According to the HR Support Center March 2012 poll, 78% of respondents indicated “No” to the question posed of: “Does your company currently have a policy or practice that permits or prohibits political related activities in the workplace?” Due to recent “occupy” movements, legislative banter and election promotions, political activities can be effectively addressed with the implementation of well-prepared policies.
First of all, employers can limit political activity in the workplace. The First Amendment does not entitle individuals (employees included) to express their political views whenever and wherever they wish. Those in private-sector companies have no constitutional right to free speech, and can be terminated for expressing political beliefs as long as their dismissal does not violate some other federal or state law.
Political expressions encompass various (verbal or non-verbal) activities or inferences exchanged to support an idea, person, or thing. Often, there are pros and cons that come with political expressions presented in the workplace that can be treated as permitted or prohibited activities, which may or may not disrupt the workflow as well. Also, federal and state regulations further provide guidance for employers to consider when developing a policy.
The National Labor Relations Act (NLRA) describes federal regulations when an activity may be considered “protected” under law. Three rules apply to determine whether an activity (e.g. political) is protected under the NLRA:
* Political activity occurs during non-working time and off the employer’s premises.
* On-duty political support related to a specifically identified employment concern (e.g. Health Care Reform) is subject to restrictions imposed by lawful work rules.
* Leaving or stopping work to engage in political support may be subject to restrictions imposed by lawful work rules. An employer cannot discipline or discharge employees who leave work without permission if their walkout is for the purpose of obtaining some improvement in their own working conditions from their employer who has control.
The above-noted activities can be viewed to be political in nature and permitted for employees to engage in since the NLRA states employees have the right to engage in concerted activity. However, union-related logos represented on campaign materials sometimes may or may not be prohibited in regards to business practices (such as safety and personal protective equipment).
In addition, state laws also make it illegal to discriminate on the basis of an employee’s political activity or affiliation. Employers have the right and responsibility to ensure that work environments are safe, and free of hostility aimed at employees because of protected classification such as race or gender. For example, in 2012 several political issues covered in the current media such as gay marriage and immigration reform, impact protected worker classes of race, religion and sex. Thus, it is vital to develop political expression policies to help manage the workplace.
Employer policies and best practices should:
* Prohibit political statements while working and interacting with customers, visitors, etc.
* Enforce dress codes on employees regarding pro-candidate items attire (e.g. buttons, pins, ribbons, clothing), that affect business.
* Restrict access to social media and internet programs (email).
* Prohibit political fundraising or informational meetings within the workplace, as part of "no solicitation/no distribution" rules.
* Discipline employees for leaving work to attend a rally or other political event (as opposed to allowing for voting time leave).
* Train supervisors and managers on the company’s policy and what steps to take if they hear or observe inappropriate workplace political debates that become intense.
Although there are some companies that by the very nature of their businesses are politically involved in campaigns and voter registration drives, many employers prefer to keep politics away from business relations and practices. Many courts uphold restrictions but only on conduct that is unlawful or demonstrably harmful to the employer’s legitimate business interests. Especially during an election year, it is in every employer’s interest to develop and enforce a political expression policy to ensure workplace productivity to be its finest and anti-discrimination to be at its highest.
Workplace Solutions
Wednesday, May 23, 2012
Thursday, May 3, 2012
Political Expressions
Does your company currently have a policy or practice that permits or prohibits political related activities in the workplace?
Due to recent “occupy” movements, legislative banter and election promotions, political activities can be effectively addressed with the implementation of well-prepared policies.
According to the HR Support Center March 2012 poll, 78% of respondents indicated “No” to the question posed of: “Does your company currently have a policy or practice that permits or prohibits political related activities in the workplace?” Due to recent “occupy” movements, legislative banter and election promotions, political activities can be effectively addressed with the implementation of well-prepared policies.
First of all, employers can limit political activity in the workplace. The First Amendment does not entitle individuals (employees included) to express their political views whenever and wherever they wish. Those in private-sector companies have no constitutional right to free speech, and can be terminated for expressing political beliefs as long as their dismissal does not violate some other federal or state law.
·Political expressions encompass various (verbal or non-verbal) activities or inferences exchanged to support an idea, person, or thing. Often, there are pros and cons that come with political expressions presented in the workplace that can be treated as permitted or prohibited activities, which may or may not disrupt the workflow as well. Also, federal and state regulations further provide guidance for employers to consider when developing a policy.
