Department of Labor

What’s the real cost of employee absences?

Friday, July 30th, 2010

  A new study published by Mercer and Kronos reports that employee absences cost employers 35% of payroll cost.  That’s quite a bit of money for time not spent working.  Plus most companies have some form of sick leave, vacation leave, and holiday time not to mention required leaves under FMLA and other federal or state laws so you are paying somebody to track all of this too.

 I’m a believer in PTO (Paid Time Off).   What do I care as your employer  if you need a day off to take the dog to the vet, stay home with a sick kid, need a mental health day or like to celebrate a holiday I don’t know about? Way too much information and the end result is the same, you aren’t working.   How about this instead- “All employees receive the following paid holidays (insert the days your company is closed).  In addition to paid holidays after the first 90 days of employment employees accrue 10 hours of PTO per month in years 1-3 of employment.  Employees accrue 12 hours per month of PTO per month in years 4 and 5 of employment and 15 hours of PTO per month after the fifth year.  Employees are encourage to use their PTO in the year earned, however up to 24 hours may be transferred at each year end.   PTO balance has no monetary value and will not be converted to cash and paid at termination. (depending on state law).  PTO of more than 3 days will required either a two week advance request or if an advance request is not possible an explanation to your manager as to the reason for the PTO.”

 I’ve managed both PTO programs only, vacation & sick time off, and a combination of all three- PTO always is the favorite with the employees- AND less abused with frequent unplanned absences, sick people working when they should be at home….and it’s so much easier to track on the HR side. 

 Join the conversation:  Is PTO a good idea?

Happy Birthday ADA (Americans With Disablities Act)

Monday, July 26th, 2010

Happy 20th  Birthday to the ADA (Americans with Disability Act)!   Since becoming the law on July 26, 1990 the ADA has protected the rights of the disabled including access to public places, enforcing non-discrimination and requiring “reasonable accomodation” in the workplace.  Further protections for the disabled were provided by the passage of the Americans with Disabilities Act Amendments Act (ADAAA).  This law made clear that courts needed to focus their attention on the illegal discrimination – not on whether the victim was disabled within the meaning of the law.    So how effective has the ADA been in the past 20 years? Unfortunately discrimination against those with disabilities continues in the workplace. Consider the following statistics from the EEOC website:

  • 1993: 15,274 charges of discrimination filed with EEOC, which obtained $15,496,811 in relief for 1,851 people though its administrative process;
  • 2009: 21,451 charges of discrimination filed, roughly a 30% increase.  EEOC got $67,826,112 in relief for 3,238 people;
  • From 1993 to 2009, ADA charges rose from 17.4% of all charges filed with the EEOC to 23% of all charges filed as ADA charges became a greater part of the EEOC’s workload;
  • During the same period, the EEOC filed 874 lawsuits claiming violations of the ADA, collecting a total of $86,633,804 for victims of disability discrimination.
  • Join the conversation: What is your experience hiring a disabled person or as a disabled person applying for work?

    Light at the end of the tunnel as employers start hiring again

    Monday, July 19th, 2010

    While the unemployment rate remains over 9% (9.3% according to the last Bureau of Labor Statistics report) there seem to be a bit of light at the end of the recession tunnel. The National Association of Buiness Economics reported that 31% of employers surveyed had added staff in the past 3 months, up from 6% last year AND 39% expect to hire between now and December 2010.  If you are one of those employers who will be hiring this year do yourself a favor and before you start hiring review your processes- since you probably will only be hiring a few individuals this year it is critical to do it right the first time.

    1)  First things first, make sure you have a job description for the position

    2) Use a checklist to ensure objective, legally defensible interviewing

    3) Check references and depending on the position peform a background check/drug test

    4)  Provide a conditional offer letter and written pay plan to the prospective employee

    5)  Make sure you have some basic orientation actitivities planned for the first day/first week so they hit the ground running.  No need to spend hours and hours on orientation but everyone like to know where the bathroom is and an organization chart is alway handy!

    Additional information on best practices in hiring can be found in the KPA webinars- “How to Hire the Right Employees” and “Bulletproof Your Employment Practices”.  Recorded versions may be dowloaded at http://www.kpaonline.com/news-and-events/webinars/recorded-webinars.html

    Hope you are one of the lucky employers who will be hiring this year- join the conversation and  let me know if you are hiring or still waiting for the economy to improve further.

    Yet another discrimation lawsuit and settlement in the transportation industry

    Tuesday, July 6th, 2010

    Because KPA offers HR compliance consulting and HR software we monitor all of the lawsuits and settlements brought by the EEOC.   Frankly it is rather depressing to me (as an HR professional and as a person)  that 45 years after the EEOC was established there are still so many claims and settlements for discrimination, harassment and retaliation.    My friends who are  employment attorneys could not be more pleased that there seems to be a never ending source of revenue from employers who can’t be bothered with good HR practices UNTIL the lawsuit lands on their desk.

