At times, investing in the future of your business means investing in a workforce that is still in its infancy – or one that may literally be at recess. As parents, and as business leaders, we have an opportunity to inspire, mentor and educate the youth that will someday support our initiatives, drive innovation and help our economy thrive.
That’s not the only reason why I think it’s important to show kids what we do at work, but it’s a good one. And, next month, we all have a reason to do it.
SAVE THE DATE
April 22nd is “Take Our Daughters and Sons to Work Day,” sponsored by the foundation of the same name – and it’s a great opportunity for businesses to structure an event for the future workforce.
The day calls for businesses to plan activities for kids ages 8-18, to help them understand what goes on in the workplace, the importance of establishing work-life balance, and the steps necessary to achieve lifelong goals. And, to make it easy, its website includes a Workplace Coordinator’s Toolkit with guides, worksheets and games, aimed at getting kids to think about their futures and explore opportunities.
I think it’s great that this effort inadvertently encourages businesses to start thinking about future workers. And, it has a noble goal: to get kids thinking about their aspirations, what it means to be a leader and to understand:
- What their parent or mentor does professionally
- Why it’s important
- The value of education
- Work/life balance
- Their own vision of the future; and
- What steps they need to take to achieve the future they dream of
So, it basically encourages businesses to do what we already do as parents; help create a strong foundation for the next generation of smart, bright and successful leaders.
And, gaining insights into the burgeoning ideas of the young certainly never hurt a business either!
Tags: April 22nd, Bernie Dyme, bring kids to work, kids, mentor, take our daughters and sonds to word day
CRACKDOWN: Misclassifying Employees as Independent Contractors
With mounting deficits and economic challenges facing both the federal and state governments, expect to see a crackdown on companies that misclassify employees as independent contractors. The 2010 budget of the Obama Administration presumes that the effort will result in approximately seven billion dollars in additional revenue over the next decade. Several states are stepping up their enforcement efforts in order to improve their bottom lines.
By having independent contractors, rather than employees, companies can avoid paying social security, Medicare, and unemployment insurance taxes. They also can hold down their costs because independent contractors are not eligible for employee benefits – which can easily run 25% or more of an employee’s base compensation. Independent contractors are ineligible for overtime and unemployment compensation. And they are not protected by anti-discrimination laws or laws designed to protect organized labor.
Simply “dubbing” a worker an independent contractor, of course, does not make it so. In the eyes of a number of government agencies, whether or not an individual is an independent contractor depends on the nature of the relationship between the business and the worker. Different federal and state agencies use various legal tests for determining a worker’s status. There is no single controlling factor, although one common thread runs throughout: the more the business has the right to control when, where and how assigned tasks are accomplished, then the greater the chance that the worker will be considered an employee. There is no bright line of just how much control is sufficient to cause a worker to be classified as an employee as opposed to an independent contractor. Rather, each case depends on an analysis of its own particular set of facts.
Companies that have misclassified workers can pay dearly for their mistakes, including back payment of taxes, providing retroactive benefits (e.g., vacation pay and 401(k) contributions), making up payments for failure to pay overtime, and tough financial penalties.
There are a number of measures a company can undertake to protect against allegations of misclassification. They include controlling only the result (not the means) of assigned work, entering into a written independent contractor agreement, paying workers a flat fee, ability of workers to market to and handle assignments/jobs for other companies, having workers pay their own business expenses, keeping independent contractor files separate from employee files, requiring that independent contractors submit invoices prior to payment, and verifying that workers have purchased insurance and are doing other things that support independent contractor status, such as having business cards and yellow page listings. When in doubt, consult legal counsel for more guidance.
Jon Vegosen is a founding member of Funkhouser Vegosen Liebman & Dunn Ltd. and has more than 33 years experience practicing law. He is nationally recognized for his work in labor and employment relations and is sought after as an author and spokesperson on labor and employment issues.
Tags: employees, employment law, Funkhouser Vegosen Liebman & Dunn, FVLD, independent contractors, Jon Vegosen, law, Legal, misclassify
In my last post about follow-up questions to January’s Interactive Roundtable on Violence in the Workplace, I addressed a handful of the questions participants emailed in following the discussion.
Here are some of the additional questions that I think more and more businesses are asking about workplace violence prevention, and my recommendations for addressing this issue:
Q: Has there been any notable change in the numbers of violence in the workplace since the economy took a nosedive?
My gut feeling says yes or at the very least, that there is greater potential for this as more people are angry and feeling desperate. However, as I mentioned in the webinar, it really doesn’t matter. One case of workplace violence is more than enough and it should always be treated as “mission critical.”
