Think Workplace Bullying Doesn’t Exist?

The truth is, 51% of organizations reported incidents of bullying in their workplace, according to a recent study conducted by the Society for Human Resource Management (SHRM). SHRM defines workplace bullying as persistent, offensive, abusive, intimidating or insulting behavior or unfair actions directed at another individual, causing the recipient to feel threatened, abused, humiliated or vulnerable. Workplace bullies and targets may be employees, clients or vendors of the affected organization.

The most common types of bullying reported were verbal abuse, malicious gossiping, and threats or intimidation. The most alarming statistic is that 44% of organizations say they have no plans for putting a workplace bullying policy in place. How does this affect your organization? Well, 68% report complaints of decreased morale, as well as additional reports of:

• Increased stress and depression
• Decreased trust among co-workers
• Decreased productivity
• Increased turnover
• Decreased trust in management
• Increased absenteeism

If not properly addressed, all of these issues can lead to adverse effects on your company’s bottom line. We’d be remiss if we didn’t acknowledge that bullying can often cross into sexual harassment territory where the average discrimination claim is $292,000.

What can you do to beat the statistics and combat workplace bullying? For starters, create a zero-tolerance anti-bullying policy which outlines clear steps for reporting incidents. Next, determine how incidents will be handled. Not all incidents are as severe as others, so it is important to consider creating multiple levels of intervention to handle everything from the one-time occurrence to the repeat offenses. Finally….ENFORCE! An anti-bullying policy has no value if it is not enforced consistently.

Unsure if your current employee handbook addresses bullying, or just not sure where to start? Contact us by April 30 and you will receive the 10 Ten Things About Employee Handbooks You Didn’t Know Could Hurt You.

Coach, Correct, and Communicate: The Three Cs of Employee Discipline

Employee discipline can be hard. It’s time-consuming. It’s often speculative, turning into a he said/she said game. It’s easy to feel like, as a supervisor, you’re responsible for the poor employee behavior. However, if you follow the three Cs of employee discipline, you may be able to create more engaged, committed employees who want to better serve your business.

1.       Coach: As a supervisor, you are a leader and therefore the coach. You’re there to make sure the whole team does well, and if one or two individuals are jeopardizing the team’s success, you must address that immediately. To act as a coach of your organization, try the following:

• Encourage. Employees are more likely to repeat positive behaviors when a supervisor recognizes their efforts. Even if it is a small task or duty, consider praising your employee for a job well done.
• Redirect. Rather than disciplining for the sake of punishment, try to redirect employee behavior. For redirection, stop and address the situation with the employee. Find a way to adjust or correct the behavior that encourages the individual to learn from their actions. Finally, follow through with the individual by ensuring that they have changed their behaviors or have another discussion if change still needs to take place.
• Provide feedback. Coaches rarely leave the locker room without discussing the game with their teams, so why would you neglect to discuss workplace performance with employees? One of the top reasons employees leave a company is because they feel they’ve received a lack of coaching or feedback. Remember, feedback is more than just a written annual employee review, so talk with (not at) your employees.

2.       Correct: Disciplining employees should not be about control, but rather about correction to redirect behaviors. Your policies should be firm, fair, and consistent to avoid any accusations of favoritism and create a more equal working environment. When deciding on how to correct behaviors, remember that you should have an open conversation with the employee. Never mandate a behavior change without explaining yourself to the employee.

