MONTHLY NEWS December 2014 Newsletter What’s in This Issue: Best Wishes into the New Year from REI! HR ✦ 12 Days of HR Headaches ✦ Appreciate Diversity During the Holidays ✦ ‘Bad Fit’ Terminations ✦ Love at Work ✦ No Leave Left, No Job Left Tax & Accounting ✦ Midterm Election Results Benefits ✦ We would like to thank all of our wonderful Clients that helped to make this year one to remember. As we enter the New Year, we wish everyone peace, prosperity and good tidings. In the spirit of holiday giving and in support of our Clients, we will be making a special donation to several charities on behalf of our friends and Clients.! ! If you missed our last November issue, please check back on the News & Blog section of our website to read more on final year-end preparation. Email communications@resourcingedge.com if you have any further questions on the final activities. We look forward to working with you in 2015!! ! 10 Ways to Donate a Happy Holiday 2015 Investment Outlook Compliance ✦ Federal Updates Making Workplace Technology Accessible, OSHA Final Notification Rule ✦ State-by-State Compliance Updates Events and More ✦ 2015 Webinars ✦ Previous webinars ✦ Dallas Build Expo Resourcing Edge Newsletter ! 1. Help a Needy Family! 2. Visit a Local Pediatric Wing! 3. Grant a Small Wish (The Wish Upon a Hero Foundation or Make a Wish Foundation)! 4. Visit your local Humane Society! 5. Donate-Toys for Tots! 6. Be a Bell Ringer for the Salvation Army! 7. Adopt a Child from the Department of Social Services! 8. Visit a nursing home! 9. Give Life-Donate Blood! 10. Donate Hair (Locks of Love)! Weather Closures - Pay or No Pay? Are winter storms affecting your office? Weather related emergencies often lead to office closures. Do you have to pay your employees for those days? The answer is yes and no.! • If you close the office or employees have the option of staying home, hourly employees are not paid but can use vacation time if available.! • Exempt employees are a different story. If you close the office, the exempt employee must be paid their regular wages, unless you have a policy requiring an employee to use PTO or vacation for weather related closures. If they have no PTO or vacation, regular wages must be paid.! • If reporting to work is a choice and the exempt employees stay home they can use PTO or vacation, or if none is available, you may make a full day deduction from their pay, UNLESS they work at home.! All employers should remember these rules as we enter the time of year when! weather related absences rise. ! 1 HUMAN RESOURCES The 12 Days of HR Headaches Author: David L. Barron, Houston-based lawyer, http://www.huffingtonpost.com/david-l-barron/office-holiday-tips_b_2287270.html! ! The holidays are here and, along with them, the opportunity for employees to goof off and collectively test the limits of managers and Human Resources professionals everywhere. Don't let these headaches disrupt your office.! 12 Online Shoppers - Cyber Monday is the biggest day of the year for online shopping. Although some employees shop on their lunch break or at home, many take time out of the work day to cross items off their Holiday list. Solution - remind employees that some down time is inevitable, but work time is still for work.! 11 Fantasy Footballers - Wasting time at work is not an art enjoyed exclusively by shoppers. The holiday season is also football season, and that means fantasy players will be out in full force. Solution - see above. " 10 Office Party Drunks - Some folks continue to believe that getting intoxicated in front of your boss is a good idea (hint - it is not). Solution - limit the number of drinks at office parties and arrange for safe transportation if needed." 9 Facebook Posters - If you are going to have drunken shenanigans at your Holiday party, the last thing you want is for the evidence to be posted online for the whole world to see. Solution - review your social media policy and prohibit employees from posting photographs or video without management permission." 8 Whistleblowers - End of the year accounting can be the prime time for irregularities to come to light, and complaining employees can be protected from retaliation under federal and state laws. Solution - review whistleblowing policy and ensure managers are trained that complaining employees are protected for good faith reports of misconduct." 7 Bonus Braggers - This time often means end of year bonuses and the temptation for employees to compare notes on the size of their checks. Solution - It is against federal law to prohibit employees from discussing wages, but a reminder about good manners can be effective! 6 Laid Off Workers - End of the year planning often leads to budget cuts and, unfortunately, layoffs. It is never a good time to tell someone they are being fired, but it can be even harder around this time. Solution - consider a severance package which provides a financial cushion for the employee and limits the liability of the company." 