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March 11, 2010

Arbitration Restrictions for Federal Contractors : Just the Beginning?

Filed under: Employment Law — Tags: , — Jane @ 12:53 pm

Dramatic changes may be coming regarding the use of mandatory arbitration agreements in the workplace.

The recent Department of Defense Appropriations Act (the “Franken Amendment,”) significantly narrowed  the use of mandatory arbitration in employment agreements between defense contractors (and subcontractors) and their employees or independent contractors.

At present, the legislation applies to defense contractors, but all federal contractors could be next.  In fact, the proposed Arbitration Fairness Act would restrict mandatory arbitration for all types of employers.

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March 8, 2010

Woman fired for ALL CAPS e-mail wins court fight

Filed under: General HR Buzz — Gene @ 12:45 pm

Writing in all caps is one of the most annoying e-mail etiquette breaches. But would one of your managers fire someone for it?

That’s exactly what happened to one woman in New Zealand. Vicki Walker, former controller for a health care company, was fired for sending what her boss called “confrontational” e-mails.

For example: One message advising her staff on how to fill out claim forms contained text in all capitals, as well as some statements in bold and red fonts.

Walker took the company to court for wrongful termination (New Zealand employees can only be fired for cause). The company defended its action by arguing that she caused “disharmony in the workplace.”

But the court didn’t buy it and awarded Walker $17,000. Annoying, yes, but misusing the caps lock key wasn’t a serious enough offense for termination

Source: Sam Narisi -hrmorning.com

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Employees Can’t Get No Satisfaction?

Filed under: General HR Buzz — Tags: — Jane @ 10:00 am

According to a Conference Board study, Americans are increasingly dissatisfied with their jobs.  The survey found that only 45% are happy in their positions.  That’s the lowest number in the 22 years that the Board has been doing the study.  By contrast, in 1987, a majority of workers (61%) were satisfied at work.  Employees under 25 had the highest level of dissatisfaction.  Other findings included:

  • 56% of employees like their co-workers
  • 51% were satisfied with their bosses
  • 56% were satisfied with their commute
  • 51% find their jobs to be interesting

According to a CareerBuilder survey, 19% of employees plan to change jobs in 2010 and another 9% intend to do so in 2011.  Hopefully these people will have somewhere to jump to.  It’s suggested that these people may be motivated to seek work elsewhere because of pay and benefits cuts in recent years.

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March 5, 2010

HR Fact Friday: Determining Independent Contractor Status: 5 Resources for Employers

Appropriately classifying individuals as employees or independent contractors can be more complex than it appears. One complexity involved in determining independent contractor status, notes Attorney James Coleman, a partner in the Washington, D.C., office of Constangy, Brooks and Smith, is that the Internal Revenue Service (IRS), the Fair Labor Standards Act, Title VII of federal civil rights law, and some state-level regulations each define such contractors in slightly different ways.

(more…)

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February 19, 2010

HR Fact Friday: Fraud by Employees Common

Filed under: Discipline & Termination, General HR Buzz — Tags: , , — Paul @ 6:00 am

Occupational fraud might be more common than many HR professionals suspect, and some experts argue that the economic downturn might be leading more people to commit fraud because they are facing mounting financial pressure on the home front.

U.S. organizations lose an estimated 7% of revenues to fraud each year, according to the Association of Certified Fraud Examiners’ (ACFE) 2008 Report to the Nation on Occupational Fraud & Abuse. The largest cases occurred in manufacturing, banking and insurance, respectively. The median loss was $175,000, researchers found.

Embezzlement takes many forms, such as stealing cash or diverting resources to pay personal expenses and then trying to hide them as legitimate vendor payments, noted Hubert Klein, a partner at Amper, Politziner & Mattia in Hackensack, NJ.

People in every industry have the capacity to commit fraud, but, according to the ACFE, those in accounting and upper management are most likely to do so. Most are first-time offenders: Only 7% of those caught had prior convictions, and just 12% had been terminated previously by an employer for fraud-related conduct, the researchers found.

Adopt internal controls, a monitoring program and a formal process for investigating anomalies to reduce the risk of fraud. Other recommendations include consulting with an attorney(s) and accountants to set up best practices internal audits and review the organizational structure and controls to make sure employees “aren’t using their expense accounts to pilfer.” Also watch for jobs with troublesome overlapping responsibilities, such as where one person is responsible for paying bills and reconciling bank statements.

Source: HR Magazine, Pamela Babcock, 2/2010, pg 14

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February 17, 2010

Around the States

Filed under: Employment Law — Jane @ 2:50 pm

Colorado’s minimum wage will drop slightly ($.03/hour) in 2010— the first decrease in any state’s minimum wage since the federal minimum was adopted in 1938.  Colorado is one of 10 states that base minimum wage on inflation.

Washington’s “Everything But Marriage Law” has taken effect after a November referendum  approved it.  The law seeks to provide registered domestic partnerships (same sex and some opposite sex partners)  the same rights and benefits under state law as accorded traditional marriages. Washington employers should review their benefits programs, policies and practices to ensure compliance with the new law.

