HR Laws & Policies

How Do I Hate You? Let Me Count the Ways

Another update from the Jungle….

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Billy and Bobbye opened their business a year after they married.  They hired a couple of employees and everyone was happy.  Billy and Bobbye were proud of their success. Employees enjoyed the perks, like having the company cover 100% of health insurance premiums for employees and the Friday Afternoon Frazzle at a nearby brew pub.

unnamed-15But as the company expanded, new employees lacked the camaraderie of the ones who had helped build the business. Adding employees meant more personality conflicts and scheduling difficulties. Bobbye wanted to add some structure to the company by creating HR policies to ensure everyone understood what was expected of them.

Billy wasn’t ready to give up the entrepreneurial attitude of the early days so he shot down Bobbye’s ideas.  Their disagreement about the business spilled over into their marriage. Before long, they were taking potshots at each other every day.

unnamed-11Bobbye decided to change the brand of coffee for the office.  A day after the change, Billy walked in to the break room, saw the new brand name, and hurled the coffee can across the room into the garbage can.  Now Billy and Bobbye don’t talk to each other in the office. They relay messages through employees. Their employees used to call them B&B or B-squared. Now it’s Bombs Away.

All these spats are tanking the bottom line as deadlines are missed and quality crashes. Clients leave for calmer and more reliable service. To save money, Billy decides arbitrarily to reduce the number of unnamed-13employee perks, starting with the health plan. He tells employees they will have to begin contributing to the premium.  Cutting back on perksannoys the employees and Bobbye.

unnamed-17Even free beer at the Friday Afternoon Frazzle can’t attract most employees because they feel so uncomfortable around Billy and Bobbye. The least bright employees are choosing sides. The smarter employees are trying to stay neutral. The smartest employees have already bailed out for more stable workplaces.  On its present trajectory, the company will implode.

What should Billy and Bobbye do next?

  1. They can continue to fight until there is nothing left but the company’s debts.
  2. They can seek marriage counseling to save their marriage and possibly their company.
  3. They can agree to divorce and split the company’s assets as part of the divorce settlement.

In the actual situation, the feuding owners divorced and the wife bought her former’s husband’s interest in the business. Some employees helped with the transition while most left for other jobs.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

Join the HR Compliance Jungle today. Click here!

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I Don’t Have a Drinking Problem

Another update from the Jungle….

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Leo and Ted are managers at their company. They were hired at the same time and became friends.  They often ate lunch together and spent most afternoons at happy hour at their favorite sports bar.

Leo was promoted first. His division expanded rapidly and when he needed another manager, he asked for Ted.  Ted managed the fastest growing product line in Leo’s division. Naturally, Ted began thinking that his team should have a bigger budget. Leo said no. Ted went to happy hour alone to sulk.

In the next manager’s meeting, Ted interrupted Leo repeatedly until Leo ordered him to shut up.  After the meeting, Ted stomped into Leo’s office to complain. Leo ordered Ted to leave and Ted refused. In the ensuing shoving match, two chairs were broken, Ted got a fat lip and Leo had a bloody nose. After that, they went to separate bars for happy hour.

Ted decided to ask Leo’s boss to make his team a separate division on the grounds that hisunnamed-8 team managed a product line worth more than all the rest of the products managed by Leo’s division.  Luckily for Ted, he appealed to Oscar.

Oscar is a fan of Star Trek and he runs a modified Klingon Empire, where you advance over the body of your former boss.  He is happy to watch Leo and Ted scrap because if they are fighting each other they aren’t challenging Oscar for his job. Oscar grants Ted’s request.

unnamed-3Now Leo and Ted are trying to screw each other’s careers by sucking up to Oscar.  They suck up by inviting Oscar to happy hour.  Oscar appreciates having Leo or Ted cover his bar tab. But all these soggy nights mean that productivity is suffering as Leo and Ted slide into alcoholism.

Nan, the HR manager, is watching from the sidelines. She knows she should talk to the unnamed-9senior management team about Leo’s and Ted’s potential disability due to alcoholism.

What options are available to Nan?

  1. She can recommend that Leo and Ted be shipped off to rehab to dry out in hopes of saving their careers.
  2. She can gather information about their poor performances to build a case for firing them.
  3. She can wait to take action until a senior manager notices the problem.

In the actual case, each manager was encouraged to seek professional help for their alcoholism. Neither sought treatment. One manager eventually quit rather than be fired, while the other manager continued in his same role without any hope of a promotion. unnamed-7

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

 

Join the HR Compliance Jungle today. Click here!

