2010 Nov Dec Print

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    Jim Devine, President & [email protected]

    PRESIDENT'S MESSAGE

    Highlights of this Issue

    Not Conducting BackgroundChecks? Let the Buyer BewareFailing to look beyond resumes is costing employers plenty

    Employer InsightsDownloadPrintablePDF!

    November/December 2010

    continued

    Not Conducting Background Checks?"Let the Buyer Beware"

    2011 FSA Rule Changes:Potential Impact

    FMLA: Timing Can Be Everything

    AAP Pointer: Armative ActionRecordkeeping Q&A

    Warning Signs of Excessive Stress at Work

    Safe or Sorry - OSHA IncreasesPenalties and Introduces

    "Severe Violator Enforcement Program"

    Environmental andSafety Compliance Deadlines

    Lessons from the LEGALINE

    November Workshops

    December Workshops

    Click here for a completelist of board members

    Click here for a completelist of sta members

    While many think of the workplace as a haven from thequestionable behavior found elsewhere in society, statistics indicateotherwise. Losses due to employee theft in the U.S. are staggering,totaling over $240 billion a year when accounting for losses due tointellectual property theft. This makes theft by employees two to three

    times more costly than the combined total of all of the nations TypeI index crimes (i.e., crimes that make up metropolitan area crime ratestatistics).

    Workplace fraud and employee crime has never been more prevalentthan it is today. Whether this dynamic has been driven by a downeconomy or by better means of detecting and catching wrongdoers ishard to say. However, the statistics are pretty alarming. According tothe Association of Certied Fraud Examiners (ACFE) frauds perpetratedagainst small businesses continue to cost more on average than thoseagainst larger rms. The ACFEs 2010 Global Fraud study entitled, Reportto the Nations on Occupational Fraud and Abuse, found the median

    loss caused by occupational fraud in 2008 was $160,000, with nearly 25percent of all fraud cases involving losses of at least $1 million. In manycases, the criminal activities lasted an average of 18 months beforeeven being detected. Our readers dont have to look very far to nd anemployer that has recently fallen victim to an employee fraud scheme.In December there were headlines and news reports of embezzlementof over $5 million by an employee of LaSalle University. A long-serviceemployee was charged with the crime.

    Other examples o employee crimes: Bookkeeper accused of misappropriating money for a total of$6 million.

    Employee made out more than 100 checks to herself, spendingthousands of dollars on dog clothing, doll collections, and jewelry. Thecompanys losses forced it to lay o 20 employees.

    Patient coordinator charged with embezzling $99,245 from her formersurgeon-employers oce. She told police she also stole $3,153 fromher next employer, a dental clinic.

    There are hundreds and thousands of cases just like these everyyear, and the ACFE study found that businesses with fewer than 100employees suered the greatest percentage of employee theft. One

    Health Care Reorm

    & Renewal StrategyRoundtable

    Monday,November 22, 2010

    9:00 10:30 a.m.

    If you are interested indiscussing renewal strategiesand the impact of health carereform with your peers, then

    you wont want to miss thisopportunity.

    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

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    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    Not Conducting Background Checks? Let the Buyer Beware (continued)reason small businesses are particularly good targets is that they tend to have far fewer anti-theftcontrols than larger organizations, which makes them particularly vulnerable. The nancial impact ofcriminal activity to businesses, when coupled with the indirect costs of higher levels of stress, increasedabsenteeism, higher turnover, raised insurance premiums, increased litigation and lower morale, makesworkplace crime a problem for businesses of all sizes. This can be overwhelming for some companies,particularly smaller businesses. According to the U.S. Chamber of Commerce, employee crime is a factorin approximately 30 percent of all business failures.

    The rise in workplace-related criminal activity is undoubtedly tied to the absolute explosion of consumeridentity theft and fraud complaints. According to the Federal Trade Commissions February 2010 report,consumer complaints have increased over 500 percent since 2000. There were over 1.3 million identitytheft and fraud complaints in 2009 as compared to approximately 230,000 in the year 2000.

    Identity theft, a major source of these complaints, is tracked separately by the FTC and cost U.S.consumers more than $1.3 billion last year. New Jersey, Delaware and Pennsylvania rank twelfth,thirteenth and fourteenth in the nation, respectively, in the number of identity theft complaints led in2009. Of all identity theft complaints led in these states, between 8 and 11 percent are employment-related. Break that down by the rankings, and then by the percentage of employment-related claims,and although the actual math may be a bit complicated, its not dicult to conclude that identity theftalone costs employers a bundle of money.

    Whether its identity or other theft at issue, know that there may be common criminals and people whoare out to take your employees information and your companys property lurking among your pool ofcandidates. Could one of your next applicants be such a criminal? Is it possible you have hired someonerecently who has a history of criminal or fraudulent behavior? How would you know if you looked onlyto a candidates resume and their interview responses as the source of your information? According toForbes magazine, lying on a resume is one of the most frequent lies people tell. Even the most honest ofpeople have fallen into the trap of stretching the truth to get the job. As a result of ever-increasing falseresume information, human resource professionals spend more time than ever before deciphering truthsand lies on resumes and applications. For employers, it is a huge risk to hire an unqualied person, and apotential danger to their workforce to hire someone with a criminal past.

    The potentially devastating risks associated with employee crime are recognized by many of our

    members, who I think would agree that the days when an employer could count on an interview anda handshake as the norm are long gone. The smartest thing hiring professionals can do in qualifyingcandidates is to perform thorough due diligence. Criminal background and reference checking byemployers is becoming more and more commonplace today. Through more cost-eective and reliabletechnology candidate background information is becoming a more well-known and sought-aftercommodity to hiring managers. In the past 7 years MEA has conducted thousands of backgroundinvestigations for hundreds of our members. Our preferred provider VerifyProtect.com has an evenlonger track record of successfully partnering with businesses to screen candidates. Through their cost-eective, comprehensive screening process, utilizing the latest technology combined with a high-touch,personal approach our members have the opportunity to deploy a best-practices approach and mitigatetheir hiring risks. For more information visit VerifyProtect.coms website atwww.verifyprotect.com orcontact Melissa Scheiler at 888-219-4945 Ext. 500, or via e-mail [email protected].

    MEA now provides additional security to our members for workplace-related liabilities. Whether you aresubject to fraud, embezzlement or other employment-related liability such as suits for discrimination orharassment, Employment Practices Liability Insurance may be a cost-eective way for you to protectyour company against crimes and claims from your current workforce. For more information visitBenecial Insurance Services website atwww.thebenecial.com/insuranceor contact Greg Scottat 610-848-7314, or via e-mail [email protected].

    There are legal and other issues involved in running background checks, most of which are tied to up-frontdisclosure to candidates as required by the Fair Credit Reporting Act. So its best to seek advice before enlistingthe services of a background check provider.