5 Absentees - No one wants to work around the holidays, and workers will be looking for an excuse to spend extra time with friends and family. Solution - encourage employees to schedule time off in advance so management can evenly distribute the workload during holidays.! 4 Gossip Birds - A new year usually means big changes in most organizations. The gossips will be out in full force in the month of December looking to stir up trouble with rumors of bankruptcies and corporate takeovers. Solution - take control of lines of communication and keep employees informed.! 3 Depression Victims - Experts say that the holidays are the hardest time of the year for persons with depression or other mental illnesses. Solution - remind employees that the company has an Employee Assistance Program available for individuals who are stressed out because of the holidays or just need "someone to talk to."! 2 Ship Jumpers - The beginning of the year is the most popular time for key employees to jump ship. That means the holiday season is the time to steal trade secrets and make plans to solicit accounts, clients or customers. Solution - review computer security protocols and review whether the company has appropriate written agreements in place to protect against unlawful competition.! 1 Sexual Harasser - Holiday parties often bring more than just intoxicated folks. Being merry can sometimes mean crossing the line and offending a coworker. Solution - remind employees that respect and professionalism apply always. Resourcing Edge Newsletter 2 HUMAN RESOURCES Appreciating Diversity During the Holidays Diversity is More Than Just a Simple Happy Holiday Card (Author: Simma Liberman) Guess who's not celebrating Christmas this year? Millions of people in the United States. That's right. Tens of millions of Americans don't celebrate Christmas religiously, either as followers of non-Christian religions (Buddhists, Muslims, Hindus, Jews) or as individuals with no religious affiliation. Because many stores tap into the cash value of Christmas with their plethora of Santas, ornaments, and Christmas fanfare at your nearby mall, we can easily overlook the depth of the diversity present in America during this season. In reality, many different events, both spiritual, religious, and tradition based, are being celebrated in many different ways during these times.! It used to be that being inclusive meant sending out politically correct Happy Holidays greeting cards and changing Christmas office parties to holiday parties. Today, celebrating inclusiveness and diversity is about more than just changing labels and titles. Celebrating diversity and inclusiveness is about using the holiday celebration time to be with friends and family to build understanding and awareness about others.! Here are 3 ways to build your awareness of diversity and create an inclusive holiday environment: 1. Learn about other religious or holiday celebrations. Watch a TV special about other celebrations, do a Google search on a holiday, or check out books at your local bookstore while gift shopping. Share your learning with others, and use it as a chance to expand the conversation at parties and at the dinner table.! 2. Make no expectations about other religious or holiday celebrations. Realize that people celebrate a variety of holidays during this time of year, and some people choose to celebrate none. Be respectful of these differences by taking interest in other people's traditions and making them feel welcome. Don't be afraid to ask people what holidays they celebrate. Find out what they do during this time of the year that is special. Let it be an opportunity to learn.! 3. Mark your calendar and your address book with other scheduled religious or holiday celebrations. If the calendar you use does not list holidays like Kwanzaa, Hanukkah, Ramadan, and Diwali, find out the dates and record them as reminders. Many programs like Microsoft Outlook allow users to add calendar dates for celebrations from different parts of the world automatically, making this task quick and effortless.! A Note for Employers about Celebrations Here are a few extra things employers can do to make their workplaces more inclusive during the holidays.! • Make sure your event isn't a Christmas party in disguise. Decorations and food should be general, not specific. Consider having a New Year's party instead of a holiday party. This type of party can get everyone on board with the company's mission and vision for the New Year.! • Post holiday greetings on your webpage and Intranet for many religious holidays.! • Be respectful of these special dates, and plan events and meetings around various holidays. Be flexible with the needs of different employees about religious or holiday celebrations.! • Display a multi-cultural calendar to help all employees stay aware of important cultural events for the rest of the year.! • Encourage employees to share their celebrations through stories, decorations, and foods that they can bring to their workplace.! Resourcing