    The latest discrimination and retaliation claim settled by a company involved in the transportation industry involves McGriff Industries. McGriff Industries settled the suit for $100,000 along with required activities involving implementing effective anti-discrimination policies and procedures, and training its employees, supervisors and managers on the prohibitions against racial misconduct in the workplace. The company will also be required to develop a system for reporting, investigating and addressing complaints of workplace racial misconduct; hold all employees accountable for engaging in it; and hold supervisors and managers accountable for tolerating or failing to address such misconduct.  

      Let’s review the 4 things employees really must do to ensure they are not next in the list of companies the EEOC has settled with in 2010. 

    1) When in doubt on the right thing to do - don’t do anything (don’t fire, don’t hire,) without consulting the experts (your attorney, a certified HR professional) and then listen to what they tell you.

    2) Automate processes for hiring, performance management, training and termination with software so you have complete records, and forced compliance to best practices for essential HR process. With the multitude of HR software programs out there at every price point,  some even specialized by industry, there is no excuse not to automate process and force compliance. 

    3) Establish policies and procedures for employees to report issues and concern- and respond to them (ethically, humanely and legally).

    4) Train, train, train- never assume your managers and employees know what to do and more importantly what not to do to avoid harrassment, discrimination or retaliation.

     Join the conversation: Are you sure your company would survive an EEOC audit?

    Employee Bill of Rights- Happy 4th of July!

    Friday, July 2nd, 2010

    In honor of the 4th of July holiday let’s take a moment to celebrate our rights as citizens here in the United States and also discuss what rights employees have the workplace.

    1) Employees have the right (confirmed by a number of state and federal laws) to not be discriminated against or harrasssed in the hiring process and in the workplace.

    2) Employees have the right to be paid for work completed and to have meal and rest periods as appropriate (the Fair Labor Standards Act and individual state law defines wage payment along with meal and rest periods).

    3) Unless under contract employees have the right to leave employment that does not suit them (employers also have the right to fire employees “at will”  in most states except when under contract or because of discrimination or retaliation).

    4) Employees do not have the right to paid holidays, sick time or vacation pay under federal Law (FLSA). Some states do provide for paid time off.   Check out the your state’s Department of Labor website  more information on paid leave laws.   Employees do have the rights to unpaid leave under Family Medical Leave Act (FMLA) and some state laws.

    5) Employees have the right to reasonable accomodations for disabilities  under the Americans With Disablity Act (ADA).

    Happy 4th of July to all employees and employers!

    New FLSA Child Labor Regulations Effective July 2010

    Wednesday, June 30th, 2010

    If you employee anyone under the age of 18 you should be aware of changes to the FLSA (Fair Labor Standards Act) effective July 19, 2010.

    FLSA child-labor regulations strictly enforce the employment terms of minors. In general, employment of minors who are 16 or older is allowed in most industries for work not falling within one of (Department of Labor) DOL’s 17 “Hazardous Occupations” and there are few FLSA limitations upon their times or hours of work.

    Strict limitations already exist on allowed occupations and hours of work for minors under the age of 16. Youths aged 14 and 15 may not work before 7 a.m. or after 7 p.m. (with the exception being from June 1 through Labor Day when they may work until 9 p.m. and for some occupations such as babysitting or newspaper delivery). Minors under the age of 16  may not work more than 3 hours on a school day; 18 in a school week; 8 hours on a non-school day; or 40 hours in a non-school week.  Additional state regulations may also apply to the employment of minors.

    The new regulations expand the list of prohibited equipment, engagement in dangerous activities and any peddling or street sales (other than for charitable causes). Additional provisions expand work by minors as lifeguards at pools and amusement parks (if certified), and intellectual or artistically creative work like tutoring, computer programming, and teaching.

    Working  hours restrictions still apply based on the schedule of the local public school district, regardless if the youth attends a private school or is home schooled. Additionally, the 3-hour restriction on school days includes Fridays. The revisions also newly define a “workweek” for 14- and 15- year olds as a “fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods.”

    Don’t let the long list of restriction keep you from employing minors- minors can be a great resource for employers- just be aware of what they can and cannot do in the worplace.  A complete guide is available at http://www.youthrules.dol.gov/

    Join the conversation: Do you employee minors?

