A Client asked me if an employee who files worker's compensation is able to claim that his
health information for that claim is covered by HIPAA. HIPAA is the Health Insurance Portability and Accountability Act that provides confidentiality of Personal Health Information. Generally, however, information that comes to an employer through a workers’ compensation claim is not covered. Carefully distinguish between information that the company receives as a plan sponsor or plan administrator (that is subject to HIPAA) and information that the company receives in its role as an employer. I would suggest that if you question whether you should have access to that information, consult with a professional knowledgeable in this area to assist in making these distinctions. At Management 2000 we administer the worker's compensation and keep our clients compliant with the requirements of HIPAA.
Earlier this week I dealt with a termination situation where an employee had just returned from FMLA. The termination had nothing to do with the FMLA that this person was on. It was due to circumstances that occurred prior to the leave and completely unrelated to the condition that caused the leave. We moved forward with the termination and made sure that that the reasons for the termination were clearly explained to the employee. This did not stop the person from feeling that the term was due to them taking FMLA, however we worked hard on making sure that we had the proper documentation and had taken progressive discipline. My point is that FMLA does add a complication to the termination process but it is doable. At Management 2000 we provide the Human Resources expertise to help our clients take the necessary steps to move forward with disciplinary action. We look even closer when unusual circumstances arise.
I participated in an unemployment hearing today where the Administrative Law Judge (ALJ) was very strict in what evidence was allowed to be entered. Since the manager involved as a witness had never been involved in one of these hearing before, he was rather nervous and the judge was able to fluster him. Fortunately I was there to ask him a series of questions that allowed him to give short answers and gave us the ability to lay the facts of the case out without putting him in a frustrating situation. As a PEO, this is one of the benefits that we offer to our clients. We provide HR support so that our clients are not left to deal with these stressful situations on their own.
One of the benefits to belonging to a PEO is that we assure that the HR Administration of federally required forms is handled correctly. For instance the current I-9 form is due to expire today. We have informed our clients what they need to do to remain compliant. Do you know what you need to do?
I have to attend an unemployment hearing tomorrow with one of our clients. This client has done an impressive job of providing documentation about what the employees performance issues were, dates of absence and disciplinary reports that show progressive discipline and clearly stating that if the expectations were not met, discipline up to and including termination would occur. This client has all their ducks in a row. I will be anxious to see what the Administrative Law Judge (ALJ) has to say about this one. When spelling out expectations for employees be sure to be specific. For instance, instead of saying "Don't be late for work" say, "Your designated starting time is 8:00 am. You are expected to be at your workstation and prepared to begin work at that time." That takes out any chance for ambiguity.
At Management 2000 be provide templates for our clients to use as an HR Management Tool to assure that they are keeping their ducks in a row.
As a follow up to yesterday's blog, I'd like to make one more point in terms of motivating
employees.Don't assume that what motivates you will motivate others.
For example, you may be the type of person who enjoys and needs public recognition. If you are dealing with an introvert - the last thing they are going to want is public recognition. In fact, knowing that the result of good work will lead to that type of recognition, they may hold back and not perform at their maximum capability just to avoid that type of recognition. Learn what motives your employees and reward them appropriately.
- Do you walk your talk?
- Do you treat people fairly?
- Are you willing to do what you ask others to do?
e month from today, the Federal Minimum Wage increases to $7.25 per hour. Certain states have different minimum wages that are greater than the $7.25. Be sure that you are looking at the requirements for your individual state. As part of the Human Resources and payroll function at Management 2000, we assure that our clients are compliant with all the Federal and State wage reqirements.
The Supreme Court made a ruling on June 18, 2009 regarding Age Discrimination claims under the Age Discrimination in Employment Act (ADEA). To make a long story short, in a lower court decision, the judge ruled that when the claimant made a claim of age discrimination, the burden of proof switched to the employer that the employment decision was not based on age. The Appellant Court ruled that the burden of proof still remained with the claimant . The Supreme Court agreed with the Appellant Court and the burden remains with the claimant. The important point to remember is regardless of where the burden of proof lies, all your employment decisions should be well thought out and HR analysis done to assure that you do not have disparate treatment of any employee or group of employees. At Management 2000, we provide HR support to assure that this issue is addressed.The Society for Human Resource Management recently conducted a survey that indicates that the most likely budget items to be cut are employee morale programs and team building activities. There are also studies that show that acts of violence in the workplace are on the rise. Part of this is likely due to the added stress of seeing co-workers lose their jobs, increases in your own workload due to fewer co-workers, the fear that you may be next. Combing those stresses along with putting less emphasis put on team building and addressing morale issues can compound the issue of violence in the workplace.
