The recent white nationalist rally that occurred on August 12th, in Charlottesville, Virginia caused a job termination for a rally participant, after pictures of him marching in the rally were posted on social media. Recent hate group activities have raised the question, “Should an employer terminate an employee who participates in such activities?”
Unfortunately, the answer to that question isn’t clear. Attorneys are recommending a case-by-case analysis. There are mitigating factors that determine how to proceed. For example, it depends in which state the worker is employed, what risk, if any, has this participation affected the company, and whether workplace policies have been violated.
The First Amendment’s protections of freedom of speech apply only to government, not to private employers. Private-sector employers do not have to allow employees to voice beliefs in which other workers may find offensive. However, employers must be certain that this is not in violation of the employee’s civil rights. Government employers, however, may not be able to fire employees who participate in protests. This can become extremely complicated as the individual state laws must also be considered. In some states, employers are prohibited from discriminating against employees for engaging in lawful conduct when they are off duty. Some employers will fire a worker anyway, even if it poses risks to do so, claiming that the employee’s off-duty activities breaches with the employer’s workplace policies. This can be further upsetting and disruptive to the workplace if pictures of an employee participating in such a rally begin to circulate around the office. Tensions and problems are certain to arise, as a result.
An employer has the right to expect its employees to contribute to an environment of mutual respect. By contrast, when dealing with an employee who has extreme political and radical views, that other employees and your customers oppose, it may be best to terminate the employee. As an employer, you must examine what are your risks of being sued for not firing this employee with the extremist views? And what impact will this situation have upon your business?
This is a tough call and each situation must be handled on a case-by-case basis. It is wise to seek the guidance of those who are well-versed in difficult workplace situations. It is also a good time to review your company policies in your handbook. Your Workplace Violence Policy must be specific regarding firearm possession on company premises, include information about bullying and have concrete employee safety guidelines. In addition, your Communications Policy must go beyond Internet and email monitoring and include all facets of social media (Facebook, Instagram, Twitter and blogging). A cell phone policy is also necessary. Employee safety policies must be reviewed and revised often, especially in our ever changing world. What safeguards do you have in place for your business?
“Don’t judge a book by its cover.” I’m sure everyone has heard of this phrase or has been told it once in their life. This applies to more than just your personal life with friends, but with your professional life as well. When hiring for a certain position for your company, don’t rely solely on the resumes laying in front of you. If they meet your basic qualifications, reach out and see what their character is like.
Candidate A could have a 4.0 and went to an Ivy League school but could have the character of a wall. Candidate B may have a 3.5 or less but could be the most driven employee you’d ever have. What lies on a piece of paper shouldn’t determine what a person is really like.
An article on SHRM talked about how companies should hire people instead of resumes. They mentioned how some people could be considered “scrappers”; people who grew up in less than ideal circumstances. I can relate to this concept. My parents divorced when I was young and ever since my life has been constantly changing. I had two homes and new siblings in under 2 years. I was the eldest so I was always required to take care of all the children, which made me grow up fast and made me reliable, driven, and quick on my feet. I wanted to leave a good example for my siblings to follow, so I made sure to do well in school but also take care of them. I thank this experience because it made me the determined and reliable young woman that I am today.
I also grew up where money was tight and I couldn’t go to an expensive college once I graduated like I dreamed. I worked hard and made my studies a number one priority, but I also had to watch over my siblings and deal with parental drama. I didn’t receive a 4.0 but I did get almost a full ride to the college I am currently attending.
Just because someone may have a well written resume and has more experience or higher grades then other candidates, it doesn’t mean they are the perfect fit for your company. Get to know the person behind the resume and see of their character shines through. They do need some experience and knowledge for what the job entails, but they also need the right character traits to make the job blossom to its full potential.
The Americans with Disabilities Act (ADA) states that it is unlawful when hiring employees to discriminate against a qualified individual with a disability. If you employ 15 or more people in the private sector, or if you work in state and local governments or employment and labor organizations, you must comply with the ADA rules.