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    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    Welcome to the MEA FamilyChildren Central Child Care/Learning Center Langhorne, PA Child Care/Preschool

    Food Export USA Northeast Philadelphia, PA Non-prot trade association that promotes the export of food andagricultural products

    American Inrastructure Worcester, PA Construction - general contractor in site development & heavy civil

    Ivystone Group LLC Exton, PA Manufacturer's rep in gift & home industry

    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    Membership

    MEA On the Move

    Clara Console, MEA Vice Presidentand Susan Zoll, MEA MarketingManager attended the SADV/CICsemi-annual joint meeting at the

    Marriott West Conshohockenon December 25th. Clara was apanelist discussing Challenges inCommunication in the ConstructionIndustry.

    MEA will host the Society ofAmerican Registered Architects(SARA) meeting on November 10that our King of Prussia Training Center.

    Mike Trachtman, MEA GeneralCounsel, will present LegislativeLandmines: What EmployersShould Expect from the ObamaAdministration.

    Marian Ward, MEA Senior Trainin& Development Consultant andClara Console, MEA Vice Presidewill present Managing the Genera

    Gap on November 7th at the NatioStudent Education Conference of tClub Managers Association to over100 college students interested in tcountry club industry.

    Member Legal Update

    December 13, 2010 3pm-4:30pm

    Receive the latest inormation and the best tactics to help you survive and prosper in thesedifcult times. Come and get inormation on a variety o topics, such as:

    The new and burdensome workplace laws to expect ater Congress nisheshealth care reorm and how to get ready or them

    Avoiding the potential liabilities that can arise rom layos

    Organized labors accelerated unionization eorts, the Employee FreeChoice Act, and what you should be doing about it now

    Recent court decision how workplace issues are being decided How to protect your key employees and business assets in a down

    economy

    Click here to register

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    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    Membership

    1. Get Answers, Information and Guidance: Need some guidance with atermination or discipline situation? Have a question about the COBRA PremiumSubsidy, FMLA eligibility or the Ledbetter Fair Pay Act? Call our experienced

    HR professionals on the HR Employers Hotline at 800-662-6238 for

    timely assistance with your daily challenges. HOTLINE is answered by KathyMuscarella, SPHR, Director of Member Support.

    2. Be Safe: Whether or not you have a current relationship with an attorney, theMEA Legaline is your best option for a rst impression on legal matters. You paynothing over and above your dues for advice that can be handled via a phoneconversation. For more complex matters, MEA members receive a 20% discount onhourly rates. Call 888-MEA-LEGL for legal advice on virtually any issue that arises inyour business whether it's related to employment or commercial law. Our partnerlaw rm is Powell, Trachtman, Logan, Carrle & Lombardo (located in King of Prussia, PA). For more information about theLEGALINE, call Kathy Muscarella, SPHR, Director of Member Support via the Hotline 800-662-6238.

    3. Protect Your Employees/Oer them Health Insurance: MEAs Employee Benets Services are directed at helping

    our members deal with changing benet needs and ever-changing benets environments. MEAs experiencedprofessionals will nd products and services to suit your needs. Our exceptional customer service approach is whatdierentiates MEA from other providers. We will also keep you informed about any legislation changes that arepending. Call Janie Oehlert, Director of Health Care & Workplace Solutions at 610-994-7635.

    4. Need to Hire? Work with our Stang/Recruitment Deskexperts to nd the best candidate for the position and atan incredibly reasonable rate. Our members have hired exceptional employees with this service. Call Janie Oehlertat 610-994-7635.

    5. Stay Current and Informed: Our monthly e-newsletter, Workplace Advisor, keeps you up to speed, and in

    compliance with all the latest developments in legislation and human resources that aect your workplace. Receivetimely news and practical ideas in Employer Insights, our bimonthly electronic newsletter.

    6. Train All Levels of Your Organization : Train your executives, managers, supervisors and employees in leadership,communication, team building, performance management, Juggling Multiple Priorities and much more with our

    training workshops either at our King of Prussia training center, or onsite at your company. We also oer an extensiveschedule of HR/Compliance briengs and training programs to give you the expertise needed to get the job doneright. Call our Director of Training & Workforce Development, Carol-Anne Minski, at 610-994-7633.

    7. Stay Competitive: Benchmark your compensation package against your industry and the labor market using ourcomprehensive Wage and Salary Surveys. Evaluate your benets package against the marketplace using our

    Policies, Practices & Benets Survey. Call Susan Zoll, Marketing Manager, at 610-994-7639.

    8. Network: Learn from and network with your peers at any of our quarterly Roundtable meetings and any of our

    events. Call Carol Kelly, Training Coordinator, 610-994-7628.

    For any questions related to MEA Membership, and/or to refer others to join MEA,

    please contact Clara Console, Vice President, at 610-994-7624 or [email protected]

    Eight Ways to Get the Most rom Your MEA Membership

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    Employee Benefts

    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    EAP Corner

    To learn more about implementing an EAP at your company, please contact the MEA Employee BenetsServices Department at 800-662-6238 or send an e-mail to [email protected].

    I know that domestic violence happens and that signs and symptoms can show up at work.

    How should supervisors respond, and should we take our cues for how to respond from theemployees assurances that everything is all right, not that bad, or its all over now?

    Q.

    Domestic abuse is a very serious problem that is not fully understood by co-workers or supervisors. Itcan quickly spill into the workplace and jeopardize employees lives. There is no way for a manager tojudge how serious a domestic violence situation is once it is discovered. Do not judge such incidentsas not that bad or over and done with based upon the employee-victims report. Victims typicallyminimize their plight to prevent management attention and co-worker involvement. Supervisors mayreadily accept a victims assurances that there is nothing to worry about. When domestic violence issuspected, contact the EAP to discuss possible steps you should take, how to approach the employee,and what type of referral to consider. A formal referral based upon the impact of the discovery on the

    work environment is appropriate. It is a serious misstep to think that a supervisor referral will makethings worse, is a punitive step that blames the employee, or is no longer needed because things haveblown over.

    A.

    Cost: $50 MEA Members; $75 Non-Members

    Round Two: Health Care Reorm & Renewal Strategy Roundtable

    If you have questions regarding this roundtable, please dont hesitate to contact me directly at 610-994-7635 [email protected]. Im looking forward to seeing you!

    In response to member feedback from Round One of the Health Care Reform briengs, we will be holding aroundtable to discuss the following:

    Impact of coverage to age 26, grandfathering and other provisions

    Health insurance renewal impact for 4th Qtr 2010 & 1st Qtr 2011

    Plan design and underwriting changes by local carriers

    Strategies for managing renewal increases

    Sorting through all the information separating fact from ction

    If you are interested indiscussing renewal strategiesand the impact of health carereform with your peers, thenyou wont want to miss thisopportunity.

    Monday, November 22, 2010, 9:00 10:30 a.m. MEA King of Prussia Training Center^

    Click here to register

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    Human Resource Services

    The IRS recently released Notice 2010-59 clarifying the limitation imposed by health care reform on theeligibility of over-the-counter (OTC) drugs for reimbursement from health FSAs, HRAs and HSAs . The newlaw requires that, beginning January 1, 2011, OTC drugs except insulin must be prescribed by a physicianin order to qualify for reimbursement.

