In today’s litigious atmosphere, most employers do not provide other than dates worked and job title when asked for a reference for an employee. Some states give employers “qualified privilege” for references provided in good faith, allowing an employer to give information based on documented facts. Regardless whether your state provides immunity, employers must be careful not to make any statements that are false, have malicious intent, violate a non-disclosure agreement or includes confidential information.

In giving a reference, either as the employer or personal connection, take care to ensure that what you are saying is true, accurate and not misleading. If the reference information puts the candidate in a negative light, there is the risk that the employee will sue you for damages if he is denied the job. In some cases, the candidate could bring an action claiming discrimination or defamation.

Glowing references may put you in an unfavorable situation. When the new employer hires the candidate believing that he was a stellar employee for you, that employer can claim damages against you if you led them to believe that the candidate had talents and experience that are not real.

Whether or not your state gives immunity, only give factual information that is backed up with documentation. There is no obligation to give a reference that is more than employment dates and job title. But if you decide to give a reference, be sure that the procedure is written into a policy, advise persons seeking reference information that you can only give out basic information based on your company policy and be consistent with all reference requests.

Employers need to have a written policy which is distributed to all managers regarding how and what to say when asked for a reference. Employees Only can assist you in developing policies and procedures to keep you compliant. Just give our HR professionals a call at 248-276-0950.

As competition for jobs has become more intense, the issue of resume honesty and disclosure has become more prominent.  A recent article in USA Today estimates that nearly 35% of resumes contain untrue information about education, experience, or skills. (A, Bruzzese, USA Today, com, 3/1/2012)

Some exaggeration may be common, but some resumes are filled with blatant lies.  Applicants have been caught listing military combat experience when they have never left the U.S., created degrees that they did not earn or changed their alma mater to a more prestigious university to attract employers.  Some applicants have paid hackers to get into a university system to add their name to a graduating class.

What employers can do:

Employers cannot afford to be naive.   Here are some points that can help you find the truth.

• Ask the candidate probing questions.
• Watch for terms and labels that could bring doubt to the credentials.
• Listen for formal references to a university rather than a more common name used by graduates.
• Look carefully at the way job responsibilities are worded.  Some strong  verbs can give  the impression that the candidate knows more that he really does.
• Job titles and responsibilities can be easily inflated.  When they get on the job, the cloud created by bluffing clears and then you realize you have a bad hire.
• Ask situational questions.  You may be able to tell how a candidate reacts to the question or explains a situation whether he knows what he is talking about.
• Check references, background and job titles.
• Verify employment dates- they are often stretched.   Even though most employers will not give any more than job title and employment dates, many times even that information will give a clue that everything is not as it seems to be on paper.

What to do if you have a bad hire?  You can train or you can terminate.  Employees Only’s team of HR professionals can assist you in choosing the best path, screen candidates, verify background and credentials, and help you avoid this pitfall in the future.

Recruiters are now using social media tools to share profiles of candidates to others in the company who have a stake in filling a specific position.  Recruiters can share videos of interviews to allow other stakeholders to evaluate the candidate’s responses and judge suitability to hire.

Social recruiting is being integrated with applicant tracking systems in order to build candidate pools for current as well as future openings.  Today’s applicant tracking systems have evolved into systems which offer video interviewing, background checks, assessment testing and on boarding, as well as links to social media sites.

According to a SHRM survey conducted in June 2011, 56 percent of organizations are currently using social media to recruit job candidates.  This is in contrast to only 34 percent who used social media in 2008.

Based on this information, job seekers need to evaluate their job seeking strategy to include social media tools.  We will provide information on how to build your strategy to include social media in upcoming blogs.

(Excerpts from “Social Media’s Recruiting Powers Get a Boost,” HR Magazine, December 2011.)

Employers commonly grant 10-15 minute breaks to employees to provide a period to rest and refresh.  Although the Fair Labor Standards Act (FLSA) does not require employers to give these breaks, they suggest that these breaks are a good practice and can promote employee efficiency.  For hourly employees who are subject to minimum wage or overtime requirements, the US Department of Labor counts these rest breaks as payable work time.

But when these breaks begin to stretch to 20 minutes and more, employers may feel they have lost control.  The Dept. of Labor has taken the position that unauthorized break extensions need not be considered work time and can be unpaid.  (“Labor Letter,” Fisher & Phillips LLP, Feb. 2012)

To avoid compensating employees for extended breaks, communicate to your employees that:

• Authorized paid breaks may last only for a specific length of time
• It is against the rules to extend the break time
• Any extension of break time will not be paid and may be subject to disciplinary action.

