10.07.16
Politics At Work: Don’t Let the Election Season Disrupt Your Workplace!
HR Bulletin
Politics At Work: Don’t Let the Election Season Disrupt Your Workplace!
The 2016 Presidential election has been interesting, to say the least. It’s hard to find someone who doesn’t hold passionate views for, or against, either of the main candidates. And as much as we strive for a harmonious workplace, political discussions are bound to come up as we move closer to Election Day.
There are numerous reasons to avoid heated political debate in the workplace including decreased productivity and negative morale. Even if the conversation stays calm, it can be hard to switch gears and focus on work after expending mental energy defending your views. Even worse, these discussions could create risk for claims of discrimination or hostile work environment. Protected characteristics including gender, religious beliefs, race, and age could easily become topics of discussion and a harsh remark may sow the seeds of a legal complaint.
But before you print out that memo banning all political dialogue, it’s important to remember the National Labor Relations Board’s views on concerted activity. Employees, whether unionized or not, have broad rights to discuss the terms and conditions of employment. To the extent that their support for, or opposition to, a candidate relates to job-related topics, prohibiting political speech could be viewed as a violation of their rights. For example, campaign issues like the minimum wage, pay equity, health insurance, and immigration could generate protection under the NLRA.
In addition, California Labor Code section 1101 prohibits company policies that would prevent employees from “engaging or participating in politics” or attempt to “control or direct the political activities” of employees. These rules generally apply to activities outside the workplace, but could be loosely interpreted to cover in-office speech, as well.
So how can you maintain control of your workplace without infringing on employees’ rights? You already have policies in place that can help, and this may be a great time to revisit them. Use your Employee Handbook to remind your staff that:
• Employees are expected to treat each other with respect and courtesy at all times.
• Personal conversations should not disrupt the efficient production of work.
• Solicitations (including political postings) are not permitted during work hours.
• Negative comments about protected personal characteristics will not be tolerated.
• Employees may not make social media posts that give the impression the company supports any political cause or candidate.
• Employees may be permitted paid time off to vote if the work schedule prevents them from voting, or unpaid time off to serve as an election official.
If you do encounter an employee whose political fervor is in violation of your policies, a verbal or written warning may be in order. Be sure to restrict the disciplinary action to job-related behaviors, rather than the employee’s personal views.
And thankfully, November 8th is just a few short weeks away. Regardless of which candidate wins, your employees will soon settle back into normal routines and conversations…for the next four years, at least.
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09.28.16
Did you Know: AB 1066
HR NEWS
AB 1066
This month, Governor Brown signed AB 1066, which significantly changes overtime payment rules for agriculture companies. Wage Order 14, which applies to agricultural occupations, currently provides for overtime after ten hours of work in a workday. The new law will affect employers of 25 or more employees beginning in 2019, gradually reducing the daily overtime threshold to eight hours by 2022. Smaller employers would experience similar incremental changes beginning in 2022.
Additionally, the Department of Homeland Security has announced that a revised Form I-9 will be available by November 2016. Employers may continue using the current version with a revision date of 03/08/2013 until Jan. 21, 2017. After that date, all previous versions of Form I-9 will be invalid.
Employers of 20 or more employees within a 75-mile radius will want to watch for developments in the pending New Parent Leave Act, which would require up to six weeks of unpaid leave for new parents to bond with a child within one year of the child’s birth, adoption, or foster care placement. (This is in addition to any Pregnancy Disability Leave needed by a new mother.) Employers would also be required to maintain group health insurance for the duration of the leave. If passed, the law would become effective on January 1, 2018.
09.14.16
Hire Smart With Background Investigations
HR Bulletin
Hire Smart with Background Investigations
In July, The Business Journal reported the indictment of a local Human Resources Manager on charges of embezzling more than $1 million from her employer. More recently, another Fresno business discovered that a member of Senior Management had been convicted of embezzlement and theft from a previous employer – the charges coming to light when she was unable to report to work after being arrested on a related warrant. (When applying for the job, this person falsified her résumé to hide the time period and former employer involved.)
In addition to the financial impact of these key employees’ actions, their employers were no doubt left with feelings of anger, betrayal, and dismay as to how they could have hired someone with such dubious ethics. The fact is, job candidates can edit a résumé and craft interview responses to put forth a trustworthy impression, but studies have shown that:
• 75% of applications contain misleading information
• 44% of applicants lie about their work history
• 41% of applicants lie about their education
• 9% of applicants have a criminal history
An essential step in hiring the best people, from entry-level staff to top executives, is conducting a thorough, job-related background investigation including criminal records and employment history. It may also be important to verify educational background if the position requires a college degree. Other types of searches include civil filings, credit history, and professional license verification. Savvy hiring managers should compare information on the applicant’s authorization forms to the documents provided during the onboarding process – candidates may try to avoid detection by giving a false birth date or driver’s license number for the background investigation.