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Visit us at: http://www.complianceriskadvisor.com/

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Looking for Love!

Another update from the Jungle….

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  a womanscreen-shot-2016-09-16-at-2-08-32-pm named Trish was searching for true love. Like so many others, she found it at the office.  Her Prince Charming was John, Vin another division of the company.  John was also looking for true love having just wrapped up a nasty divorce with his former true love

unnamed-2Trish met John at the office Christmas Party and thought he was a jerk. She changed her mind at the summer picnic when she saw him playing with his kids and lobbing water balloons at other managers.  John looked like an Olympic athlete compared to some of the other managers.

So when John’s division needed a little extra help with a special project, Trish volunteered. By diligent effort, Trish made herself a star on John’s team and managed to catch his eye. A shared interest in the project led to a little flirting which led to long dinners and then to other extracurricular activities.

Alas, as with every fairy tale a curse fell upon the lovers.  John’s schedule kept him busy with out of town business trips and Trish began to feel neglected. John tired of her whining over the dinner wine about how his career meant more to him than she did, giving John nasty flashbacks to his ex-wife’s complaints.

unnamedAs in a fairytale, when a workplace romance fizzles people behave badly. John stopped responding to her emails and text messages. He also told Trish’s boss that Trish could never work in his division again because she was a lousy worker. Meanwhile, Trish’s performance nosedived as she realized her fairy tale was fizzling.

The final fizzle arrives when Trish hears through the grapevine that John is blacklisting her.  She’s convinced its retaliation for their affair. When her boss counsels her about her cratering performance, Trish remembers that he is John’s friend. Trish storms into Sue’s office to complain about sexual harassment and retaliation.

What options are available to Sue?

  1. She can slap the taste buds out of John’s mouth for being stupid since managers are expected to use their brains to make decisions at the office.
  2. She can recommend settling Trish’s claims to limit the damage caused by John’s violations of company policy.
  3. She can disguise the details and include them in her next popular bodice-ripper novel, which she hopes will earn her enough money to retire early.

unnamed-2In the actual situation, the manager was counseled for violating HR policies and wrecked his chances at a promotion.  The woman accepted a settlement of her claims and left the company still looking for true love.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

Join the HR Compliance Jungle today. Click here!

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No One Tells Me What to Do!

Another update from the Jungle….

Angie’s tearing her hair out trying to help the company owner, Tom. She’s the HR manager and some days it feels like a pretty thankless task.  Tom runs several businesses, including a janitorial service and a moving company.

Tom’s a good guy most of the time and truly wants to help his employees.  He loans money to employees who need a little help between payroll checks. He kept one employee on the health plan for six months while he recuperated from a cancer scare.  

2He hires people who have interesting back stories. His moving company crews include former gang members who are expert at moving other people’s property quickly and efficiently.  Steve, an employee of the janitorial company thinks Jim Beam is a sports beverage.  Tom periodically sends Steve to rehab to 1dry out and ensures that Steve is closely supervised while on the job.

But Angie knows there’s a dark side to Tom. If Tom decides you’ve screwed up, you’re out; never mind the progressive discipline policy.  Angie’s explained countless times that knee jerk reactions can lead to trouble. But Tom says no one is going to tell him how to run his businesses.

This morning, a man shows up in the lobby. He’s Mr. Beatty, an auditor from the Department of Labor’s Wage and Hour Division. He asks for the time and attendance records, job descriptions, and payroll records to verify that everyone is paid the appropriate hourly rate.

3Tom starts rumbling like an over-pressurized steam engine as he glares at Mr. Beatty.  Angie tries to head off disaster by inviting Mr. Beatty to wait in the conference room while she gathers the requested information. She offers coffee to Mr. Beatty but Tom nixes the offer.  Tom takes a deep breath, preparatory to blasting Mr. Beatty out of the universe.

What options are available to Angie?

  1. She can tell the Department of Labor auditor to look away while she kicks Tom in the shins for antagonizing the man who can shut down the company.
  2. She can flirt with the DOL guy in hopes of distracting him.
  3. She can excuse herself from the meeting and go call a recruiting company to begin shopping her resume to a new employer.     

The above scenario is a composite of several actual incidents. The DOL is increasing the number of compliance audits of employers.  HR representatives do their best to keep their employers “legal” but they can’t save employers who think the rules don’t apply to them.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

Join the HR Compliance Jungle today. Click here!

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Act Your Age!