    While the complete impact of this provision is currently unknown, one eect is apparentif you utilize debit cards for yourFSA plan, your employees will need to use paper transactions to get reimbursed after December 31, 2010 for OTC drugs thatare prescribed. The IRS has determined that the current debit card systems are not capable of substantiating compliance.Employers will need to check with their TPA to determine the process for substantiating OTC prescriptions on and afterJanuary 1, 2011.

    Other issues can only be determined as time goes on, such as:

    Will doctors be willing to take the time to write prescriptions forOTC medications, such as aspirin, allergy medication, heartburnremedies, etc.?

    Will health care costs increase due to consumers scheduling moredoctors appointments to obtain OTC prescriptions?

    Will consumers request true prescription-only medications insteadof OTC drugs so they dont have to deal with paper claims?

    Will some consumers stop seeing value in an FSA plan due to themore cumbersome requirements?

    For Your Beneft:

    Dont forgetfederal law requires employers to send out a Notice of Creditable (or Non-Creditable)Coverage to all Medicare Part D-eligible individuals who are covered by the group health plan withprescription drug coverage. The notice must be mailed annually, prior to November 15, 2010. In thesame timeframe, employers are required to complete an electronic disclosure to Medicare indicating

    whether the group prescription drug coverage is creditable or non-creditable. For guidance andsample forms, go to http://www.cms.hhs.gov/CreditableCoverage.

    As more information becomes available, well provide it to our members. In the meantime, if you have any questions abouthealth care reform or your employee benets plans, please call Janie Oehlert, MEAs Director, Health Care & WorkplaceSolutions at 610-994-7635.

    Based on various conversations with our MEA member companies, many of them struggle every year to sell employees onthe benets of an FSA. That selling may have just gotten tougher.

    2011 FSA Rule Changes: Potential ImpactBy Janie Oehlert, Director, Health Care & Workplace Solutions

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    Human Resource Services

    FMLA: Timing Can Be Everything

    NOTE: This case is from the 6th Circuit Court of Appeals. The 6th Circuit includes Michigan, Ohio,Kentucky and Tennessee. The case only has precedential value in those states, although it can becited as an example in other states. A court in Pennsylvania, for example, is not required to followthis decision.

    A recent United States Court of Appeals Sixth Circuit decision is a stark reminder thateven when an employer thinks it is doing everything right for FMLA, that may not bethe case.

    Plainti/employee Deborah Branham brought suit under FMLA against her employer,The Dickson Herald, after being terminated for excessive absenteeism from her job asreceptionist. Following are the facts of the dispute discussed by the court:

    Employee was rst employed as a receptionist from November 21, 2003 toJanuary 15, 2004 and was terminated from her position for excessive absenteeism.

    Employee was rehired as a receptionist on July 26, 2005, and was terminated onNovember 24, 2006 for failure to follow the company attendance policy

    Employee testied that she was absent from her employment on November 7thand 8th, 2006 because her son was ill. She called her supervisor on the 7th ande-mailed her on the 8th.

    On November 9th the employee left a voice mail message for her supervisor stating that she was sick andwould be absent. On November 10th Plainti again left a message for her supervisor that she was sick andwould be absent.

    On November 13th employee's husband left a message for her supervisor that employee was sick and thathe would be taking her to the doctor. On that day, the employee was examined by Dr. Singer at the DicksonFamily Medical Group. According to the employee, she told Dr. Singer that she was suering from migraineheadaches, menstrual problems, depression, insomnia, and a stomach virus. Dr. Singer found the employee'sexam to be normal and expected her to return to full work duty on November 14th. Employee testied that

    she talked with her supervisor later that day and told her that Dr. Singer had released her to come to work thefollowing day.

    Employee testied that she also told her supervisor that she wasn't feeling well, and would need to be absentto attend other doctors' appointments during November and December. Employee further testied that hersupervisor told her to come in to the oce and sign a form for short-term disability leave.

    According to the employee, her supervisor also told her she could do some work from home or after hours tohelp with the month-end close-out.

    The next day, November 14th, the employee did not report to work. She did come into work late at night tocomplete some paperwork and ll out a medical certication form.

    Employee did not report to work on November 15th and 16th, but claims to have worked from home onpostal reports and subscription issues.

    The supervisor testied in her deposition that she faxed the medical certication form to Dr. Singer's oceon November 15th, and due to a malfunction with Dr. Singer's fax machine, had to fax the form again onNovember 16th.

    On November 17th, the employee did not report to work during regular oce hours, but states that sheworked after hours. That same day, according to her supervisor, Dr. Singer's oce faxed the completed medicalcertication form back. Through that form, Dr. Singer indicated that employee's condition commencedon November 10th, and that she could perform her full duty as of November 14th, and did not requireintermittent leave.

    continued

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    Human Resource Services

    On November 20th, the employee did not report to work or call in to explain her absence. The supervisor advisedthe employee that her job would be in jeopardy unless she could produce other medical documents conrmingher need to be o. The employee told her supervisor that the wrong doctor lled out the certication form,and stated that Dr. Koster Peters, her primary care physician at the Dickson Family Medical Group, could provideclarication if the employer faxed the certication form to him.

    On November 21st, the employee did not report to work; she testied that she spoke with the VP of HR that day,and the VP expressed her concern that it was taking the employee so long to return a medical certication formto support her absences. Also, on November 21st, her supervisor attempted to fax the certication form to Dr.Peters, as requested by the employee, but had problems with the fax machine. Consequently, it was decided thatsomeone from the oce would take the certication form completed by Dr. Singer to the physicians' oce thenext day and speak with the doctors in person.

    On November 22nd, the employee did not report to work. That same day, the form completed by Dr. Singer, aswell as a blank certication form, was taken to the oces of Dr. Singer and Dr. Peters at the Dickson Family MedicalGroup. The physicians' oce was told there was a question about the accuracy of the form completed by Dr.Singer, and asked if the doctor would review the form for accuracy, and explained that a blank form was availableif the completed form was inaccurate. When it was suggested that Dr. Peters review the form, the employee at the

    physicians oce said that Dr. Peters would not ll out the form because he was not the doctor who had actuallyseen the employee. When the employee returned from speaking with Dr. Singer, she said that the doctor hadlooked at the certication form, that it was accurate, and that she did not wish to make any changes.

    The next day, November 23rd, was Thanksgiving Day, and the employers oces were closed.

    On November 24th, the employee did not report to work and the employer decided to terminate heremployment. An attempt was made to contact the employee by phone, however, she did not answer.

    On November 27th, the employee did not report to work. On that same day, the termination letter was draftedand sent. The termination letter was dated November 24th, the day the termination decision was made, andstates that the employee's termination was based on her failure to follow company attendance policy by beingabsent from work since Dr. Singer released her to work on November 14th.

    On November 28th, the employee did not report to work. The termination letter was mailed at 9:44 a.m. on thatsame day. The employee testied that she spoke on the telephone with the VP of HR, who told her that she hadbeen terminated.

    After 6:00 p.m. that evening, the employer received a faxed certication form signed by a nurse practitioner,Cheryl Seefeldt, who worked in that same practice as Dr. Singer and Dr. Peters. Ms. Seefeldt's certicationcontradicted the certication of Dr. Singer with respect to the duration of the employee's incapacity. According toNurse Seefeldt, the employee's illness began on May 6th and was expected to prevent her from returning to workuntil January 1, 2007. However, the employee admits that Dr. Singer was the only health care provider to examineher between November 7, 2006 and November 24, 2006.