Whether you’re pressed for time in filling a position or simply want to believe the best about a candidate, a background check may seem inconsequential. But when adding a new employee to your team, particularly one in a key management role, it’s one of the smartest business decisions you can make.
However, do your homework when selecting a background check provider and ensure that they do not simply rely on database searches. One screening company studied federal corrections databases and found a “41% error rate.” That’s because many screeners don’t bother to check original court records to verify the status of cases. These screening companies often rely only on bulk databases that aren’t properly updated.
Sierra HR Partners can provide complete, legally-compliant background investigation services to help you hire with confidence. Please contact us or visit our background investigations page for details.
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08.11.16
High Cost of Keeping that Bad Apple
HR NEWS
High Cost of Keeping that Bad Apple
It has been said that a company’s culture is shaped by the worst behavior the leader is willing to tolerate (Gruenter and Whitaker). With this in mind, how are you as leaders shaping your workplace culture? Often, managers focus on pay, benefits and other tangibles to help drive the desired culture. While these pieces are important, it’s the daily interactions between employees, management and customers that define your culture. And, remember the lowest level of performance left unaddressed, becomes the highest level you can enforce with others.
Even the strongest leaders can struggle with managing a low performing or destructive employee. It’s human nature to believe that bad employees can get better over time. However; this is not always the case and it’s best to pull these bad apples from your bunch sooner than later.
As HR business partners, you have heard our consultants and attorneys say that bad employees never get better. We say that because it’s true, and we understand how weak employees can hurt your business and/or expose you to potential legal claims. Our consultants are available to guide and train you on effectively managing performance and behavior that aligns with your mission, vision and values.
Did you know?
The Department of Labor published two updated notices effective 8/1, informing employees of their rights under the Fair Labor Standards Act (FLSA) and Employee Polygraph Protection Act (EPPA)?
Federal Minimum Wage Poster changes:
* Misclassifying employees as independent contractors
* Nursing mothers’ rights
* DOL enforcement
Federal Employee Polygraph Protection Act Poster changes:
* Penalty amount
* Updated DOL contact information
Our consultants are available to advise you on which state and federal posters should be prominent in your workplace.
EEO-1 Reporting
If you employ 100+ employees or are a federal contractor, your EEO-1 Report is due to the EEOC by September 30th. You may click here for additional information on submission requirements.
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07.13.16
What Good is an Employee Handbook, Anyway?
HR NEWS
What Good is an Employee Handbook, Anyway?
A Google search for “most boring book in the world” results in a wide variety of titles from Moby Dick to the Twilight series. But a quick survey of folks around the office might show a very different consensus: your Employee Handbook. It’s understandable to some extent – dry, legalese policies…multiple appearances of the phrase “up to and including termination”…and no vampires (right?). Even worse, an outdated handbook or supervisors who don’t implement its policies can expose your organization to significant legal risk.
So why bother? Is it really worth your valuable time and money to create an Employee Handbook that no one wants to read? You bet it is.
- Both federal and state laws require employers to clearly inform employees of their rights on a variety of topics including leaves of absence, paydays, and reporting workplace concerns. A well-written handbook demonstrates your compliance with the law and builds trust with your staff. It also allows you to clarify employees’ responsibilities such as reasonable notice for time off and medical certification for disability accommodations.
- Sound, compliant policies can provide a starting point for defending legal claims. When faced with an accusation of missed rest periods or discouraging safety suggestions, handbook language such as, “Employees are encouraged to take rest periods…” or “Our company welcomes all safety-related concerns and complaints” can establish your company’s general approach to the topic in question.
- Your handbook should provide a valuable road map for supervisors to answer employee questions and address performance concerns. Consistent application of performance standards and behavior expectations bolsters supervisor confidence, strengthens employee trust in your decision-making, and reduces your risk of discrimination claims. By including specific policy language in your verbal or written warnings, you also add credibility to your request for improvement.
It’s important to note that an outdated handbook collecting dust on a shelf can actually do more harm than good. If managers are not familiar with what the policies say, or if company practices have changed over time, you may be losing the benefits described above. Employees who never before cared to read the handbook will be quick to point out your failure to abide by its policies when they have a complaint.
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