Right now I am working on creating a survey for a client to find out what is working and not working for employee as well as what do employees feel is important and what isn't important. We will analyze the results of that survey and them put together an HR strategy to address those areas where there are deficiencies.
his one-size-fits-all approach can be as harmful to employees as it is to employers. If this bill is enacted and the employer forced to comply, other benefits - such as paid time off will have to be altered because the cost of maintaining both would be a hardship on the employer. Who loses in this case, the employee because they are now forced to have a benefit which is less flexible. As this bill progesses, I will keep you posted on my blog.
very good point. The article was about describing "essential functions" of the job and stated that it is important not to confuse the method with the task that needs to be completed. In other words, stating that the job requires bending(method) is not enough to give a clear understanding of what is required. It would be a more appropriate Human Resources practice to say "responsible for gathering multiple parts that are located at various levels including floor level and place them at table height". It would also be appropriate to include the weights of the parts as well as the frequency on how many times a person would have to retrieve the parts. By being more descriptive about the task that needs to be completed, you will find numerous benefits including: - better screening of candidates - you will be able to ask more specific questions about a persons ability to perform the task
- candidates will have a better understanding of what is expected of them and finally
- in the event that you have to make an accommodation, the Dr. will have a much clearer picture of what the employee is being asked to do.
As a HR Consultant, these are some of the items I work with our clients to assure that they are following HR Best Practices.
This morning I received a call from two different clients with very similar request. They both had an employee who has been missing work and also having some performance problems. One client I recommended termination and the other client I did not. Why -- because the first client had done their homework. They had counseled this employee verbally and written and had informed the individual what the consequences would be if the expectations were not met. They have done everything correctly and are ready to move forward with the termination.
The second client has had no conversation with the person about their performance and the situation has continued to deteriorate to the point that the client has "had enough". The problem is that the employee was never told that they were not meeting the expectations and not informed what the consequences would be if expectations were not met. I've told them they need to slow down and do the right thing and start some progressive discipline. This wasn't what they wanted to hear, but they also know it's the right thing to do.
b descriptions - ADA
- FLSA
- Equal Pay Act
- Civil Rights Act Title VII
- Age Discrimination in Employment Act
- O.S.H.A
- Any State regulations that apply.
In looking at the turnover for one of our client, we found that 50+% of their turnover occurred within the first 90 days. What that tells me is that either 1. The client did not spell out clearly for the employee what the job was and/or 2. The interviewer didn't dig in deep enough to determine if the employee would be a good fit for the position. To prevent this from occurring:- Make sure you clearly explain what a job entails. Have a current employee meet with the candidate to give them their view of the work to be performed.
- Plan ahead for your interview -- think about what an ideal candidate would look like
- structure open ended questions that forces the candidate to offer explanations rather than a yes/no answer
- Describe a real life situation that the person would be faced with and ask them how they would handle the situation.
We had to deal with a rather delicate situation today. We received a call from a client about an employee who has a condition that is going to require surgery, an extended period of recovery and the condition is unrelated to his employment. The question is what to do with this person. This is a small location with less than 10 employees therefore; they will not be required to offer FMLA. Unfortunately this location will not be able to hold open the position for the person while they recover and will be filling the position. Certainly the client doesn't feel good about having to inform this individual that their job will no longer be available but they were glad they partnered with a Professional Employer Organization and gain advise on how to properly handle the situation. As an HR consultant, I will meet with either or both the employee and supervisor to explain the reasoning for the decision. We do this because we know you have a business to run
If you are faced with a downsizing situation, one of the HR Management tools to consider is a program where people voluntarily leave the organization. With a voluntary program you are less likely to become involved in legal issues since the person (people) leaving chose to do so. Employee morale tends to stay higher with these types of programs as well. In order for a program like this to be successful, there should be a severance offered. If there is severance, you should ALWAYS have the person sign a release of claim. Be sure to involve a Human Resources Consultant or seek legal advice before drawing up an agreement. There are certain element that must be included.
There are some drawbacks to implementing a voluntary program. Sometimes a person that is valuable to the organization will agree to leave. You also need to be careful that your program in not discriminatory - that it targets a particular group of employees. Be sure that you have made a decision how to handle the situation if more volunteer than you need and more importantly, what you will do if less volunteer than what you need.
I had one of those "ah-ha" moments yesterday. I was at two different sites for one of our clients conducting training on 1. Prohibited Harassment and 2. Substance Abuse in the workplace. Sometimes (okay... a lot of the time) I get the impression that people would rather watch paint dry than to set through those sessions. That was not the case 
yesterday. At both locations, the employees were attentive and interactive. They get it - they actually appreciated that their employer cared enough about them as employees to discuss these items and to tell them what to do if they had concerns about being harassed and where to turn for help if they (or a co-worker) have a substance abuse problem. After each session, I had several people come up and expressed how much they appreciated the sessions. The "ah-ha" for me is that training of this type is really more than just assuring compliance, it is also a way to show your employees that you care about them and are interested in their well-being and safety.
With the warm weather coming on I've been asked if there is any laws directing
dress code. There is no specific law addressing dress code however there are laws that indirectly affect dress code. For instance Title VII of the Civil Rights Acts states that among other things, a person cannot be discriminated based on their religion. As you probably know, there are certain religions that have hair, clothing and jewelry requirements and you must make allowances for those requirements. There are a couple of exceptions. You do not have to make that allowance if:
1. That exception creates a hardship for the employer and/or;
2. Creates a safety hazard.
You should seek HR support when developing your dress code policy. At Management 2000
we provide that service for our clients and assure they are setting their policies with HR Best Practices. At Management 2000, we know you have a business to run.
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