Di is teaching HR Essentials for TCCD North West Campus 5-week class begins 9/13/2010
Tarrant County College Northwest Campus offers two courses in partnership with the Society for Human Resource Management (SHRM®), Essentials® of HR Management and the PHR®/SPHR® Certification Preparation.
The Essentials® of HR Management offers a comprehensive overview of the human resource function. This is an introductory course specifically designed for those who are new to the HR profession or individuals seeking effective ways to increase their HR skills.
The curriculum provides critical knowledge and vital skills required to address today’s complex HR situations and compliance issues within an organization. Topics include:
- Human Resource Management
- Employment Law
- Recruitment and Selection
- Compensation and Benefits
- Employee Development
- Performance Management
Contact:
Marisa Reyes, Coordinator of Special Projects
Northwest Campus Continuing Education Services
817-515-7049 (Office)
marisa.reyes@tccd.edu
Facts you need to know about the Drug Free Workplace Act of 1988:
| Employers |
Employees |
| Employers must certify to the contracting or granting agencies that they maintain a drug free work place by publishing (posted in employee handbook and on job sites) and administering specific drug free workplace policies and a drug awareness program. |
Individuals who have drug problems may come forward under ADAAA to be protected as a disability; only if they have or are in a drug rehab program. |
| Applies to federal contractors with contracts of $25,000 or more. |
No employment action can be taken on them once they are protected by ADAAA. |
| If you have a drug program at your company, you must train supervisors on how to tell if someone is intoxicated or on drugs at least once every 3 years. |
Employees must notify their employer of criminal drug or alcohol conviction for a violation occurring in the workplace no less than 5 days after conviction. |
| Inform employees on 1) the dangers of drug abuse, 2) company policy, 3) any available drug counseling, rehab, or EAP programs offered. |
Employees must communicate to their employer imposing a sanction of requiring satisfactory participation in drug abuse assistance or rehab program. |
The following items should be included in your employee handbook:
Define reasons for testing program.
- Pre-employment
- For cause
- Post accident testing
- Random testing
Policy should be publicly stated:
- in offer letters
- in employment ads
Demonstrate need and objectives of testing program:
- Consider nature of job.
- Obligation to maintain safe workplace.
- Prevention of negligence liability.
- Government contract program.
- Define who will screened.
- Define what drug related issues be reported to the authorities.
- Define when employee or applicants be subject to testing.
- Define what will happen if an employee or applicant refuses testing.
- Define which drugs are included in the testing and their limits.
- Define what action will be taken if employee or applicant tests positive.
- Define if an EAP program will be implemented to help.
Conduct supervisor and management training.
Last month I was invited to Chicago to present to the Utility Line Clearance Coalition on how to retain, train and engage a Hispanic Workforce. The ULCC represents 90% of all line clearance tree trimmers; they focus on safety and best practices for all tree trimming companies in the United States.
As you might suspect, most of their employees are Hispanic and they were looking for tips on how to increase safety for their Hispanic workforce. Did you know in 2002 OSHA reported 15% of all workplace deaths were Hispanic?
Safety and much more was covered in my presentation and will be used to train their supervisors. Here is an outline of the training covered; if you are interested in this specialized training for your supervisors and managers please contact me.
* Hispanic vs. Latino – which is correct?
* Hispanization of America
* Latino Values, Needs and Expectations
* Expectations of Employers
* Recruitment Strategies
* Performance & Employee Cultural Considerations
* Rewards and Motivation
* Unionization and Employee Relations
* Overcoming Communication Barriers
Here are some specific things YOU should be aware of when communicating with your Hispanic employees and contractors.
| Meeting Situations |
Some Hispanic cultures require you greet and say goodbye to everyone in the group before exiting a room or meeting. |
| Eye Contact |
Mexicans and some Central Americans look down/away to show respect.South Americans will look in the eye but it is rude to stare. |
| Body Language |
Sitting close is okay.Never pat on head.
It is bad manners to slouch, lean or plop into a chair. |
| Social Expectations |
Social expectations hold higher priority than salary so be flexible with family related benefits like time off and Hispanic holidays. |
If you have questions about how to work best with your workforce please don’t hesitate to give me a call.
Over a three-month period Troy Jackson was “visited” by six federal agencies and fined over a half a million dollars, not including legal fees, for non-compliance.
Troy has been in business since 1996 and has two very successful companies After Dark Designs a home interior and retail furniture business with 18 employees, and Metropolitan Parking, a paid parking lot management businesses with 37 employees.
“After I terminated, with good reason, an employee who was a supervisor of mine in the parking business, she called the Department of Labor (DOL) and complained to them that I hired her underage son. When she was my supervisor she hired her son who was only 16 and not supposed to work after 5:00 pm, then scheduled him to work from 5 to 9 pm.”
The first agency to come in was the Equal Employment Opportunity Commission (EEOC). The EEOC came to investigate the disgruntled employees claim. Troy did not get fined but was told “other agencies will be visiting”.
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Many of my clients have asked me to outline the reasons why job descriptions are critical. I have also included a sample job descriptions template for you.
1) Job descriptions outline the necessary knowledge, skills, and abilities each position must have to successfully complete tasks.