These rules include providing a reasonable accommodation to a qualified applicant or employee with a disability, unless the employer can prove the accommodation would pose an undue hardship to the employer. Often, the word, “accommodation,” strikes fear in the hearts of managers and employers. In reality, it is a common courtesy that may be easier than you think to implement, like:
- Moving someone to part-time or a modified work schedule
- Providing hearing aids on equipment, readers, interpreters or other devices that modify equipment to the employee’s benefit
- Accessibilities in the workplace such as the lobby or a lounge
- Restructuring of someone’s job
- Better training materials
Keep in mind that it is always unlawful to discriminate in all areas of employment, including terminations; lay-offs; leaves of absence or other leaves, pay and benefits, job assignments or promotions and other job activities. If you’re befuddled by the ADA, call HR Strategies. We are experienced in handling these types of matters, allowing you to get back to doing what you do best – running your business.
While the new Overtime Law is still in limbo – that is, it is still under an injunction and appeals have not been heard — it does not mean that you don’t have to comply with the FLSA. Don’t fall short so that you’re scrambling when the injunction is lifted. Continue doing employee evaluations, create new or updated job descriptions and review all job classifications to make sure they are correct. That means making sure that job descriptions are comprehensive and clearly reflect whether a person should be classified as either exempt (salaried) or non-exempt (hourly), and are paid accordingly. A few things that may help you organize your thoughts and your tasks:
- Know your staff members. Be familiar with their roles and duties, work hours and physical job requirements. Make sure these are included in your job descriptions, and have a written job description for each job in the company.
- Understand the difference between exempt and non-exempt and how this impacts pay, especially when it comes to overtime.
- Require time sheets for all non-exempt employees and keep careful records.
- Pay any and all overtime beyond 40 hours physically worked for non-exempt employees; make sure you have a policy regarding overtime.
- Train your managers on HR and Employment Law so they know what is expected.
- Be consistent with pay practices.
- Establish written policies that clearly explain how your company defines work hours. This should encompass hours open for business, employees who work on-site or telecommute, time and attendance, and leave policies. Once these are written and satisfactory to you and they meet all HR Law requirements, communicate the policies to your employees.
If these actions sound like daunting tasks that you aren’t compelled to do, either because there is no immediate deadline or because you just don’t have the knowledge or skill, contact us at HR Strategies. We can help make a painful process a little easier. We can’t change the requirements or the timeline, but we can make sure you’re ready, whatever the result.
A bill requiring employers to include paid sick leave for employees recently passed in the Maryland House of Representatives. Many feel this will negatively impact small business, but my take on it is the opposite. Here’s why:
Sickness is real. People are anxious about taking time off because they don’t want to lose pay. In today’s workforce, which is made up of many dual-income families, when people get sick, they still go to work. They infect their co-workers and they are unproductive. The question is: “How does this benefit anyone, especially the employer?” It doesn’t. It only causes more sickness, decreased productivity and low morale.
Providing paid leave, capped annually or monthly, can be a stress-reliever for the employee who is feeling ill, has the flu, simply cannot get out of bed, yet feels intense pressure to show up knowing that he or she cannot afford to lose a day’s pay. Paid sick leave is a contemporary, forward-thinking policy, relevant to 2017 and beyond. It offers flexibility for a family where both parents are working. It keeps the sicknesses/illnesses out of the workplace — which we know from experience is a huge bone of contention for business owners and co-workers who are often “plagued” by the person in the next cubicle who is coughing all day long. Going to work sick is unproductive to the entire team, and it affects the employer. Employees are not on their A-game when sick, and this can be costly. Mistakes are made, revenue can be lost, and more people calling out sick after being exposed to an illness stretches the entire team.
Opponents would argue that paid sick leave is an opportunity for employees to take advantage of days off from work. Paid sick leave isn’t a free-for-all, nor was it meant to encourage irresponsible absenteeism. Businesses need to have attendance policies, with sick leave included. The policies should have a cap on time allotted and be managed for proper payroll practices, especially for hourly personnel. There should be options for these employees, as well as those exempt employees who run out of time. If absenteeism becomes a problem, it needs to be addressed by the employer according to the policies that have been written and communicated to all employees.
Don’t discount the price of paid sick leave – not having it can be sickening.
It’s March and you thought you were escaping the winter unscathed by a major snow storm, right? As an employer, you have two things to do on the snow day or PRIOR TO the snow day should a big storm be imminent:
1. Communicate the company’s status and severe weather policy to employees;
2. Know how your staff is compensated for snow days because you will likely be asked.
The first one should be in place already. If it’s not, here are some quick options:
- Communicate via a website, intranet, or in a “robo-message;”
- Text, e-mail or post on your Company Facebook page.
No matter which method you choose, be sure employees know where to look for the information.