Edge Newsletter 3 HUMAN RESOURCES They’re a Bad Fit Think of a better reason than “they’re a bad fit” when terminating an employee. If pushed, this cliché provides little or no defense to a wrongful termination claim. Rely on objective examples to justify the termination. If you ask “why?” the employee is a bad fit, you will likely find good examples to support termination.! ! For example:! Is the employee a poor performer? Give examples.! Does the employee fail to work well with others?! Have there been acts of insubordination? Incompetence?! Do they have an attendance problem?! ! The point is that there is probably a more objective and defensible reason why the employee is “not a good fit.” Identify the specific reason and rely on that as the basis for your decision.! Love At Work Workplace romance was a big topic this month. There were a lot of questions regarding how to handle dating in the workplace. The answer depends on the specific employees involved and your organization’s policies and procedures.! ! Manager ♥ Subordinate: Organizations should prohibit managers/ supervisors from becoming romantically involved with a subordinate. Getting involved with a subordinate demonstrates a serious lack of good judgment on the part of the manager. An organization has little defense against a sexual harassment claim involving a manager/supervisor. A consensual relationship can quickly turn contentious and ultimately put the organization at risk. Even if you don’t have a policy prohibiting workplace romance (if you don’t, you should), you can still prohibit this type of romance. Do not allow the relationship to continue – and do not alter the terms and conditions of the non-manager employee’s employment at all. (If someone has to be transferred, transfer the manager!) Any change in the non-manager employee’s status can be viewed as retaliation.! ! Co-Worker ♥ Co-Worker: Co-worker relationships can deteriorate and present real risks for an organization. Accordingly, co-worker relationships should also be prohibited by company policy and practice. Once you discover that employees are romantically involved, take the following actions: review your sexual harassment policy with the employees, discuss appropriate workplace conduct and, if possible, schedule the employees for different shifts.! No Leave Left, No Job Left Employers cannot automatically terminate an employee just because that employee has exhausted their medical leave. Consider this common scenario:! ! You have an underperforming employee that you desire to terminate. As soon as you begin to confront the employee’s performance issues, the employee informs you that they need a leave of absence for “stress.” The doctor’s note provided by the employee indicates that the employee will be released to work on 11/1. Then 11/1 arrives and the employee provides you with another doctor’s note indicating a return date of 11/5. 11/5 arrives and you receive another note extending the leave. At this point, the employee has exhausted their leave. Now what? Can you just fire the employee?! ! The answer is absolutely NOT! You will have to determine whether the employee is entitled to a reasonable accommodation under the American with Disabilities Act or a similar state law. Employers are required to provide a reasonable accommodation for qualified individuals with disabilities. Additional leave may be a reasonable accommodation. The key is to speak with the employee (engage in the “interactive process”) and explore whether, with additional leave, the employee would be able to return to work. You must take this step before considering termination.! ! ! Resourcing Edge Newsletter 4 PAY R O L L , TA X E S & A C C O U N T I N G Resourcing Edge Newsletter 5 BENEFITS 2015 Investment Outlook The U.S. economy continues its transition from the slow gross domestic product (GDP) growth of 2011 – 2013 to more sustained, broad-based growth. Ongoing progress in the labor market, an uptick in wage growth, and continued improvement in both consumer and business spending have propelled an uptrend in U.S. economic output. We believe inflation — which has historically accelerated as the economy moves into the second half of the business cycle — is poised to continue proceeding higher, but only modestly so.! ! Central banks around the world will also be on the move in 2015. In the United States, the economy is likely to continue to travel toward a point where the Federal Reserve (Fed) will begin raising interest rates, albeit gradually, for the first time in nine years. The Eurozone and Japan — the world’s second and fourth largest economies, respectively — could benefit, as central banks in those regions embark on more aggressive policy actions aimed at restarting and reaccelerating their longdormant economies.! ! Washington shifts from a relatively quiet 2014 to take a bigger role in 2015. The Republican takeover in the Senate and approaching debt ceiling limit might provide the opportunity for some movement out