Month: September 2012

More Safety Training Q & As

Q. We have a safety meeting that all employees attend. Are the hours attending the safety meeting considered "hours worked" for overtime purposes? A. Training programs conducted during regular working hours constitute work time and must be compensated as such, according to the federal Fair Labor Standards Act (FLSA). After-hours training need not be compensated […]

Independent contractor or employee? Ensure you get it right

How do you know whether to classify someone as an independent contractor or employee? Is it enough to have a contract in place that specifies that someone is not considered an employee? While most employees hope they have it right, misclassifying employees as independent contractors costs the federal government $2.72 billion every year, according to […]

Chicago teachers striking over evaluation system, recall pool

by Brian J. Kurtz It is Thursday, day four of the Chicago Teachers Union’s strike against the Chicago public school system. All over the city, many of the 30,000 union-represented teachers and counselors are wearing red T-shirts and rallying with picket signs, banners, and noisemakers in front of city schools and government offices. The public […]

Publish Your Political Activity Policy Now! (Here Are Two Samples)

Here’s sample Political Activity Policy number one: Employees are not to participate in election activities while working and are not to use company facilities to engage in election activities. When not on company premises, representing the company or using company resources, an employee’s personal conduct is his or her own to regulate. Employees are encouraged […]

Are New Hires Scoping Out Your Restrooms?

Looking for top talent? Forget about perks and benefits, you may want to check out your workplace restrooms! A recent survey suggests that most American workers (83 percent) believe the condition of a workplace restroom is one indicator of how a company values its workforce. Thankfully, 66 percent of employees rate their workplace restroom as […]

Shifting Demographics: Majority to Minority?

Individuals who have long been in the majority classes for race and ethnicity may now find themselves in the unfamiliar territory of a “minority” in some states. The changes in population present an interesting—if not complicated—problem for contractors with affirmative action responsibilities. Recent census data reveal that there are four states where “minority” populations are […]

Public Official Forgot to Work Extra Hours per Week—For a Few Years

It’s hard to explain why you forgot that you had to work 8 hours extra per week, especially when minutes of a public board meeting show that you were present. And especially when you forgot for 5 years and over 2,000 hours’ worth of pay! That is the dilemma facing a fire marshal in Connecticut, […]

‘You’re Fired–You’re Too Attractive to Work Here’

Special from Atlanta—SHRM Annual Conference and Exhibition In yesterday’s Advisor, attorney James McDonald explained the legal pitfalls of one kind of lookism—“You’re too unattractive to work here.” Today, he tackles the opposite—“You’re too attractive to work here”—plus we introduce the HR policy guru, SmartPolicies. The Other Side of Lookism: I’m Too Sexy McDonald, who is […]

It’s the Employer’s Job to Know When FMLA Applies

In worst-case scenarios, stumbling blocks become legal hurdles too great for your human resources department to overcome. What starts as an innocent mistake, lack of knowledge or sin of policy omission becomes a genuine issue of material fact and it lands your company in court. In the case of Lichtenstein v. University of Pittsburgh Medical […]

Looking for Answers on OSHA Training Requirements?

Q. Are there any regulations on how often you must have safety meetings? A. Federal OSHA has no regulation that states how often you must have safety meetings. There are regulations that mandate training on a schedule such as Bloodborne Pathogens (29 CFR 1910.1030) training, which is required annually. Other general industry standards that require […]