Another update from the Jungle….

Jerry feels besieged and overloaded. He’s the CEO and he ought to be bragging about his business. Instead, he’s hiding in his office while he decides what to do next.

2It all started a couple of months ago when two supervisors had a misunderstanding. Brown nosing Bette and motormouth Mike thought the other was responsible for losing a key customer.  Their last face to face meeting degenerated into a yelling, name-calling mess where coffee cups were hurled across the table and a cheese Danish was smashed into the face of Bette’s assistant. Now they communicate strictly by email.

Since they’re supervisors, they’ve managed to drag their respective subordinates into the fight.  Soon 1everyone is communicating via emails that are full of adjectives more appropriate to the schoolyard or a political campaign. Their subordinates don’t even use the same bathrooms anymore to avoid talking face to face.

Jerry doesn’t notice any of the fighting. He’s busy talking to investors that he needs to finance a new product. Besides, he’s the CEO and people talk differently to him. His first inkling that all is not well is when several customers switch to competitors rather than renewing their contracts.

Jerry asks brown nosing Bette why the heck her team of salespeople let the customers get away. She blames motor mouth Mike’s technical team for not answering questions about the products which meant her team couldn’t answer customer questions. Jerry asks Mike what’s going on and he blames Bette’s team of dunces.

Jerry asks the HR manager, Liz, if she’s heard any complaints from co-workers about Bette and Mike.  Liz admits she has. Jerry asks why the heck she didn’t tell him. Liz is hurt; she’s doing her best.

3Liz shows him a series of email exchanges and that’s when Jerry learns the awful truth about Bette and Mike. He can feel the top of his skull popping off as his blood pressure rises. Now he’s sitting in his office trying to decide what to do.

What options are available to Jerry?

  1. He can fire Bette and Mike for showing the emotional development of pre-teens.
  2. He can empty the corporate bank account and “retire” to the Cayman Islands to drink rum.
  3. He can counsel Bette and Mike to act like grownups and work together for the company.     

In the actual situation, the employer chose the third option. The employer’s decision was based on an assessment of the supervisors’ capabilities and skills. The employer also needed to follow the company’s progressive discipline policy before firing employees.

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

Join the HR Compliance Jungle today. Click here!

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Me! Me! Me!

Another update from the Jungle….

It’s Monday morning and Christine knows that sitting in rush hour traffic will be the high point of her day.  After that, she’ll suffer a fate almost like death as she sits through the monthly staff meeting. Ms. Piggy will be holding court as usual.

1Ms. Piggy is a co-worker who pretends to be a team player. Beneath the friendly smiles lurks a self-centered prima donna. She knows her life is so much more interesting than others. For the past six months, she’s been monopolizing the staff meetings with the same tale of a product vendor who can’t deliver the quality of work she demands.  

Initially, Christine and several other managers suggested ways for Ms. Piggy to solve her vendor problem. Ms. Piggy made it clear that their solutions would work fine for idiots like them, but not for her since her work is much more technically sensitive.  

Edward, the division head, doesn’t know how to handle Ms. Piggy.  He wasn’t promoted based on his people skills and he doesn’t want to get stuck in sticky people problems.   He would rather walk across hot coals barefoot or participate again in the pie eating contest at the company picnic.

Christine arrives at work and grabs a giant mug of coffee on her way to the conference room.  Edward 2slides into the chair at the head of the table and begins asking for updates. Everyone tenses as he reaches Ms. Piggy. Ms. Piggy begins her usual quick update with the usual digressions.  

Within a minute the energy level in the room plummets deeper than the Grand Canyon. The guy sitting next to Christine begins playing a game on his phone. Two managers begin reading their emails on their iPads.  Edward opens his mouth to cut off Ms. Piggy but she raises her voice and continues.  Christine slurps her coffee and tries to keep her head from exploding.

What options are available to Christine?

  1. She can fall to the floor pretending to have a seizure so that the meeting ends.
  2. She can leap to her feet shrieking “I can’t take it anymore. Shut up!”  
  3. She can suggest that they imitate business networking groups by timing responses so that the staff meetings finish on time and they avoid Ms. Piggy moments.     

The above scenario is a composite of too many meetings at too many companies.  HR can help managers avoid these ghastly events by training them how to give effective feedback to their subordinates on appropriate office behavior and by urging senior management to pay for coaching for managers who lack people skills.   

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

Join the HR Compliance Jungle today. Click here!

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It Rhymes With Witch

Another update from the Jungle….

