Human Resource Issues

The Occupational Safety and Health Administration (OSHA) has issued a directive changing the required fall protection systems for residential construction. This directive, effective June 16, 2011, requires the use of conventional fall protection systems in residential construction activities six feet or more above lower levels. Use of these systems is not currently required in residential construction.

The Safety and HR professionals at Management 2000, an Indiana PEO, have the knowledge and expertise to help employers comply with ever-changing employment laws. Whether the concern is safety, payroll or benefits administration, or any other human resource issue, Management 2000 provides the human resources help employers need to operate successfully. For more information about Management 2000’s human resource administration services, call (317) 549-2000 or visit www.management2000.com.    

On January 11, the Department of Homeland Security's U.S. Citizenship and Immigration Services released a new guide to the Form I-9 process.  I-9s are required of all employers to verify the employment of each new hire, and are used as part of audits to curb illegal immigration.

The HR professionals at Management 2000, an Indiana PEO, are experienced in the proper use and retention of I-9s.  Employers can count on Management 2000 to handle all HR administration issues so they can focus on the business itself.  For more information about the human resource management services Management 2000 provides, call (317) 549-2000 or visit www.management2000.com.  

The National Labor Relations Board has proposed a rule that would require every employer subject to the Board's jurisdiction to post a notice informing employees of their federally protected labor rights. The Board believes that such a rule would not only make employees aware of the National Labor Relations Act's protections, but also discourage employers from engaging in unfair labor practices.  

Management 2000, an Indiana PEO, has HR professionals who are experienced in labor relations. With extensive HR management tools, Management 2000’s HR consultants provide effective and accurate advice to employers regarding labor and other human resource issues. To learn more about the HR support Management 2000 provides, call (317) 549-2000 or visit www.management2000.com.     

The HR consultants at Management 2000, an Indiana PEO, provide the human resources help employers need to develop effective safety training programs. For more information about the human resource management services provided by Management 2000, call (317) 549-2000 or visit www.management2000.com.    

Many employers reimburse their employees for mileage driven in an employee’s personal vehicle for business purposes. For 2010, the business mileage reimbursement rate set by the Internal Revenue Service is 50 cents per mile. Starting Jan. 1, 2011, however, these rates for the use of a car, van, pickup truck, or panel truck will rise to 51 cents per mile.  Revenue Procedure 2010-51 contains additional information regarding the standard mileage rates.

Management 2000, an Indiana Professional Employer Organization, provides human resources, benefits and payroll assistance to small and medium size businesses throughout Indiana and across the country. Utilizing their vast array of HR management tools, the HR professionals at Management 2000 are able to provide effective HR strategies and support to client companies. Whether it’s current mileage rates, human resource issues, employee benefits administration or payroll processing, Management 2000 can help. For more information call (317) 549-2000 or visit www.management2000.com.

According to a BNA survey, there is a greater likelihood this year that employers will give employees holiday gifts and bonuses, sponsor end-of-year holiday parties and company-wide celebrations, and increase participation in charitable activities than last year. Employers with such plans, however, must take certain precautions. These include ensuring that alcohol consumption is monitored and that gifts/bonuses are given on a non-discriminatory basis. 

Management 2000, an Indiana Professional Employer Organization, provides the human resources help employers need to plan holiday activities. With human resources support from Management 2000’s HR professionals, employers can provide worry-free holiday cheer to employees. For more information about how Management 2000 can help develop effective human resources practices, call (317) 549-2000 or visit www.management2000.com.      

There may be times when discipline or termination of an employee who has filed a worker’s compensation claim is warranted, just as it would be for any other employee. Employers facing this situation, however, must not underestimate the legal risks involved. In addition to rights under state law, a worker’s compensation claimant may be covered by the ADA, FMLA, or similar state laws. Employers who fail to recognize these potential problems can face significant legal consequences.

Assisting employers with worker’s compensation, as well as other human resource issues, is but one of the many services provided by Management 2000, a Professional Employer Organization. The HR Professionals at Management 2000’s offices in Indianapolis, Indiana provide HR support to employers regarding a variety of HR issues, including HR policies and procedures, compliance, recruiting and retention, and training. For more information about human resource management services from Management 2000, call (317) 549-2000 or visit www.management2000.com.       

Employers must take care when classifying workers as independent contractors. If the Internal Revenue Service finds that an independent contractor should have been classified as an employee, it can assess the employer any or all of the following:

• An amount equal to 1.5 percent of wages (3 percent if no information return was filed).

• Up to 40 percent of the worker's share of Federal Insurance Contribution Act tax that should have been withheld.