A new Cleveland ordinance prohibits businesses from denying employment or housing on the basis of gender identity or gender expression.

The California Division of Labor Standards Enforcement (“DLSE”) has issued an opinion letter (DLSE Op. Letter 2009.11.23) stating that while employers can’t deduct an exempt employee’s salary for partial day absences, they can charge employee leave balances.

Previously exempt employees’ leave could only be charged in 4 or more hour increments. The federal Department of Labor has permitted this practice for some time.  This is a great development for California employers.

Effective January 1, 2010, an Oregon law became effective which prohibits employers from requiring employees to attend meetings to learn about the company’s union views.

The law also requires that all Oregon employers post a related notice advising employees of their rights.

Oregon now requires certain employers to have automated defibrillators on site.

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2010 HR Educational Webinar – Employee Opinion Surveys

HRN’s 2010 HR Educational Webinar series continues with a unique and informative discussion being presented on Tuesday, March 16 2010 at 2pm Eastern Time by HRN Consultant, Gene Mandarino.

The topic is:
Employee Opinion Surveys – Improving the Workplace

To register go to: https://www1.gotomeeting.com/register/640981361

An employee opinion survey is a dynamic process that generates valuable feedback. It can measure employee attitudes about important matters that affect productivity, turnover and their level of engagement. Done correctly, the survey will yield some very clear actions management and employees can take to enhance what is working well and address areas that need improvement. Done poorly, a survey will erode employee trust and leave staff feeling frustrated and demoralized.

In this 60-minute FREE HR educational webinar you will learn:
- Best practices and common mistakes made when administering an employee opinion survey
- Common areas of dissatisfaction
- Real strategies organizations have used to positively impact areas of dissatisfaction 

We look forward to your participation.

Sincerely,

Paul Hendrycks
Vice President, Sales & Marketing
HRN Management Group
paul@hrnonline.com

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February 12, 2010

HR Fact Friday: U.S. Salary Increase Budgets Hit 25-Year Low

Filed under: Compensation, Salaries & Pay — Tags: , , , — Paul @ 6:00 am

U.S. companies’ budgets for salary increases in 2010 fell to their lowest level in more than two decades, The Conference Board reported Tuesday, February 9.

The 2010 median forecast of salary budgets for increases is 2.8 percent for all employee groups, the lowest level in the 25-year history of The Conference Board’s annual survey on salary-increase budgets.

In addition, changes to salary structures (changes to minimum, midpoints and maximums of pay scales) to account for changes in cost of living and other factors aren’t expected to top 2 percent, according to the survey. That’s below The Conference Board’s forecast of a 2.6 percent inflation rate.

In the statement released with highlights of the research, “Salary Increase Budgets for 2010—Winter Update,” Linda Barrington, the organization’s managing director for human capital, said: “U.S. workers will continue to face downward pressure on their salaries and wages. Without the purse strings loosening on financial rewards, employers are going to have to rely on other ways of engaging employees, especially top performers, in order to keep their companies competitive.”

The survey included 285 U.S. organizations.

Source: Workforce.com

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February 10, 2010

IRS More Aggressive Regarding Employment Taxes

Filed under: Employment Law — Tags: — Jane @ 1:28 pm

State and federal tax agencies around the country are aggressively seeking more revenue to deal with burgeoning budget deficits.

The IRS is planning to institute its first Employment Tax initiative since 1984.  It intends to audit 6000 companies looking for:

  1. Misclassification of employees as independent contractors,
  2. Problems with reporting tips,
  3. Issues regarding underreporting of compensation of officers and owners in S corporations and
  4. Problems with reporting fringe benefits such as car allowances, club memberships, payment for equipment and tools, and personal use of company owned vacation property.

All employers should closely review their pay and benefits practices.  The trend of government looking for more and more tax revenue will likely escalate.

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Job Hunting? Now May Be a Good Time to Kick the Habit

Filed under: General HR Buzz, Hiring & Jobs — Mike @ 1:01 pm

Given the economy and record unemployment rate, employers can afford to be choosy in their hiring practices. In addition to credit checks, drug testing and background investigations, some companies are now conducting nicotine tests on prospective candidates.

Federal law doesn’t protect smokers from discrimination, however 16 states have laws prohibiting employment decisions based on the tobacco habits of a candidate.

In 2008 Caterpillar Inc. banned smoking on its worksite and Whirlpool Corp. fired 39 workers who lied about not smoking to avoid paying an increase in health care premiums, according to Colleen Madden, a researcher at Challenger Gray.

Memorial Hospital in Chattanooga, Tenn., doesn’t hire new employees who use any kind of tobacco products, on or off duty, according to Madden. Nicotine screenings are included with the usual drug screenings.

Sometimes the habit proves a stronger lure: In 2006, Weyco and Scotts Miracle Grow each stopped hiring smokers, and four Weyco workers quit rather than take the mandatory nicotine screening.

The best advice when applying for a job: Be truthful on the job application, even if you’re a smoker.

Source: www.walletpop.com

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