The HR Team September 2009 Newsletter
It's September, fall is in the air and the new school year is in full swing. I'm not sure if I'm happy or sad about school starting back up again. It's great to have a routine, but with a routine comes homework and projects. As a parent, when your child asks you for help with their homework, you, of course, want to do all you can. However, as they get older, the subject matter gets more complex. For example, the other day my 8th grade daughter asked for help with her physics homework. I have to tell you, I don't remember taking physics in school, and if I did, it wasn't middle school. However, my daughter is taking physics, and she had homework on the subject of velocity. What is velocity? Well, I learned that it isn't just speed. It's speed and direction. For example, let's say you were in a car traveling 50mph (speed), velocity would say 50mph due east.
Of course, to truly understand velocity, I need to put all this physics "stuff" into my world of human resources. So, let's take the recent hot topic of health care reform. I talk to a lot of people who are very curious/concerned about what it all means, where it is going and of course, where it will land. As of this writing, health care reform is still being debated in committees in both the House and Senate. Meaning, there is no actual bill yet for Congress to vote on.
So, let's imagine, health care reform is a car that started traveling 100mph due east for 10 days. Then, it took a sharp turn due south and traveled at 50mph for 20 days. Followed by another sharp turn east at 25mph for 40 days, and a recent turn north at 100mph for 10 days. Now, you might say that health care reform has traveled quite a distance in 90 days. Of course, you might be thinking in geometry terms, like a circle, although it really is a square. However, in physics, we would plot these points on a graph, and what would it tell us? We have traveled a great distance, and are currently at our point of origin. Velocity? If I have my physics right, our velocity of health care reform is zero (0).
On a more serious and practical note, The HR Team is keeping our eyes open for what is happening in Congress and how it will impact our clients. So, stay tuned, and please contact us and let us know your concerns/hopes/fears as it relates to health care reform or any employment related topic.
Alternative Dispute Resolution ("ADR") Seminar - October 28, 2009
Did you know that if you have a legal dispute, you don't necessarily need to go to court? In many cases, issues can be solved through Alternative Dispute Resolution ("ADR").
We will have a lively panel discussion at The Howard County Technology Incubator on October 28th from 9-11am featuring:
Moderated by:
Eileen Levitt, President - The HR Team Location:
The Center for Business & Technology Development 9250 Bendix Rd., North Columbia, MD 21045
Tips will be provided for business owners, CFOs and HR directors on the appropriateness of ADR in their businesses and how and when to best use ADR. Cost is $15 and you can register by contacting Rhonda Clark at rclark@thehrteam.com or call 410-381-9700 x 102.
SWINE FLU
With the recent re-outbreak of swine flu, many of us are wondering what it all means and what to do. As employers, we are responsible for providing a safe and healthy workplace for our employees.
Of course, many wonder, what about privacy laws, etc. As an overall matter, employers should be guided in our relationships with our employees not only by federal employment law, but by our own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.
As a result of all our questions, several health organizations have prepared information for employers to assist with workplace practices and questions that might arise:
Pandemicflu.gov - this web site provides "one stop access" to information from various government agencies including CDC, WHO and HHS. The nice part about the site is that it has a section to provide employers guidance on numerous workplace issues including privacy, unemployment, leave and more.
Of course, The HR Team is ready and able to help clients (and those who should be clients) prepare the necessary policies and tools to navigate this latest challenge.
In addition, we will be holding a flu shot clinic in our building on Friday, October 9, 2009 from 10:00 to 11:00am. The clinic is open to clients, tenants and friends (who are 18 and older) at a cost of $24 per shot. If you would like an appointment, please contact Rhonda at rclark@thehrteam.com by October 2nd to schedule one.
What to Know About Employee Severance Agreements
So what happens when you're faced with the difficult task of lay-offs? Well, in many cases, employers will offer terminated employees a severance agreement. Is this term new to you? Here are a few things you should know...
Simply put, a severance agreement is a legal agreement between an employer and an employee, which stipulates that in exchange for extra money or benefits, the employee will waive their right to sue (i.e., release the employer from all liability) for claims related to the employment relationship, including discrimination claims under civil rights laws. One thing worth noting is that the extra money or benefits offered to the employee cannot simply be that which the employee is already entitled to, like a pension benefit or payment for earned vacation or sick leave. Rather, it must be something of value in addition to the employee's existing entitlements.
Severance agreements (also called separation or termination agreements) can be quite complex, both for employers to put together and for terminated employees to understand. As an employer, you are legally obligated to ensure that any severance agreement you use is written in a manner that is clear and specific enough for the employee to understand, and that acceptance of the agreement is not induced by fraud, improper influence, or any other form of improper conduct.
The moral of the story... we highly recommend that both Human Resources AND a qualified attorney who understands the nuances of employment law be involved. Of course, we here at The HR Team are always here to help you with these difficult transitions.
OSHA Regulations
On July 20, 2009, the Occupational Safety and Health Administration (OSHA) announced its new Site-Specific Targeting (SST) Plan for General Industry worksites with 40 or more employees. The SST Plan is OSHA's primary tool for targeting employers with high numbers of serious injuries and illnesses for on-site inspections. This Plan does not apply to construction worksites or to states with their own state OSHA agency. The 2009 SST Plan is based on employers' OSHA 300 Logs and the OSHA 300A Annual Summary information for calendar year 2007.
OSHA.gov
Federal Contractors Required to Use E-Verify Beginning September 8, 2009
The U.S. