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August,
2011 |
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Hello Readers….
The end of summer is approaching very rapidly. Hope that some of you are squeezing in one last week of vacation or on the other side of the coin.. maybe some of you are getting ready to celebrate "back to school" time! This edition of the newsletter is a bit late because I did squeeze in a vacation and didn’t get the articles ready before I left.
I am back and refreshed and ready to take on new challenges as the Fall approaches.
We will be observing Labor Day on Monday, September 5th. Labor
Day constitutes a yearly national tribute to the contributions workers have made to the strength, prosperity, and well-being of our country. June 28, 1894, Congress passed an act designating the first Monday in September as a national holiday to honor The American Worker. As you enjoy the many sales happening on this day, or enjoying family and friends or just taking some time to rest and breathe, I invite you to stop and think about the contributions made by workers all over the U.S. in all types of jobs.
HAPPY LABOR DAY!
This month’s articles focus upon your employees ...
a legal deadline for some employee trainings, laws
that, based upon the size of your company, protect
employees, and our feature article ... some tips
for handling a difficult employee!
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Here is a listing of this month's articles with direct links
to each.
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2011 Is a Sexual Harassment Training Year
And Time is Running Out!
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Important reminder! Employers
with 50 or more employees should be aware that
2011 is a training year for supervisors and
managers. California's sexual harassment
prevention training requirement took effect in
2005, and the law requires training every two
years.
Employers with 50 or more employees should plan
for providing this training this year to current
supervisors and managers. Take note that new
supervisors and managers must receive the
prevention training within six months of
assuming supervisory duties - even if not a
training year.
The state regulations implementing the sexual
harassment prevention training law define
"having 50 or more employees" as
employing or engaging 50 or more employees or
contractors for each working day in any 20
consecutive weeks in the current calendar year
or preceding calendar year. The 50 employee or
more threshold includes full-time, part-time,
temporary workers and contractors, even those
that reside or work outside of California.
If you are in this situation, contact us to
schedule your training soon. Dates are filling
up fast! margaret@mjms.net
or
310-798-4569.
Even if you are not a California employer, it is
a good idea to provide anti-harassment training
to all of your staff. We can customize a
training program that will meet the federal
guidelines and those of your state. |
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Thresholds
for
7 Major Federal Laws
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ADA-15 employees:
The ADA prohibits employers with 15 or more workers from discriminating against employees or
applicants because of a disability or perceived disability. In addition, facilities that are open to the public
must be accessible, regardless of the number of employees.
Title VII-15 employees:
Title VII of the Civil Rights Act prohibits employer from discriminating
against employees based on race, color, religion, sex and national origin.
Many states have statutes reducing the employer-size threshold and expanding
the classes of protection.
ADEA-20 employees:
The Age Discrimination in Employment Act prohibits companies with 20 or more workers from discriminating against
people age 40 or older in hiring, firing, wages and benefits.
COBRA-20 employees:
The Consolidated Omnibus Budget Reconciliation Act mandates continuing coverage
when an employer with 20 or more workers offers health coverage.
FMLA-50 employees:
The FMLA grants up to 12 weeks of job-protected, unpaid leave to certain
workers in companies with 50 or more employees who work within a 75 mile radius of the work site. Note
that you're not covered until 50 workers are employed "for each working day during 20 or more calendar
workweeks in
the current or preceding calendar year." Workers must be on your payroll for at
least 12 months and put in at least 1,250 hours before becoming eligible for FMLA leave. Paid time off,
including
vacation and sick leave, doesn't count. The FMLA is an area where states have been active recently. Numerous states
have enacted leave laws applying to employers with fewer than 50 employees.
PDA-15 employees:
The Pregnancy Discrimination Act prohibits discrimination on the basis of
pregnancy, childbirth and other related medical issues.
WARN-100 employees:
The Worker Adjustment and Retraining Notification Act requires companies to
give at least 60 days' notice of closings and mass layoffs. It applies to
employers with 100 or more workers. That does not count employees who have worked less than six
of the past 12 months or who work an average of less than 20 hours a week.
Source: Business Management Daily
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Our
Monthly Quiz!
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Question
An
employee is terminated after one(1)
year of employment. How long
must the employer retain the Form I-9
and related documents?
A) 1 YEAR
B) 2 YEARS
C) 5 YEARS
D) THE I-9 DOESN'T NEED TO BE RETAINED
Answers
are found below our feature
article. |
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On
to our feature article ....
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Sooner or later, all managers must deal with a difficult employee -- they are an unavoidable fact of business life. What you need to remember is that a difficult employee is not necessarily a bad employee.