3.       Communicate. Without communication, discipline will likely be seen as a negative punishment, rather than an opportunity to grow and develop. To encourage positive employer-employee communication:

• Set clear expectations. If your expectations are clear and enforced firmly and consistently, you can successfully avoid many issues brought on by a lack of communication.
• Keep up a constant conversation. As a coach and a behavior corrector (not controller), you should continually speak to your employees. Open dialogue is a proactive way to recognize and deal with any problems before they get out of control.
• Answer the 5 Ws: When you need to address specific employee behavior, answer the questions who, what, where, when, and why to better understand the situation and determine appropriate action. Be exact about what did or did not happen.
• Be clear about future actions. Leave any employee discipline discussions with an exact plan of action. Be sure that both the supervisor and the employee understand and agree upon what behaviors need to change and when.
• Never make it personal. When communicating with employees maintain a sense of professionalism and never bring personal comments into a discussion about employee behavior.
• Always be honest and open. Remember, feedback goes two ways. Help employees feel comfortable enough to address any potential issues with you as a supervisor, and don’t be closed to employee feedback. Their perceptions of you may help shape you into a better coach and leader.

Contact us for an appointment by April 6, 2012, and you will be entered to win a FREE workplace seminar, “Zap, Don’t Sap, Your Employees,” where you and your staff leadership will learn how to maintain and enhance self-esteem, listen and respond with empathy, and ask for help and encourage involvement from staff.

Anti-Texting Law, Effective TODAY!

The Keystone State has made strides in making PA’s roads safer for drivers. As of this morning, at 12:01AM, text-based communication while driving is a primary offense. The fine for breaking said law is $50.00. Here is a summary of what the law means for drivers…

It is a primary offense to use an Interactive Wireless Communication Device (IWCD) to send, read or write a text-based message while operating a moving vehicle.

What is an IWCD?

The law defines an IWCD as a wireless phone, digital assistant, smartphone, portable or mobile computer of similar devices that can be used for texting, messaging, emailing or browsing.

What is a text-based message?

A text-based message is a text message, instant message, email OR other written communication composed or received on an IWCD.

What is not included in this law?

This law does not prohibit the use of a GPS device, system or device physically or electronically installed in the vehicle.

In case you were wondering, this does not apply to any mass transit vehicles or school buses.

 

Here are some reasons why the law was enacted…

• Texting is one of the major distractions that can occur while operating a vehicle. 40% of teens in the U.S. say they have been in a car with a driver whose cell phone usage put them in danger. (PEW)
• Sending or receiving a text takes a driver’s eyes from the road for an average of 4.6 seconds; which is the same as driving the length of one football field blind. (VTTI)
• The amount of brain activity associated with driving can be reduced by 37% when a cell phone is being used. (Carnegie Mellon)

What are your thoughts on this law?

For more information on the Anti-Texting law, visit PennDot’s website.

For more facts and statistics on texting while driving or distracted driving, visit DISTRACTION.GOV.

Trouble keeping up with changing CDL regulations?

Keeping the required information and documentation for commercial drivers is an important but tedious task. Mistakes in documentation can cost your company thousands in fines, not to mention a paperwork nightmare and hours of time wasted. It is made even more challenging with changing CDL laws and requirements. Does your company have the proper documentation to reflect recent changes in federal law? Read on to find out.

Gov. Tom Corbett signed House Bill 1458 on Jan. 27. Effective Jan. 30, the bill brings Pennsylvania into compliance with new federal rules for driver’s licenses and permits issued to commercial drivers.

The Federal Motor Carrier Safety Administration recently amended federal regulations to require holders of interstate CDLs to provide a copy of their Medical Examiner’s Certificate to their state driver licensing agency, if their type of commercial driving requires a physical exam. CDL drivers will also be required to self-certify to the type of commercial driving performed (even if none). This is normally a one-time process unless the CDL holder changes the type of driving.

Pennsylvania would have risked losing more than $32 million a year in federal highway funding if it did not update its law to comply with the changes.

PennDOT will begin notifying existing CDL holders of the new requirements by mail in March. Current CDL permit holders, out-of-state CDL transferees, and people seeking a CDL on or after Jan. 30 will be required to meet the provisions of the new law when testing, applying for a permit or transferring a CDL from another state.

