Verbal warnings are just that...kind of

Question: I recently gave an employee a verbal warning about his tardiness to work. Do I need to do anything else? ~Reid S. Jacksonville Fl

Answer: Verbal warning are just that verbal. Its the employer letting the employee know that he's headed toward trouble and to get his act together. This verbal warning can be given formally or informally with the ultimate hope that the conversation will not have to be repeated again.

But, as we all know verbal warnings usually spiral into more progressive disciplinary measures including termination. This is when having a paper trail of all of those "verbal warnings" comes in handly. Employees quickly forget those talks. Both managers and employeed give fuzzy accounts of what the conversation entailed if they can even agree that the "verbal warnings" happened in the first place.

A good manager or business owner always makes that verbal warning talks concrete by documenting them. This doesn't actully make the offense a written warning. Those terms only describe the level of serverity and/or the level in the disciplinary system that the employee has reached.

This also does not have to be a laborsome process. If your organization does not have a form to record verbal warnings, simply create your own or compose an email and send to the employee.

 All you really need to include is the employee's name, the date and time of the conversation, the location, and of course the counselling manager's name. Then summerize what the employee warned of, future consequences and any response that the employee may have offered.

 If you choose to record on paper, make sure to give a copy to the employee. They don't need to sign it, but you will want to note that they received a copy of the summary. Then immediately file a copy in the employee's human resources file.



Have a human resources, training, or management question you'd like answered? Email the question to us at connect@evolutionhr.co.

Avoid these common FLSA violations

Most small business owners are familiar with the basics of the Fair Labor Standards Act. During a recent workshop I facilitated on FLSA, when asked to share what they knew about the law, the majority of the group responded, “minimum wage”. While the FLSA does require that employees be paid the minimum wage, there is much more to the law.

Violations of the FLSA carry significant penalties. Considering the Department of Labor is cracking down on employers that fail to comply with the law; now is a good time to brush up on the requirements. The Department of Labor recently shared a list of the more frequent violations it encounters during investigations.

Some common FLSA violations include:

•  Meal-break violations. In order for meal breaks to be unpaid the time must be uninterrupted. If the employee is required to work the entire meal period must be paid. For example if an employee eats lunch at their desk and continues to perform work, like answer the phone or respond to emails, the meal break is interrupted and would be paid time.

• Improper rounding of hours worked. The FLSA allows for rounding of hours as long at it has a neutral impact on the employee. In other words, the rounding must not result in the employee being paid less. So if an employee works 20.23 hours, the time could be rounded to 20.25 hours, not 20.20 hours.

• Off-the-clock work. Non-exempt employees must be paid for all time worked. This includes time for required meeting and training activities.

• Travel time. Employees that travel during the course of their work should be paid for time spent traveling. For example, a cleaning crew that travels to clean buildings on their assigned route must be paid for the travel time between locations.

• Employees vs. independent contractors. There are specific guidelines established that define employees and independent contractors.

• Misclassification of  exempt and non-exempt employees. Non-exempt employees are required to be paid overtime, while exempt employees are not. If an employer decides to have exempt workers, specific exemption tests must be met.

 Is your company making any of these common mistakes? Take action today to resolve any compliance issues. Need help? Contact us today at connect@evolutionhr.co .

Changes to Flexible Spending Accounts coming January 2011

As part of the health care reform law enacted in March 2010, provisions of the Flexible Spending Accounts (FSAs) will change effective January 2011. The changes will affect the types of expenses that reimbursable through FSA and HSA (healthcare savings accounts).

The change

Currently, over the counter drugs are reimbursable FSA and HSA expenses. Effective January 1^st, 2011, over the counter drugs and medicines will only be covered if purchased with a doctor’s prescription.

Some over the counter purchases will not be impacted. Purchases of over the counter insulin, bandages, medical devices, crutches, diagnostic test and eye glasses or contact lenses, will still be reimbursable.

Keep those receipts

Employees will need to hang onto specific documentation for reimbursement of purchases of over the counter drugs with a doctor’s prescription. Employees should be accustomed to retaining receipts, however in addition, they will need to retain:

§        A copy of the prescription (for the over-the-counter drug/medicine)

§        Information regarding the date and amount of the sale (i.e the receipt)

Required employee education

Open enrollment for 2011 will need to include educating employees on the changes to FSA and HSA benefits. Employees must be notified of the changes prior to making benefit elections for the 2011 benefit year.

While these changes are may seem significant, a study conducted by Hewitt & Associates finds that only 7% of all FSA purchases are for over the counter drugs or medications.  Effective and early communication will be instrumental in promoting employee awareness and understanding of the new FSA and HSA rules.

Have additional questions or need assistance preparing for the FSA and HSA changes? Contact EvolutionHR today. We’re glad to help!

www.evolutionhr.co or connect@evolutionhr.co

Is your business prepared for cold and flu season?

