August 13, 2010

HR Fact Friday: Gap in Female vs. Male Income Not Closing

Filed under: Compensation,Salaries & Pay — Tags: , , , — Paul @ 10:49 am

Women in New York state earned a median weekly income last year of $720, or about 84 percent of the $858 earned by men in the state, the U.S. Bureau of Labor Statistics reported Tuesday, August 10.

Women in the Empire State fared better than other women across the country, who earned a median income of $657, or 80 percent of the $819 nationwide median income brought in by men. But the gap between male and female salaries in New York did not narrow from 2008, when it reached a record high. The numbers reflect workers in full-time wage and salary positions.

“In terms of women making strides, the ratios haven’t changed a lot in the last few years,” said Martin Kohli, a BLS regional economist. “Women have not been making additional gains in terms of closing the wage gap.”

(more…)

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August 11, 2010

DOL Expands Definition of “Son or Daughter” for FMLA and Includes Non-traditional Parents

Filed under: FMLA — Jane @ 3:01 pm

The U.S. Department of Labor (DOL), in Administrative Interpretation No. 2010-3, has expanded the definition of son/daughter for the purposes of childcare leave under the Family and Medical Leave Act.  Under the FMLA, eligible employees are entitled to take up to 12 weeks of leave for the birth, adoption, or placement of a child or to care for a child with a “serious health condition.”   FMLA regulations state that “son or daughter” includes a “biological, adopted or foster child, stepchild, legal ward, or a child of a person standing “in loco parentis” (in place of a parent).   “In loco parentis” includes those with no biological or legal relationship with a child.   According to the Administrative Interpretation, an employee qualifies under the “in loco parentis” test if: 1) S/he provides day to day care for the child OR  2.) S/he is financially responsible for the child.  Additionally, an employee need only provide a statement, that day to day care or financial support is provided, to qualify for the leave.  The DOL’s Interpretation can be found at: 

http://www.dol.gov/whd/opinion/adminIntrprtn/FMLA/2010/FMLAAI2010_3.htm

The Interpretation expressly mentions same sex couples as qualifying for this leave.  It could also include grandparents, siblings, aunts, uncles and other family members or friends. 

Note, however, that the FMLA still does not require leave for unmarried employees to care for their seriously ill partners.

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August 10, 2010

Doesn’t Sound Like “Happy Jetting” To Me

Filed under: General HR Buzz — Mike @ 7:24 pm

JetBlue’s slogan of “Happy Jetting” apparently didn’t make it into the employee handbook.

According to authorities, a JetBlue flight attendant got into an argument with a passenger on a jetliner arriving at John F. Kennedy International Airport on Monday, cursed the passenger, grabbed a beer from the galley and then deployed an emergency exit slide and fled the plane.

That’ll be $7 for the beer, and oh by the way, we only take credit cards.

Read the full article here

Source: NPR

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August 9, 2010

U.S. Supreme Court Upholds City’s Right to Review Text Messages

Filed under: General HR Buzz — Jane @ 9:49 am

In City of Ontario v. Jeff Quon (June 17, 2010) the U.S. Supreme Court unanimously ruled that the City didn’t violate Fourth  Amendment protections against unreasonable searches when it reviewed an employee’s text messages sent on a city provided pager.  While this decision applies to public sector employers the case provides useful guidance to all employers.

The City of Ontario Police Department had issued pagers to SWAT team members and paid a monthly fee for their use, which included a 25,000 character limit.  City policy provided that it reserved the right to monitor communication activity, warned that employees should have no expectations of privacy in these communications, that all communications using city equipment are city property, that such resources should not be used for personal reasons, and also banned obscene, harassing, or inappropriate communications.   Quon exceeded the limit multiple times (chatting with his wife and mistress using sexually explicit language) and paid the over limit charges.  When an increasing number of officers were regularly exceeding their pager limits, an audit of messages sent during work hours was undertaken.  Quon was disciplined and he sued.