2) Job descriptions clearly identify the expectations and responsibilities of the job.
Job descriptions outline the working conditions, tools, and equipment necessary to complete the job.
3) Job descriptions document the mental, physical, and environmental factors necessary to complete the position.
4) Job descriptions help the employee understand the essential functions of the job and attest to understanding what is expected of them. This also provides an opportunity for the employee to ask for any accommodations under Americans with Disability Act Amended (ADAAA).
5) Job descriptions not only educate the potential employee about the scope of the job, they also PROTECT the employer in case of a dispute.
If you have questions about how to write job descriptions for your place of business please don’t hesitate to give me a call.
New Poster required to inform employees about their rights to join a union under NLRA!
New Employee Notification Requirements for Federal Contractors and Subcontractors:
Under a new Department of Labor (DOL) regulation, beginning on June 19, 2010, Federal Contractors and their subcontractors are required to post notices informing employees of their rights under the National Labor Relations Act (NLRA).
These regulations implement Executive Order 13496, signed by President Obama on January 30, 2009, and require federal contractors to agree to post the required employee notice and to agree to insert provisions in their subcontracts that require their subcontractors to post the employee notice as well.
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All businesses and non-profits must be aware of the potential liability for sexual harassment.
A written sexual harassment policy may help employees know what conduct is not appropriate. Training for both the supervisors and employees should be conducted to ensure that management and employees understand the law and the complaint procedures. As a business owner, you are responsible to providing a harassment-free workplace.
The Clarence Thomas Hearings
In 1991, the nation watched as the televised Senate Judiciary Committee hearings showed law professor Anita Hill testify that she suffered sexual harassment by the Clarence Thomas who was being considered for an Associate Justice for the United States Supreme Court. This case put sexual harassment issues in the workplace as a top priority for all companies.
Health Care reform is complex and difficult to understand.
You have until SEPTEMBER 2010 to get in compliance, or face fines.
Here is a synopsis of the IMMEDIATE changes ALL employers must comply with for the Patient Protection and Affordable Care Act and Health Care and Education Reconciliation Act:
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The Hiring Incentives to Restore Employment Act of 2010 (HIRE) became law on March 18, 2010 as signed by President Obama. Unfortunately, this new law did not get a lot of press due to the Health Care Reform Passage, but is critical for employers who intend to hire.
Under this law, an employer who hires an employee after February 3, 2010 and before January 1, 2011, will receive a tax credit equal to the employer’s portion of the Social Security tax (FICA) for hiring an unemployed worker for new positions or replacement for employees who resigns or discharged for cause. All employers except government institutions are eligible for this great tax credit.
Key facts of the HIRE Act:
- Temporary payroll tax forgiveness of the employers 6.2% share of Social Security taxes (FICA) on wages paid to new hires. Employers will not have to match 6.2% of FICA on the employee’s wages for 2010. The exemption is effective March 19, 2010 to December 31, 2010.
- There is an additional general business income tax break of $1000 per employee hired for all businesses who hire a qualified employee under the ACT. This applies only if the employer continues to employ the employee for 52 weeks.
- Revised IRS Form 941 (Employers quarterly federal tax return) to document these tax credits.
To qualify for ACT, employees:
- Must be hired after Feb. 3, 2010 and before January 1, 2011
- Must certify and sign an affidavit stating the employee had not been employed for more than 40 hours during the 60 days period prior to the new hire date with new employer. On April 7, 2010 the IRS released its final version of Form W-11 which is the HIRE Employee Affidavit. The IRS does not require employers to send the affidavits in, however these should be kept in the employee’s file.
- Must be employed for a new position or replacing an employee who voluntarily quit or discharged for cause.
- Are not covered by the Work Opportunity Tax Credit program.
- Are not relatives of the employer.
- Can not earn more than $106,000 per year.
Reference: SHRM Article 3/27/2010: Hiring Incentives to Restore Employment Act of 2010 (HIRE)
Genetic Information is the most recent protected characteristic (such as race, religion, and sex) to be added to the Civil Rights Act of 1964.
The Genetic Information Nondiscrimination Act (GINA) of 2008 [Public Law 110-233, H.R. 493, S. 358] was signed into law by President Bush on May 21, 2008. The law prohibits health insurers and employers from discriminating on the basis of genetic information and sets a national baseline of protections from any such discrimination across the country. In the legislation, the term “genetic information” means a person’s genetic test results, the genetic test results of an individual’s family members and/or information about a genetic disease or disorder in family members.
Here are 5 things all employers need to do ASAP to be compliant with this law.
1) Revise all your EEO statements and job applications to include genetic non-discrimination.
2) Post new EEO nondiscrimination posters.
3) Train all managers on what this means. (CALL ME – I CAN HELP WITH THIS.)
4) Discontinue requests for family medical history from post offer or fitness of duty evaluations or in connection with reasonable accommodations.
5) Store genetic information in confidential medical files.
Additionally you need to be aware of the following:
- Employers are barred from disclosing genetic information.
- Employers cannot receive individual identifiable genetic information.
- Company wellness programs that provide premium differential for completing Health Risk Assessments, and ask for family history, may violate GINA if there are incentives given.
- You can be fined up to $50,000 for non-compliance!