of the gridlock that has plagued Washington in recent years. We have several helpful tips and economic indicators to provide to you if you are interested in joining our 401k program. If you are already enrolled, please be sure you have this information from our benefits team. Email benefits@resourcingedge.com for the package. ! California Corner ! “California Choice” is undergoing their annual enrollment period right now through 12-31-14 for individuals and small business. Visit www.calchoice.com to view eligibility requirements, plans and rates. Resourcing Edge Newsletter 6 COMPLIANCE Federal Updates Making Workplace Technology Accessible Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in the activities of places of public accommodations (businesses that are generally open to the public and that fall into one of 12 categories listed in the ADA, such as restaurants, movie theaters, schools, day care facilities, recreation facilities, and doctors’ offices) and requires newly constructed or altered places of public accommodation—as well as commercial facilities (privately owned, nonresidential facilities such as factories, warehouses, or office buildings)—to comply with the ADA Standards.! ! The Office of Disability Employment Policy has created a web portal directed at employers to help ensure that workplace technology is accessible to all employees. The content “aims to help employers and the technology industry adopt accessible technology as part of everyday business practice so that all workers can benefit.” The portal is intended to provide everything “from educational articles to interactive tools.”! ! The web portal defines “accessibility in technology” as:! In general, “accessibility” within a technology context refers to the ability of different types of users to interact successfully with the technology. Those familiar with the Americans with Disabilities Act (ADA) are used to “accessibility” referring to architectural features that allow people with disabilities access, such as buildings, bathrooms, hotel pools, etc. The definition has expanded into technology to describe something that is easy to use and takes different types of users into account, including those with disabilities. It is different than “assistive technology,” which is technology specifically designed for people with disabilities.! ! The portal provides an 8 step guide for employers:! 1. Get a basic understanding of Title III requirements;! 2. Evaluate the accessibility of your workplace technology;! 3. Build a plan on how to improve accessibility;! 4. Buy and implement;! 5. Communicate your commitment and any changes to your workplace;! 6. Measure your success;! 7. Share what has worked and change plans as required and! 8. Re-evaluate periodically to ensure continued accessibility.! ! OSHA Final Rule On Jan. 1, 2015, the U.S. Department of Labor’s Occupational Safety and Health Administration’s (OSHA) final rule takes effect requiring employers to notify OSHA within 8 hours, when an employee is killed on the job; and within 24 hours, when an employee suffers a work-related hospitalization, amputation or loss of an eye. ! ! The revised reporting rule underscores OSHA’s strategy and focus for requiring employers to be vigilant in monitoring their workplaces and providing a safe environment for their employees. The information gathered as a result of the widened scope of the required reporting will be studied and used by OSHA to target workplace hazards in specific industries. For further details regarding the new rule, you can visit OSHA’s website at https://www.osha.gov/recordkeeping2014/faqs.html. Resourcing Edge Newsletter 7 COMPLIANCE State Updates CALIFORNIA: Paid Sick Leave Similar to Massachusetts, Paid Sick Leave will become mandatory in California on July 1, 2015. Employers must display a poster stating that:! ! • • • • ! Employees are entitled to accrue, request and use paid sick days;! The number of sick days provided to employees;! The terms for using the sick days; and! Retaliation or discrimination against an employee who request or use paid sick days is prohibited and employees can complain of that conduct to the Labor Commissioner.! A $100 fine will be issued for employers who fail to display this poster. Although the Division of Labor Standards Enforcement has issued a sample poster, employers are encouraged to create their own containing the necessary information. For a copy of the poster provided by the Division of Labor Standards Enforcement, please visit this link: http:// www.dir.ca.gov/DLSE/Publications/Paid_Sick_Days_Poster_Template_(11_2014).pdf ! ! FLORIDA: Miami-Dade County Expands Its Human Rights Law to Ban Discrimination On the Basis of Gender Identity And Gender Expression Last week the Miami-Dade County Commission amended the County’s Human Rights Ordinance (the “ordinance”) making it illegal to discriminate based on gender identity and expression. The ordinance states that “gender identity” is a “persons innate, deeply felt