HR Blog
Are Informal Complaints Protected Activity Under the FLSA Retaliation Provision?
Yes! The US Supreme Court found workers who complain to their employers about wage violations ARE protected from retaliation whether the complaints are oral or written.
An oral complaint of a Fair Labor Standard Act (FLSA) violation is protected conduct under the statute’s anti-retaliation provision. The act protects employees who have filed any complaint, whether oral or written with their employers.
Per the Supreme Court:
“A complaint must be sufficiently clear and detailed for a reasonable employer to understand it, in light of both content and context, as an assertion of rights protected by the statute and a call for their protection.”
Employers should document its response to oral complaints and remember it is a prudent defense to potential retaliation claims.
References: Smith, A. (SHRM, 3/22/2011). Supreme Court: FLSA Anti-Retaliation Provision Applies to Oral Complaints., New York Times (3/22/2011) Justices Back Employee in Wage Complaint Case., (Kasten v. Saint-Gobain Performance Plastics Corp., No. 09-834).
The Four Stages of Strategic Planning
Strategic planning is a process that helps companies focus on how to succeed for the future. Every company, large or small, should participate in the strategic planning process at least every three years. This planning will help you, your customers and employees understand what the core business is, what the expectations are, and what measurements are important.
Here are the Strategic Planning Steps and Phases:
- Define where the Company wants to be (i.e. business goals)
- Gather information (internal and external)
- Develop alternative strategies, then select a strategy that will provide the best chances of meeting Company goals
- Implement the plan
- Evaluate and revise when needed
Phase I: Strategy Formulation – vision, mission and values developed.
Phase II: Strategy Development – SWOT Analysis (internal strengths and weaknesses, external opportunities and threats).
Phase III: Strategy Implementation — Short term objectives established, action plans and resources allocation.
Phase IV: Strategy Evaluation – strategy review and measurement (scorecard).
References: SHRM.org
SHRM Talent Conference
I had the honor of speaking at the national SHRM talent conference in Washington, D.C. on April 30, 2012, on the topic of Attracting, Retaining and Engaging the Hispanic Workforce.
Here is an outline of what I covered in my speech:
- 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
Note: our firm now provides management training regarding this critical employer topic.
What is the Civil Rights Act of 1964?
The Civil Rights Act was the nation’s first comprehensive anti-discrimination federal law making it illegal to discriminate in employment based on race, color, religion, sex, or national origin. Title VII of the Civil Rights Act was passed to bring about equality in hiring, transfers, promotions, compensation, access to training, and other employment-related decisions.
This federal law binds most employers and the Civil Rights Act of 1991 allowed for jury trials where plaintiffs could seek compensatory punitive damages.
Title VII of the Civil Rights Act includes:
- Prohibits sexual harassment.
- Prohibits segregation based on above protected classes.
- Prohibits discrimination based on pregnancy, childbirth, or related conditions.
- Prohibits discrimination in compensation practices.
References; Shrm.org
Is Your Communication Style Causing Stress?
Do you have challenges communicating with others?
If so, finding out why will help your business and relationships flourish!
There are four primary communication styles. Learning and understanding these styles can unleash powerful team effectiveness, enhance relationships, and increase customer loyalty.
The DISC Profile Assessment tells us what communication tendencies a person has and their desired work environment. It also identifies what a person needs from others and what they need to be effective.
10 Benefits of DISC training:
- Deal with conflict more effectively
- Increase sales by understanding how potential customers communicate and make decisions
- Enhance teamwork and reduce team conflict
- Develop strategies and awareness to deal with diversity
- Understand behavioral strengths and challenges in yourself and others
- Learn to appreciate the differences and strengths of others
- Improve customer relationships and customer satisfaction
- Reduce personal and organizational conflict, stress, and turnover
- Improve communication skills through determining communication styles
- Enhance and develop your coaching and mentoring skills
The DISC profile was developed in the 1920’s by American Psychologist William Moulton Marston. Hundreds of companies in the United States use this tool to measure the four communication preferences.
New FMLA Certification Forms
The Department of Labor (DOL) released new Family Medical Leave Act (FMLA) certification forms with an expiration date of February 28, 2015.
The new forms do not have the “safe harbor” language required by the Genetic Information Nondiscrimination Act (GINA), which informs employees that they should not provide any genetic information when responding to an employer’s request for medical information. All employers are advised to include the safe harbor notice with requests for medical certification.
The Equal Employment Opportunity Commission (EEOC) has suggested the following language:
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that the employee not provide any genetic information when responding to this request of medical information. “Genetic information” as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.
The new forms are:
- Certification of Health Care Provider for Employee’s Serious Health Condition
- Certification of Health Care Provider for Family Member’s Serious Health Condition
- Notice of Eligibility and Rights and Responsibilities
- Designation Notice
- Certification of Qualifying Exigency for Military Family Leave
- Certification for Serious Injury or Illness of Covered Service member—for Military Family Leave.
All forms can be found at the link below:
Reference: http://www.dol.gov/whd/fmla
Why Employers need Job Descriptions
Job descriptions are not mandated by any employment laws but protect Employers in a dispute. Please sign up for our monthly FREE newsletter and get a legally compliant JOB DESCRIPTION template!