The Court found that even if Quon had a reasonable expectation of privacy, the City didn’t violate the Fourth Amendment.  It found that the search was reasonable as the City had undertaken the audit to determine if the pager program was sufficient and if the overages resulted from personal or job related messages during work time. Additionally, the search wasn’t excessively intrusive as only several months of work time messages were reviewed.

The Bottom Line:   The case underscores the need for solid and well-communicated policies regarding emails, texting, cell phones, and other electronic communications.  Additionally, it’s important to be able to demonstrate that any searches be work related and limited in scope.

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August 6, 2010

HR Fact Friday: Planned Merit Increases Near 2%, Economy Still Affecting Trends

Filed under: Compensation,Salaries & Pay — Tags: , — Paul @ 7:46 am

The average planned merit increase for next year is 1.98 percent, according to BLR’s 2011 Pay Budget Survey. The survey reveals that the weakened economy is still affecting pay increases. For example, respondents from a previous survey reported an average planned merit increase of 3.71 percent for 2009, which is significantly higher than this year’s projections (1.98%).

The survey also collected data on actual pay increases in 2010. The report shows that the average actual merit increase for 2010 (1.46%) was lower than the average planned merit increase (1.85%) reported in last year’s 2010 Pay Budget Survey.

The survey results are compared in several ways, including:

Job Level and Region

Company Size

Industry

A total of 1,230 organizations participated in the survey. BLR conducted the survey in June 2010.

View the complete 2011 Pay Budget Survey Summary (must be HR.BLR.com subscriber to download).

 Source: HR.BLR.com

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August 4, 2010

Immigration Debate May Spur Workplace Concerns Around the Country

Filed under: General HR Buzz — Jane @ 1:59 pm

The recently enacted Arizona immigration law makes it a state crime for someone to be in Arizona illegally and requires the police to arrest those who can’t provide evidence of citizenship or the right to be in the U.S.

But the impact of the law reaches far beyond Arizona, as massive media coverage, and strong feelings on the issue are likely to affect many workplaces.

Employers should be on alert for racial harassment jokes and slurs targeted against Hispanics as well as other forms of discrimination based on race or national origin. Some employers or their managers may seek to create more “English only” workplaces, which is appropriate only in limited circumstances.  Organizations should also ensure that Hispanics are not required to meet higher standards than others, whether that’s requiring more documentation for I-9s, stronger skills, or different criteria for promotions or raises.   Immigration is a controversial and sensitive issue which isn’t going away any time soon.   In fact, other states are discussing similar actions to those taken in Arizona.  With this in mind it’s a good time to roll out those good HR practices of EEO and harassment training for managers and staff, diversity initiatives, regular dissemination of policies, and an ongoing review of practices and procedures.  Finally, it’s important to ensure that non native English speakers understand nondiscrimination policies, complaint procedures, and safety information.

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August 2, 2010

She’s too Sexy for Her Job?

Filed under: General HR Buzz — Tags: — Jane @ 2:01 pm

From the “you can’t make this up department…”        A former Citigroup employee has sued, alleging that she was illegally terminated because “she’s too sexy for her job.”   She claims that she was told she dressed in a way that was too distracting to male coworkers. She also noted that she’d been subjected to inappropriate comments in the workplace.   Additionally, she says that she’s always been burdened with good looks and refuses to “eat and gain 50 or 100 pounds because my job wants me to be the same size as everyone else.”    A lot of comments on this case come to mind, but I’ll leave it by simply saying that I hope that being “too sexy for your job” is not added to the classes protected under EEO laws.  HR people have enough to worry about.

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July 30, 2010

HR Fact Friday: Department of Labor to Conduct FMLA Study

Filed under: FMLA — Tags: , , , — Paul @ 12:09 pm

The Department of Labor next year will conduct a survey on how employees are using the Family and Medical Leave Act, Labor Secretary Hilda Solis announced Tuesday, July 20.

The survey, to be done by the department’s Wage and Hour Division, is intended to “provide insight into how families” use FMLA leave, as well as information on regulatory changes, among other things, the Labor Department said.

The Department of Labor has done several surveys on the FMLA since 1993, when the FMLA legislation was approved—the Clinton administration’s first major domestic initiative to pass Congress.

