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.

IRS Mileage Rate Increased for July 1, 2011

IRS Increases Standard Mileage Rate for Last Six Months of 2011

The IRS has increased the standard mileage rate to 55.5 cents per mile for business miles driven from July 1, 2011 through December 31, 2011. The standard mileage rate is an optional rate that taxpayers can use to calculate their deduction for the cost of using an automobile for business purposes. The IRS usually sets the standard mileage rate annually but decided to make this special adjustment for the second half of 2011 because of the recent increases in gasoline prices. The rate is 4.5 cents higher than the 51 cent rate that was in effect for the first six months of 2011.

Self-employed people can deduct their business miles using the standard mileage rate or by calculating actual costs. To use the standard mileage rate, you must use that method the first year you use the vehicle in your business, and you can't have claimed accelerated depreciation deductions or have taken any Section 179 deductions for the vehicle.

Injured workers who are receiving workers' compensation benefits from the State of California also use the IRS mileage rate when they request reimbursement for miles driven to and from medical appointments, pharmacies, and the like.

Effective Date: July 01, 2011

For More Information contact HR Knowledge, Inc. at www.hrknowledge.com

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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.

Workplace Posters Are They Really Required and Why?

Do We Really Need Those Workplace Posters?

 

Posters informing employees of their rights and expectations are required of U.S. employers.  It's important that your HR team know and understand which posters are required and that they post the most current version.  (This task often falls to the business owner in small and family owned businesses.)  Larger employers, be sure your HR team covers all bases, meaning, every location of your company should have the most current posters displayed.  For out-of-state locations, post and follow the laws in the state that employees are performing the services in, not the state where the corporate offices are located. 

Poster compliance can be a daunting task considering there are federal and state posters, and in some cases, city and county posting requirements. 

The mandatory Federal Labor Law posters that must be displayed include:

Uniformed Services Employment and Reemployment Rights Act - USERRA - Mandatory notice must be posted or distributed.

Occupational Safety and Health Act - OSHA

Fair Labor Standards Act - Federal Minimum Wage notice

Employee Polygraph Protection Notice

"Equal Employment Opportunity is the Law"

Family & Medical Leave Act

The mandatory Massachusetts Labor Law posters that must be displayed include:

Wage & Hour Laws-$8.00

Unemployment Insurance

Maternity Leave

Fair Employment Law

Workers' Compensation

Sexual Harassment

Correct Posting

Posters must be placed in a conspicuous area that employees frequent regularly.  Oftentimes, you'll see the posters displayed in a hallway on the way to the restrooms. This way, employees will see them, but they won't interfere with the overall decor.

Although the posters may not be aesthetically appealing, employers must fulfill the requirement of the law.

Does Compliance Matter?

Simply put, yes.  Although you may not have a federal compliance officer visiting your company to ensure the posters are displayed and up-to-date, if an agency audits the business, they may may ask to see them.

Two key things to remember:

• Don't assume that posters will be good for three or four years.  The regulations and posters often change.
• There are areas on the poster that have to be filled out specific to each employer, such as pay day notices, in order to remain in compliance.

Employers most vulnerable are small and family businesses and single proprietors, mainly because they are not always aware of the legislation. Luckily, many of the posting requirements don’t apply to small businesses.

Employers can determine their poster requirements through the Department of Labor's (DOL) online “elaws poster advisor” and its National Contact Center.

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.

Job Abandonment for Employees

Question:

Is there a specific amount of days an employer can set that determines job abandonment? More...

Answer:

Full Question: Is there a specific amount of days that an employer can set that determines job abandonment? Typically we hear 3 days but are there federal and/or state laws that dictate? Response: Barring an employment contract or collective bargaining agreement, etc., an employer is generally within its rights to establish its own policy relative to employee no call/no show. Some employers determine that a single instance of no call/no show is grounds for immediate discharge. Others require an employee to be away from work without calling for a certain number of days before it will make a discharge decision. Each employer needs to decide for itself what kind of no call/no show policy is in its best interest. Any such policy, however, should be uniformly enforced and should have the flexibility for management to make exception when truly extenuating circumstances are present. For more information about this and other HR issues please contact HR@hrknowledge.com or call us 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.