    Based on these facts, the district court granted summary judgment and held that the employer was within its rightsto terminate the employee when it received the negative certication from the doctor.

    However, the Sixth Circuit Court of Appeals concluded that the district court erred and determined that theemployer never properly requested certication or informed the employee of the consequences of failing toprovide the certication. Further, the employer did not give the employee the required 15 days to provide medicalcertication. The Appeals Court determined that the employee met her notication requirement on November 13thwhen she asked about taking leave, because she still wasnt feeling well and had numerous doctors appointmentsscheduled for November and December. The Appeals Court also determined that the employer didnt requestmedical certication until November 13th when they asked the Plainti to come into the oce to sign a short-termdisability form. Because they decided to terminate her on November 24th, they acted prior to the 15 days required.To read the full text of the decision, go to http://caselaw.ndlaw.com/us-6th-circuit/1537043.html.

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    Human Resource Services

    Hotline Q & A - MEA Hotline: (800) 662-6238

    Q We have several independent contractorsworking for us through various companies. Ithas come to our attention that a few of theseemployees may not be eligible to work in theU.S., however, we do not have I-9s on le forthese employees as we thought the contractedcompany would have this. Is it our responsibilityor the responsibility of the contracted company toensure the I-9s are completed?

    A Although the contractor is responsible for completing I9's, theemployer is ultimately responsible. It is important to reviewyour contract with these agencies to identify the specics of

    who is identifying employment eligibility. As the employeryou can ask for verication that the contractors are eligible to work in the U.S. For example, if you contractwith a construction company to perform renovations on your building, you do not have to complete FormsI-9 for that companys employees. The construction company is responsible for completing Forms I-9 for itsown employees, however, you must not knowingly use contract labor to circumvent the law against hiringunauthorized aliens.

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    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-

    Human Resource Services

    Armative Action Recordkeeping Q&A

    AAP PointerAAP Pointer

    MEA receives many questions on recordkeeping, especially related to tracking applicants. It is extremely important to

    maintain good documentation and to be able to recreate the selection procedures in preparation for a potential audit.Here we have answered many of the common questions we receive. MEA is here to assist you with your AAP needs. Ifyou have questions or need assistance in your Armative Action Plan development, please contact Milissa Ronayne at610-994-7638 or [email protected].

    1. Do you have a recommended list of disposition codes used to track applicant status for employers?Disposition codes should be tailored to t the selection process specic to your organization (which can vary per jobtitle). Here are some examples:

    Position closed/cancelled Not minimally qualied Not most/best qualied No interest, withdrew application

    Declined job oer Failed drug test/no show for drug test

    Failed skills test Failed references Background check/felony conviction No show to interview or no show to work

    Hired

    2. What records do you suggest we retain for exploratory interviews, for example when acandidate isn'tbeing considered for a specic position, yet? The same information should be retained for exploratory interviews.Companies should retain information that will allow them to recreate the selection procedure (e.g., interview).

    3. If we accept both paper and electronic resumes, which OFCCP denition of applicant would apply to us?As long as you accept both paper and electronic applicants for a particular position you can apply the Internetapplicant denition. If you have any positions where you only accept paper applicants, then the old denition applies(i.e., anyone who expresses interest is considered an applicant).

    4. Is everyone who applies for a position that meets the qualications considered an applicant?If you are using the Internet applicant denition, then a job seeker must meet all four (4) criteria in order to beconsidered an applicant for the purposes of your Armative Action reports.

    1. The individual submits an expression of interest in employment through the Internet or related electronicdata technologies.

    2. The contractor considers the individual for employment in a particular position.

    3. The individuals expression of interest indicates that the individual possesses the basic qualications for theposition.

    4. The individual at no point in the contractors selection process prior to receiving an oer of employment from the

    contractor, removes himself or herself from further consideration or otherwise indicates that he or she is nolonger interested in the position.

    5. If an applicant selects "do not wish to disclose information" in the applicant self identication process,should we change the information once they are hired? Yes, information on hired candidates should be reconciledagainst their applicant record. This includes gender, race, and job title.

    continued

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    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    AAP Pointer (continued)AAP Pointer (continued)

    Human Resource Services

    6. Our company only wants to accept resumes via our Applicant Tracking System (ATS). How do we go aboutthis? Is the easiest way to create a policy stating how we accept applicants?Yes, you need to ensure your company has a consistent policy and procedure of only accepting applicants via your

    ATS. If you only accept applicants via your ATS, your company needs to ensure accommodations for individuals withdisabilities are addressed appropriately. This could include, but is not limited to, ensuring the ATS is friendly to assistivetechnology, or providing kiosks for individuals who cannot access the ATS.

    7. Wouldn't candidates who do not respond to phone calls or e-mails be considered applicants until they havewithdrawn? If, for example, as part of the application process you have basic qualications, resume collectionand an online assessment. Are these individuals considered applicants until you are unable to contact them,and must be considered up until that point in the process? Applicants remain in any stage they completed whenconducting a step-analysis, however, if they withdraw themselves from the process prior to receiving an oer, they willnot be in your overall Applicants vs. Hires analysis for your Armative Action Plan(s).

    8. You accepted applicants in Nov/Dec 2009 and applicants in Jan/Feb 2010, and hired in March 2010. Do you

    include those applicants in the 2009 Plan with a note about hiring in 2010? Or does all of the applicant activityremain in 2010?Applicants are recorded in the year in which the position was lled. In this example, the applicantswho applied in 2009 and 2010 should be recorded in the 2010 plan because that is the year the hire was made (March2010). Also, only include applicants pool tied to a job requisition that closed before making a hire then those applicantsDO NOT need to be included in your submittal as the position was not lled.

    9. Are contractors required to accept ALL expressions of interest submitted through the Internet/relatedelectronic technologies? Or, is it okay to specify that applications will only be accepted through Monster, forexample? Is it okay to not accept faxes, for example? The procedure to apply for a particular position should bespecied ahead of time. One of the procedures could be to apply through Monster. However, all procedures must beconsistently applied and consideration must be taken in regards to reasonable accommodations.

    10. What if an applicant identies his or her race but not gender or visa versa? The applicant will be counted inyour analysis for race but not for gender. The record should remain in your applicant ow log if they met the denitionof an Internet applicant.

    11. When an applicant does not respond to our outreach, is there a timeframe for making two attempts tocontact the applicant? For instance, should the two attempts occur on two dierent days? The two attemptprotocol is an OFCCP interpretation of the regulations. Our suggestion is to make a good faith eort on two separateoccasions/days and document each attempt.

    12. Can you require a prospective applicant to provide the race and gender information in order to beconsidered an applicant? According to OFCCPs FAQ: A contractor's invitation to an employee or applicant toself-identify his or her gender, race, and ethnicity should indicate to individuals that supplying such information isvoluntary. http://www.dol.gov/ofccp/regs/compliance/faqs/emprfaqs.htm#Q10.

    13. If an applicant does not self-identify his/her race and gender at the time of ling an application, what areour obligations to seek and obtain the race and gender identiers. Contractors must make a good faith eort tosolicit race/gender information from all applicants. While there may not be a regulation requiring multiple attempts toobtain this information, it can be a point of interest for OFCCP during an audit. The percentage or number of overallunknowns for race and gender has been a point brought up during recent audits; however, there does not appear tobe a distinct threshold (e.g. 80%) to identify a concern.

    continued

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    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    Human Resource Services

    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-

    Dont be at risk: Inaccurate or incomplete AAPs can result in the termination of governmentcontracts already in eect and may disqualify you from future government contractopportunities. Additionally, the OFCCP can pursue costly back pay claims in compensation, hiring,

    promotion, and termination.

    Our sta can help you develop an accurate, defensible AAP, interpret results and goalrequirements, and provide ongoing support should your plan be selected for audit.

    We do more than just prepare your planMEA will also make recommendations on how toimprove your HR and recordkeeping processes as they relate to armative action complianceand day-to-day technical AAP requirements.

    Background ScreeningTest Your Knowledge TRUE or FALSE

    1. An applicants signed release is only needed if an employer is running a credit check.

    FALSEUnder the Fair Credit Reporting Act (FCRA), the employer is required to have each employee signa disclosure form granting authorization to perform a background check. This requirement is notrestricted to credit reports but includes all consumer reports."

    2. An employer may be liable for the actions of a new employee if the employer does not perform abackground check.

    TRUEThe employer may be liable because background screening can serve as a deterrent toworkplace violence. By performing a background screen the employer may become aware ofthe individuals violent tendencies and take appropriate steps to prevent workplace violence.

    Thus, performing background checks can protect against employer liability for the actions of itsemployees.

    ITINs are not valid identication outside the tax system. ITINs are strictly for federalincome tax processing and should not be oered or accepted as identication for non-tax purposes.

    3. An employer can use an Individual Tax ID number in lieu of a Social Security number, for someone who isnta U.S. citizen.

    FALSE

    Does developing your Armative Action Plan seemintimidating and overwhelming? Has your plan been

    overlooked or worse, prepared improperly?

    I you are not sure i your company is required to have an annual Afrmative Action Plan, your current plan is not up-to-

    date or you know your plan year is around the corner, MEA is here to assist you.

    Schedule your plan today: Contact MEA today to assist you with all of your armative action needs. MEA provides ecient,professional and cost eective services. In most instances, we can prepare your AAP for you in less time and for less money than your

    organization can do it.

    Contact Milissa Ronayne at 610-994-7638 or [email protected]

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    Training & Development

    Warning Signs o Excessive Stress at WorkBy Carol-Anne Minski, MEA Director, Training & Workorce Development

    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    When people feel overwhelmed, they lose condence and become irritable or withdrawn, makingthem less productive and eective and their work less rewarding. If the warning signs of work stressgo unattended, they can lead to bigger problems. Beyond interfering with job performance andsatisfaction, chronic or intense stress can also lead to physical and emotional health problems.

    In this dicult economy, you may nd it harder than ever to cope with challenges on the job. Both the stress wetake with us when we go to work and the stress that awaits us on the job are on the rise and employers, managers,and workers all feel the added pressure. While some stress is a normal part of life, excessive stress interferes with yourproductivity and reduces your physical and emotional health, so its important to nd ways to keep it under control.

    Signs and symptoms of excessive job and workplace stress

    Feeling anxious, irritable, or depressed

    Apathy, loss of interest in work.

    Problems sleeping

    Fatigue,

    Trouble concentrating

    Muscle tension headaches

    Stomach problems

    Social withdrawal

    Using alcohol or drugs to cope

    Whats stress got do with it?

    Everything!

    If you are worried about morale and poor productivity in these times of financial uncertainty, you

    can make a valuable investment in your employees by offering coping skills to improve performance

    If interested, we can also customize your own series of mini workshops.

    To schedule or for more information, contact Carol-Anne Minski, MEA Director, Training

    & Workforce Development at 800-662-6238 or [email protected].

    Choose a morning coffee break or lunch hour to offer

    one of our mini, one-hour workshops:

    Stress Buster Strategies

    Juggling Multiple Priorities

    Doing More With Less

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    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    Training & Development

    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    Tips o the Trade:

    You Can Learn How to Manage Job StressThere are a variety of steps you can take to reduce both your overall stress levels and the stress you nd onthe job and in the workplace. These include:

    Taking responsibility for improving your physical and emotional well-being.

    Avoiding pitfalls by identifying knee jerk habits and negative attitudes that add to the stress youexperience at work.

    Learning better communication skills to ease and improve your relationships with management and co-workers.

    Register Online

    OSHA 30 Hour General Industry

    4-day Workshop:

    This 4-day course is ideal for supervisors and managers with safety and

    health responsibilities and for employee safety and health awareness.

    Students will be introduced to OSHA policies, procedures and standardsas well as general industry safety and health principles covered in OSHA

    Act Part 1910. This course will include hands-on activities as well as

    group discussion. Upon successful completion of the course,

    participants will receive a course completion card from OSHA.

    8:30am to 4:30pm MEA King of Prussia Training Center^

    Fee: Member - $995/Non-Member - $1295

    -Monday, December 6

    -Monday, December 13

    -Wednesday, December 15

    -Monday, December 20

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    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGLMEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    From Beyond the Region

    Sae or SorryOSHA Increases Penalties andIntroduces "Severe Violator Enorcement Program"

    provided by MRA - The Management Association, Inc

    Costs could increase signicantly for employers who violate the Occupational Safety and Health Act.OSHA has reworked its penalty formula to increase average serious penalties (OSHAs garden-variety

    sanction) by three- to fourfold and to increase the chances of employers incurring repeated violationsand still greater penalties. In addition, it has introduced a Severe Violator Enforcement Program (SVEP)to focus sanctions on employers that have demonstrated indierence to their occupational safety andhealth obligations through willful, repeated or failure-to-abate violations.

    Severe Violator Enforcement Program

    Certain types of violations are eligible for SVEP treatment:

    A fatality or catastrophe inspection in which OSHA nds one or more willful or repeated violations or failures-to-abate basedon a serious violation related to three or more hospitalizations or the death of an employee.

    An inspection in which OSHA nds two or more willful or repeated violations or failures-to-abate (or any combination ofthese), based on high-gravity serious violations related to a high-emphasis hazard. A high-emphasis hazard is dened asa high-gravity serious violation of specic standards related to fall hazards, amputation hazards, combustible dust hazards,silica hazards, lead hazards, excavation/trenching hazards, shipbreaking hazards, and petroleum renery hazards. Fall hazardalone are identied in 23 OSHA standards across all industries.

    An inspection in which OSHA nds three or more willful or repeated violations or failures-to-abate (or any combination ofthese), based on high-gravity serious violations related to highly hazardous chemicals, as dened in OSHAs process safetymanagement (PSM) standard.

    All egregious enforcement actions, often characterized by the issuance of instance-by-instance citations and penalties.

