HR Advisor November 2009
Welcome
We wish you a November filled with family and friends as the holiday season begins.
HR Alerts
Mandatory 2010 Labor Law Postings.
Make sure you update the Federal and State labor law posters to be in compliance with the 2010 requirements for your business.
OSHA Develops H1N1 Inspection Standards.
Following the Centers for Disease Control guidance (published on October 14, 2009) on infection control measures to prevent H1N1 transmission, OSHA plans to deliver an H1N1 compliance directive for high-risk employers.
GINA Take Effect.
Effective November 21, 2009, the Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits discrimination based on genetic information and protects confidentiality of such information.
House Bill Budgets for E-Verify System.
If approved, House Bill 2892, which has moved to the Senate, would budget for the continuation of the E-Verify System through 9/30/2012.
5 Tips to Playing It Safe when Planning Company Events
The holiday season brings great opportunities to celebrate – Thanksgiving, New Year’s Day, and the company holiday party! While some companies have decided to forego company-sponsored festivities due to increasing liability and costs, your company can still host a great event if you consider the following pointers:
Assess the Liability. Keep business-related activities during the event to a bare minimum. OSHA and many courts have determined that employers requiring employees to participate in a company event makes it work-related and thus any injuries recordable as well as an employer liability under workers’ compensation rules. Determine if the company should also be listed as an additional insured on the insurance policy for the day(s) at the venue where the event is to be held. Holding the holiday event at an ice-skating rink instead of a restaurant poses a different level of risk exposure. So, consider checking with your insurance provider.
Communicate Casual and Careful. Your company should clearly communicate to each employee that participation in such company events is completely voluntary. Also, review with the managers and remind all employees of the relevant emergency, health, and safety guidelines.
Promote Policies and Practices. Establish and/or update your company’s applicable Employee Handbook policies (i.e. professional conduct, drug & alcool, and harassment prevention). Consider related situations which may occur such as employees who choose not to attend (i.e. Must vacation time be used?). You also may want to have employees and their allowed guests to sign releases of liability.
Prepare the Disaster Plan. Plan effectively to address employees who may get into an accident or blatantly ignore your company’s reminders/warnings for appropriate behavior. For example, if you plan to serve alcohol and certain employees over-indulged, have you arranged pre-designated drivers, a taxi-cab support program, and/or security staff?
Take the Lead. Every event needs strong and positive leadership which is accountable for the tone of the event-planning and the event itself. Especially during the holidays, company gatherings can be a fantastic and festive way to thank your employees. Plan these events with everyone’s safety and well-being in mind, and you will be well on your way to a celebration of great success!
Question & Answer
Request to Remove Piercings
- Can I require an employee to remove body piercings that may interfere with job performance?
- Yes – from a safety standpoint, you can require and employee to remove an exposed piercing if it may hold your company liable.
Keep in mind that it would be inappropriate for you to make decisions entirely on appearance. Personal feelings about piercings (or tattoos, etc.) should have no bearing in the employment process. For example, it would be hard for your company to defend a decision to discipline an employee with exposed piercings for a back-office position where no apparent safety hazard would be present.
Many piercings can be temporarily removed. The first step would be to ask the employee if he or she would be willing to remove the exposed piercing(s) during work hours clearly for job-related safety reasons. If an employee refuses to remove their piercing(s), then he or she may be subject to disciplinary action, up to and including termination. On that note, review your company’s Employee Handbook for relevant policies and guidelines, and apply them uniformly and consistently among all your employees.
Employment At-Will vs. Right-to-Work
“Employment at-will” and “right-to-work” are often referenced in regards to employment and termination situations. Employers need to understand the difference (and the implications) between employment at-will and right-to-work as many of these regulations are also dependent on the state where the company is located and where it does business.
Employment At-Will. In general, all states are considered employment-at-will states. Either the employer or the employee can end the employment relationship at any time with or without cause, as long as it is not based on an illegal reason. Some exceptions to consider include:
- Employers should not terminate an employee for any “protected” reason (i.e. age, religion, or sex).
- Your company’s Employee Handbook may state that certain procedures must be followed before termination of an employee.
- Employment contracts (i.e. collective bargaining agreements, individual agreements) may be in place.
Right-to-Work. Currently enforced in 22 states, right-to-work statutes do not involve resigning or being discharged from a job. In right-to-work states (i.e. Florida, Texas, Wyoming), an employee has the general right to work for a company without any requirement to join or financially support (i.e. dues, fines) a labor union and cannot be discharged if ever deciding to join a union. Similarly, and employee also has the right to resign as a union member at any time. Regardless, union representation may still be required for employees subject to a grievance and/or labor contract negotiations.
In all, while these two concepts may sound very similar at face-value, “employment at-will” and “right-to-work” represent two very different applications and meanings in how it affects an individual’s employment status.
Tool of the Month
Pandemic Illness Guide
In response to the current H1N1 influenza season, employers play an integral role in protecting the health of its employees and providing continuous business services. The Pandemic Illness Guide will provide employers with beneficial information on the topics such as:
- Pandemic Plan Development
- Response Strategies
- Actions Items
In the HR Support Center website under the Essentials tab section, simply search for this helpful reference document in the Guides area.
HRCast of the Month
This month’s topic:
Prepare for Pandemic Illness at Work
During this flu season especially with H1N1 in mind, many employers are concerned with how to properly prepare for potential pandemic illness debilitating their employees and their business.
HR Tip of the Month
Promote Self-feedback during the Performance Review
A Highly effective and often overlooked feedback tool is self-feedback. Creating a two-way conversation centered on specific performance topics is a great way to incorporate this approach. In this case, a manager asks the employee to comment and then offers his or her own comments.
Did you know?
250
By the end of 2010, U.S. Secretary of Labor Hilda L. Solis plans to hire 250 additional field investigators to increase enforcement of wage and hour laws. (Source: Department of Labor)
Quote of the Month
“A man to carry on a successful business must have imagination. He must see things as in a vision, a dream of the whole thing.”
- Charles M. Schwab
A Look Ahead
November 1
Daylight Standard Time begins
November 11
Veteran’s Day
November 26
Thanksgiving