IRS Announces 2011 Standard Mileage Rates

IR-2010-119, Dec. 3, 2010

Corrected on Dec. 13, 2010, to reflect changes for 2011

WASHINGTON — The Internal Revenue Service today issued the 2011 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business, charitable, medical or moving purposes.

Beginning on Jan. 1, 2011, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be:

• 51 cents per mile for business miles driven
• 19 cents per mile driven for medical or moving purposes
• 14 cents per mile driven in service of charitable organizations

The standard mileage rate for business is based on an annual study of the fixed and variable costs of operating an automobile. The rate for medical and moving purposes is based on the variable costs as determined by the same study. Independent contractor Runzheimer International conducted the study.

A taxpayer may not use the business standard mileage rate for a vehicle after using any depreciation method under the Modified Accelerated Cost Recovery System (MACRS) or after claiming a Section 179 deduction for that vehicle.

In addition, the business standard mileage rate cannot be used for more than four vehicles used simultaneously. The IRS is requesting public comments on whether taxpayers should be allowed to use the business standard mileage rate in this circumstance.

Beginning in 2011, a taxpayer may use the business standard mileage rate for vehicles used for hire, such as taxicabs.  

Also beginning in 2011, the standard mileage rates are announced in a separate notice, which also provides the amount a taxpayer must use in calculating reductions to basis for depreciation taken under the business standard mileage rate and the maximum standard automobile cost for automobiles under a FAVR allowance.  The IRS plans to discontinue publishing the standard mileage rate revenue procedure annually but will publish modifications as required.

Taxpayers always have the option of calculating the actual costs of using their vehicle rather than using the standard mileage rates.

Revenue Procedure 2010-51 and Notice 2010-88 contain additional details regarding the standard mileage rates.

For more information please contact HR Knowledge, Inc./ www.hrknowledge.com 508-339-1300 or HR@hrknowledge.com  

 

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.

When do we offer COBRA to Employees on FMLA?

Typically, eligibility ends after the 12 weeks of FMLA leave is complete.  In general, employers or plan administrators are required to offer COBRA when the employee no longer meets the eligibility requirements of a benefit plan, and the employee no longer is protected by federal or state leave laws. A review of the plan’s summary plan description (SPD) will confirm eligibility requirements.

An employee should be offered COBRA if the employee no longer is eligible to remain on the group health plan.  The COBRA participant will be eligible for either 18 months of COBRA coverage or an extension of COBRA to 29 months of coverage if specific criteria for a disability extension are met, to which all of the following conditions must be met:

• The Social Security Administration (SSA) must determine the beneficiary to be “disabled” by the on any day before electing COBRA coverage.

 

• The employee has qualified for COBRA coverage on the basis of her/his reduction of hours or termination.

 

• The beneficiary must notify the plan administrator of his or her disability within 60 days after the latest of any of the following: 

 

• The date of the Social Security Administration’s determination of disability (as provided in a letter from the Social Security Administration).

 

• The date of the qualifying event (i.e., reduction of hours or termination) in which s/he lost coverage under the health plan.

 

• The date on which s/he would lose coverage under the plan.

 

• The date s/he is provided employer notification and is informed of her or his obligation to provide notice of the disability to the plan administrator.

 

• The beneficiary must notify the plan administrator before the original 18-month maximum coverage period ends.

The maximum coverage period for COBRA will be 29 months, if all conditions are met.  This is measured from the same date the original coverage started. 11 additional months are added on from the date the original coverage of 18 months began to total the 29 months.

Disclaimer:  The response above is in general terms.  Every plan administrator and employee situation is different.  Please contact HR Knowledge, Inc. at Sales@hrknowledge.com or call at 508-339-1300 for more comprehensive guidance.

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.

Worker's Compensation and Job Protection for Employee

Question:

How long do we hold a position for an employee out on workmen’s comp? More...