Once upon a time in a town not so far away, there lived a nice woman named Alanis. She liked her job and was always willing to learn from more experienced co-workers. Her boss loved her too and wrote embarrassingly glowing performance reviews.

2But fairy tales aren’t the only places with evil beings. A wicked witch named Wanda also works in the office.  Wanda’s not qualified to do the job Alanis was hired for but that doesn’t stop her from trying to take over.  Wanda smiles in Alanis’ face even as she secretly sharpens her talons.

Wanda’s opportunity soon arrives.  At a staff meeting, their boss, Julia, announces that the company is rolling out a new service and asks Alanis to take the lead for their department. Wanda’s death-ray glare bores into Alanis’ skull across the conference room table. After the meeting, Wanda loudly announces in the break room that the new project is doomed because Alanis is unnamed (1)incompetent.

A week later, Alanis’ project notes mysteriously disappear from the system’s shared drive. Fortunately, she a printed copy first and is able to recreate her notes. She saves a copy of the new version on a thumb drive. Sure enough, the shared drive version disappears again.

At the next staff meeting, Julia asks why Alanis she doesn’t share information with the rest of the group. Alanis reports the mysterious deletions and asks that IT investigate the deletions. Julia looks at Wanda and then abruptly ends the meeting.

The next day, Julia calls Alanis to her office. Waiting in Julia’s office is Wanda. Julia says that she’s decided to appoint Wanda as co-chair of the project because it’s obviously too much for Alanis to do alone. Wanda smirks as she demands copies of all Alanis’ notes.

After that, Wanda changes the entire strategy so that their department misses deadlines set by Julia’s bosses. Wanda blames Alanis and complains about a lack of cooperation. Alanis is again called to Julia’s office where she is criticized for disloyalty and undermining the department. Julia says Alanis can resign or be fired.

What should Alanis do next?

  1. She can continue to protest her innocence knowing she won’t win since a weak manager is as dangerous as a witch.
  2. She can booby trap Wanda’s desk with eau de skunk.
  3. She can resign and consult a lawyer about suing for constructive termination.

In the actual situation, the targeted employee resigned. Any office can develop an infestation of wicked witches if management is weak.  Fumigate your workplace with effective HR policies.  3

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

Join the HR Compliance Jungle today. Click here!

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Paper Trails

Another update from the Jungle….


Stan’s been in business for five years. His employees are 20-somethings who like to work collaboratively and take lots of coffee breaks.  Stan doesn’t understand why they want to live on healthy junk like kale 4while slurping gallons of coffee, but they’re happy.  As long as the work is done and clients are happy, Stan is happy.  

He never paid much attention to labor laws. He pays each worker a fixed amount each week and they work at their own pace.  Ashley seems to get her best ideas at 2 a.m.  Ryan and Carson work best as a team but need supervision to stay on task. His employees work at home, in coffee shops, and occasionally even show up to work in the office.

unnamedThen he hears about the new overtime rules that are effective on December 1st.  Stan rapidly reviews his employees.  A quick estimate demonstrates that most of his workers earn below the new salary threshold. Stan’s bottom line can’t take across the board salary increases. Besides, many of his workers couldn’t meet the duties test to be exempt.

That means most of his employees will need to be paid overtime if they work more than 40 hours a week. Stan mentally reviews his staff. None of them has ever completed a time sheet. Stan calls an “all hands” meeting like he does when a client has a short deadline.

He explains to his employees that they need to begin keeping track of their time. He also says that any overtime must be pre-approved. His office manager demonstrates how to use the new time-tracking software. Everyone nods like they understand.

In the firs3t week, only two employees actually record their time each day. Ashley complains that she can’t remember to “clock in” when an idea strikes her at 2 in the morning. Ryan and Carson think they’re too valuable to the company to be penalized and they ignore the software completely.  After a few weeks, Stan is furious.

What should Stan do next?

  1. He can send a screeching email every Monday morning listing the offenders from the previous week.
  2. He can assign all the worst performers to the most annoying client where they will all flame out together.   
  3. He can follow a progressive discipline policy that inexorably clears out the people who can’t or won’t follow the rules.    

In the actual situation, the employer used a combination of the options outlined above to ensure compliance with the law. A few creative people were lost but the majority stayed and the company continued to grow successfully.    

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

Join the HR Compliance Jungle today. Click here!

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It Says So Right Here!

Another update from the Jungle….