Communicate this information through a written break policy, usually included in the employee handbook.  The policy should include:

• Designated length of time for the rest break (such as 10 minutes)
• If the break will be considered compensable (work time)
• The number of rest break periods allowed during the shift
• Notice that if the rest break is extended past the designated time, then the amount of extended time will be unpaid.
• Failure to adhere to the break policy will result in disciplinary action.

Many states have their own rules for break time, so check with your state Department of Labor to see if there are any regulations that supersede the FLSA requirements.  Break rules for lactating mothers must also be considered.  In general, bona fide meal breaks are generally not considered work time.

Employees Only helps employers develop policies and maintain compliance with FLSA standards and requirements.  Contact us today for information on how we can help.

Mario Apruzzese, founder and CEO of Employees Only, emphasized the importance of remote communication in a recent article by Ruth Hoffman: “Land a Dream Job with the Skills We Learned in Pre-School” (Office PRO, Jan/Feb 2012). Apruzzese is quoted as saying that the “inception of the remote office has highlighted the need for efficient communicators and employer and employees have to be more flexible than ever before.”

These working arrangements require both employee and employer to be more flexible and maintain a relationship of mutual trust between all parties.

Apruzzese stresses the importance of regular communication with other members of the team to ensure success. He said, “Ambiguity in communications may be the employer’s only view into an employee’s performance. It could be the death knell to a career if their communication skills are poor or haphazard. “

All levels of employees must have the ability to communicate well, both verbally and in writing, for the remote arrangement to be a success.

New standards for communicating the health and safety risks involved in handling chemicals and substances have been adopted by OSHA.  These changes are designed to protect American workers as well as align the United States with the Globally Harmonized System of Classification and Labeling of Chemicals being implemented throughout the world by countries including Canada, Europe, China, Australia and Japan.  Other U.S. agencies such as Dept. of Transportation have modified their classification and labeling criteria to ensure consistency with this new globally harmonized system.

The global Hazard Communication Standard is expected to enhance trade by making the U.S. system consistent with procedures and processes used around the world.  OSHA also expects that the new system will help prevent injuries and illnesses as well as save lives.  (OSHA Quick Takes, www.OSHA.gov, March 28, 2012).

Changes include:

• Chemicals now will be classified according to their health and physical hazards.  Chemical manufacturers will be required to determine the health and physical hazards of each chemical as well as the classification of the chemical mixtures before shipping.

• Labels must now include a signal word, pictogram, hazard statement and precautionary statement.  This is expected to enhance workers’ understanding of the potential hazards involved and create a safer workplace.

• Safety Data Sheets will be in a standardized format throughout the world which will provide consistency and assist in understanding.

• All workers must be trained on the new standards by December 1, 2013.

Details on the new Hazard Communication Standard, including implementation deadlines and a link to the Federal Register notice, can be found at www.osha.gov/dsg/hazcom/index.html.   

A job interview can be nerve-wracking and intimidating. The best way to ace the interview is to relax, be yourself, and don’t be afraid to talk. But make sure your talk stays on the subject, shows your expertise, and stays inline with the questions asked.

The job interview is not the place to make friends, expand your social circle, complain about previous employers, or confess your sins. Be comfortable with the interviewer, but don’t get too friendly.

Often during an interview, as the candidate becomes more comfortable, there is a  tendency to elaborate on subjects and give information that would be better off unsaid. If asked about why you are leaving a position, leave any sarcasm or negative remarks about your boss out of the response.  And it is unnecessary to mention that you plan to sue them as soon as you get a new job.

Employers are not allowed to ask you about your marital status, if you are pregnant, or about your sexual preferences. So take a clue from that—they can’t ask, so don’t bother telling. This is information that could sway them in making decisions about employing you—so that is why it is best they do not know.

Here are some tips for a successful interview:

• Review the job posting and match your skills and abilities to what they are looking for in a qualified candidate. During the interview, when possible, bring the conversation back to emphasizing these skills and abilities, and what you can offer the employer.
• Wear your superman suit. Choose an outfit for interviews which is business-appropriate, looks professional, and makes you feel like you can conquer the world.
• Map out the route, and even take a dry-run to make sure you don’t get lost.
• Arrive 20 minutes early, but don’t enter right away. Relax for a bit, then go into the office 5-10 minutes early. Arriving too early may give the interviewer the impression that you do not have consideration for his/her time and being late is a no-no.
• While you are in the parking lot, the hall and lobby, remember that your actions there are part of the interview. You don’t know who may be watching and getting a first impression.

