged and management provides honest, straightforward responses.
• Present any information regarding changes in employee benefits or compensation in an easy-to-understand manner.
• It's imperative that management maintain a high level of trust among employees.  It's HR's responsibility to help cultivate that trust.

Organizational change is a very emotive event for all involved.  It's the role of HR to act as the organzation's "quarterback", facilitating communication between management and employees and successfully leading the team through the change process.

For questions or more information about HR Outsourcing and its value please contact www.hrknowledge.com or 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.

Top Reasons Companies are Struggling with Staffing

How are companies going to handle the increased demand for qualified candidates when so many companies are struggling with staffing now?  Why are these companies struggling?  Here are the top reasons:

Feast.  With the economic downturn, employers have been faced with a deluge of job applicants and the vast majority of these applicants are not suited to those job positions. 

Famine.  Skilled people are still hard to find, even in this economy. Many positions go unfilled simply for a lack of qualified candidates, particularly in many skilled trades.

Fewer “job changers”.  Many people are risk averse in today’s economy and would rather play it safe and stay with a current employer than risk a job move.

Benefits costs are soaring.  An increasing number of employers are deciding to put off hiring or rely on temporary workers to avoid such uncertainty.

Reluctance to fill vacant positions causing increased employee stress.  With companies reluctant to hire, the workload of existing employees, with regard to the scope of responsibilities and total number of hours worked, is increasing noticeably. 

Increase in litigation by the unemployed.  When faced with the loss of employment and income, people are much more apt to seek legal redress than when jobs are plentiful. 

Low levels of employee commitment and productivity.  Studies suggest that employee loyalty is at an all time low, due largely in part to the prevalance of downsizing.   Such feelings generally result in decreased productivity; reduced attention to the quality of work and increased risk for customer dissatisfaction.

Perhaps the answer to the staffing challenges of feast or famine lies in retained searches.  These days, retained searches are typically conducted for only the highest levels of staff, namely the CEO, CIO and CTO.  There seems to be a reluctance to use retained searches for non-senior staff.  The argument being that qualified applicants may be found by employee referral or via Craigslist and similar mediums. 

Or, maybe less technology, more “hands on” is the answer.  Could it be that the candidate selection process depends too much on technology and companies are inadvertently eliminating qualified candidates solely on the basis of not having enough “key terms” listed in their electronically submitted resumés?

Thankfully, a few of the staffing problems we mentioned should resolve on their own in time as the economy improves.  We should start to see an improvement in employee productivity and loyalty; people who are more willing to change jobs and a decrease in employee stress as vacancies are filled and the workload is redistributed.

By Jeff Garr, CEO and Frank Zych, Director of HR Services, HR Knowledge, Inc.

To read more, visit http://www.busex.com/article/operations-human-resources.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.

How do we navigate employees’ use of social media sites?

 

 

Employees should be reminded that Social Networking Sites are a public forum and that there is no entitlement of privacy. As a result, employees have a duty to always act in a way that will encourage public trust and confidence. This extends to both personal and professional activities.  They must be made aware that posting any financial, confidential, sensitive, or proprietary information about the company on any Social Networking Site is prohibited and enforced.  While on company time, employees are expected to work on company related business.  Therefore, it should be made crystal clear to employees that if they are found blogging, tweeting or posting on social networking sites on company time, they will be subject to disciplinary action up to and including termination.

All companies should adopt a Social Media Policy.  Once your Social Media Policy is in place, ensure that your employees have read it by making it mandatory that they sign a copy of the policy itself and then keep it in their personnel files.  Be sure to make your employees aware that the company may even take steps to monitor Social Networking, as employees are not anonymous when engaged in it, and as such may potentially take action if violations of the policy are identified.

For a copy of our free HR Social Media Policy, visit http://www.hrknowledge.com/free-hr-social-media-policy-/

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.

Employee/Employer Benefits Costs are too High!

Trends in Employee Benefits -

More and more business are moving to medical plans with deductibles. Medical plans with deductibles generally provide lower premiums for the employer and employee.  The challenge faced with a deductible plan is that employees have to burden a greater portion of the insurance costs.  There are ways to help manage this by utilizing an outsourced HR Service provider like HR Knowledge, Inc.

A recent trend to help curtail the rising costs of health insurance is to increase the deductible, but to also implement a Health Reimbursement Arrangement (HRA). By doing so, the premiums are further reduced due to the higher deductibles, but the company “self insures” a portion of the deductible through a HRA. The HRA protects the employee as the company shares in the deductible expense. We are seeing premiums decrease by 10-20% when this strategy is implemented. After paying its portion of the HRA, a company will likely see savings of 5-10% while maintaining strong benefits.

As a licensed broker providing "Best in Class" benefits, HR Knowledge, Inc. can help your company contain costs, minimize risk, and relieve the HR administrative burden. For more comprehensive guidance on a HRA, 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.