HR Laws & Policies

They Didn’t Like Her Looks

Another update from the Jungle….

unnamed (9)Alana walked into the break room to refill her coffee mug and stumbled into a raging war. A group of co-workers were arguing about the merits of the presidential candidates. Alana sidled toward the coffee maker regretting that she didn’t send her assistant to check if the coast was clear.

The political argument covered familiar ground. Several co-workers scoffed that Carly Fiorina is ugly and unattractive and so she shouldn’t be president. Another co-worker chimed in criticizing the physical appearance and business sense of Hilary Clinton. Both women were criticized for fashion faux pas.

Aside from a few cracks about Donald Trump’s hair, the male candidates were judged on their prior experience and ideas.
The argument focused on the conservative credentials of the male candidates but no one criticized their suits or their ties.

Alana grabbed her mug and trudged back to her office reflecting that some things never seem to change. The AP 2016 BUSH CLINTON FUNDRAISING A ELN USA NYwomen candidates are judged on their physical appearance and not their ideas or abilities. Alana thought about other women presidential candidates. In 1972, Shirley Chisholm’s campaign was dismissed with a smile. In 1984, Geraldine Ferraro’s qualifications as a vice presidential candidate were buried under stories about her husband’s alleged Mafia connections. (He was Italian-American from New York and owned a construction business.)

Alana’s the HR director for her company and she conducts many interviews to screen job applicants. The interviews require her to judge job candidates based on appearance, how well they prepare for the interview and their prior work experience. Inevitably, some job candidates lose the chance to move to the next stage of the hiring process because they don’t look or act “right” in the initial interview.

Alana knows that rejecting a job candidate almost always involves her biases, good and bad. She also knows that there are many ways to explain why a candidate was rejected that appear neutral and unbiased.

What should Alana do next?

  1. She can resign her job and go live in a cave with no wi-fi until after the presidential election next November.
  2. She can create a new HR policy banning political discussions in the break room.
  3. She can accept the reality that we are judged on our appearance and recognize how her personal biases influence her hiring recommendations.

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.

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The Slob Next Door

Another update from the Jungle….

image017

Judy was excited about her new job. She targeted the company for employment after reading the corporate social responsibility blurb on their company website. During the interviewing process, the HR people seemed impressed by her accomplishments and she was impressed by their description of the charitable causes supported by the company.

Judy moved into a cubicle with a window view (of the parking lot) and prepared to work for a company with a conscience. Judy set to work with energy and enthusiasm, sure that she had found the perfect employer. But, alas for Judy, the dream job quickly ended. A slob moved into the cubicle next to hers.

The slob’s cubicle overflowed with work papers, empty candy bar wrappers and gum wrappers. The slob guzzled caffeinated drinks all day and left the empty cans lying around his cubicle, creating a sticky mess that oozed into the corridor between rows of cubicles.image021

All those caffeinated drinks also made the slob twitchy. He thumped and bumped against the cubicle walls so that Judy sat in a mini earthquake zone. The slob listened to music on his iPhone but even with headphones, everyone in a ten-foot radius could clearly hear the music. The slob often cracked his gum in time to the music.

Judy made several attempts to politely ask the slob to turn down the volume on the iPhone, to not crack his gum, and to not hit the wall between their cubicles. Each time the slob apologized but promptly ignored her requests. Finally, Judy asked her boss to move her to a cubicle far away from the slob. Her boss told her to ask HR.

The HR rep said no other cubicles were available. She implied that Judy was not a team player after Judy pointed out that the slob was violating several HR policies on cubicle etiquette. Then the HR rep suggested that Judy should try to “work something out” with the slob. Judy left the HR meeting convinced that no one in authority cared about the slob next door.

What are Judy’s options?

  1. She can train the slob the same way she trained her dog, spraying him with water each time he engages in “bad” behavior.
  2. She can learn meditation techniques to help her deal calmly with the slob.
  3. She can ask whether she wants to work for a company that brags about corporate responsibility while allowing a slob to ignore company policy and annoy co-workers.

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.

Download my FREE eBook today! Click here! 

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She’s Not My Employee

Another update from the Jungle….
image008Rob has a small consulting business that does project-based work. That means Rob needs a flexible work force that can easily gear up when there are lots of clients, but can also gear down when projects are few.

Rob relies on a group of individuals that he classifies as independent contractors. For each project, Rob explains what the client wants, the deadlines that must be met, and the scope of work. The worker can accept or reject any project. Rob’s been happy with his flexible work force.

At a recent networking event, Rob heard that the U.S. Department of Labor (DOL) has decided to ditch its old “control” test for deciding if a worker is an independent contractor (1099) or an employee (W-2). Instead the DOL will use an “economic reality” test. Rob does some quick research at www.dol.gov/whd and finds the document outlining this new test. What he reads makes him reach for a bottle of Gentleman Jack.