    A violation that meets the criteria for an SVEP case is likely to result in targeted follow-up inspections of the worksite, as well asinspections of the companys related worksites (extending possibly to corporate parents, subsidiaries, and divisions). In addition, thcompany will be the object of increased adverse publicity through OSHA press releases. OSHA will raise company awareness ofOSHAs enforcement action by notifying top corporate executives. Finally, the company will be subject to more onerous settlemenprovisions, including corporate-wide agreements and contempt citations for future violations.

    Administrative Enhancements to OSHAs Penalty Policies

    OSHAs head administrator recently issued a memo to regional administrators stating the Agencys penalties are too low to have aadequate deterrent eect and encouraging them to enhance OSHAs penalties. Dr. Michaels Memorandum to the administratorsrevises OSHAs penalty calculations currently outlined in its Field Operations Manual (FOM) to provide for:

    Expanding the look-back period for considering whether a violation may be considered repeated (thereby incurring higherproposed penalties) from three years to ve.

    Increasing penalties by 10 percent for employers that have been cited for any high-gravity serious, willful, repeat, or failure-to-abate violations within the previous ve years.

    Increasing the minimum proposed penalty for a serious violation to $500.

    Reformulating penalty calculations to raise the gravity based penalty (OSHAs starting gure) approximately 50 percent,while reducing the applicability and eect-ameliorating factors (size, good faith, and OSHA history) to result in substantiallyhigher proposed penalties overall. It is anticipated that the average penalty for a serious violation will increase fromapproximately $1,000 to an average of $3,000 to $4,000.

    * * *

    These changes to OSHAs enforcement policies are signicant. Now, more than ever, employers must evaluate their safetyand health programs and deal with safety and health issues at the workplace before OSHA inspections, citations andpenalties result.

    MEA is a member of the Employer Associations of America (EAA), an association whose core purpose is to collectively advance thesuccess of the employers we serve by providing a dynamic forum for collaboration, leadership, and knowledge through a powerfunational alliance. Being part of the EAA allows MEA to share relevant articles from our sister associations with our members.

    SAFEor

    sorry

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    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGLMEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    Workplace Whiteboard

    Environmental and Saety Compliance Deadlines

    acilities subject to the Oil Spillrevention requirements at 40 CFR Part12 must have prepared and implementedpill Prevention Control and Countermeasurelans at their facilities, and complete facilitypgrades required to comply with thetandard. 40 CFR 112.3(a)(1)

    January 2* January 10*

    NESHAP 40 CFR 63, Subpart BBBBBBGasoline Distribution Bulk TerminalsBulk Plants, and Pipeline Facilities (ASources): Existing aected sources mustcomply with the standards no later thanJanuary 10, 2011. 40 CFR 63.11083.

    *Indicates item is new for 2011.

    NESHAP 40 CFR 63, Subpart ZZZZZ Iron and Steel Foundries (Area Sources):Existing aected sources must comply withthe standards no later than January 10, 2011.40 CFR 63.11083.

    *Indicates the date has changed from last year.

    December 26

    NESHAP 40 CFR 63, Subpart SSSSSS Glass Manufacturing Area Sources: Forn existing aected area source, submit a

    Notication of Compliance Status within 60days of a performance test, but no later thanDecember 26, 2010, unless an extension isgranted by EPA. 40 CFR 63.11450.

    November 20

    January 10*

    NESHAP 40 CFR 63, Subpart CCCCCC Gasoline Dispensing Facilities (AreaSources): Existing aected sources mustcomply with the standards no later thanJanuary 10, 2011 by submitting a Notice ofCompliance. 40 CFR 63.11113.

    ADA Discrimination Suits

    ADA Charges

    Disability discrimination cases reached a record high of 21,451 in scalyear 2009 in the 20-year history of The Americans with Disabilities Act

    10% increase from previous year 2008

    Increase in disability discrimination cases may be due to ADAAAbroadening the meaning of disability

    30000

    20000

    10000

    0

    99 00 01 02 03 04 05 06 07 08 09

    Year

    Cases

    http://www.eeoc.gov/statistics/enforcement/ada-charges.cfm

    Annual EEOC Report to Congress

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    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    Lessons rom the LEGALINE

    Learning From the Experiences o Other MEA MembersBy Michael G. Trachtman, Business Attorney and MEA General Counsel

    continued

    One of the fundamental benets of MEA membership is theability of MEA members to learn from each other. To further that

    purpose, set forth below are some of the Legaline questionsthat have been raised by MEA members and the advice we haveprovided. In some cases the facts have been changed to keep condential the identitiesof the callers.

    If, based on your own education or experience, you have any observations or insightsto add on these topics, please contact me at [email protected] appropriate, Ill share them in future columns.

    LEGALINE QUESTION: What can you do if you suspect that an employee is abusingthe right to take FMLA leave? Many employers nd themselves in situations where they believe an employee has exaggeratedthe seriousness of a medical condition in order to justify a few days o from workand if one gets away with it, others usuallyfollow. Do you have to accept an employees statement that hes suering from a serious health condition that triggers FMLA

    leave? Do you have any right to challenge the doctors note an employee presents?ANSWER: Employers have substantial rights and an arsenal of techniques they can use in these situations.For instance, using a DOL form that the DOL has recently expanded for the benet of employers, employers can require doctorsto provide very detailed and specic information and corroboration respecting an employees need to take leave. You candownload the form at http://www.dol.gov/regs/compliance/whd/fmla/wh380.pdf.

    An HR representative (not the employees supervisor) also has the right to contact the employees medical provider directly todiscuss and obtain information about the employees medical situation. You can ask about the employees condition on thespecic days taken o. You can provide a copy of the employees job description or otherwise state the employees duties andask for a specic opinion about the employees ability to perform those duties and so on.

    If you doubt the objectivity of the doctor, or the doctor wont cooperate and provide the information you are entitled to, theresalso a procedure by which you can arrange for an independent medical certication by another doctor.

    You can request recertication of the employees condition every six months, and if you have a reasonable basis to doubt anemployees explanation, every thirty days.

    A lot of the pertinent information explaining your right to corroborate an employees claims about an FMLA-qualifying medicalcondition is laid out by the DOL on its website. See http://www.dol.gov/whd/FMLA2007Report/Chapter6.pdfYou can also arrange for surveillance of the employee. Courts have upheld the termination of employees who claim thatthey cannot work or have to care for a seriously ill relative but are then observed engaging in activities that reect that theymisrepresented their situations.

    Much of this can be a bit hyper technical. Let us know if we can help.

    LEGALINE QUESTION: Weve been asked about whether employers can lawfully obtain background checks on applicants andemployees, and what can be done with the information obtained. Its an interesting, and developing, issue.

    ANSWER: Employers can obtain background checks on applicants and employees so long as they are done in a mannerthat complies with law. MEA has forged an alliance with a company that knows what to do and how to do it. Call us for moreinformation.

    But suppose the background check reveals information that extends beyond the verication of past employment history andsimilar data? Can you use that information? If so, for what purposes can the information be used?