Answer:

Full Question: When an employee is off on workmen's comp. how long do you have to retain their position or one of equal status? Response: With fewer than 50 employees, your company would not be covered by the Family and Medical Leave Act (FMLA) which would require the employer to provide up to 12 weeks of job protected leave to an eligible employee who needed time off from work due to a serious health condition including one caused by an occupational injury or illness). Absent FMLA application and relative to continuing to hold open an employee's job vs. terminating the employment relationship, the employer does not have a statutory obligation to hold the employee's position open for a specific period of time. If the employee's condition qualifies as a disability under the Americans with Disabilities Act (ADA), however, the employer WOULD be required to explore whether a reasonable accommodation, i.e., an extended period of leave, could be provided without experiencing an undue hardship. If the employer can accommodate the employee's absence, it would be required to do so under the ADA. As well, if the employer has a policy or practice of providing extended leaves to other employees with medical conditions, it would be required to do so as not to unlawfully retaliate or discriminate. Indeed, while applicable workers' compensation statutes do not, to our knowledge, require the employer to hold open an employee's job for a specific time period, they do preclude the employer from retaliating or discriminating against employees on the basis of their workers' compensation claims. This means that the employer may nonetheless be required to retain the employee's job if it is consistent with policy and practice to do so, and/or pursuant to the ADA if the employee is disabled. See www.eeoc.gov/policy/docs/workcomp.html for more information on this issue. We further recommend you consult with the workers compensation carrier to gather additional information and before considering termination. ASK THE HR KNOWLEDGE GURU HR KNOWLEDGE, INC. www.hrknowledge.com

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.

Can I Request College Transcripts from Job Applicant?

Question:

Can I ask applicants for their college transcripts? More...

Answer:

Full Question: We are considering entry level candidates who are recent college graduates with no applicable work experience. Are there any legal issues with asking them to present their college transcripts to get an understanding of their coursework prior to an offer being extended? Response: We are not aware of any law which would prohibit the employer from requiring candidates for employment to produce a college transcript in connection with applying for employment opportunities with the company, so long as the requirement is imposed on ALL candidates for the position and not just some of them to avoid potential discrimination concerns. If the employer chooses to seek college transcripts only from those applicants who have graduated college recently and do not have applicable work experience, it should specifically define the term "recent college graduate" and "no applicable work experience" and impose the requirement consistently and uniformly upon all candidates (regardless of age, which should not be a factor) who meet these definitions. While there is always a potential risk of an unlawful discrimination claim when an employer differentiates among hiring criteria for different candidates for the same job, if the basis for the distinction is something other than membership in a statutorily protected class, such as age (i.e., only those applicants who have graduated college in the two year period prior to applying for work must produce a transcript, for example), generally such "discriminatory" criteria may be defensible, though with different criteria the risk of a claim is still a possibility. ASK THE HR KNOWLEDGE GURU HR KNOWLEDGE, INC. www.hrknowledge.com

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.

Do I Need Disability Insurance?

The Council for Disability Awareness has some very interesting results concerning employees’ beliefs and misperceptions about disability insurance. The survey highlights the difference between what employees believe about disability and how they have planned for a potential disability. The results show that although most people believe disability can happen, they do not believe it can happen to them and have not done any planning in case it does happen.

Here’s some of the major findings of the survey:

-83% of the workers surveyed believe a disability can happen to anyone, but deny it will happen to them.

-90% say they value their income, but 40% say they have not thought of how they would replace it if they were to be disabled.

-70% say disabilities that keep you out of work are caused by serious accidents, but the reality is 90% of disabilities are caused by illness.

-44% think they have a 1% chance of becoming disabled, but the reality is 30% of workers in their 20s will be disabled prior to retirement.

-70% said a disability would keep an employee out of work for more than a year, but 38% said they could only pay bills for 3 months if they lost their income.

The survey results show employees need to be better educated about the likeliness of a disability happening to them, how they can better protect themselves against losing their income and what benefits they currently have. It also shows there are plenty of opportunities for educating employees and employers on the importance of disability which will hopefully lead to new disability sales.

If you are interested in learning more about Disability Insurance please 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.