After a couple of stiff drinks, Rob thinks he understands the main points of this new test. The
image010economic reality test says that a worker who is economically dependent on an employer is an employee and not an independent contractor. Rob doesn’t know if his workers are economically dependent on him. He uses them part-time and always believed that they did work for other consulting businesses.

Rob sees that the new test has several factors. The factor that most worries Rob is the one that says if the work performed is an integral part of the employer’s business, then the worker is a W-2 and not a 1099 worker. Rob knows that his consulting business depends on completing projects for his clients which requires the use of skills that his independent contractors have.

After another shot of Gentleman Jack, Rob does some worst case scenario calculations of what will happen if his workers must be converted to W-2’s. He realizes immediately that it wouldn’t be financially possible to convert all of them to employees.

What are Rob’s options?

  1. He can choose a couple of the independent contractors that have the broadest range of skills and offer to convert them to W-2’s who work full-time for him. All the other workers would no longer be eligible to work on his company’s projects.
  2. He can talk to his CPA about cash flow and tax strategies for dealing with the new economic reality test.
  3. He can continue business as usual, including drinking more Gentleman Jack, while he waits to see what DOL will do.

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.

Download my FREE eBook today! Click here! 

Click here to join the HR Compliance Jungle today.

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The Right Person for the Job

Another update from the Jungle….
image013Wanda owns a small company and she’s preparing for her next round of job interviews.  She hates the interviewing and hiring process. It takes a lot of time away from running her business and the results can be iffy.

The last few batches of job applicants she interviewed left much to be desired. One job applicant said that if he was hired, he would need to take time off to fix a “mix up” about his probation. Another asked if a job offer was contingent on passing a drug test.  Another applicant candidly admitted he didn’t want the job but had to perform a job hunt in order to keep his unemployment benefits.  After that interview, Wanda tottered home and had an extra-large glass of wine
image016 with her dinner.

In the last batch of job applicants the only one showing real promise was a biker dude with prison tattoos. Heshowed up on time, was polite and actually asked relevant questions about the job duties.  Even though the biker dude lacked many of the job skills she was seeking, she immediately offered him the job because he seemed willing to learn.

But Wanda knows that she can’t continue such a hit or miss process. She needs to find a better method for hiring new employees.

What are Wanda’s options?

  1. She can reconsider what she’s looking for by ensuring the job description accurately reflects the job duties. It’s difficult to hire the “right” employee with the wrong job description.
  2. She can outsource much of the hiring process which will save her time. Of course, the staffing agency will need an accurate description of the job duties in order to find appropriate applicants for the job.
  3. She can rely more on referrals from friends, family and current employees as they understand her business are more likely to refer suitable candidates for job openings.

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.

Download my FREE eBook today! Click here! 

Click here to join the HR Compliance Jungle today.

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How Did I Get Into This Mess?

Another update from the Jungle…
image011Veronica has been feeling a bit down lately as she drives to work. As the HR manager for her company, she’s in charge of the plans for the company’s annual employee picnic.  She’s tried delegating this responsibility but gave up when the employees she asked threatened to quit rather than get stuck with the job.

Veronica understands why they refused to help. The company picnic is not fun. Younger employees think pie eating contests are disgusting and they don’t care about activities for kids because they don’t have children.  Alcohol was banned two years ago (for reasons that can’t be discussed because the lawyers are still sorting out liability for the “proximate cause” of certain alleged injuries).  Older workers are simply disenchanted and the ones with marketable skills are bailing out as fast as they can update their resumes.

Veronica understands that, too. She tried for years to bridge the gap between the employees and the company owners. The owners refer to their employees as “talent” when talking to investors and other outsiders but they treat their workers like talentless twits.  They micromanage all aspects of the workplace and have a well-developed snitch system for obtaining reports on “disloyalty”.  The owners disguise their apparent contempt for their employees by insisting on annual gruesome rituals like the company picnic.

Unfortunately, this year a possible riot is brewing. Employees recently learned that the company gets a cut of the money collected from the vending machines in the break room. The owners have been using that money to cover the costs of the company picnic, meaning the employees are paying for their own company picnic.

What are her options?

  1. She can meet with the company owners to explain the mood of employees and ask them to cancel the picnic or to approve a budget to do something special this year.
  2. She can do the minimum necessary to stage the picnic and expect that even fewer employees will show up than did last year.
  3. She can polish up her resume and discreetly market her services to other companies with better employment practices.

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.

Download my FREE eBook today! Click here!

Click here to join the HR Compliance Jungle.

