There
are times in our lives when we take inventory.
Your life insurance agent will tell you to review
your insurance coverage whenever you have a life
changing event, such as marriage, a new baby,
new home, death, divorce etc. Your lawyer will
offer you similar advice possibly including prenuptial
agreements, partnership agreements, advanced directives,
wills, living trust documents, etc.
As
your Virtual Human Resource Director, I am asking
you to take inventory.(No, I don’t want a prenuptial
agreement, and it is a little early to talk about
divorce, since we’ve only just met)I would like
you to look over your business and be certain
that you are in compliance with laws that affect
your employees and hiring practices.
Too
busy? Picture this. A serious looking person arrives
in your business to provide you with a subpoena
for all your employee files, handbooks, OSHA records,
time cards, policy and procedures, and anything
else the lawyer is in the mood to request, not
to mention you and your employee’s valuable time
for lengthy depositions.
Still
too busy?
O.K.,
let’s review a few easy things. If you have more
than 1 employee, you must comply with the Federal
Labor laws outlined below. (Note that your
state may have more stringent requirements which
supercede Federal Law, such as minimum wage amounts.
Always check with your particular state for further
information.)
Fair
Labor Standards Act (FSLA) - This governs employment
status, child labor, minimum wage, overtime pay,
and record keeping requirements. Most people have
trouble with defining employment status (exempt
or non-exempt), overtime status, and sometimes
with child labor. Noncompliance penalties are
$1,000 per violation, and if found to be in violation
on overtime, back pay can be collected!
Immigration
Reform & Control Act (IRCA) - You must have
I-9 Forms completed on every employee. Noncompliance
penalties? Civil fines from $100 to $10,000 per
violation, back pay/front pay, and attorney’s
fees for discriminatory actions. Criminal penalties
for repeated violations.
Additional
Acts you must be aware of:
Employee Polygraph Protection Act 1988
Uniformed Services Employment & Re-employment
Rights Act of 1994
Employee Retirement Income Security Act (ERISA)
1974 (If the company offers benefits)
Uniform Guidelines of Employee Selection Procedures
1978
Federal Insurance Contribution’s Act of 1935
(FICA) (Social Security)
If
you have more than 14 employees, there a many
other Acts that need to be added to the above
list.
Now
that I have your attention..
Did
any of the above statements make you say "uh-oh",
or speed up your heart? For links to information
on each Act listed above, check out our HR
Issues Links.
In the meantime if you are interested in finding
out more, e-mail me at info@tgassociates.com
with your particular concern and I will reply
or send you more descriptive notes.
The
bottom line: TG & Associates wants to protect
YOUR BOTTOM and YOUR BOTTOM LINE.
Take a note from Nike, Just Do It!
(Extracted
from the notes and White Papers of the Society
for Human Resource Management)
Sometimes
stuff happens, and our employees just don’t work out.
Whether they are poor performers, poor attitudes, or
they have more serious problems, as managers, you have
the obligation to get rid of them. I know you hate it
and it’s one of the hardest tasks you may face, but
there are times when you have to use the "T"
word. Most owners/managers wait way too long to use
the"T" word, which only helps the employee
destroy our customer confidence, reputation, financial
position and usually morale. If it’s time for you to
consider Terminating an employee, review the following
checklist to assure compliance with employment laws
first:
Termination
Planning Checklist
If there is a written agreement of employment, is
the employee being fired according to its provisions?
Review the employee handbook or policy manual to make
sure there has been compliance with all procedures.
Is your disciplinary process properly documented?
Have you correctly cited the reason for termination?
Have you investigated the concern completely?
Evaluate the possibility of discrimination or wrongful
discharge.
Termination
Checklist
Terminations should be done in private.
It is always best to have two appropriate company
personnel present.
Be brief, factual, and not emotional.
Notes or minutes of the meeting should be added to
the file.
More
than half of American workers feel cheated by
their employers, a recent survey found.
According
to the survey by author Stephen Pollan, women
feel even more cheated than men, with 56% of women
employees saying they felt cheated in some way,
compared with 47% of the men who were asked.
Pollan
said the reasons workers feel cheated include:
not being paid wages comparable to others in their
industry; receiving inadequate vacation time,
receiving inadequate or no retirement savings;
and not being paid for overtime worked.
If I'm heading your way and you would
like to schedule your own presentation, team building
session or consulting, click here to check out my "On
The Road Fee Schedule." This schedule will
be in effect for all areas followed by **. You can also
call toll free 1-877-842-7762 or email debra@tgassociates.com
and I will send you my "On The Road Fee Schedule"
for your review. It's a great opportunity!
If
you have anything you would like discussed in The Communicator
or with Debra Thompson directly, feel free to contact
her via e-mail at debra@tgassociates.com
or call 520-751-8922.
The
Communicator is intended to provide accurate information
in regard to the subject matter covered. Advice received
from here should be with the understanding that TG &
Associates, LLC, is not engaged in rendering legal or
other equivalent professional services. If legal advice
or other professional assistance is required, the services
of a competent professional person should be sought.
TG & Associates, LLC, is not responsible for misrepresentation,
misinterpretation, or misuse of the data contained in
or derived from this system.
1999
Copyright - TG & Associates, LLC.
Bringing Systems & People Together for Profit
All rights reserved
TG & Associates provides
personalized consulting and hiring services and does not engage in rendering
legal advice nor develop benefit packages.
We deliver our services in accordance with our Code
of Ethics.