• A civil penalty equal to 100 percent of the total amount of tax evaded or not collected. There can also be a criminal penalty of a $100,000 fine ($500,000 in the case of a corporation) and/or five years in prison.

• Up to $50 per Form W-2 that should have been filed.
• A civil penalty of $50 per W-2, if IRS finds the employer willfully failed to furnish correct W-2s to employees. There's also a criminal penalty consisting of a $1,000 fine and/or one year in prison for willful failure to furnish W-2s as required.
• Interest on past-due tax payments.

Clearly, improper classification of employees can be a costly mistake. The HR professionals at Management 2000, an Indiana PEO, have the knowledge and experience to help employers classify employees properly. With legally compliant human resource policies in place, employers can avoid costly litigation and hefty fines. For more information about the many human resource management services provided by Management 2000, call (317-549-2000 or visit www.management2000.com. 

The Americans with Disabilities Act (ADA) protects individuals with a physical or mental disability that affects a major life activity. This is true even if the condition is not visibly apparent or is in remission. This is evidenced by a recent federal court ruling in Indiana that an employee was covered by the ADA even though the employee’s cancer was in remission at the time of the adverse employment action. 

Management 2000, a Professional Employer Organization in Indiana, constantly monitors federal and state laws and regulations related to human resources administration. With this information, the HR professionals at Management 2000 provide the human resources help employers need for compliance. Whether the issue is legal compliance, documentation and record retention, discipline, or training, employers can count on Management 2000 for accurate, timely advice.  For more information call Management 2000 at (317) 549-2000 or visit www.management2000.com.

Regular attendance at work is an essential function of most jobs. However, there are many legitimate reasons why employees cannot be at work every day. In order to help control absenteeism, employers should have a policy that addresses issues associated with attendance. These issues include tardiness, sickness, personal business, family and medical leave, and disability. Developing such policies, however, can be a time-consuming task for employers.

More and more, small and mid-size businesses are relying on Professional Employer Organizations for human resources administration. Management 2000, an Indiana PEO, provides the HR support these companies need. Management 2000’s HR professionals have extensive experience developing effective attendance policies as well as other HR policies and procedures. This is just one of the many ways Management 2000 can help take the administrative burden of personnel matters off employers. 

For more information, contact Management 2000 at (317) 549-2000 or visit www.management2000.com.     

Daylight-saving time in the United States ends at 2 a.m. November 7, when clocks should be turned back one hour. This time change may result in questions about overtime pay rights under the Fair Labor Standards Act.  Employers should observe federal rules for late-shift employees who are scheduled for early morning work because they will be on the job an extra hour after clocks are set back.  Compensation is required under the FLSA for covered employees who work this extra hour.

Management 2000, a Professional Employer Organization in Indiana, utilizes a variety of HR management tools and resources to stay abreast of issues affecting its client companies. The HR professionals at Management 2000 understand the human resource issues employers face and know how to develop an appropriate HR strategy to address them.  For information about the services Management 2000 provides, visit www.management2000.com or call (317) 549-2000.  

A recent survey indicates that many companies are increasingly concerned that top-performing employees will leave for better-paying jobs as the economy improves. Accordingly, more and more employers are realizing the critical importance of compensation-related retention strategies to keep these key employees.  

The HR professionals at Management 2000, an Indiana Professional Employer Organization have the HR management tools to help employers develop effective compensation and retention strategies. Using local industry wage data, Management 2000’s human resources consultants can develop an effective retention plan tailored to an employer’s specific needs. For more information on how Management 2000 can help resolve this and other human resource issues, visit www.management2000.com or call (317) 549-2000. 

As the November 2 elections draw near, employers need to remember that many states have laws granting voting leave for employees. These laws usually call for two to three hours of voting leave and allow employers to designate the hours. About 75 percent of voting-leave laws require paid time off, but conditions on paid voting leave vary from state to state.

Management 2000, an Indiana PEO, has the HR management tools to research laws in every state. With this information, Management 2000’s HR professionals provide accurate information to employers regarding leave requirements and other human resource issues. For more information about human resources support from Management 2000, call (317) 549-2000 or visit www.management2000.com.

Many people think that back injuries are a result of a single event, such as lifting heavy or awkward objects. Many back injuries, however, result from relatively minor strains that occur over time. When back muscles or ligaments are injured from repetitive pulling and straining activities, the back can become weak, making additional injuries more likely.