psychological identification as a man, woman or some other gender, which may or may not correspond to the sex assigned to them at birth” (i.e. on their birth certificate). This ordinance applies to any employer who employs 5 or more employees in the county. This amendment to the ordinance is effective December 12, 2014. ! ! Multiple States: Minimum Wage Increases on January 1, 2015 Check our previous issue from November to review the various minimum wage increases fast approaching. You can view in the News and Blog section on our website at http://www.resourcingedge.com/blog/. Resourcing Edge Newsletter 10 COMPLIANCE State Updates Continued… Massachusetts: Required Paid Sick Leave A new Massachusetts law will require employers with 11 or more employees to provide paid sick time. Employers with fewer than 11 employees will be required to provide 40 hours of unpaid sick time. The law takes effect July 1, 2015.! Definition of “sick time” “Sick time” is defined as time needed:! (1) to care for the employee’s child, spouse, parent, or parent of a spouse who is suffering from a physical or mental illness, injury or medical condition that requires home-care, professional medical diagnosis or care, or preventative medical care, or! (2) to care for the employee’s own physical or mental illness, injury or medical condition that requires home-care, professional medical diagnosis or care, or preventative medical care, or! (3) to attend the employee’s routine medical appointments or the routine medical appointments for the employee’s child, spouse, parent, or parent of a spouse or address the psychological, physical or legal effects of domestic violence.! ! Accrual Rate Employers are required to provide a minimum of 1 hour of earned sick time for every 30 hours worked by an employee. Employees begin to accrue the earned sick time commencing on the date of their hire (or, for current employees, the effective date of the law, July 1, 2015), but they are not entitled to use their accrued sick time until the 90th calendar day following their hire date.! ! Cap The law caps the amount of sick time earned in a calendar year at 40 hours. Employees may carry over up to 40 hours of unused earned sick time to the next calendar year, but employees are not entitled to use more than 40 hours of sick time in one calendar year. Moreover, employers are not required to pay out unused earned sick time upon separation from employment (as opposed to earned but unused vacation pay, which must be paid out upon separation). The law also states that employers who provide paid time off to employees under a paid time off, vacation or other paid leave policy that provides for the same or better accrual for reasons covered by the new law are not required to provide additional earned paid sick time. Employers with PTO or sick time policies who will continue those policies, therefore, should review their policies to determine if such policies comply with the new law.! ! Doctor Certification Allowed Employers can require certification of the need for sick time if an employee used sick time for more than 24 consecutively scheduled work hours. Employers can not delay the taking of or payment for earned sick time because they have not received the certification. Employees need to make a good faith effort to notify the employer in advance if the need for earned sick time is foreseeable.! ! Employers would be prohibited from interfering with or retaliating based on an employee’s exercise of earned sick time rights, and from retaliating based on an employee’s support of another employee’s exercise of such rights. Resourcing Edge Newsletter 9 EVENTS AND MORE 2015 Webinars There will not be a webinar this December, however, we have a great schedule approaching in the new year. Here are a few topics that will be covered in 2015:! Contact Info Main Office: 214-771-4411 ✦ General Inquiries and Sales info@resourcingedge.com invitation will be sent out in the coming weeks with further details)! ✦ Payroll Changes/New Hire Forms payroll@resourcingedge.com Workplace Bullying ✦ Human Resources/Background & Drug Screens - hr@resourcingedge.com ✦ Benefits Questions benefits@resourcingedge.com ✦ Workers' Comp Questions and Certificate Requests - wc@resourcingedge.com ✦ Accounting Issues, AP/AR accounting@resourcingedge.com ✦ Tax Questions and Issues tax@resourcingedge.com Affordable Care Act - January 28th at 2:00pm (an Sexual Harrassment and Romance at Work Dealing with Negative Employees and the Questions to Ask Effective Meetings Attendance Management ! ! ! ! ! ! ! ! ! ! Previous Webinars Documentation and Discipline If you missed our November webinar, you can watch the entire recording, download the video or presentation by visiting the HR webinar section of our website.! For any follow up questions on Documentation and Discipline, please email to info@resourcingedge.com and our HR Specialists will follow up with you. Resourcing Edge Newsletter 10
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