How Your Most Connected Employees Can Help You Spread Good Health
Chapter 7 Human Resources. You and Your Employees Your employees are a reflection of you, your...
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Transcript of Chapter 7 Human Resources. You and Your Employees Your employees are a reflection of you, your...
You and Your Employees
Your employees are a reflection of you, your company and your values
Excellent personnel management begins with selecting the right people
Setting rules, expectations, and consequences is essential to providing a healthy work environment
Federal Laws
2 Agencies enforce Federal Workplace laws
US Department of LaborFair Labor Standard Act of 1958 (amended) Immigration Reform and Control ActFamily and Medical Leave ActNational Labor Relations Act (Wagner Act,Taft –
Hartley Act)Employee Polygraph Protection ActOccupational Safety and Health Act
Federal Laws
Equal Employment Opportunity ActAmericans with Disabilities ActCivil Rights Act (Title VII)Age Discrimination in Employment ActEqual Pay Act of 1963
U.S. Department of LaborFair Labor Standards Act of 1938
Minimum Wage Level Tipped, non tipped, Subminimum
Overtime WagesChild Labor Laws
Hour restrictions Equipment and jpb restrictions
Record Keeping Keep Records for 3 years
Overtime Exemptions Managerial vs. non Managerial
U.S. Department of Labor
Immingration Reform and Control Act of 1986
Restricts the hiring of illegal entrants into the United States
Using Form I -9, Employers must obtain written proof of identity and employment eligibility Within 3 days of employment Keep on file for audit purposes
Having a U.S. Citizen only policy for hiring – or “green card only” policy is illegal, unless specifically exempted.
U.S. Department of Labor
Family and Medical Leave ActMay take up to 12 weeks of unpaid leave per year forBirth of a childAdoption or Foster Care of a childCaregiving for a spouse, child or parent A Serious Health Condition
Does not apply to:Employees with less than one year of ServiceA part time employee with less than 1,250 hours per
yearCompanies with fewer than 50 employeesKey Man Provision
U.S. Department of Labor
National Labor Relations Act
Union Related
Prevents an employer from restraining employees from organizing and exercising collective bargaining rights
U.S. Department of LaborEmployee Polygraph Protection Act
Restricts the use of a polygraph except in certain defined cases (theft or screening employees with access to controlled substances)
The Occupational Safety and Health ActWorkplace SafetyMSDS (Material Safety and Data Sheets) on
ChemicalsRequires some companies to keep records of health
and safety related claimsPrevents discrimination against employees who file
illness and safety related claims
Equal Employment Opportunity Commission
Americans with Disabilities Act (ADA)
Prohibits discrimination against a qualified person with a disability (or HIV) who with or without reasonable accommodation, can perform the essential functions of a job
Most accommodations cost less than $50.00
Employers have the right to reject or fire applicants who pose a significant risk to health and safety
Americans with Disabilities Act
All employers with 15 or more employees must comply
Best Practices include:Accurate and updated job descriptions, including
physical tasksLimit questions on applications to job related
functionsDo not ask about disabilities, past health problems,
drug abuse, prescription drug use, hospitalizations or Workers Compensation Claims
Have a set interview format that is strictly job function related
Conduct all interviews in places that are accessible.
Equal Employment Opportunity Commission
Civil Rights Act of 1964 (Title VII)Prohibits discrimination on the basis of
Gender National Origin Skin Color Race
Also forbids sexual harassment
Sexual Harassment laws apply not only to management – but employees and customers as well.
Sexual HarassmentBest Practices
Adopt Clearly Defined PoliciesEstablish a reporting method and make sure
communicatedTrain and inform employees about what is
appropriate or not.Ensure that reported incidents are taken seriously
and promptly investigatedTake Immediate Corrective Action
Equal Employment Opportunity Commission
Age Discrimination in Employment ActCompanies that employ more than 20 cannot
discriminate against job applicants or workers over 40 years old
Equal Pay Act of 1963Equal wages must be paid for jobs that are
substantially the same in skill, effort and responsibility.