Do your drivers meet the new state regulations? Do you need assistance gathering the necessary documentation to avoid unnecessary fines? Contact us by March 15 to schedule a consultation and you will receive a FREE report: Personnel Files – The Basics: Simple Steps to Personnel File Compliance and Good Recordkeeping Practices.

Sexual Harassment: Impact > Intent

“I didn’t mean it that way.” – We hear that phrase many times, especially in the digital age when tone and inflection are rarely well-translated over email, text message, or Facebook. But, when dealing with workplace harassment, supervisors must regard that elusive phrase as a red flag. If you don’t, you could be subject to legal repercussions. As a supervisor, here is what you need to know to deal with sexual harassment:

• Intent vs. Impact: Most importantly, whether or not the behavior is “unwelcoming” is decided by the recipient of the behavior, NOT the initiator. Supervisors must value impact over intent when deciding how to address the situation.
• Understand what constitutes sexual harassment: The Equal Employment Opportunity Commission (EEOC) defines sexual harassment as any unwelcome sexual advances, requests for sexual favors, and verbal/physical conduct of sexual nature. Remember, these laws apply to both employees and employers who have 15 or more employees.
• Monitor your workforce for signs of sexual harassment:Pay attention. Do you see any interactions where there is not equal initiation and participation? Do you hear sexual innuendos or jokes? Are there inappropriate visuals within your workplace? If you witness any suspect behavior…
  • Intervene appropriately and promptly. Gather both parties and discuss the following, emphasizing again that impact weighs more heavily than intent.

• Describe specific behavior observed
• Focus on behavior observed vs. reason for behavior
• Explain why behavior is inappropriate and/or unwelcome
• Emphasize that behavior must stop
• Address side issues raised by employee, but focus on purpose of meeting
• Explain what is appropriate behavior — coach employee on how to monitor his/her future behavior
• Document the meeting
• Investigate allegations. Even if the alleged recipient asks that no action be taken, you must go through compliant procedure. Explain to the alleged recipient that it’s your responsibility to all parties and to the organization as a whole to deal with any harassment issues.
• Remember, these are people. Don’t let compliance procedure get in the way of understanding and appropriately handling the issue. Be aware that there are likely to be emotions involved, so be sensitive to both parties. Remember to listen and be patient to gain a better understanding of the situation from both sides.

Although it may be a difficult conversation to have, sexual harassment is no joke, despite what the alleged harasser says. If you fail to deal with the situation, you could cost your business thousands of dollars in lawsuits and fines. Would you like us to speak to your team about sexual harassment? Contact us by 3/2/12 and you will receive a FREE report, Simple Steps to Personnel File Compliance and Good Recordkeeping Practices.

Putting the brakes on cell phones for truckers

As of Jan. 3, commercial motor vehicle drivers are banned from using hand-held mobile phones while driving by the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA). Specifically prohibited are:

• Dialing any mobile phone by pushing more than one button.
• Holding a mobile phone while driving.
• Reaching for a mobile phone.
• Using push-to-talk functions on a mobile phone.

The ban was enacted after research demonstrated drivers distracted by hand-held phones are six times more likely to be in a crash, near-crash or unintentional lane deviation.

The ban applies when the vehicle is in operation on the highway or roadway, or when temporarily stopped for traffic, a stop light, stop sign or for any other reason. Using a hand-held device is allowed only if the vehicle is stopped in an area safe for parking a commercial vehicle, or to communicate with emergency services or law enforcement personnel.

The law applies to:

• Commercial motor vehicles operated for interstate commerce with a gross vehicle weight of 10,001 pounds or more.
• A vehicle transporting any amount of hazardous materials requiring a placard.
• Vehicles operated for intrastate commerce with a gross vehicle weight of 26,001 pound or more.
• All contracted school buses and shuttle buses.

Hands-free use is allowed, but only if the phone is within the driver’s reach while wearing a seat belt and can be dialed by pushing only one button.

Texting is already banned for drivers of commercial trucks or buses per a September 2010 ruling by the FMCSA, and for intrastate hazardous material drivers by PHMSA in February 2011.

