Job Descriptions Are an Employer’s Best Friend – Except When They’re Not!

Debra Franklin Human Resources 0 Comments

A job description identifying essential job functions can be an employer’s best friend—if drafted correctly. Here are a couple of examples “ripped from the headlines” that illustrate the importance of developing and maintaining accurate job descriptions. Eddy Reyes was a sales representative for a beverage distribution company, visiting multiple accounts daily, selling and taking inventory, collecting funds, making deposits, placing advertising posters, and making calls on prospective customers in New York. Following an auto accident, he applied for and was granted Family and Medical Leave Act (FMLA) leave. About eight weeks later, in anticipation of Reyes returning to work, the company sent Reyes’ job description to his doctors and asked that they advise of any restrictions. The job description detailed his sales …

Top 10 Mistakes Employers Make in Job Applications

Debra Franklin Human Resources 0 Comments

A general theme of federal and state laws, regulations and guidance regarding employment applications is employers should avoid asking an applicant questions that elicit information that cannot be considered in making a hiring decision. The top 10 mistakes to avoid in application materials: Including any disability-related or medical questions. Employers should steer clear of questions related to whether an employee is disabled or has a medical condition. Any such inquiry would violate guidance from the U.S. Equal Employment Opportunity Commission (EEOC) and possibly the Americans with Disabilities Act (ADA) and similar state laws. If an employer asks an applicant such a question, the EEOC or a court may presume prohibited information was a factor in hiring. Not including an at-will …

If You See Something – Say Something

Debra Franklin Human Resources, Risk Management 0 Comments

Published by Ford Harrison on 5/17/2017, submitted by Debra Franklin, Esq., VP HR Solutions. In less than a year, Fox News has lost its founder and one of its most well-known anchors due to widespread sexual harassment allegations. Fox News recently reported that 20th Century Fox paid $10 million in sexual harassment settlements in the first quarter of 2017 alone. How can Fox News be proactive in avoiding harassment claims in the future? Prevention is the best tool to avoiding claims. Here are some essential steps to prevent and correct unlawful harassment. Disseminate a workplace harassment policy that complies with state and federal anti-discrimination laws. The policy should encompass all forms of unlawful harassment based upon all protected classes, not …

Supervisor Training Might Be Your Ounce of Prevention

Debra Franklin Human Resources 0 Comments

Copyright 2017 Written by J.J. Keller & Associates, Inc. Shared by Hannah Gapinski, COBRA/HRS Administrator, HR Solutions. Preventing problems is easier than fixing them, as reflected in the common idiom “An ounce of prevention is worth a pound of cure.” Supervisor training is often overlooked, sometimes because it is seen as too expensive, and sometimes because there doesn’t seem to be enough time in a day. That same supervisor training, however, could prevent much larger costs by minimizing your company’s liability. Is training required? As the primary contact with employees, supervisors are often responsible for implementing company policies. Written policies, however, can only be effective when supervisors know what to do when issues are observed or reported. While no federal …

Portable Benefits for Gig Workers? Not a Pipedream Anymore!

Debra Franklin Health Benefits, Human Resources 0 Comments

So, what is a “Gig worker” anyway?  “Gig economy” is the term popularly being used to describe the increasingly large number of American workers engaging in part-time, contract or other alternative work arrangements.  Maybe it’s your son or daughter, your elderly parents, or the mom who wants to get back into the workforce after many years of working in the home.  Regardless, these workers typically are not afforded healthcare or ancillary benefits commensurate with those offered to full time workers in many organizations. Yesterday, Senator Mark Warner (D-Virginia) introduced legislation that may change that reality for millions of American workers, some of whom may work for your organization!  Warner introduced the “Portable Benefits for Independent Workers Pilot Program Act” to …

Posting Labor Law Posters in Other Languages

Mike Scheerer Human Resources, Uncategorized 0 Comments

Many employers wonder if they need to provide all (or even any) of their postings in languages other than English. The simple answer is: it depends on the State or issuing agency, and even on the specific posting. It’s important to distinguish between: Statutory requirements that a Spanish-language poster be posted; versus Mandatory posters issued in a multilingual format at the discretion of an issuing agency. To give an example of how vague posting requirements can be in regard to languages other than English, we need not look any further than the Family and Medical Leave Act of 1993 (subpart C, § 825.300): (c) Where an employer’s workforce is comprised of a significant portion of workers who are not literate …

May is Mental Health Awareness Month

Sherri Hebda Human Resources, News 0 Comments

For people with bipolar disorder, mental illness feels like a balancing act. In order to stay healthy, people with this disorder need to take their meds, get enough sleep, and stay attuned to their mood. They are always aware of the potential for their symptoms of mania and depression to recur, and must be prepared to manage them. This illness and other mental health illnesses could very well affect your current employees without you being aware of it, especially depending on the level of severity. A healthy workplace environment is paramount for these employees to manage symptoms at work and it involves many of the same supports that your employees appreciate, such as: access to employee assistance programs (EAPs), health …

When a Worker Is Grieving: How to Handle Everything From Condolences to Time Off

Debra Franklin Human Resources 0 Comments

This article by Dana Wilkie appeared on the Society of Human Resource Management’s (SHRM) website and provides insights into handling a delicate topic. Read her caring as well as practical advice. When someone loses a loved one, it’s not only friends and neighbors who may not know what to do or say—it can also be that person’s employer and colleagues. From whether to send a sympathy card or flowers to whether to offer bereavement leave or ask an employee when she’ll be back at work, it can be difficult for managers to know how best to support someone who’s grieving. One common reason people grieve is because they’ve lost a close relative or friend. But people also grieve over divorces, catastrophic …