After a long, scorching summer the beginning of fall is a welcome end to one-hundred degree temperatures. But along with the promise of cooler weather, fall marks the beginning of cold and flu season.

Cold & Flu season for small businesses can mean increased absences due to employee or dependent illness. Having a plan to minimize sick days and encourage employee wellness is a smart move.

The good news is that it’s not difficult either. Simply creating awareness and encouraging employees to make healthy decisions can go a long way to keep employees healthy and at work. Even better we have  put together an easy plan that you can use today.

The Cold & Flu Season Plan 

Part I: Keep Employees Healthy 

• Offer or encourage employees to get the flu shot. The Centers for Disease Control (CDC) recommends that employers either provide voluntary on site flu shots or encourage employees to get the flu shot. Most insurance plans cover the flu shot (check your plan for details), but even if your company does not offer health insurance, the flu shot can be obtained at clinics, grocery stores and pharmacies. Publix, CVS and Walgreens all offer low cost flu shots. Visit their websites for more details.

• Get the right supplies. Stock up on alcohol based hand sanitizers, tissues, soap, paper towels, and sanitizing wipes, and disinfectant spray. Make these supplies readily available to employees and encourage their use.

• Promote good general hygiene. Keeping hands and work environment clean can minimize the spread of germs that cause colds and flu. Some good practices include:
• Washing hands regularly.
• Wiping shared surfaces such as door knobs, telephones, handles and keyboards with sanitizing wipes.
• Sneezing into tissues or paper towels and throwing the soiled paper in the trash immediately.
• Avoid touching eyes and nose.
• Use alcohol based hand sanitizers between hand washing.

•  Instruct sick employees to stay home. The CDC recommends that people infected with a cold or flu should avoid contact with others until they are free from fever for a 24 hour period.

 Part II: Awareness 

• Spread the word: Educate employees on ways to stay healthy during cold and flu season and what to do if they become sick. Use posters, flyers (we’ve provided you with plenty) company intranets, newsletters and bulletin boards to communicate the message throughout cold and flu season.

• Share the word: Encourage employees to implement stay health behaviors in their homes and to teach their children. 

Part III: Illness Contingency Plan

• Cross train employees. Develop a plan to train employees on multiple functions. In the event an employee has to miss work, another employee can fill in.

• Connect with a temporary staffing agency. Temporary staffing agencies are great resources during cold and flu season. A good agency has a database of quality candidates that are ready to report to an assignment at on short notice. 

• Utilize your part-time workforce. Assigning additional hours to willing part-time workers is an ideal way to add flexibility for scheduling demands. Part-time workers can easily fill-in for ill employees on days or hours they are not scheduled to work. Talk to your part-time workers now and identify those that are interested and the days they are available for additional work.

By planning before cold and flu season gets into full swing, you will not only keep your employees healthy, but ensure that your business can function smoothly through the unexpected. 

When Violence Strikes at Work

When workplace violence hits the headlines, its every HR professional’s and business owner’s worst night mare. This week in Connecticut, during a workplace murder suicide, 9 employees lost their lives. In light of this tragedy, many employers are wondering what can be done to prevent or reduce the likelihood that a similar incident will not occur at there business.

It’s not often that workplace violence makes the news, but incidents of workplace violence still occur even if they don’t catch the attention of major media outlets. According to Bureau of Labor Statics, workplace homicide is the fourth leading cause of fatal occupational injury in the United States. Additionally in 2005, the last year the survey was completed, there were 564 workplace homicides. With numbers like these, it’s understandable why businesses are concerned.

While there is no way to completely eliminate the risk of workplace violence, there are some practical measures that organizations can take to reduce the risk.

Implement pre-employment screenings appropriate for your organization. At a minimum screenings should include a criminal background check including local and nationwide traces. Other screenings may also be considered based on the type of business and the work the potential candidate will perform.

Take action to secure the building. Contracting or employing unarmed security guards can lend a feeling of security for employees and also help to diffuse possibly violent situations. Security should always be alert or nearby during terminations and disciplinary meetings. Security guards can also make rounds around the building and walk employees to their cars when it is requested. Other options to consider include security cameras and monitored alarm systems.  

Require employee id badges and limit access to the building. Require employees to prominently wear company issued picture id badges while on company property. The building can also be secured by requiring an employee id badge to enter the building. Id badges can also be used to restrict access to certain areas of the building (i.e. Human Resources department), to a limited number of employees.

Effectively manage site visitors. Direct visitors to a central location, ideally to the security station, to log there name, purpose of visit, employee they are meeting, time of visit and later time of departure. Provide visitors with a name badge that should be worn prominently, which identifies them as a visitor. Visitors should also be escorted by security or an employee at all times during their visit.

Encourage employees to report workplace safety concerns. Employees can provide valuable information regarding threats to workplace safety. These concerns are not only limited to observations from co-workers. If an employee is being stalked or has been threatened by a significant other, this information should be reported. The employer can then respond appropriately to assist the employee in remaining safe while at work. Complaints should be kept confidential and free from retaliation.