    This is an area of law that does not make sense to many employers, and it requires some special care. For instance, supposeyou do a background check on an applicant, and you nd out that she had some prior health problems that caused her to missa substantial amount of work time at her previous job. You send what seems like a common sense e-mail to management: Isuggest we not hire this applicant. Her prior medical history reveals certain conditions that may lead to excessive absenteeism.

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    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    Lessons rom the LEGALINE

    Youve just laid the groundwork for a potential ADA claim. Based on what may be a disability, youve discriminated against anapplicant because you suspect, based solely on prior events and without knowing her current condition, that she wont be ableto do the job.

    Or suppose the background check reveals a sketchy credit history or a ten year old DUI or simple assault conviction. Again,using what seems like good business judgment, you send an e-mail to the executives in charge of making nal hiringdecisions: This applicant shows some prior instances of bad judgment. He got into credit trouble in the past, and has a prior

    misdemeanor. I think we should stay away.

    The EEOC takes the position that when credit and criminal background checks are broadly used to screen out applicants andemployees from hiring or advancement, minorities can be disproportionately aected. Therefore, says the EEOC, this type ofinformation can only be used by employers if it is predictive of or directly pertinent to job performance.

    For instance, if a credit check documents that an applicant cannot responsibly handle money then, perhaps, that might bepertinent when assessing the applicants qualications for a job that requires nancial management. But, by way of illustration, itwould not be pertinent to a job involving production management or programming.

    In matters concerning prior criminal oenses, the EEOC looks at three things when it judges the reasonableness of anemployers decision: (1) the nature and gravity of the oense(s), (2) the time that has passed since the conviction and/orcompletion of the sentence, and (3) the nature of the job held or sought. There are obvious examples: a recently convictedembezzler who seeks a job that entails access to a companys funds. But would an embezzlement conviction automatically

    disqualify an applicant from a maintenance supervisor job?

    In addition to the EEOC, various states have statutes that regulate employer conduct in this context, and this area of law is rifewith ever-expanding mineelds. When in doubt, get some advice.

    Many companies tell us that the Legaline has been their lifeline. Let us know if we can help you.

    MEA members may call the MEA Legaline in respect to any legal issue that aects their businesses. MEA members who call theLegaline are entitled to a free consultation of up to one-half hour with an attorney from the Powell Trachtman Logan Carrle& Lombardo, P.C. law rm, during which members are provided with information, but not legal advice. No attorney-clientrelationship is formed by this consultation. Approximately 75% of all Legaline callers require no further assistance in additionto the information they receive during the Legaline call. However, if a members Legaline question cannot be adequatelyanswered during this consultation, the member may, if it chooses, retain an attorney from Powell Trachtman to provide legalservices at a specially-discounted MEA billing rate of 20% below Powell Trachtmans usual charges for the services required.More information on Powell Trachtman is available at www.powelltrachtman.com.

    Michael G. Trachtman is the President of Powell Trachtman Logan Carrle &

    Lombardo, P.C., a 30+ attorney regional law rm based in King of Prussia

    that focuses on the representation of privately held companies

    (www.powelltrachtman.com). He has represented businesses of all types

    in a variety of employment, litigation and business planning matters,

    and serves as general counsel for MEA. Recognized as a PhiladelphiaSuperlawyer, Mr. Trachtman has appeared on more than 50 radio and

    television programs across the country, and is the author of numerous

    books, including What Every Executive Better Know About the Law, The Supremes Greatest Hits The

    37 Supreme Court Cases That Most Directly Aect Your Life, and the forthcoming The Four Mistakes

    Avoiding the Legal Landmines That Lead to Business Disaster. He can be reached by email at

    [email protected], or by telephone at 610-354-9700.

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    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    Surveys & Publications

    2011 Employers Guide to Employee RelationsLaws and Regulations

    Three states (PA, NJ & DE)plus federal laws and

    regulations in one guide

    Federal 7-in-1; Pennsylvania 7-in-1

    Meets minimum posting requirements.Avoids cluttered bulletin boards.

    1-10 - Federal-PA Member: $12 ea.;Non-Member: $17 ea.; S/H: $10

    11-24 - Federal-PA Member: $10 ea.;Non-Member: $14 ea.; S/H: $10

    25-50 - Federal-PA Member: $9 ea.;Non-Member: $12 ea.; S/H: $10

    50+ - Federal-PA Member: $8 ea.;Non-Member: $10 ea.; S/H: $10

    POSTERSGUIDES

    REGIONALAdministrative and ce SupportMember: $295; Non-Member: $585

    Engineering c, Technical and ITMember: $295; Non-Member: $585

    Supervisory and Management

    Member: $295; Non-Member: $585

    tsMember: $210; Non-Member: $510

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    Production, Maintenance & ServiceMember: $295; Non-Member: $585

    SURVEY REPORTS

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    National Sales Compensation and PracticesMember: $235; Non-Member: $445

    National IT and EngineeringMember: $325; Non-Member: $640

    Survey prices quoted are for pdf format. For a printed copy, there is an additional charge plus shippingand handling. For additional information, please contact Kay Dutton, MEA Data Specialist

    Click to order

    at 610-994-7627 or email [email protected].

    Member: $100;Non-Member: $135,S/H: $10

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    rl ocated at 234Mall Blvd,Suite 200,

    King ofP russia, PA19406

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    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    Surveys & Publications

    Essential Compensation Tools from MEA

    Dont build your budget without them.

    2010 Compensation and Benefits Survey ReportsThese resources help you compare individual pay rates

    to the regions small- and mid-sized benchmarks. Avoidunder- or over-paying and advance internal equity.

    Target your comparisons with these four reports:

    Administrative & Office Support

    Engineering, Scientific, Technical & IT

    Production, Maintenance & Service

    Supervisory & Management

    2011 MEA Salary Planning GuideThis source for salary- and wage-related informationprovides insight into planned percentage increases. Itincludes:

    Summaries of 2010 awards and thoseexpected for 2011

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    Click hereto orderonline

    Survey reports (order more, save more):

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    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    November At-A-Glance

    Computer Skills

    NEW!

    Learn More/Register OnlineTuesday, November 16 9am-4pm MEA King of Prussia Training Center^

    Excel 2007 - Level 2webinarOR

    NEW! Learn More/Register OnlineTuesday, November 30 9am-4pm MEA King of Prussia Training Center^Excel 2007 - Level 3

    webinarOR

    NEW!