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Not Quite Good Enough

Another update from the Jungle…
image006Shelly owns a small company that is growing rapidly now that the economy as a whole has perked up. She’s hired several new employees and is pleased with how well they are doing. She just promoted one of the new hires, Zach, to a management position that makes him her second in command. She hopes to take a real vacation this year now that she has someone dependable to cover for her.

Shelly would love to celebrate her good fortune but there’s a fly in the ointment.  Claudia was the first employee Shelly hired. Claudia is detail-oriented and in many ways, she is responsible for Shelly’s success because she did all the tedious, time-consuming work in the office. That freed up Shelly’s time to market the company and increase sales.

Unfortunately, what worked for a small, new business isn’t working so well now. Claudia wants to use old record-keeping methods that are no longer efficient for the company.  It takes her forever to complete specific tasks and co-workers are complaining about Claudia’s slow pace is slowing them down.

Claudia feels threatened by the others, particularly Zach, who is now making decisions that she and Shelly used to make together. Claudia feels like her contributions are ignored and it’s obvious she’s afraid she’ll be replaced. Shelly sympathizes because she knows what she owes to Claudia but she also sees Claudia’s limitations. The fact is that Claudia isn’t quite good enough; her skills don’t match what the company needs.

Shelly’s been struggling for months to figure out what to do about Claudia. Shelly no longer has time to spend hours helping Claudia agonize over every decision or listening to her complain about Zach. Shelly never realized how whiny Claudia can be and her patience is wearing thin.

What are her options?

  1. She can fire Claudia and give her a huge severance package as a going away present. A couple of glasses of wine will ease Shelly’s qualms about doing what needs to be done for the good of the business.
  2. She can hire an HR manager and delegate responsibility to listen to whiny employees, like Claudia. After all, why else would a boss hire an HR manager?
  3. She can create a job specific to Claudia in recognition for Claudia’s contribution to the success of the company, but that shunts her aside so that she doesn’t slow down co-workers.

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.

Download my FREE eBook today! Click here!

Click here to join the HR Compliance Jungle.

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He’s Great at Sales, Lousy With People

Another update from the Jungle…
image002Helen handles HR issues for her company. She has an open door policy to encourage employees to talk to her because it’s a great way to take the pulse of the workforce. If bad (or she can only hope, good) things are happening, she’ll hear about it before it first.

For several months now, she’s been hearing disturbing news through the grapevine about Sam. He’s the leading salesman for the company and he won last year’s salesman of the year award. The company owners and his immediate supervisor love him because he’s boosted company sales noticeably. But his co-workers hate Sam.

Sam talks loud, usually over the conversation of others, because he always wants to be the center of attention. He is rude to lower level co-workers unless he wants their help; although he never acknowledges their help when praise is handed out. His comments to female co-workers are often outrageous but can’t really be labeled sexist since his comments to male co-workers are often outrageous, too. There’s a rumor going round that some of the women are pricing deadly weapons and bidding on the chance to administer the attitude adjustment to Sam.

In short, Sam is great at his job but the collateral damage he causes to office morale makes Helen wonder if he’s really worth the hoopla. Yesterday, Sam yelled at the sales department’s administrative assistant who then hid in the bathroom to cry. This morning, before Helen finished her first cup of coffee, the admin assistant’s in her office complaining about Sam.

What are Helen’s options?

  1. She can meet with Sam to explain (again) that the company has a no-bullying policy and won’t tolerate his behavior. Since that hasn’t worked before, she’s mentally reserving the right to join the women’s bidding pool on the attitude adjustment.
  2. She can ask Sam’s supervisor to join her and Sam for the meeting to discuss the progressive disciplinary action that needs to be taken.
  3. She can research the cost of hiring an executive coach who can help Sam learn to play well with others and then submit the proposal to the owners and Sam’s supervisor for approval.

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.

Download my FREE eBook today! Click here!

Click here to join the HR Compliance Jungle.

Follow us on Facebook & Twitter!

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

Improving Morale While Lowering Costs.

 Another update from the Jungle…
image031Doug is the plant manager of a factory that makes car parts. His boss transferred him from a nearby facility with instructions to improve operations and lower costs at the factory. It didn’t take Doug long to figure out that the high costs were due to low employee morale and a high incidence of on-the-job injuries.

Some of the worker compensation claims defy common sense. One worker wrenched his ankle after ignoring warning signs and walking across newly laid floor tiles before the glue had set. Another employee lost a finger in a machine because he ignored the safety protocols for using the machine.

Doug hopes to simultaneously increase safety, reduce worker comp claims and improve employee morale. First, he wants to create a new safety training program. Then he wants to implement a drug-free workplace program. This program will have the added benefit of lowering premiums on the worker comp policy through the mandatory discount offered to companies with drug-free workplace programs.