Jane started her business after being downsized by her corporate employer.  She knew she wanted her business to be different from the bureaucracy of her Big Biz employer and vowed to avoid the burden of written policies.  

3But as she adds employees it becomes clear that a lack of written policies is bad for the bottom line. No written policies allow Evan to claim that he doesn’t know he is supposed to start work at 8:30 am. He thinks showing up by 10 am is okay as long as he gets his work done.  

4Jane decides she needs something in writing. She digs out an old copy of Big Biz’s employee handbook. She customizes it by changing the employer’s name, correcting a few typos, and changing the font.  Then she gives a copy to each employee and receives a signed acknowledgement from each employee.

None of the employees actually read the employee handbook, of course, until they need to. Evan reads the section on progressive discipline after Jane gives him a final written warning about his attendance.

1Meanwhile, Audrey discovers she’s pregnant. She hauls out her copy of the handbook, which is propping up a corner of her desk, and unfolds it to read the section on the Family Medical Leave Act (FMLA). She tells Jane she wants to take FMLA leave to have her baby and asks for the leave request form.  

Jane doesn’t have any FMLA forms. Her internet search eventually leads her to the U.S. Department of Labor (DOL) website where she learns the horrible truth about the FMLA. It applies to companies with more than 50 employees. Her Little Biz shop has 20 employees.  The news is so disturbing that she drinks half a bottle of wine while she thinks about her options.

What should Jane do next?

  1. She can collect every copy of the handbook and burn them in the parking lot knowing that most of her employees never read it.
  2. She can tell Audrey that the FMLA section of the handbook is a mistake because that law doesn’t apply to Jane’s business.
  3. She can grant FMLA leave to Audrey in accordance with the handbook policy. Then she can immediately revise the handbook to delete information about employment laws that don’t apply to her company.

The above scenario is a common problem for small business owners who lack familiarity with employment laws. The lack of familiarity can fix one problem while creating many more problems.

Join the HR Compliance Jungle today. Click here!

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Fairness Doesn’t Matter

Another update from the Jungle….

Alyssa is a lawyer in the corporate legal department of her employer. She was hired because of the scope of her experience. Or so she was told.  It doesn’t take Alyssa too long to figure out that her prior experience is irrelevant, even a handicap.

Alyssa is1 assigned to work with the HR department because the other lawyers don’t want to. She inherits a file cabinet full of pending EEOC discrimination claims.  Another giant file cabinet contains investigation notes of employee theft cases. Apparently anything not too big or nailed down tight is carried off by employees.  

Alyssa sees immediately that the employee problems arise from the attitude of the 4management team. Most of the senior managers are related to the owner and take their cue from him. He brags of paying rock bottom wages while simultaneously complaining that he’s stuck with stupid employees who lack initiative.

Alyssa’s prior experience with corporate risk programs leads her to believe that the company needs more insurance to cover employee problems. She recommends an increase in their employment practices liability insurance coverage.  That’s when Alyssa’s own employment problems begin.

3Alyssa receives an email from Tess, the company owner’s daughter and newest senior executive.  Tess is a wicked witch who bullies subordinates with obscenity-laced tirades and hates anyone she suspects is more knowledgeable than her. Now Tess insists that she will make the final call on the new insurance limits.

Alyssa gives Tess a summary of the current insurance coverage, the recommended new limits, and the renewal deadline. Tess repeatedly asks for new quotes while ignoring the insurance broker’s and Alyssa’s reminders of the deadline for binding new coverage. Hours before the old coverage 6expires, Tess finally agrees to the new coverage limits.

The next day, Tess accuses Alyssa of endangering the company’s insurance program by deliberately delaying information from the insurance broker.  When Alyssa points out that the insurance broker copied both of them on all emails, Tess launches into her usual obscenity-laden meltdown.

What should Alyssa do next?

  1. She can continue arguing with Tess that the accusations are unfair and unjust but will never win the argument.
  2. She can walk away from Tess and immediately make a complaint to the HR department about the bullying incident.   
  3. She can accept that she was never the right fit for the company and move on to a new employer.    

In the actual situation, the accused employee used her employment law knowledge to negotiate a severance package and moved on to a happier workplace.   

If your company is struggling with HR issues, Corporate Compliance Risk Advisor can help you create HR policies that are appropriate for your company’s size and then serve as a resource to your staff as the policies are implemented.

Join the HR Compliance Jungle today. Click here!

Follow us on Facebook & Twitter!

Visit us at: http://www.complianceriskadvisor.com/

Click here for a copy of my free Ebook