Questions about compensation will surely arise: “Will I get paid if the office is closed for a snow day?” Don’t get caught in a situation where you don’t know the answer. Wage and Hour is one of the most critical, yet confusing areas of HR. Here are some common questions about bad weather days and some reliable answers.
Q: We were closed for a day because of the weather. Do I have to pay hourly (non-exempt) employees for that day? What about early closing or late opening due to weather?
A: If non-exempt employees miss an entire day’s work because you are closed and you didn’t require them to report to work, you are generally under no obligation to pay them, unless you have promised otherwise. Non-exempt employees are paid only for “hours worked.” Missed time because the company closed during a weather emergency isn’t considered hours worked. The same is true for early closings or delayed openings. Federal law does not require payment to non-exempt employees for missed time. However, you must pay for any time they worked at home, or had to stay at work while a decision was made.
Q: Can I require employees to use their accrued leave when the company closes due to inclement weather?
A: Under federal law, employers may generally require both non-exempt and exempt employees to use accrued paid time off for the time missed due to inclement weather. However, if exempt employees do not have accrued paid leave available, they generally still must receive their full salary as long as they have performed any work within that workweek. Note: Some states do not permit employers to require the substitution of paid leave in these situations. Check with HR on this.
Q: We remained open during bad weather but some employees stayed home and others left the office early. Do I have to pay them for the missed time?
A: You do not have to pay non-exempt employees for the time they miss when they choose to stay home or when they leave early.
Q: A non-exempt employee stayed home even though we remained open during bad weather. The next day, the employee indicated that they had worked on email for two hours (unbeknownst to us). Do I still have to pay the employee for this time?
A: Yes. If the employee is non-exempt, he or she must receive pay for any time actually spent working, including checking and replying to email, regardless of whether it was authorized in advance.
Q: Do I have to pay my exempt (salaried) employees when we close because of the weather?
A: Exempt employees must generally receive their full salary in any workweek in which they perform work, regardless of the number of hours worked. Therefore, if your company closes for less than a full workweek due to inclement weather, you must generally pay an exempt employee his or her full salary, as long as the employee worked any part of the workweek.
Check your policies on Inclement Weather, Time Off, Personal Leave, and PTO. If you still have unanswered questions, please call The HR Lady – even if it is a snow day.
Any information received in this Alert is not legal advice and should not be misconstrued as such.
New I-9 Form for 2017
Current Form Valid Only until January 21, 2017
Effective January 21, 2017, it will be required that all employers use the latest I-9 Form. The U.S. Citizenship and Immigration Services (USCIS) announced that the latest version of the I-9 Form will be available November 22, 2016. At that time, you may begin using the new form or continue to use the current I-9 (with a revision date of 3/8/2013) but only until January 21, 2017. The new form will have an expiration date of 8/31/2019.
This new form will be a welcome change to employers. There will be lesser points of confusion using the revised form. The newly revised I-9 also features several new structural changes and instructions which will be important for all employers to know and learn. This new I-9 is not an electronic one; employers will need use Adobe Reader to obtain this new smart form. The form is designed to help eliminate technical errors, for which an employer may be fined.
The new form requires that workers provide only other last names used in Section 1, rather than all other names used. This is to avoid possible discrimination issues and to protect the privacy of transgender and other individuals who have changed their first names. It also will contain validations on certain fields to ensure information is entered correctly. The form will validate the correct number of digits for a Social Security number or an expiration date on an identity document, for example. By using this new smart form via Adobe Reader it will allow employers to access the instructions electronically, print the form and clear the form to start over. There are several other new features as well, all contributing to the efficiency of the new form.
Employers will still need to print the form, obtain handwritten signatures, store in a secured place, monitor reverifications and updates with a calendaring system, and retype information into E-Verify if required. Staying compliant in all HR areas is critical but especially in regards to I-9 compliance as the fines can be quite steep otherwise.
Photo: Maryland legislators signing Equal Pay for Equal Work
As of October 1, 2016, it will no longer be taboo to discuss your salary with your co-workers. Rather, employees will now be encouraged to discover and discuss disparities in pay. Maryland Governor, Larry Hogan, has signed into law a significant expansion of the Maryland Equal Pay Law; thus making it easier for employees to discuss salaries with one another. This expanded law will provide new provisions to prohibit pay discrimination on the basis of gender identity.