Q: How would you respond to an employee discussion in which one employee says “I can see why people go into a workplace and shoot people”?
This all depends on your company’s workplace violence policy. HOWEVER, I think it should be clear that statements of this nature are not acceptable and any comments that sound like threats will be investigated. To me, this statement sounds like there is the potential for violence. I would also work with that group to understand and listen to what it is that is really going on – and address it. Clearly, workplace violence policy or not, there is a perceived or unaddressed problem if a group of employees is expressing such dissatisfaction.
Q: If you have a threat against your employees where can you get information to share with your employees on what they can do?
There are a number of websites to go to, many of which my colleagues on the panel provided, but this is an excellent time to use your EAP to help facilitate any anxiety and/or tools that employees can use to feel safe. Obviously HR needs to be involved as well.
I will add that, Kim Wells, the Executive Director of the Corporate Alliance to End Partner Violence (CAEPV), offers great information and resources on her organization’s website.
Q: We have sent employees to the employee assistance program (EAP) when their performance is affected. As long as we pay them for their time, is that alright?
If you are referring to a “supervisory referral” which means that there is some kind of job performance issue, then that is entirely up to you, the employer. The actual EAP services are paid by the employer but an employee’s use of the EAP during working hours may or may not be.
In my experience, that question has rarely come up from an employee. If the referral is made appropriately, then the employee will realize the severity of the situation and the reason behind the referral. It’s important though, to consult with your EAP before making any referral to them so that they can coach you through the process and help you to determine the best way to get the person the help they need. They can also support you in what is a very difficult thing.
Naturally, there are a lot more questions out there about workplace violence and the role of EAP, depending on the nature of your business. Just remember, your EAP can help – and you should use it as a resource for planning ahead, and addressing a crisis.
Tags: Bernie Dyme, EAP, Employee Assistance Program, prevention, supervisory referral, threat, workplace shooting, workplace violence
Last month, EmployeeScreenIQ sponsored an Interactive Roundtable on Violence in the Workplace, moderated by Kevin Grossman at HRmarketer.com. It was a lively discussion with an engaged audience and the panelists, myself included, received a lot of great follow-up questions from participants after the event as well.
In fact, there were a number of questions that I think more and more businesses are wisely asking. So, I wanted to take some time here, and in my next post, to share some of those questions and my responses:
Q: How can employers assess address and prevent violence in the workplace?
The best approach is to create a culture of openness, transparency and safety. Tackle the issue proactively, in a non-catastrophic manner and with clear policies and guidelines about how people can bring up concerns and how those concerns will be investigated and addressed.
Q: How should the company handle a situation where a vendor or a franchise owner threatens corporate employees?
In the same manner in which it handles threats of violence from other employees. Employees must feel that their organizations’ support them and vendors/franchise owners must be confronted about what your organization will tolerate even if it means the possibility of firing the vendor, or franchise owner OR the customer for that matter.
Q: Can you share a template for a program to prevent violence. One of our offices is adjacent to a bank which has had two armed robbery events within 30 days. We need to develop a program to support the implications.
I would be more than happy to discuss this with anyone. However, while there are many commonalities, every workplace violence prevention program should be customized to fit the organization’s culture. I will say that this is where your employee assistance program (EAP) can come in handy as they know your organization best.
Q: We are developing procedures now; we have a policy and it would be very helpful to have best organizational practices to communicate a functional program to include our EAP. Do you have any advice?
Involving your EAP in these discussions can really help you here – and they should be a key part of your workplace violence policy. In general, EAPs:
- Provide prevention training in coordination with HR
- Consult on threat assessments and possible treatment for those making the threats and those receiving them
- Work with managers to help them identify and approach potential violence situations/people
- Are a resource for specialists when needed
- Work with departments or the organization in the aftermath of an incident (i.e., Critical Incident Stress Debriefings Defusings, counseling for those affected, etc.)
Q: What are your suggestions for when an employee is not satisfied with your resolution to their concern or issue?
Always begin by listening to the employee and making sure you are hearing and understanding their true concerns or issues. Often the problem lies in their not feeling safe, heard or protected and merely providing this is helpful. If all else fails, call in an outside third party who is unbiased and can make an independent recommendation. No matter what you do however, remember that the employee’s feelings and perceptions are the most important piece of this.
These questions just scratch the surface of this issue, but are a great start at helping businesses become more proactive. Check out my next post for another set of great questions from participants!