From an employer perspective, the ruling does not require any written policies or training programs, however, employers are prohibited from allowing or requiring their drivers to use hand-held mobile phones, and if drivers are caught their carrier will be held responsible for the drivers’ conduct. Drivers who violate the ban will face civil penalties of up to $2,750 for each offense. Employers are liable for violations by their employees with civil penalties up to $11,000 for each violation.

We recommend companies to implement a policy prohibiting this banned conduct by drivers to avoid these penalties.

>>Is your handbook up to date to include this new law and other laws specific to the trucking industry? Contact us by February 13 for a handbook review and you’ll receive a FREE REPORT about employee handbooks, Top 10 Things You Didn’t Know Could Hurt You.

The I-9 Audit: What You Need to Know

The I-9 employee eligibility form is no joke – especially now that the Immigration and Customs Enforcement Team (ICE) has increased their amount of investigations. As of September 2011, the ICE, a division of the Department of Homeland Security, has initiated over 3,000 investigations, a 154% increase from FY2008. The ICE targets all types of businesses, from the local, five-employee hardware stores to large corporate giants – which means you too may be investigated at any time.

The ICE has already levied over $9 million in fines on non-compliant businesses. To ensure you have valid I-9 forms, take the following steps:

• Be sure each employee has completed an I-9 form. Employers who do not receive and maintain a copy of these forms can be fined $110 to $1,100 per violation. This form must be completed regardless of whether or not the employee is a U.S. citizen or not.
• Within three days of hire, verify an employee’s eligibility to work in the U.S. Employees must provide documentation to verify their identity and proof of their eligibility to work in the U.S. See a complete list of eligible documents here.
• Fill in incomplete forms. If you find an incomplete I-9 form, fill in the missing information, adding your initials, date, and time of completion.
• Maintain a record of documentation. Employers should maintain a copy of each employee’s I-9 form throughout their employment and up to one year after they leave the company. Because employees only have three days to produce documents after receiving a Notice of Inspection (NOI), organized documentation is key.

In addition to the I-9 form, employers may receive NOI for the following: hiring records, payroll, copies of immigration filings, copies of Social Security Administration “no-match letters,” information on independent contractors, and other records to determine compliance with employment eligibility verification laws.

Not sure if your I-9 paperwork is filled out properly? Questions about NOI protocol? We can help. Contact us by January 31 to setup an I-9 audit and you will receive a FREE report, Melting the ICE: How to properly fill out an I-9.

Start the New Year off right-review your employee handbook

It’s time to make your New Year resolution…but don’t groan just yet! This resolution doesn’t include a treadmill or counting calories. So, pull out your employee handbook, follow our tips below and you’ll be set for 2012.

Update your handbook policies: Oftentimes, a lot can change in a year. Go through your handbook page by page and make any corrections as needed. In addition, ask yourself if there are any issues you’ve had to deal with in the past year that would be better resolved with a set policy. If so, draft a policy, review it with your team, and insert it into next year’s employee handbook.

Develop social media policies: From Facebook to Twitter to YouTube to Google+, social media is one of the fastest growing uses of the Internet. As an employer, consider establishing a policy regarding employee social media usage. Above all, be clear and transparent with your policy so that employees know the dos and don’ts of their social networking. Here are a few points to consider when developing a policy:

• Employers reserve the right to monitor an employee’s social media usage at work and/or at home. Employees represent their company, whether at work or at home (but be careful here…) Therefore, they do not have an explicit right to privacy on their social networks.
• Employees are your brand ambassadors. Word of mouth (even if it’s via Facebook or Twitter) is still one of the most powerful marketing tools. Social networks enable brands to reach current and potential customers across the world. Allowing employees the freedom to be ambassadors for your brand can actually strengthen your company – just ask Dell.
• Social media policies should encompass all departments. One of the biggest misconceptions is that social media policies should only address the marketing, public relations, or customer service departments where corporate social media resides. Remember, anyone who works for your company represents you whether they’re in sales or IT, so have a policy that applies to everyone.
• Social media is a protected concerted activity under the NLRA. Under Section 7, employees are protected for the “mutual aid or protection” of other employees, including group discussions about job performance, staffing, workload, and negative comments about co-workers or supervisors. The fact that these group discussions take place on social media (i.e., a “like” or “comment” on one co-worker’s Facebook wall to another) is irrelevant. To ensure compliance with the NLRA’s Section 7, HR.BLR.com suggests that you should:
• Don’t be afraid of social media. Yes, it’s seemingly everywhere and can look chaotic and uncontrollable to someone not familiar with the platforms. Instead of looking only at the negative aspects of online employee communication, consider how social media could be used by employees to actually improve your business or organization. Know what works for your company and be up front about your policy.

• Beware of prohibiting discussions of wages and working conditions, even outside the workplace.
• Beware of prohibiting social media access during nonworking time.
• Consider a disclaimer regarding Section 7 rights.

Comply with new National Labor Relations Board policies: Effective January 31, 2012, all employers must post a new notice regarding employees’ rights under the National Labor Relations Act.

• It is no longer possible to have a combined Federal and State law poster due to the size of the poster. Therefore, you may either:
  • Download all of the required postings from each government agency OR…
  • Purchase a combined poster from a reliable source to ensure that you have all of the posters necessary to comply with the law
  • To purchase an all-in-one poster, consider utilizing one of these two sources: All in One Posters Federal with NRLA or All in One Posters, PA State. (Please note: we are not affiliated with this company but have found their materials reliable and affordable.)

We know that the beginning of the year is a busy time for everyone, and going through an entire handbook can be a bit daunting. Therefore, contact us to review your employee handbook by January 16, and you’ll receive a free report, “Top 10 Things You Didn’t Know Could Hurt You.” Ring in your New Year with a new kind of resolutions..HR Resolutions!

Holidays & PTO: An Employer’s Guide

The holiday season is the most wonderful time of the year – a time to shop, wrap, bake, decorate, and much more. But, what happens when all of your employees want paid time off to perform all of their holiday duties and traditions? We have your answers.

Let’s start at the beginning. Paid time off (PTO) is any time an employee does not work but is still paid for the day. Companies often offer PTO to employees to take vacation days, deal with family issues, or just have some down time. Holidays are often a popular time to ask for PTO so employees can travel and spend time with family and friends. Here’s what you need to know about PTO during the holidays:

• You can deny PTO requests: Although it can be tough, employers do have the right to deny a request for PTO during the holidays. There are no federal mandates requiring employers to give employees time off on nationally-recognized or other holidays.
• Know what works for your business: Be flexible, but realistic. If you can afford it, try to accommodate those PTO requests. We recommend that employees be required to work their regularly-scheduled shifts before and after the holiday to qualify for PTO on the holiday itself. (A scheduled PTO day “counts” as having worked their shift.)
• Be fair in accommodating requests: Create a policy for determining PTO requests and stick to it. Some businesses prefer a “first come, first serve” approach, but that can be difficult if certain staffers request off each holiday far in advance to ensure they have time off. Perhaps you require your employees to work at least one holiday per year and switch the holidays each year. As long as the policy is lawful, it doesn’t matter so much what it is, but rather that you follow it for each employee.
• Be aware of religious holidays & PTO regulations: Religious discrimination in the workplace is unlawful. If an employee asks for the day off for religious or belief reasons and you deny their request, you must provide a reason unrelated to religion or belief to justify your decision.
• Understand the rights of hourly and salary employees.
• Hourly employees: Employers do not have to pay hourly (or non-exempt) employees for holidays unless, of course, they work that holiday. Also, holiday and PTO time do NOT have to count toward the weekly calculation of overtime (check your handbook for the definition of overtime hours.)
• Salaried employees: There are a few exceptions, but generally, exempt employees should be paid their weekly salary if they work any hours during the week that the holiday falls.