State Level Employment Laws
Workers Compensation
The State fund that covers on the job bodily injury or death while on the job
Employers pay into the fund based on industry, number of employees
Payments are usually made quarterly
Determining Staffing Levels
Have proper balance of permanent and part time employees
As a general rule, Labor should be between 20% – 30% of Sales
Computing Labor Costs –Not Just the paycheck
Labor Costs - Employer
Employers Share of Social Security
Federal and State Unemployment
Workers Compensation
Holiday, vacation and sick day benefits (if applicable)
Bonus and other compensation
Health Insurance paid by employer (Affordable Care Act)
These costs can add up to as much as 40% of total labor costs
Recruiting
The best recruitment sources are your own employees
Use caution – too many close employees – one persons problems become everyone’s
Use contacts - vendors, educational institutes
Keep records and applications submitted in response to advertising.
InterviewingSet up a system that is easy to follow and use it every
time – keep records
Before – Establish the company personality – communicate it.
During – Establish a cordial, not overly friendly atmosphere free from
interruptions Keep control of the interview Let the applicant do the talking Concentrate on what they are saying and deliver a deliberate
response
After Close with an explanation of status and next step Follow up with a communication on final status
Interviewing
Ask Job related and Legal questions – Do Not Ask About:
Age or date of birth
Country of origin
Maiden Name
Relatives names (unless applicant is a minor)
Past Residences
Religious Affiliation
Interviewing (Cont.)
Membership in organizations
Marital Status
Pregnancy or future child bearing plans
Age and number of children
Diseases or major illnesses
Credit Rating
Owns or rents home
Arrests not involving convictions
Native Language
No Photographs until after the applicant is hired
Interviewing – Proper QuestionsCan you meet specified work schedules?
Are you of legal age to perform work (i.e. Bartending)
Do you have reliable transportation
Educational or military experience as it relates to the job – but not Discharge Status
Professional Organizations
References
Like best about your last job
Long term plans
Strengths and weaknesses
Reference and Record Checks The more responsibility - the deeper the checks
Criminal RecordsDriving RecordsWorkers Compensation Records (some states make
public)Credit RecordsEducational RecordsPrevious Employers –
Typically, by this time you have provisionally hired the applicant pending the above checks – which they have given written authority for you to do
Employee or Independent Contractor? (W2 or 1099?)
The IRS has developed a series of questions –
Do you provide the person with detailed instructions?
Are their services vital to the company operations
Do you set the hours?
Does they work full time for the company?
Do you control the order and sequence of the work performed?
Do you furnish tools or equipment to the employee?
Payroll
Set clear wages and policies forRegular PayPremium PayOvertime PayTips
Record Hours – keep records for at least 7 years
Employee Benefits
Employee Meals and Breaks
Need to be defined and enforced
Vacation Pay
Sick Pay
Holiday Pay
Health Insurance – Affordable Care Act
Jury Duty
Orientation and Training
The First Day on the Job determines how well things will go.
Have an Orientation planMeet key employeesReview Hand Book, company policies, rules and
regulationsPay rates, employee reviews, etcAssign a “mentor” to train the new hireAssign Performance goals and review date (typically
30 -90 days)
Motivating Workers
Treat your staff as you would like to be treated
Show respect and compassion, but be firm
It is not a democracy
Don’t be afraid to get dirty
Reward high performers
Be fair in discipline
Discipline and Termination
Enforce your policies
Discipline normally follows a certain set of step –
Verbal Warning (documented date and time)
Written warning(s)
Suspension without pay
Termination
Terminating an employee
Two types of termination –
Voluntary – resignation
InvoluntaryDischarge only for proper, well documented reasonsConsult legal counselConduct exit interviewsTreat the employee with dignity If you feel endangered, have security or another
employee with you.
Employee Handbook
Cover all rules and regulations
Review and Update frequently
Go over in detail at orientation
Have employee sign that they have received a copy, understand the contents and have had an opportunity to ask questions.