All too often, people associate "difficult" with "bad." This simply is not true. There are lots of circumstances that could lead to difficult behavior -- stress at home or work, for example. |
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If you find yourself tasked with handling a difficult employee, you may find the following six tips insightful. |
Tip #1. Evaluate The Issue:
In other words, think before you act. One complaint is not reason enough to call an employee into your office for a verbal lashing. A clear understanding of the issue is required before you take any action. Consider all the relevant factors, such as the people involved and the details surrounding the situation.
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Tip #2. Gather The Facts:
Because the workplace is a social environment, there is bound to be rumor and hearsay -- neither of which is reason enough to take action. As a manager and leader, your job is to be a mediator and assess the situation fairly by gathering the facts. Hearsay is unreliable and easily refuted. Evidence, on the other hand, is undeniable.
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Tip #3. Develop A Plan:
The workplace is not the Wild West -- you cannot go into a situation "guns blazing." This will only exacerbate things further. Having a plan will give you more control over the situation and help maintain order and focus. Carefully decide when and where you will speak with the employee, how you want the meeting to go and whether or not others might need to be present.
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Tip #4. Focus On The Problem:
All too often, we let one negative aspect of someone define them entirely. This, of course, is a mistake. Just because someone is difficult does not mean they aren't good at their job. When handling a difficult employee, you need to focus on the problem, not the person. Otherwise the employee may feel like they are being personally attacked.
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Tip #5. Hear Their Side:
When speaking with a difficult employee, it is only fair to hear their side. Understanding the reasons behind difficult behavior is crucial to remedying them. Your job, as mediator, is to find the common ground, and figure out where and how you can smooth the wrinkles over. This requires having as full of an understanding about the factors surrounding difficult behavior as you can. |
Tip #6. Come To A Solution:
Ultimately, your goal is to come to an agreement with the employee on how to solve the issue, otherwise it will continue to persist. The first step is for the employee to acknowledge
the issue. From there, draw out a plan of action as to how it will be solved, and make sure you follow-up with the employee to ensure that change is maintained.
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Executive Summary:
Remember, a difficult employee is not necessarily a bad employee, so focus more on the issue and less on them. This helps prevent employees from feeling as though they are being personally criticized. As a result, they will be less resistant to working out whatever is causing their difficult behavior. Once you do agree upon a solution, be sure to follow-up with the employee periodically and offer praise for their efforts. |
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Click
Here
Watch A Video On Ways To Handle
A Difficult Employee.
http://bit.ly/pBex4u |
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Source: Pinnacle Payroll Solutions |
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Answer To Quiz |
ANSWER:
B
The I-9 form should be retained for 3 years after the worker is hired or 1 year after
termination, whichever is later (8 CFR 274a (2)(A)). |
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Don't Forget To Access Our
WebForms.
Answer All Your Human Resource Needs!
Manage Your Day-to-Day Non-Profit or Small Business Organize All Necessary Human Resource Information Promote Legal Compliance Within Your Organization.
Click Here To Know More!
http://www.mjms.net/webforms.html
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| ABOUT
MJMS, INC. |
President and Principal Consultant: Margaret Jacoby, SPHR
Margaret Jacoby has more than 25 years of Human Resources and professional management experience in a variety of industries. She has designed human resources infrastructure and implemented systems to ensure compliance with state and federal employment laws. She has directed high quality human resources functions for small and emerging businesses, and served as an external consultant to a wide range of erse organizations, including non-profits.
Her work has included:
Conducting H.R. Needs Assessments Drafting employee handbooks and policy manuals Conducting job analysis and developing position descriptions Conducting on-site compliance audits Counseling management on progressive discipline
Drafting and review of employee disciplinary actions Providing mediation in employee/employee conflict
Training employees/supervisors/managers in the implementation of human resources systems and policies such as Sexual Harassment Conducting workshops for business owners on H.R. compliance issues.
Ms. Jacoby has earned the nationally-recognized certification of Senior Professional in Human Resources
(SPHR) from the HR Certification Institute, Society for Human Resource Management
(SHRM).
Ms.
Jacoby’s professional affiliations include: Professionals in Human Resources Association (PIHRA) Society for Human Resource Management (SHRM) National Association of Women Business Owners (NAWBO), Los Angeles and Phoenix California Chamber of Commerce Arizona Small Business Association (ASBA) Long Beach Community Business Network (LBCBN) Institute for Management Consultants
(IMC)
The information contained in this newsletter is provided as general information and is not a substitute for legal or professional advice. The information is provided by MJ Management Solutions, Inc. and while we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the newsletter or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. |
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Phone: 480-924-6101 and 310-798-4569
Fax: 408-452-1429
margaret@mjms.net • MJ Management Solutions, Inc.
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