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    Word 2007 - Level 2webinarOR

    Learn More/Register OnlineFriday, November 19 9am-4pm MEA King of Prussia Training Center^

    Excel 2003 - Level 2webinarOR

    Professional Roundtables

    Learn More/Register OnlineTuesday, November 16 8:30am-11am MEA King of Prussia Training Center^

    Environmental, Health & Safety

    Personal/Professional Development

    Learn More/Register OnlineThursday, November 18 9am-12pm MEA King of Prussia Training Center^Stress Management: How to Make It Work FOR You

    Learn More/Register OnlineTuesday, November 23 9am-4pm MEA King of Prussia Training Center^

    Successful Communication*+

    Communication & Interpersonal Skills

    Learn More/Register OnlineThursday, November 18 9am-1pm MEA King of Prussia Training Center^

    Basics of Compensation*

    Learn More/Register OnlineTuesday, November 30 9am-1pm MEA King of Prussia Training Center^

    COBRA Administration Workshop*+

    Human Resources

    Leadership, Supervision & Management

    Learn More/Register OnlineWednesday, November 17 9am-4pm MEA King of Prussia Training Center^Leadership Skills for Todays Workplace*+

    Learn More/Register OnlineFriday, November 12 9am-4pm MEA King of Prussia Training Center^Managing People through Motivation*+

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    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGLMEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    November At-A-Glance (continued)

    800-662-6238 www.MEAinfo.orgThe Atrium, 234 Mall Boulevard, Ste. 200, King of Prussia, PA 19406

    ^MEA King of Prussia Training Center is located at 234 Mall Blvd, Ste. 200, King of Prussia, PA 19406 - Click here for directions

    ^^Atrium II Executive Suites is located at 3000 Atrium Way, Mt. Laurel, NJ 08054-3911 - Click here for directions

    In accordance with the standards of the National Registry of CPE Sponsors, CPE credits have been granted for this program

    based on a 50-minute hour.+

    This program has been approved for recertification credit hours toward PHR and SPHR recertification through the Human

    Resource Certification Institute (HRCI).*

    MEA is an Accredited Provider for Pennsylvania Continuing Legal Education (CLE). Look for this icon

    to identify seminars that have been approved by the Pennsylvania CLE Board for Substantive CLE credits.

    MEA is approved by the Pennsylvania Department of Education as a provider for Act 48 activity hours.

    Specific courses listed in this catalog have been approved. One hour of instruction is equal to one activity hour.

    Print Calendar Format

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    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    December At-A-Glance

    Learn More/Register OnlineFriday, December 17 9am-1pm MEA King of Prussia Training Center^

    Professional Telephone Skills

    Customer Service

    Learn More/Register OnlineThursday, December 2 1pm-3pm MEA King of Prussia Training Center^

    Adult, Child and Infant CPR with AED

    Learn More/Register OnlineFriday, December 10 1pm-4pm MEA King of Prussia Training Center^

    Safety Committee: Implementation & Continuation*

    Learn More/Register OnlineFriday, December 10 9am-12pm MEA King of Prussia Training Center^

    Workers Compensation - Nuts & Bolts*

    Learn More/Register OnlineThursday, December 2 9am-12pm MEA King of Prussia Training Center^

    First Aid & Bloodborne Pathogen Training for Emergency Responders

    Health, Safety & Environmental

    Computer Skills

    Learn More/Register OnlineFriday, December 3 9am-4pm MEA King of Prussia Training Center^

    Excel 2003 - Level 3webinarOR

    Learn More/Register OnlineTuesday, December 7 9am-4pm MEA King of Prussia Training Center^

    Word 2007 - Level 3webinarOR

    Learn More/Register OnlineWednesday, December 22 9am-1pm MEA King of Prussia Training Center^

    Handling Difficult People*

    Learn More/Register OnlineTuesday, December 14 9am-4pm MEA King of Prussia Training Center^Business Writing with Emphasis on Emails

    Learn More/Register OnlineWednesday & Thursday, December 8 & 9 9am-4pm MEA King of Prussia Training Center^

    Public Speaking: Powerful Presentation Skills (2 days)

    Communication & Interpersonal Skills

    Employment Law

    Learn More/Register Online

    Wednseday, December 8 9am-12pm MEA King of Prussia Training Center^

    Hostile Work Environment and Harassment Claims: What TheyAre and How to Prevent Them...Before Its Too Late*N

    EW!

    Learn More/Register OnlineThursday, December 16 9am-4pm MEA King of Prussia Training Center^

    Basics of Federal Employment Laws*+

    Human Resources

    Learn More/Register OnlineWednesday, December 1 9am-4pm MEA King of Prussia Training Center^

    HR Professional as a Business Partner*NEW

    !

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    MEA Employer Insights - November/December Issue - www.MEAinfo.org - 800.662.6238 - [email protected] MEA Legaline - 1-888-MEA-LEGL

    December At-A-Glance (continued)

    Professional Roundtables

    Learn More/Register OnlineThursday, December 2 11am-1:30pm MEA King of Prussia Training Center^

    HR & Benefits - NJ

    Learn More/Register OnlineFriday, December 10 8:30am-11am MEA King of Prussia Training Center^

    HR & Benefits - Friday

    Learn More/Register OnlineTuesday, December 7 8:30am-11am MEA King of Prussia Training Center^

    HR & Benefits - Tuesday

    Personal/Professional Development

    Learn More/Register OnlineTuesday, December 7 9am-1pm Atrium - Mount Laurel, NJ^^

    Juggling Multiple Priorities+

    Learn More/Register OnlineThursday, December 2 9am-4pm MEA King of Prussia Training Center^

    Time Power Workshop

    Training Management and Development

    Learn More/Register OnlineWednesday, December 22 9am-4pm MEA King of Prussia Training Center^

    Train-the-Trainer

    Leadership, Supervision & Management

    Learn More/Register Online

    Tuesday, December 21 9am-1pm MEA King of Prussia Training Center^

    From On-boarding to Off-boarding:How to Effectively Manage The Employment Process*

    Learn More/Register OnlineTuesday, December 14 9am-4pm MEA King of Prussia Training Center^Teambuilding Skills*+

    Learn More/Register OnlineFriday, December 17 9am-12pm MEA King of Prussia Training Center^Understanding Your Impact as Leader using DiSC Theory*+

    Learn More/Register OnlineWednesday, December 1 9am-4pm MEA King of Prussia Training Center^Supervision Basics*+

    Learn More/Register OnlineTuesday, December 21 9am-4pm MEA King of Prussia Training Center^Coaching Skills for Managers and Supervisors*+

    Learn More/Register OnlineFriday, December 3 9am-1pm MEA King of Prussia Training Center^Conflict Management*

    Learn More/Register OnlineWednesday, December 8 9am-4pm Atrium - Mt. Laurel, NJ^^Managing People through Motivation*+

    Learn More/Register OnlineTuesday, December 7 9am-11am MEA King of Prussia Training Center^

    HR Practices for Non HR Managers: What You Need to KnowNEW

    !

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    December At-A-Glance (continued)

    ^MEA King of Prussia Training Center is located at 234 Mall Blvd, Ste. 200, King of Prussia, PA 19406 - Click here for directions

    ^^Atrium II Executive Suites is located at 3000 Atrium Way, Mt. Laurel, NJ 08054-3911 - Click here for directions

    In accordance with the standards of the National Registry of CPE Sponsors, CPE credits have been granted for this programbased on a 50-minute hour.

    +

    This program has been approved for recertification credit hours toward PHR and SPHR recertification through the Human

    Resource Certification Institute (HRCI).*

    MEA is an Accredited Provider for Pennsylvania Continuing Legal Education (CLE). Look for this icon

    to identify seminars that have been approved by the Pennsylvania CLE Board for Substantive CLE credits.

    MEA is approved by the Pennsylvania Department of Education as a provider for Act 48 activity hours.

    Specific courses listed in this catalog have been approved. One hour of instruction is equal to one activity hour.

    Print Calendar Format