1) While companies are not legally required to maintain job descriptions for every job, it is in an employer’s best interest to do so since job descriptions are one of the most effective tools to establish which job functions are essential. Job descriptions outline the necessary knowledge, skills, and abilities each position must have to complete work tasks successfully.
2) Job descriptions clearly identify the expectations and responsibilities of the job. This will support Employers’ when addressing exempt/non-exempt status under the Fair Labor Standards Act’s (FLSA) for wage and hour purposes.
3) Job descriptions outline the working conditions, tools, and equipment necessary to complete the job. This can aide Employers’ with OSHA requirements as well as potential Workers Compensation concerns. Knowing what job functions, expectations, responsibilities, and working conditions are essential is critically important to many employment decisions businesses make on a daily basis. Job descriptions can facilitate employers in recruiting, training, development, compensation, performance evaluations, promotions, discipline and terminations.
4) Job descriptions document the mental, physical, and environmental factors necessary to complete the position. 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).
Job descriptions should include the following:
- Heading information – include job title, pay grade or range, reporting relationship (by position, not individual), hours or shifts, and the likelihood of overtime or weekend work, and exempt or non-exempt position status.
- Summary objective – list the general responsibilities and descriptions of key tasks and their purpose, relationships with customers, coworkers, and others, and the results expected of the employee.
- Qualifications – state the education, experience, training, and technical skills necessary for the position.
- Special demands – include any extraordinary conditions applicable to the job (i.e. heavy lifting, exposure to temperature extremes, prolonged standing, or travel).
- Job duties and responsibilities – identify task that comprise about 90 to 95 percent of the work done and listing tasks with approximate time demand (i.e. 1/3 or 2/3 of the day expected to stand).
References: February 23, 2012 HR Daily Advisor, 5 Critical Components Every Job Description Must Contain; February 22, 2012, HR Daily Advisor, Backburner Job Descriptions? You’d Like to, But You Can’t.
5 Ways Workplace Wellness Reduces Your Company Costs
The unhealthy behaviors of the United States workforce costs employers an average of $670 per employee annually according to the March 2011 Thomas Reuters Workforce Wellness Index. Despite the fact that the U.S. spends more on healthcare than any other nation in the world, we remain the unhealthiest. This decline is due to the overall population increases in blood pressure, cholesterol, obesity, tobacco and alcohol. Furthermore, preventable illness makes up approximately 90% of the healthcare costs.
Did you know that employee wellness can reduce your Company’s costs?
Its true! Employees who live more healthy lifestyles translate to cost savings for their Companies.
Workplace wellness programs focus on the physical and mental well being of the employees. Wellness initiatives or programs include exercise programs, healthy choices in the employer vending machines, stress management courses and nutrition advice. For small to medium employers, wellness programs can be an option through your health benefits program.
Employers should considered these top 5 reasons for implementing a Wellness Program in their Company
- Controlling Health costs and in Some Cases Decreased Costs
- Reduce Absenteeism
- Increased Productivity
- Reduce Injuries
- Improved Morale, Retention and Loyalty
References; Miller, Stephen (4/20/2011) Declining Health of U.S. Workers is Driving Up Employer Costs. SHRM.org
State Requirements for Employee Records Retention
Ever wonder how long you need to hold on to employee records?
Below is a list of how long each state requires you to hold on to your employee records. Don’t forget to properly dispose of the records when the time is right for security issues and to protect your employees against identity theft.
NOTE: Indiana, Mississippi, Montana, Tennessee, and Vermont specify a retention period “sufficient to administer employment law.
Employee Records Retention by State:
| 1 Year |
Louisiana, Utah |
| 2 Years | California, Colorado, Idaho, Massachusetts, Nevada, Oregon, West Virginia, Wyoming |
| 3 Years | Alaska, Arkansas, Connecticut, Delaware, D.C., Illinois, Iowa, Kansas, Maine, Maryland, Michigan, Minnesota, Missouri, New Mexico, New York, North Carolina, Ohio, Rhode Island, South Carolina, Texas, Washington State, Wisconsin |
| 4 Years | Arizona, Georgia, Nebraska, New Hampshire, North Dakota, Oklahoma, Pennsylvania, South Dakota, Virginia |
| 5 Years | Alabama, Florida |
| 6 Years | Hawaii, Kentucky, New Jersey |
References: HR Daily Advisor Notice 11/22/2011
SHRM 2012 Talent Management Conference & Exposition
I am very excited and honored to be presenting at the SHRM 2012 Talent Management Conference.
My presentation is titled, “Attracting, Retaining and Engaging the Latino/Hispanic Workforce.”
I hope to see you there!
Gain the strategies and tools you need to start a talent management (r)evolution in your organization by attending SHRM’s 2012 Talent Management Conference & Exposition. This premier conference offers insights into how to recruit, retain and engage top talent in this new economy. Join us at the Gaylord National Hotel & Convention Center in the Washington, D.C. Metropolitan Area, April 30-May 2, 2012.
Contact
Di Ann Sanchez, SPHRDAS HR Consulting, LLC
817-343-0066 (Office)
817-900-8648 (Fax)
diann@dashrconsulting.com
Call today for a complimentary telephone consultation to review your HR issues.
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