Above all, appreciate your employees. Even if you can’t accommodate everyone’s requests for time off, tell your employees “thank you” for working the holiday season. Consider providing free snacks or hot chocolate in the break room for employees who work on a holiday. Write them handwritten “thank you” notes. Keep it simple, but let your employees know that you appreciate their work. Happy holidays!

With the arrival of the holiday season usually comes inclement weather. Read our tips to a fair and consistent inclement weather policy.

Top notch interview tips for your next hire

1.    Start with the job description. All questions you ask must revolve around the candidate’s ability to do the job.

2.    Figure out their “soft skills.” Behavioral Interviewing does just that – by the questions you ask, you can determine an individual’s competencies and strengths. You’ll find some generally recommended questions below.

3.    Be consistent. Ask all candidates for the same job the same/similar questions. (Behavioral Interviewing enables you to clarify and probe specifics of an individual’s answers but you want to keep the basis of the interview the same across the search.) Document your comments, positive and negative, and evaluate the individual candidate against the competencies immediately following the interview. You’ll be surprised how all the candidates will meld together as you do more recruiting!

4.    Use open-ended questions to get the candidate talking.

5.    Use closed questions to clarify and probe their answers if/when necessary. They should do about 80% of the talking.

6.    RELAX. Your candidate is nervous too – there’s no harm in letting them know that YOU are nervous; in fact, that’s a good way to break the ice. You are just having a conversation about your professional likes and dislikes. (They get to do most of the talking so that should help set you at ease.)

The Interview

1.    Ice breakers: Ask one or two questions: How was your trip? Did you have any trouble finding the meeting site? Can I get you something to drink?

2.    Explain the format. We’re going to have a conversation about our needs and your abilities. Please think of it just as a professional discussion among colleagues. After that, you’ll have an opportunity to ask any questions you might have and then we’ll talk about the next steps.

3.    Ask your first prepared question.

Sample Questions

1. Tell me about your last work assignment. What did you like most/least? Why?

• Listen for the detail/lack of detail they provide
• Are they talking in chronological order

2. What was your favorite/least favorite work assignment? Why?

• Demonstrates what will/will not motivate them

3. How would your co-workers describe you?

• Describes how THEY think others see them

4. What did your supervisor recommend you improve upon? Did you agree?

• Can they acknowledge weakness in a positive manner

5. If you could create the ideal work environment/job/boss…what would it look like…?

• Is this a match for what you offer

6. Why did you choose your profession?

• What thought process went into their decision

7. What do you believe is the most valuable lesson you have learned at work?

• Will show what is valuable to them

8. Tell me about a time when you made a mistake on a project/assignment.

• Again, can they turn this into a positive…did they use common sense/good judgment in working through the problem

9. Describe your proudest work accomplishment.

• Again, what motivates them

10. You’ve seen the job description (assuming they have). Why are you qualified for this job?

• Where do they see the fit

Their questions

1.    Be prepared for almost anything including the “I really don’t have any right now.” Please note, this demonstrates a lack of interest in the job/opportunity/company/interviewer – even if they are ultra nervous.

2.    Be honest. If they ask a question that you don’t have an answer to, tell them the truth – we haven’t considered that or I’ll let you know.

3.    Remain open. Offer your business card and open the door for them to contact you in the next day or so if they think of anything else.

4.    Avoid pay and benefit questions by simply stating it’s too soon in the process to discuss that topic, but you will be fair should you make an offer.

Closing the interview

1.    Tell the candidate the next step.

2.    Debrief. Immediately after the candidate leaves, document your thoughts (job related) with supporting information and examples from their responses. For example: the candidate was not well organized – he dropped his resume on the floor and skipped around when discussing his professional experience.

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