There are many preventative steps businesses can take to reduce the chances of workplace violence occurring in their organization. The key is to remain dedicated to promoting a safe environment for employees, clients and customers.

Does your organization have a workplace violence policy? A critical step to prevention is having a policy and to address the issue of violence at work. DocSourceNow, your premier destination for HR forms, policies, procedures and training, has a comprehensive workplace violence policy ready for download. Visit our website today!

Breaking Up is Hard

Remember your first breakup as a kid? It was probably awkward and nerve wrecking and came along with sweaty palms and rambling thoughts. Even if the person had the breakup coming to them, it still didn't make it any easier.  Fast forward to a later breakup and I'd bet you dollars to donuts that the reasons for the breakup became more sophisticated but the execution is probably still as awkward as an adolescent with acne and a squeaky voice. Having to deliver news that has the power to crush someone emotionally or on the flip side cause them to erupt into a fit of anger should be be hard to do and a bit frightening.

Terminating an employee is no easier than a breakup. Its still a relationship. It still involves emotions, but unlike puppy love breakups, there are some serious consequences from an employment breakup. Two words, "You're fired", can cause a domino effect of disastrous events for the person on the receiving end. As most people don't work for the sheer enjoyment of it, taking away the paycheck means the rent doesn't get paid, little Johnny can't get braces and cable gets disconnected. Especially in this economy, there are not very many jobs in the sea. 

The employer doesn't get off the hook without consequence either. While no one really has power to control how and why you breakup with that boyfriend or girlfriend in the sixth grade, the EEOC has its nose in why an employer terminates an employee. Of course, you're thinking of the Employment at Will doctrine right now. That's fine and good as long the termination is not for an illegal reason and I'll add that you can prove. If the EEOC doesn't agree with you, it could have very well been cheaper to keep the employee on board.

But there is no need to remain in a employment relationship afflicted with irreconcilable differences in avoidance of confronting an uncomfortable conversation. Firing someone will hopefully never be the highlight of your job, but it can be a done in such a way that allows the employee to maintain their dignity and nix your sweaty palms.

Emotional outbursts happen when employees are caught off guard. Understandably an employee is more likely to erupt into an emotional display if this is the first time they were made aware of a performance or behavior problem. No on likes being blind sided. There area certain exceptions when coaching is just not appropriate such as cases of workplace violence or other no tolerance situations, but even still company policies should directly address these offences and be communicated to employees.  

The good news is keeping your employees informed of their performance and behavior issues is not difficult. Before approving a termination action, insist that your managers demonstrate and provide documentation that the employee has been coached and counselled in the area of the deficiency. One-on-ones are excellent methods to discuss performance on a regular basis and disciplinary notices should be used appropriately to document insufficient performance after coaching has proved ineffective.

Timing is everything. This is also true as it relates to terminating employees. Once the decision has been made to terminate an employee, take the action immediately. Terminating an employee thirty minutes before the end of their shift on a Friday usually don't bode well with employees. Terminating an employee on Christmas Eve, is asking for an emotional and I'll just say unpleasant reaction. While there is not a perfect time, there are better times. Terminating an employee during the lunch hour is an alternative as the work area will be less populated and the employee will not have put in a full day of work to be fired at the eight hour mark.

Once a time has been selected, choosing a place to have the meeting is critical. Some places are better than others. The break room may not be the best option. A private conference room or office with a door are great options. Its also smart to not do the meeting alone. Terminations can be highly litigious, this is no time for employer said, employee said. In addition to a human resources representative, the employee's immediate supervisor should also be present.

Plan to keep the meeting short, no longer than fifteen minutes. Coaching managers prior to the meeting will help keep the meeting on track and focused on the behavior not the employee. This is not a time for discussion, it is a time to stick to the facts. Keep in mind that this news will be overwhelming to the employee. Present the employee with a copy of the final disciplinary notice and supporting documentation to review at a later time  once the shock wears off. NOTE: Always consult your legal council before releasing any documentation to employees, especially in the context of a termination. 

Always end the meeting in a way that preserves the employee's dignity. Have tissues available in event the employee needs them. Offer to mail the employee their personal belongings to prevent returning to their work area and running into employees. Regardless of the employee's reaction, maintain your composure and treat the employee respectfully and professionally.

Finally, remember that as a human resources professional, its not your role to hire or fire anyone. Just like your mother or father didn't break up with your sixth grade crush on your behalf, neither should you fire an employee on a manager's behalf. But like we all have to learn how to deal with dissolution  of relationships, so do managers. Consider this experience as an essential component of the manager's development. Put on your consultant hat and coach the manager through the process, provide advice and guidance. You will be present during the termination meeting to pull up if the meeting starts to head south. 

No termination will be a walk in the park, but being prepared can the process respectful and less nerve wrecking for all involved.