Tags: bank robbery, Bernie Dyme, EAP, Employee Assistance Programs, EmployeeScreenIQ, HRmarketer.com, Kevin Grossman, Perspectives Ltd, prevention, workplace violence
Yesterday, I moderated a webinar hosted by Perspectives Ltd called “Social Media ABCs (Awareness, Boundaries and Considerations) For HR” – and the information shared by our panelists was great.
CLICK HERE TO ACCESS THE WEBINAR!
The idea was to help HR experts, managers and business leaders understand social media and its implications in the workplace. After all, the marketing opportunities presented by social media are well publicized, but what about the employee relations factor?
Panelists Marian Casey, Corporate Social Network Strategist and E-learning Consultant, Dianna Wiggins, Social Knowledge Manager, YMCA of the USA, and Sonya Rosenberg, Law Associate, Neal Gerber Eisenberg’s Labor & Employment Practice Group, answered several questions being posed by our customers today, including:
- What is social media (Facebook, Twitter, blogs, etc.) and how are people using it?
- Do organizations need to provide some guidance or ground rules (policies)?
- What are the legal implications of all this?
Some of my favorite take-aways included guidance and recommendations on:
- Benefits to organizations
- Organizational concerns
- A framework for creating a social networking strategy
- Relevant data from research firms like Gartner and Forrester Research
- Anecdotes from books and resources that really help illustrate how social media is changing our world – and work
- Legal advice, anecdotes and laws that HR pros really need to know about
We had so much great information that we ran out of time for questions and wanted to give people an opportunity to continue to ask them here. We’ll continue to tap our panelists for their thoughts on your questions.
Also, I wanted to thank our panelists again for sharing their expertise. I encourage anyone interested in these issues to watch the archived recording of the webinar.
As a thank you to everyone that watches the FREE webinar or comments here, we’ll follow up by sending a copy of the presentation and bonus materials shared by Sonya – a sample policy guide and an article titled, “Employees Do Use Social Networking Sites at work: Dealing with the Reality.”
Enjoy!
Interested in learning more about social media and implications to your job or business? Contact Maureen Dorgan-Clemens at mclemens@perspectivesltd.com, 847.793.2435.
Tags: business leaders, employee relations, HR, human resources, managers, Marian Casey, Maureen Dorgan Clemens, Neal Gerber Eisenberg, Perspectives Ltd, social media, social media ABCs, social media policy guide, Sonya Resenberg, webinar, workplace
This month, Jon Vegosen briefs us on important developments regarding EEOC charges and shares information about a significant number of new laws.
Workplace Discrimination Charges Near Record Number
The United States Equal Employment Opportunity Commission (EEOC) announced earlier this month that, during the fiscal year ending September 30, 2009 it received more than 93,000 workplace discrimination charges nationwide and obtained relief for victims totaling more than $376 million.
It is the second highest number of charges the EEOC has received. (The enforcement and litigation statistics can be found on the EEOC’s website.)
According to an EEOC release, the “data show that private sector job bias charges (which include those filed against state and local governments) alleging discrimination based on disability, religion and/or national origin hit record highs.” In addition, the number of charges claimed age-based discrimination reached the second-highest level ever. The EEOC also reported that, continuing “a decade-long trend, the most frequently filed charges with the EEOC in FY 2009 were charges alleging discrimination based on race (36%), retaliation (36%), and sex-based discrimination (30%). Multiple types of discrimination may be alleged in a single charge filing.”
The EEOC suggested that the level of charges filed “may be due to multiple factors, including greater accessibility of the EEOC to the public, economic conditions, increased diversity and demographic shifts in the labor force, employees’ greater awareness of their rights under the law, and changes to the agency’s intake practices that cut down on the steps needed for an individual to file a charge.”
Hundreds of New Laws Take Effect in January
To bring cheer to the New Year, the Illinois legislature passed hundreds of new laws that took effect on January 1, 2010. Funkhouser Vegosen Liebman & Dunn Ltd. (FVLD) has a tradition of publishing a January newsletter that contains a selection of new laws that may affect employers. This year’s January newsletter discusses, among other things, E-Verify in Illinois, Order of Protection Status under the Illinois Human Rights Act, Restrictions on Cell Phone Use While Driving, and the Illinois Equal Pay Act. For more information on these and other developments, visit the FVLD website.
Jon Vegosen is a founding member of Funkhouser Vegosen Liebman & Dunn Ltd. and has more than 33 years experience practicing law. He is nationally recognized for his work in labor and employment relations and is sought after as an author and spokesperson on labor and employment issues.