    More benefits, less cost- consider childcare and dependent care programs

    Tuesday, June 29th, 2010

    Ever had to take a sick day not because you were sick but because a child or other dependent was?   Or how about when your childcare provider is sick, where does that leave you- and even if your children or other dependents can be left alone for a few hours so you went into work- you probably spent the whole day distracted and worried.  Wouldn’t it be be nice if you could just run downstairs or across the street and check on the kids- by the way employers, the ability to bring your kids to work with you on Saturday does not a childcare program make (although my kids have all spent some time coloring on my whiteboard while I just ran in for a “quick meeting” or hanging out in Dad’s office while he taught a class).

    A recent study by Bright Horizons and Northwest University shows real benefits to employer provided childcare and dependent programs- specifically reduced  health care costs.

    Employees offered benefits such as child and dependent care were:

    • 31% less likely to report lost productivity due to stress over the past month
    • 25% fewer personal health concerns due to stress

    Employees who were not offered these benefits were:  

    One-third more likely to report being down, depressed, or hopeless in the last month, 62 % more likely to experience sleep issues that impact their work and three times as likely to be treated for high blood pressure and diabetes.

    In addition, the study noted that behavioral health problems cause more than 200 million missed work days each year in the U.S. at an estimated cost of $105 billion, according to the National Business Group on Health.

    Join the conversation: does your company offer any type of childcare or dependent care program?

    OSHA Severe Violator Enforcement Program Now in Effect!

    Thursday, June 24th, 2010

    “The New OSHA” as described by many department heads is showing its colors and making good on its promises.  The recently enacted Severe Violator Enforcement Program (SVEP) is  now in effect and being enforced.  What exactly does this mean to you?

    In the words of David Michaels, OSHA administrator, “SVEP will help OSHA concentrate its efforts on those repeatedly recalcitrant employers who fail to meet their obligations under the Occupational Safety and Health Act. It will include a more intense examination of an employer’s practices for systemic problems that would trigger additional mandatory inspections.”

    In reality it means more inspections, bigger fines and larger inspection scope.  Basically if you’re not making real efforts to keep your employees safe, it’ll cost you.  Under this program OSHA has promised to visit more employers with higher incidence rates, automatically include employers for follow up inspections, visit other locations run under the same corporate umbrella and raise fines for the first time since the 1990s.  The fine increase is significant from a max penalty for a  willful violation from $70,000 to $250,000. 

    We’ll see how all of this pans out for our clients, although with what we’ve personally seen in the past few months in much of the country, this program certainly seems to be on track.  Have any of you seen an increase in regulatory pressure?

    What is the cost of not allowing women mechanics at your dealership? $55K based on latest EEOC settlement

    Thursday, June 10th, 2010

    Is there any reason why women should not work as motorcycle mechanics? The obvious answer of course not-and the Dudley Perkins Company probably wishes that had been their reasoning in the past after paying out $55,000 to settle a lawsuit accusing them of not allow a women to work as a mechanic. 

     The The Dudley Perkins Company, the country’s oldest Harley Davidson motorcycle dealership, will pay $55,000 and furnish other relief to settle a sex discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced on June 7, 2010.

    The EEOC’s suit had charged that the San Francisco-based company refused to let a female employee, Bowen Dean, work as a mechanic, while hiring less qualified men. Further, the EEOC said, Dudley Perkins fired her after she filed an EEOC sex discrimination charge.  Through the consent decree settling the suit, the court ordered that Dudley Perkins revise its equal employment policy and complaint procedure; train its staff every year about sex discrimination and retaliation; post a notice stating the terms of the decree and how to complain about discrimination; include in its advertising a statement affirming its commitment not to discriminate based on sex; and report its hiring decisions to the EEOC for the decree’s two-year term. In addition, the company will pay Dean $55,000 as monetary damages.  The cost of the bad press is hard to calculate.

    “Breaking into jobs in non-traditional fields continues to be a challenge for women, and despite the prohibitions on sex discrimination written into federal law in 1964, some sex segregation in employment continues,” said EEOC San Francisco Regional Attorney William R. Tamayo. “This settlement will help the motorcycle industry take a step forward.”

    The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov

    Paid Time Off, Benefit or Requirement?

    Tuesday, May 18th, 2010

    With summer vacations coming up  a common question for employers and employees is “how is paid time off calcuated and when is it due?”.   While many employers offer at least some paid time off to employees,  the answer to this question may surprise you.  Employers are not required by law to provide time off for vacations, holidays or sick leave.  The Fair Labor Standards Act also does not required employers to offer meal or rest periods, however many states have regulations that do require paid meal and rest periods.  The federal Department of Labor website is a great resource for which states have laws regarding paid meal and rest periods.

    While paid time off for holidays, vacations and sickness may not be required, unpaid leave is mandated for variety of circumstances under the  federal Family Medical Leave Act  (FMLA) and state specific regulations.

    Join the converstation: Does your company offer paid time off?