The National Labor Relations Act (NLRA) describes federal regulations when an activity may be considered “protected” under law. Three rules apply to determine whether an activity (e.g. political) is protected under the NLRA:
* Political activity occurs during non-working time and off the employer’s premises.
* On-duty political support related to a specifically identified employment concern (e.g. Health Care Reform) is subject to restrictions imposed by lawful work rules.
* Leaving or stopping work to engage in political support may be subject to restrictions imposed by lawful work rules. An employer cannot discipline or discharge employees who leave work without permission if their walkout is for the purpose of obtaining some improvement in their own working conditions from their employer who has control.
The above-noted activities can be viewed to be political in nature and permitted for employees to engage in since the NLRA states employees have the right to engage in concerted activity. However, union-related logos represented on campaign materials sometimes may or may not be prohibited in regards to business practices (such as safety and personal protective equipment).
In addition, state laws also make it illegal to discriminate on the basis of an employee’s political activity or affiliation. Employers have the right and responsibility to ensure that work environments are safe, and free of hostility aimed at employees because of protected classification such as race or gender. For example, in 2012 several political issues covered in the current media such as gay marriage and immigration reform, impact protected worker classes of race, religion and sex. Thus, it is vital to develop political expression policies to help manage the workplace.
Employer policies and best practices should:
* Prohibit political statements while working and interacting with customers, visitors, etc.
* Enforce dress codes on employees regarding pro-candidate items attire (e.g. buttons, pins, ribbons, clothing), that affect business.
* Restrict access to social media and internet programs (email).
* Prohibit political fundraising or informational meetings within the workplace, as part of "no solicitation/no distribution" rules.
* Discipline employees for leaving work to attend a rally or other political event (as opposed to allowing for voting time leave).
* Train supervisors and managers on the company’s policy and what steps to take if they hear or observe inappropriate workplace political debates that become intense.
Although there are some companies that by the very nature of their businesses are politically involved in campaigns and voter registration drives, many employers prefer to keep politics away from business relations and practices. Many courts uphold restrictions but only on conduct that is unlawful or demonstrably harmful to the employer’s legitimate business interests. Especially during an election year, it is in every employer’s interest to develop and enforce a political expression policy to ensure workplace productivity to be its finest and anti-discrimination to be at its highest.
Due to recent “occupy” movements, legislative banter and election promotions, political activities can be effectively addressed with the implementation of well-prepared policies.
According to the HR Support Center March 2012 poll, 78% of respondents indicated “No” to the question posed of: “Does your company currently have a policy or practice that permits or prohibits political related activities in the workplace?” Due to recent “occupy” movements, legislative banter and election promotions, political activities can be effectively addressed with the implementation of well-prepared policies.
First of all, employers can limit political activity in the workplace. The First Amendment does not entitle individuals (employees included) to express their political views whenever and wherever they wish. Those in private-sector companies have no constitutional right to free speech, and can be terminated for expressing political beliefs as long as their dismissal does not violate some other federal or state law.
·Political expressions encompass various (verbal or non-verbal) activities or inferences exchanged to support an idea, person, or thing. Often, there are pros and cons that come with political expressions presented in the workplace that can be treated as permitted or prohibited activities, which may or may not disrupt the workflow as well. Also, federal and state regulations further provide guidance for employers to consider when developing a policy.
The National Labor Relations Act (NLRA) describes federal regulations when an activity may be considered “protected” under law. Three rules apply to determine whether an activity (e.g. political) is protected under the NLRA:
* Political activity occurs during non-working time and off the employer’s premises.
* On-duty political support related to a specifically identified employment concern (e.g. Health Care Reform) is subject to restrictions imposed by lawful work rules.
* Leaving or stopping work to engage in political support may be subject to restrictions imposed by lawful work rules. An employer cannot discipline or discharge employees who leave work without permission if their walkout is for the purpose of obtaining some improvement in their own working conditions from their employer who has control.
The above-noted activities can be viewed to be political in nature and permitted for employees to engage in since the NLRA states employees have the right to engage in concerted activity. However, union-related logos represented on campaign materials sometimes may or may not be prohibited in regards to business practices (such as safety and personal protective equipment).
In addition, state laws also make it illegal to discriminate on the basis of an employee’s political activity or affiliation. Employers have the right and responsibility to ensure that work environments are safe, and free of hostility aimed at employees because of protected classification such as race or gender. For example, in 2012 several political issues covered in the current media such as gay marriage and immigration reform, impact protected worker classes of race, religion and sex. Thus, it is vital to develop political expression policies to help manage the workplace.
Employer policies and best practices should:
* Prohibit political statements while working and interacting with customers, visitors, etc.
* Enforce dress codes on employees regarding pro-candidate items attire (e.g. buttons, pins, ribbons, clothing), that affect business.
* Restrict access to social media and internet programs (email).
* Prohibit political fundraising or informational meetings within the workplace, as part of "no solicitation/no distribution" rules.
* Discipline employees for leaving work to attend a rally or other political event (as opposed to allowing for voting time leave).
* Train supervisors and managers on the company’s policy and what steps to take if they hear or observe inappropriate workplace political debates that become intense.
Although there are some companies that by the very nature of their businesses are politically involved in campaigns and voter registration drives, many employers prefer to keep politics away from business relations and practices. Many courts uphold restrictions but only on conduct that is unlawful or demonstrably harmful to the employer’s legitimate business interests. Especially during an election year, it is in every employer’s interest to develop and enforce a political expression policy to ensure workplace productivity to be its finest and anti-discrimination to be at its highest.
Tuesday, May 1, 2012
New Rules for Background Checks
The essence of the guidance is that Employers have to make hiring decisions on applicants with criminal histories using three criteria.
They are:
1. The nature and gravity of the offense or conduct
2. The time that has passed since the offense or conduct and/or completion of the sentence, and
3. The nature of the specific position.
More details about this background investigation change coming soon- Check back on our website for more information about what this rule may mean to you.
Have specific questions ASK YOUR HR EXPERT here.
They are:
1. The nature and gravity of the offense or conduct
2. The time that has passed since the offense or conduct and/or completion of the sentence, and
3. The nature of the specific position.
More details about this background investigation change coming soon- Check back on our website for more information about what this rule may mean to you.
Have specific questions ASK YOUR HR EXPERT here.
Tuesday, April 10, 2012
Termination Checklist
Employee departures can drain time, energy, resources and morale if not done well. These resources will help you make sure that when you need to let employees go, the process is as smooth and effective as possible.
Checklist
* Weigh alternatives before deciding on termination.
* Thoroughly document the justification for termination.
* Prepare for and conduct the exit interview or termination meeting.
* Present the employee's (voluntary) resignation or (involuntary) termination letter.
* Develop a plan for managing any outstanding employee workload.
* Arrange for the return of any company property.
* Confirm the employee's last day of work and termination date.
* Have the final paycheck ready on the last day of work.
* Inform the employee of any follow-up communications such as COBRA coverage.
Unsure what to do? Ask us 800.342.4742
Checklist
* Weigh alternatives before deciding on termination.
* Thoroughly document the justification for termination.
* Prepare for and conduct the exit interview or termination meeting.
* Present the employee's (voluntary) resignation or (involuntary) termination letter.
* Develop a plan for managing any outstanding employee workload.
* Arrange for the return of any company property.
* Confirm the employee's last day of work and termination date.
* Have the final paycheck ready on the last day of work.
* Inform the employee of any follow-up communications such as COBRA coverage.
Unsure what to do? Ask us 800.342.4742
Tuesday, March 13, 2012
HR Tips for Non-Compete
Many small businesses struggle to determine whether or not non-compete agreements are worthwhile to use.· Such agreements are employment contracts designed to restrict an employee’s right to start a competing business across the street or to take your clients, other employees, or even your training with them when joining your competition.· Depending on how the agreements are written and applied, they may help add protection to your business or simply add headaches.
From an HR perspective, be sure to think about the following six tips:
From an HR perspective, be sure to think about the following six tips:
Manager Training is Key
The value of providing training to managers throughout the employment life cycle cannot be overlooked. Training ensures that your managers are knowledgeable about your company’s workplace law obligations and skilled in delivering human resources best practices in order to become successful in their roles. Training further enables business costs to be low, employer liability to be controlled, and allows for successful organizations to emerge. Did you know that in 2010 the Equal Employment Opportunity Commission (EEOC) filed 99,992 charges against the private sector?