Tags: EEOC, employment law, Funkhouser Vegosen Liebman & Dunn, FVLD, Illinois legislature, January 2010, Jon Vegosen, legal updates, workplace discrimination
Workplace violence can come from colleagues, customers, criminals and others. Unfortunately, all of it takes a toll on organizations. Whether it’s on the rise remains to be seen, but workplace violence is certainly getting a fair amount of media attention these days.
Case in point, the Fort Hood shootings that took place in November last year gained media coverage yet again on Friday when the Pentagon released a report suggesting systematic failures within the military to prevent it.
Now, I recognize the value in understanding the failures, but I think it’s more important to ask: How can workplace violence be prevented?
That’s one of the questions that I, and several of my peers, will be answering on Wednesday, January 20th, 1-2 pm CST as part of a roundtable discussion on violence in the workplace.
We’ll all be looking at the issue from different angles, but my bet is that all of us agree that there are steps businesses can – and should – take to protect themselves and their employees. Naturally, I believe that employee assistance programs (EAP) are key to prevention.
One of the things that struck me about the Fort Hood situation was the following exert from an NPR report titled, “Walter Reed Officials Asked: Was Hasan Psychotic?”:
“… Walter Reed and most medical institutions have a cumbersome and lengthy process for expelling doctors, involving hearings and potential legal battles. As a result, sources say, key decision-makers decided it would be too difficult, if not unfeasible, to put Hasan on probation and possibly expel him from the program.”
Too difficult? Failures to address concerns and manage the situation with Maj. Nidal Hasan are intolerable. Sadly, this kind of thinking is all too common. But, Hasan killed 13 and wounded dozens in the worst mass shooting on a military base in the U.S. That makes “denial” unacceptable.
Now, I have read that Fort Hood has an EAP, which is an excellent risk management tool. But you must promote your EAP and its many prevention benefits in order to reap the rewards.
Perhaps we all need to do a better job educating supervisors and employees about the benefits of employee assistance and when you should make that call.
And, that means making sure that your EAP is high-touch and highly visible. This is not the place to be “penny wise and pound foolish”. Besides, the cost of an EAP is usually less than ½% of the total cost of the health insurance premium.
So what are the benefits of an EAP? First, it is a confidential service available to individual employees when they want personal help. Second, EAP is available to employees that are concerned about a co-worker – and it sounds like there were a lot of them in this case. Third, EAP is available to counsel HR and help manage at-risk employees when needed.
It’s never “easy” to deal with employee relations issues, but EAP can help support you and provide guidance.
EAP can also help employees cope with a tragedy like Fort Hood after-the-fact by providing on-site group and individual counseling so that the employees and the organization can move forward; but it’s my hope that all organizations focus on prevention first.
Remember: EAP is confidential and can help. If you’re concerned about someone you work with, don’t be afraid to call. That call could help save lives.
Tags: Bernie Dyme, EAP, employee assistance, Fort Hood, workplace violence
The earthquake that hit Haiti on Tuesday was devastating, not only for those that are there, but for the anguished friends, family and co-workers that have been unable to reach loved ones in the aftermath.
Many thanks to our friends and partners at Workplace Options (WPO) for quickly putting together a list of resources that can help. Please share this information with anyone you know that may need it:
- Concerned family and friends in the United States may have difficulty contacting their loved ones in Haiti as a result of telecommunication outages caused by the recent earthquake. To locate a U.S. citizen living or traveling in Haiti, contact the U.S. Department of State, Office of Overseas Citizens Services, at 1-888-407-4747 or 202-647-5225.
- The Family News Network of the International Committee of the Red Cross is an online registry where people in Haiti can declare themselves safe and provide their location. You may check this to see if your relative has registered but keep in mind that the lack of electricity in most of Haiti will make computer access extremely limited.
- The American Red Cross is among the many organizations providing assistance to the survivors of the earthquake. For more information or to make a donation contact the International Response Fund by phone at 1-800-REDCROSS (1-800-733-2767) or 1-800-257-7575 (Spanish) or online at American Red Cross International Response Fund.
Just a reminder: Don’t forget that your employee assistance program (EAP) is available to help and support employees and their families affected by this devastating event. And, if you’re a Perspectives Ltd customer, you can contact our Access Center for help or find updated resources and guidance on Perspectives Online.
Our thoughts go out to everyone impacted by this tragedy.
Tags: Bernie Dyme, EAP, earthquake, employee assistance, family resources, Haiti, Perspectives Ltd, Red Cross
If you live in Illinois, or a dozen other states around the country, you’re probably aware of state laws that make cell phone use while driving illegal. In Illinois, a law that went into effect Jan. 1st specifically makes texting while driving, and talking without the use of a hands-free device in a school or construction zone, illegal.