Management 2000, a Professional Employer Organization in Indiana, has experienced Safety and HR professionals who can help employers address this and other human resource issues. By conducting safety audits and providing HR management training, these professionals help employers keep their employees safe and injury-free. For more information about all the human resource management services Management 2000 provides, call (317) 549-2000 or visit www.management2000.com.

Data released last month by Quest Diagnostics Inc. (a drug testing company) indicates an increase in American workers and job applicants testing positive for prescription opiates.  This data further shows that employees are two to four times more likely to have opiate indicators in their systems after an accident than during a pre-employment screening.  This naturally raises the concern that use of the drug may have played a role in the accident. 

Employers often overlook the importance of dealing with human resource issues such as on the job injuries and drug use. Without effective human resource policies, however, these issues can create costly problems in terms of medical care and liability to third parties. Management 2000, an Indiana PEO, helps employers develop and enforce an effective HR strategy to address a full range of issues. For more information about Management 2000’s human resource management services, call (317) 549-2000 or visit www.management2000.com.

Every company whose employees have E-mail access should have a policy on E-mail use. This policy should include the employer’s right to monitor E-mails. Additional tips employers should consider are including E-mail in document retention programs, limiting information in E-mails to facts rather than exaggerations, speculations and insults, and having in-person conversations to discuss sensitive situations. 

Management 2000, a Professional Employer Organization in Indianapolis, Indiana understands the need for effective human resource policies. The experienced HR professionals at Management 2000 provide the HR support employers need for an HR strategy that addresses E-mail use and other human resource issues.

For more information about the HR management services provided by Management 2000, call (317) 549-2000 or visit www.management2000.com.

Small business owners often find it difficult to keep up with the various laws and regulations governing employment practices.  Hiring, payment of wages, promotions, maintaining employee records and rest/meal breaks are but a few of the issues impacted by state and/or federal laws. Compliance is time consuming, but non-compliance can be financially devastating.  

Management 2000, a Professional Employer Organization, has the HR management tools to identify applicable state and federal laws and develop appropriate human resource policies for its clients. This is just one of the many ways the HR professionals at Management 2000 provide HR support and resolve human resource issues.

For more information about the HR services Management 2000 provides, call (317) 549-2000 or log on to www.management2000.com.

Whether workers should be classified as employees or independent contractors is an important human resources issue and litigation in this area is likely to increase in the future. Recent cases indicate, however, that the courts do not have a uniform approach to the independent contractor analysis. While the National Labor Relations Board consistently applies a 10-factor test of independent contractor status, federal courts disagree on the test to be used or the factors to be emphasized.

As is true with most employment litigation, these cases may take years to resolve and the cost to employers can easily be six figures. Management 2000, a Professional Employer Organization in Indiana, constantly monitors court cases involving human resources issues.  With this information, the HR professionals in Management 2000’s HR Department can provide guidance and support regarding employee classification as well as other human resource policies and practices. For more information about the many human resource management services provided by Management 2000, call (317-549-2000) or visit www.management2000.com. 

Under the Fair Labor Standards Act, “outside sales” employees are exempt from the overtime provisions in the Act.  It would seem reasonable to assume, therefore, that pharmaceutical sales representatives who call on physicians would fall into this exempt category.  The United States Department of Labor, however, disagrees. The Department recently submitted a brief in a 9^th Circuit Court of Appeals case arguing that the job of the pharmaceutical sales representatives in that case was to persuade physicians to prescribe the company's products, but they did not "make sales" as required by the Act’s exemption for outside sales employees.

Management 2000, a Professional Employer Organization in Indiana, constantly monitors federal and state laws and regulations as well as other media related to human resources administration. With this information, the HR professionals in Management 2000’s HR Department can provide guidance and support regarding payroll policies as well as other human resource issues.  For more information about the many human resource management services provided by Management 2000, call (317-549-2000 or visit www.management2000.com. 

Employers that discipline or terminate employees for legitimate, non-discriminatory reasons may still find themselves facing discrimination or other legal challenges to the decision. The best way for employers to protect themselves in these situations is to remember – Document, Document, Document!

Even if a jury disagrees with a company’s decision to discipline or terminate an employee, as long as the employer genuinely believed the truth of their stated, non-discriminatory reason for the decision, the employee will be unable to prove discrimination. The most effective way to support an employer’s genuine belief is complete, contemporaneous, and objective documentation of the employee actions and statements on which the decision is based. 

Helping employers develop effective HR practices, is but one of the many services provided by Management 2000, a Professional Employer Organization. The HR Professionals at Management provide HR support to employers regarding a variety of HR issues, including discipline and discharge, compliance, recruiting and retention, and training.  call (317) 549-2000 or visit www.management2000.com for more information.