Doug knows that safety training and a zero tolerance for drugs are only the beginning. He believes morale will improve when employees realize they can get bonuses and wage rises by improving safety. But he must also revise the factory’s HR policies to reflect a more enlightened approach of rewarding good behavior rather than punishing bad behavior. All the changes will contribute to a rise in productivity. Doug knows he needs help to accomplish all these ambitious goals.

What should Doug do next?

  1. He should ask his insurance agent what steps he needs to take to implement the new drug-free workplace program. One of those steps must include identifying a company certified to administer the drug-testing.
  2. He should hire an OSHA-certified trainer to teach the new safety classes.
  3. He should outsource the task of revising the HR policies since he lacks the on-site HR staff to handle this responsibility.

The above scenario is based on actual worker comp claims. If your company is struggling with similar issues consider the following resources. USA Mobile Drug Testing of Nashville can help administer a drug-free workplace program. Corporate Compliance Risk Advisor can help create HR policies and procedures appropriate for your company’s size.

Join the HR Compliance Jungle today. Click here!  Follow us on Facebook & Twitter!

This week I guest blogged on USAmdt Nashville’s blog, check it out here and follow them on Facebook & Twitter!

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

I’m In Over My Head.

Another update from the Jungle…
image017Cindy is the HR director for her company because she is a good listener and she can handle obnoxious people. She got the job because the owner hates conflict (and he’s one of the obnoxious people, although no one likes to mention this). Cindy listens patiently to her distressed co-workers, dispenses Kleenex and aspirin as needed, and generally puts an optimistic spin on the worst calamities.

The company is a manufacturing facility that is still fairly low tech. Most of the employees are God-fearing, gun-toting, self-described “rednecks”. They are good people but the stress of living paycheck to paycheck means there are often conflicts. As the company has grown, employee conflicts have multiplied.

Just this morning, Cindy rushed to the women’s bathroom to break up a fight between two employees. The women were fighting over the shift mechanic who has been trysting with both of them. Cindy arrived in time to see one of the women flashing a pocket knife at the other woman. The employee who pulled a knife has to go immediately. Cindy and the shift supervisor escort her off the premises. The other employee must be suspended for fighting at work.

Cindy feels overwhelmed. She has no formal training for her HR duties and she worries that she may violate employment laws due to lack of training.

What are Cindy’s options?

  1. She can continue to worry about her lack of HR training and hope for the best. After all, she’s good at putting a positive spin on dire circumstances.
  2. She can ask the owner to reimburse her costs to take HR training classes so that she has the appropriate certifications to do her job. The training will be beneficial in the long run but have no effect on her immediate concerns.
  3. She can ask the owner to hire an HR consultant to review their existing policies and practices to identify areas that need to be improved to avoid violating the law. This will fix the short term concerns she has.

The above scenario is a composite of actual situations I faced while working at several former employers. If your company is struggling with similar issues, Corporate Compliance Risk Advisor can help. Corporate Compliance Risk Advisor can 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: http://www.complianceriskadvisor.com/

Avoidance Is Not Compliance.

Another update from the HR jungle…. 
image005Bob runs a company that has 31 full-time employees, 40 part-time employees and a couple of independent contractors. He knew he didn’t have 50 full-time employees so he thought he didn’t need to worry about the Affordable Care Act (ACA).

Recently Bob attended a Chamber of Commerce meeting where he bumped into Sam, a health insurance broker. Bob pretended to listen to Sam while he watched the room for people he really wanted to talk to. Then he realized Sam was saying something about counting part-time employees as full-time equivalents to reach a final head count on the 50 employee line between small and large employers.

Bob didn’t want to admit he hadn’t been paying attention so he nodded wisely at Sam. Later that day Bob did a quick internet search on the ACA and what he learned was disconcerting. He realized that his company is mostly like a large employer subject to the employer penalty which began on January 1, 2015 and he hasn’t done anything to comply with the ACA.

What are Bob’s options?

  1. He can panic, drink some Tennessee sour mash to soothe his nerves, and then forget about the whole mess until a later date when the matter is truly urgent.
  2. He can continue researching to find answers on what he needs to do, although that cuts in to his already limited free time.
  3. He can ask a trusted friend for a referral to someone who can guide him through the ACA compliance maze, which will simultaneously remove the problem from his desk freeing up his time.

In the actual case, my client chose the third option which is how I learned of his predicament. Within three weeks of the initial consultation we had implemented an ACA compliance plan and my client could focus on other issues. If your company is struggling with this issue, Corporate Compliance Risk Advisor can help you mitigate your risks through an ACA compliance program that is appropriate for your company’s size.

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