Follow these tips, and don’t get too personal during the interview. Exposing your baggage may talk you out of a job. Keep to the point, on subject, and focus on what you have to offer.  You don’t want the interviewer to walk away thinking, “Way too much information!”

Commonly employers will grant 10-15 minute breaks during a shift to provide a period for employees to rest and refresh. The FLSA does not require employers to give these breaks, but suggest that they are a good practice which can promote employee efficiency. For hourly employees who are subject to minimum wage or overtime requirements, the Department of Labor counts these rest breaks as compensable work time.

When these breaks start to stretch to 20 minutes and more, employers often feel they have lost control. However, note that the Dept. of Labor has taken the position that unauthorized break extensions need not be considered work time and can be unpaid. (“Labor Letter,” Fisher & Phillips LLP, Feb. 2012)

In order to not compensate employees for extended break time, employers must have communicated to the employee that:
• Authorized paid breaks may last only for a specific length of time
• It is against the rules to extend the break time
• Any extension of break time will not be paid and may be subject to disciplinary action.

Communicate this to your employees through a written break policy which is usually included in the employee handbook. The policy should include:
• Designated length of time for the rest break (such as 10 minutes)
• If the break will be considered compensable (work time)
• The number of rest break periods allowed during the shift
• Notice that if the rest break is extended past the designated time, then the amount of extended time will be unpaid.
• Failure to adhere to the break policy will result in disciplinary action.

Many states have their own rules for break time, so employers need to check with their state Department of Labor to see if there are any regulations that supersede the FLSA requirements. Break rules for lactating mothers must also be considered. In general, bona fide meal breaks are generally not considered work time.

Employees Only can help employers with developing policy and compliance with FLSA standards and requirements. Contact us today for information on how we can help.

The Internal Revenue Service (IRS) has issued additional guidance modifying previous requirements under the Affordable Care Act (ACA) for informational reporting, asking employers to provide employees with their cost of employer sponsored health care on W-2 forms.

This modified requirement applies to federal, state, and local governmental agencies, but it does not apply to federally recognized Indian tribal governments. Until further direction is provided, the W-2 reporting requirement will not apply to tribally chartered corporations owned by federally recognized Indian tribal governments.

Employers are not required to include the cost of health coverage under an employee assistance program, wellness program, or on-site medical clinic if the employer does not charge a premium for COBRA coverage for a qualifying beneficiary.

An employer can still voluntarily choose to include the coverage cost on W-2 forms for an employee assistance program, wellness program, on-site medical clinic, or the cost of coverage under a health reimbursement arrangement.

If an employer reported on certain excepted benefits on a pre-tax basis under a cafeteria plan, which may include disease- or illness-specific coverage and indemnity insurance coverage, then the employer must include this in the W-2 reporting.

reposted from the MBPA

As a part of an overhaul of state systems in Michigan, changes have been made to Workers Compensation processes and the Workers Disability Compensation Act, effective January 1, 2012 which will affect injured worker’s eligibility and compensation.

House Bill 5002 has moved the Workers’ Compensation Agency into the Department of Licensing and Regulatory Affairs. Among other changes in magistrates, appeal commissions and adjudicative activities, a new commission, the Michigan Compensation Appellate Commission, will now decide appeals of the Workers’ Compensation Magistrate and decisions made by Unemployment Compensation Referees.

Common definitions of terms affecting injured workers and claims have been revised. To qualify for worker’s compensation, a partially disabled worker must show a good-faith effort to obtain a job within his wage earning capacity. If the worker cannot show that there was a good-faith effort, his/her worker’s compensation is limited to 80% of the difference between the worker’s weekly wage before the injury/illness and the worker’s wage earning capacity after the injury/illness.
Other changes include:
• Worker’s compensation payments now include consideration of wages that not only are earned, but also that could be earned, whether or not it is actually earned.
• If the injured employee has reached retirement age but has not yet retired, benefits will be reduced as if the employee was already retired and receiving retirement/pension payments.
• Injured employees must treat with the employer’s physician for the first 28 days after the injury/illness, rather than 10 days.
• A disability based on a mental condition must be directly derived from an actual work-related event.

Michigan House Bill 5002 can be reviewed at www.michigan.gov/wca.