• 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.

• 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 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.

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!

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.

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.

Want more great tips? Sign up for our newsletter, and you will be entered to win a $25 Amazon Gift Card.

Two Jackson-Lewis attorneys offered some advice in August at the SHRM Annual Conference and Exhibition in Las Vegas. Here are five questions they suggest you ask yourself when deciding whether or how to discipline an employee:

1. Was the employee engaging in protected “concerted activity” under the National Labor Relations Act?
2. Is the employee protected under a “whistleblower” statute?
3. Was the communication related to political activities or affiliations?
4. Was the employee engaging in “legal off-duty activity” protected by state law or illegal activity?
5. Does the employee have a potential discrimination claim?

The NLRA states the following regarding social media use: “Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities (that’s the piece that trips us up as employers) for the purpose of collective bargaining or other mutual aid or protection…”

Remember, act cautiously AND take the emotion out of your decision – they may have hurt your feelings but… Be sure that your policies and decisions do not have a “chilling effect” on employee expression, and weigh all of your options before terminating an employee based on online postings. (And, when in doubt, be sure to make a quick consult with legal counsel if you think you MAY be crossing the line!)

Are you wasting time interviewing the WRONG people? Learn the tricks to finding QUALIFIED candidates. Get tips here.

The U.S. Chamber of Commerce launched their Hiring Our Heroes program in March 2011. The program, made possible through a partnership with the Joining Forces initiative, aims to hire over one million unemployed military veterans and their spouses. In the next year, they will be hosting 100 hiring fairs with local chambers of commerce across the nation.

Veterans commit their lives to us when they fight on our behalf, and we have a responsibility to show our thankfulness upon their return. When returning from duty, these individuals are armed with leadership and critical-thinking skills, the ability to perform under pressure, a respect for rules, and a goal- and team-oriented sensibility, which are all key qualities of an ideal job candidate. These veterans are primed and ready for the job market, and Hiring Our Heroes intends to connect them with a job that fits their unique skill set.

This initiative complements the president’s jobs proposal that offers tax credits for employers who hire veterans. According to an August press release, “the proposal would offer businesses a maximum tax credit of $2,400 for unemployed veterans hired to fill temporary jobs and $4,800 for those hired to fill full-time permanent positions.”

To date, the Hiring Our Heroes program has already worked with 20 local Chambers to host hiring fairs, bringing together more than 20,000 veterans and military spouses with 1,000 different employers in 16 states. To learn more about the initiative or to find a hiring fair near you, visit the U.S. Chamber of Commerce’s website here: http://www.uschamber.com/veterans

 About the law

Effective November 14, 2011, private-sector employers will be required to post this information where other workplace-related information is typically posted. As a private-sector employer, you should…

• Contact the NLRB or download the poster from their website to ensure that it is posted by November 14, 2011
• Prepare to post the information on an intranet or employee internet if you typically post employee policies there
• Determine what languages must be posted. If at least 20% of employees are not proficient in English, you must post it in another language.
• Learn more about the law from the NLRB (http://www.nlrb.gov/news/board-issues-final-rule-require-posting-nlra-rights) 

Issues surrounding the NLRB regulation

Although the law attempts to inform employees about their rights, this regulation is far too overreaching for the NLRB to enforce. The new law clearly places unionizing in a favorable light, and by requiring employers to post that information, they are asking them to promote the right to unionize.

This affects over six million employers and appears to force them to promote a pro-union sentiment in their organization. The government is inserting itself into private business matters for their own gain, which is a dangerous practice. On the other side of that coin, this enables employers to truly develop an effective, positive employee relations communication message that “you do NOT need a representative to deal with me – I will deal with you fairly as an individual, one-on-one.”

NLRB board member Brian Hayes rejects the law on the following grounds: “the Board does not have the authority to promulgate a notice posting rule, the rule is arbitrary and capricious in any event, and the rule is an improper attempt ‘to reverse the steady downward trend in union density among private sector employees in the non-agricultural American workforce.’ ” (adapted from Franczek Radelet, August 26, 2011).

At HR Resolutions, we agree with Mr. Hayes’ assessment of the new regulation. President Karen Young is an avid opponent of this law and determined to fight for your right as an employer. She will travel to Washington D.C. at the end of the month to voice her concerns. In the mean time, she highly recommends employers begin to develop their communication piece for employees where they emphasize their desire to remain union free and work one-on-one to help their employees with their issues and concerns

No kidding, hiring is a bit like dating. Everyone is on their best behavior and it’s an exciting time to bring the “newbie” who is going to work wonders in the company. And, sometimes we get lucky and find our perfect person.

But more often than not, we find that there are warts on our Prince and somehow we missed that in the early stages.

Hiring too fast is often the biggest mistake small to mid-size companies make. Sometimes it’s lack of planning, sometimes it’s an urgent need brought on by new business; but whatever the situation hiring in desparation will always end up a disaster.

You’ll be left shaking your head in dispair and another person will have cycled through your business. Having an HR plan can alleviate your biggest hiring mistake. Using an outside firm, like ours, can give you the benefit of objective insight that will guide you through the hiring process so that you aren’t alone in assessing potential employees.

We can help you with testing, interviewing, background checks and training when the “perfect one” comes on board. Give us a call. Let’s talk before you make another hiring mistake.

Karen Young HR Resolutions® LLC

5441 Jonestown Rd. Harrisburg, PA 17112

Phone: 717-652-5187

Fax: 717-652-2187

karen@hrresolutions.com

www.hrresolutions.com