Managers should be trained in various discipline areas, but some may or may not apply depending upon the company’s size and industry. Below are some suggested strategic and compliance training topics to assist managers in increasing effectiveness and reducing exposure.
It is vital to understand that once training is received, managers should be able to “transfer” the training into actual real life situations and settings when an opportunity presents itself.· One way managers can transfer training learned is by utilizing action plans.· Proper training can assist organizations by enhancing performance, productivity, employee satisfaction and customer service within a department.· So, start training every day!
Managers should be trained in various discipline areas, but some may or may not apply depending upon the company’s size and industry. Below are some suggested strategic and compliance training topics to assist managers in increasing effectiveness and reducing exposure.
- Business Execution. Monitoring business goals, supervising employees, and managing organizational changes may result in improved business effectiveness.
- Leadership. Providing ample opportunities for employees to have open communication and share a common vision, mission and goal helps with decreasing employee turnover rates.
- Performance Management. Learning to provide evaluations that are fair, objective, and based on the organization’s goals opens the door to feedback and conveys to employees they are valuable assets to the organization.
- Diversity. Getting to know who your employees are, how to execute equal employment opportunities with non-discrimination tactics, and handling generational differences allows for increased employee satisfaction retention rates.
- Business Crises Management. Planning, analyzing and evaluating how to handle stressful, harmful, or safety-related hazards that occur intentionally or un-intentionally (such as violence, injuries, accidents, fires, earthquakes, etc.) enables managers to take action rationally and rely on the team when needed.
- HR Best Practices. Learning the basics about hiring, termination, harassment, business policies, employment laws, paperwork compliance, etc., sets forth better protection for managers and organizations. Often, the number and degree of EEOC complaints, OSHA violations, wage and hour penalties, or other claims are reduced when managers receive training on these topics to assist them in making informed decisions.
It is vital to understand that once training is received, managers should be able to “transfer” the training into actual real life situations and settings when an opportunity presents itself.· One way managers can transfer training learned is by utilizing action plans.· Proper training can assist organizations by enhancing performance, productivity, employee satisfaction and customer service within a department.· So, start training every day!
Thursday, March 1, 2012
The Necessities of a Safety Manual
Employers are responsible for providing a safe workplace environment for their employees free from harm, health hazards, harassment, etc. Enforcement of workplace safety compliance is an issue that has gained increased attention from federal and state governing agencies.
According to the federal Occupational Safety Health Administration (OSHA), an effective safety and health program can save as much as six dollars for every dollar invested. On January 6, 2012, OSHA initiated a Small Business Regulatory Enforcement Fairness Act (SBREFA) panel process to draft an Injury and Illness Prevention Program (IIPP) rule. Where ever your business is in terms of a safety program, a safety manual is an important starting point for any company size. As a best practice, a company’s safety manual typically includes the following:
While OSHA is currently in the process of developing new standards of an IIPP, employers still need to adhere to their workplace health and safety obligations. So at a minimum, be sure to regularly review your company’s safety manual or consider establishing an IIPP. With the right information, the manual should help your business meet OSHA requirements and achieve an in-compliance status well before an OSHA inspection occurs.
According to the federal Occupational Safety Health Administration (OSHA), an effective safety and health program can save as much as six dollars for every dollar invested. On January 6, 2012, OSHA initiated a Small Business Regulatory Enforcement Fairness Act (SBREFA) panel process to draft an Injury and Illness Prevention Program (IIPP) rule. Where ever your business is in terms of a safety program, a safety manual is an important starting point for any company size. As a best practice, a company’s safety manual typically includes the following:
- Supervisor responsibilities
- Employee responsibilities
- Reporting
- Safety policies
- Equipment usage/handling
- Chemical/hazard handling
- First aid & CPR
- Safety rules
- Documents
- Disciplinary action
- Accident reporting
- Injury reporting
- OSHA logs
- Protective uniforms
- Cleaning work spaces
- Opening/closing items
While OSHA is currently in the process of developing new standards of an IIPP, employers still need to adhere to their workplace health and safety obligations. So at a minimum, be sure to regularly review your company’s safety manual or consider establishing an IIPP. With the right information, the manual should help your business meet OSHA requirements and achieve an in-compliance status well before an OSHA inspection occurs.
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