The most recent survey, released in 2007, estimated that 8 to 17.1 percent of employees took FMLA leave in 2005.

The FMLA gives employees the right to take up to 12 weeks of job-protected unpaid leave a year because of certain family situations, such as the birth or adoption of a child, to take care of a sick child, or to care for their own medical problems.  

Source: Workforce.com

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July 28, 2010

Around the States

Filed under: General HR Buzz — Jane @ 1:49 pm

The Illinois minimum wage rates increased to $8.25 on July 1, 2010.  Employers may pay new employees $7.75 per hour during their first 90 days of employment.

Effective July 2, 2010, Ohio employers with 50 or more employees must provide two weeks of unpaid leave for an employee who is the spouse, parent, or a person who has or had custody of a member of the uniformed services when that member is deployed or injured. (Ohio Military Family Leave Act). On June 23, 2010, the Tennessee Human Rights Act was amended to allow English-only policies in the workplace under certain circumstances.   All employers, whether in Tennessee or elsewhere, should be very cautious in implementing any English only policies, which must be narrowly crafted.

The Kansas Indoor Clean Air Act, which prohibits smoking in enclosed public and workplaces, became effective on July 1st, 2010.
New Jersey employers must conspicuously post a revised   MW-17 Wage Payment poster (found at: http://lwd.dol.state.nj.us/labor/forms_pdfs/lsse/mw-17.pdf) by July 13th, 2010.  Employers must also provide employees a hard copy of the NJDOL’s prepared notice about the law, after it’s issued by the NJDOL.

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HRN Announces Executive Retirements

Filed under: HRN News — Michele @ 9:45 am

A day we have been preparing for and wishing would be long in coming has nearly arrived. Effective July 31, 2010 HRN’s Founder, President & CEO, Jerry P. Nelson and Executive Vice President, Jane Haertel are retiring from day to day management responsibilities at HRN. Also retiring, Clinton Koker, President of Koker, Goodwin & Associates, a company acquired by HRN in July, 2009 and now operating as a division of HRN, announced his retirement effective July 1, 2010.

I am pleased and grateful that Jerry, Jane and Clinton will remain with HRN in the capacity of advisors and consultants.

This forthcoming leadership transition has been expected and planned for over the past six months.  Out of respect for the wishes of Jerry, Jane, and Clinton it has not been announced publicly until now.

Moving forward, I will be leading the HRN senior management team and be supported by a very capable and experienced group of leaders; these are Lea Ann Gabbert, Vice President of the Wichita based HRN Compensation Division, Paul Hendrycks, Vice President of Sales and Marketing, Michael Dougal, Director of HR Consulting and Nancy Norman, Manager of Client Services.

The contributions that Jerry, Jane and Clinton have made to the success of our organization are too numerous to summarize. In my 15 years with HRN I have shared in many of these successes. Jerry and Jane have been the driving force behind the growth and success of HRN. They are responsible for the development of our Performance Pro, HRSuite, and Job Descriptions Plus solutions. Jane’s employment law expertise combined with excellence in business management have been key contributors to HRN being recognized as one of the top HR consulting and solution firms in the United States. Jerry is a true people person and business leader. His energetic personality is infectious and his absolute mastery of a multitude of complex HR topics is seemingly limitless. Clinton, similarly has demonstrated great vision and leadership in the development and creation of the Compease, iPerformease and Incentease solutions. Clinton’s reputation as a performance and compensation consultant has benefited literally thousands of companies over the course of his remarkable career.

Moving forward HRN is poised for continuing growth and success with the upcoming release of Performance Pro version 3.0 and the concurrent development of new succession planning and employee development solutions scheduled for release in 2011.

In closing, and on behalf of our staff, associates, vendors, and clients, I would like to wish Jerry, Jane and Clinton the very best life has to offer and once again acknowledge and thank them for their vision, commitment, and dedication in building HRN to be a world-class HR solutions and consulting services company and an organization truly committed to providing excellence and value in employee performance and compensation administration solutions.

Sincerely,

Michele Lindsay
Executive Vice President
HRN Management Group

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