Naturally, this has consumers thinking about their driving habits. But employers, who provide cell phones, blackberries and maybe even vehicles to employees, should be concerned about all the multi-tasking that occurs on the road.
That conference call your sales team jumps on in route to a client meeting can rack up hefty fees that have nothing to do with your corporate phone bill.
Although employer liability is not defined in most states, there are an increasing number of lawsuits that are sad, tragic and costly for businesses. Examples highlighted on DrivingLaw.org include:
- A Virginia attorney returning from work who was talking on her cell phone with a client when she ran down a teenage girl and killed her. The family of the girl filed a $30 million lawsuit against the employer.
- In Arkansas, a jury found a lumber company liable after one of their employees struck another car, gravely injuring the passenger. At the time of the accident the employee driving the vehicle was using the cell phone for a sales call. The particular case ended up being settled for $16 million.
Most of the employer-related data on this issue is anecdotal rather that statistical, but if these stories aren’t enough to get your attention, consider these general facts:
- There were more than 1 trillion text messages sent and received on wireless devices in 2008, including cell phones and smart phones. (Reuters / CTIA-Wireless Association)
- The Transportation Department reported that 5,870 people were killed and 515,000 were injured last year in crashes connected to driver distraction, often involving mobile devices or cell phones.
- President Barack Obama feels so strongly about the issue that he signed an executive order late last year banning all federal workers from texting while driving on government business, driving government vehicles or using government equipment. (Huffington Post)
If you provide services that require employees to drive, or you have a large part of your workforce regularly on the road or working while on the run, you should put a cellular phone policy in place – and your employee assistance program (EAP) can help counsel you on that.
That’s right, your EAP. EAPs provide you with resources that ensure you’re investing in your employees and keeping them and your business safe and viable.
Work productivity is important, but employees talking and texting while driving can end up being a huge safety and legal hang-up.
Tags: Bernie Dyme, cell phone, driving, EAP, Employee Assistance Program, texting, workplace
Well, here we go again. Isn’t it time again for us to try and tighten our belts? No, I don’t mean financially. I mean literally TRY AND TIGHTEN OUR BELTS.
Right about now, we are starting to become aware of just how ful-FILLING the holidays have been. And so we begin to feel bad, take a deep breath (or at least try to to get our pants to fit again) and make all those promises to get skinny. And guess what? We will probably get the same result. A little success and resolve which will, within two weeks, melt away.
(No, not the weight — the resolve.)
So what are we to do? How can this year be different than the past? To begin, realize that we all do better when we are positive and work with others. Yes, support means a lot! Face it, we aren’t in this alone. All of our friends, family members and fellow employees will be struggling with these same issues.
As employers we can take the lead in this and make a point of letting our employees know that we take health and wellness seriously. The best way is to implement a complete WELLNESS program but not haphazardly. Here are some key steps to take:
- Take the long view and find a wellness vendor who will help you to analyze your organization’s needs and develop a program that fits you and not the other way around. (Why buy something you don’t need just because it is the trend?)
- Encourage your employees and their family members to take a Health Risk Assessment to determine the overall health of your employee (and family members) population. This will also enable you to find those employees who are at risk for conditions that are dangerous or potentially dangerous. There is nothing better than to catch something before it harms or kills someone or costs a lot more to handle.
- Provide coaching for weight management, smoking cessation and overall fitness so that employees have constructive help in becoming and/or remaining healthy.
- Incentivize employees to participate but make sure that the wellness vendor understands the Genetic Information Nondiscrimination Act (GINA).
- Bring programs on-site that are proactive and fun. Things like yoga, Pilates and fitness are great for that and also create high levels of morale.
- Finally, make it fun!!
There are many things that can be done that cost little or nothing but signal to all employees that you are serious about their health and well-being. Here are a few examples:
- make sure that the food in the vending machines is healthy
- organize walking teams
- have “biggest loser” contests
- provide discounts at local health clubs, YMCAs, or fitness centers
- provide motivational signs encouraging use of stairways instead of elevators
- offer “lunch & learns” focusing on fitness and health issues that offer healthy meals
- occasionally buy bulk fruit or healthy snacks
Whatever you do, remember that focusing on wellness has a tremendous payoff in terms of healthy and engaged employees and decreased health care costs.
Tags: Bernie Dyme, Fitness, GINA, Health, new years resolutions, Perspectives Ltd, Pilates, resolutions, Wellness, yoga
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