Last May 19th, the Maryland Equal Pay Law was expanded to prohibit companies from paying a wage to an employee of one sex or gender identity, at a lower rate than employees of another sex or gender identity, if both employees work in the same organization and perform the same job, or the same type of work.
However, there are certain defenses that allow employers to base variations in pay based on non-discriminatory factors. These factors include: seniority, a merit increase system, shift differentials and differences in jobs. The new law, effective October 1, 2016, also provides additional defenses that permit an employer to pay differentials based on the employee’s educational level, training and experience. These differentials must be documented in performance appraisals that measure both quantity and quality of the employee’s production.
It Doesn’t Stop with the Paycheck
This law also protects the employee against unfavorable employment opportunities, based on sexual identity or gender. An employer may not direct an employee into a less-favorable career path, or fail to provide information about advancement and promotions. The full-range of career tracks, that an organization offers, must be disclosed and presented to all employees, regardless of sex or gender identification.
The new Maryland law gives employees the right to inquire about, disclose and discuss their own pay and that of their co-workers. Employee’s must be mindful of where and when they have these discussions, as some Maryland employer’s may have specific written policies that establish reasonable workday limitations in regards to the time and place these discussions can take place.
Pay transparency is a national topic. The National Labor Relations Board, broadly interpreting employees’ right under the National Labor Relations Act to participate in protected concerted activity, repeatedly has struck down as unlawful confidential information policies that ban employees from disclosing or discussing their pay. October 1st will bring a new pay transparency that should help employees garner the salary they deserve.
HR Strategies is pleased to announce our connection with My Sister’s Place, a women’s center in Baltimore City, under the auspices of Catholic Charities. My Sister’s Place provides three meals per day and access to services, such as case management and job training, to women who are in need of a helping hand.
HR Strategies has developed job readiness training sessions for the women, who are in the internship program. The internship program prepares the women for independent living. We work in conjunction with the case worker/coordinator of the internship program to help the interns become job ready and ultimately, successful in the workplace.
How Do We Do This?
Sheila Smith and I conduct interactive sessions with the ladies. We teach the fundamentals of good resume and proper cover letter writing. The training also includes job search tactics, preparing for the interview and interviewing protocol. We try to make the learning sessions fun too. We all seem to enjoy our 1 ½ hours together. In fact, we seem to run out of time with each session!
This current group of interns are ready to take on the world! Sheila and I have been invited to attend our first graduation ceremony at My Sister’s Place. This will be a proud day for HR Strategies. We have grown quite fond of the ladies, their coordinator Liz, and My Sister’s Place.
Our sincere hope is that they have learned as much from us, as we have from them.
Watch to learn more about My Sister’s Place
As HR Consultants, we know the importance of having the right staff on board; good employees can make or break your organization. We are committed to finding the right candidate for your organization, not just filling an empty seat. We match candidates with company culture, as well as selecting those with an optimal skill set. HR Strategies’ niche recruiting services are tailored to fit your needs, not a blanket approach to filling jobs.
We work with our clients to gain a thorough understanding of the short and long-term staffing needs and the budget. We will work with you to determine your specific needs and diligently find the right candidate to enhance your organization for current and future objectives.
Why is our recruiting unique?
- We work closely with our clients to understand their culture and recruiting philosophy.
- HR Strategies, LLC, does not contract for a percentage of the first year salary, so we typically fall well below the traditional percentage structured fee.
- Hiring is not limited; we hire at all levels. Our combined 25+ years of recruiting and interviewing for a multiplicity of positions gives us the proven experience needed to fill your jobs.
- We help our clients craft a well-defined and detailed job description. This will ensure a better return on your candidates.
- Pre-screens and thorough interviews are conducted for select candidates. Only the best qualified candidates will be referred to you for an interview.
- Client education is provided on current marketplace trends, salaries and candidate expectations.
- We work continuously with you throughout the recruiting, interviewing, hiring and onboarding process. Stellar communication is key to a successful hire!
- We will assist with the onboarding process of all new hires; providing you with new hire paperwork and compliance requirements, as well as performance management guidelines.
- We provide a Behavioral Assessment specific to the job opening to help with determining the best fit. Our assessment determines how a candidate is most likely to behave in the workplace, and provides instant detailed feedback to be used in the interviewing process and prior to the hire.
HR Strategies, LLC is committed to helping our clients attract and retain the best people! Contact us today and we can formulate a recruiting plan for you.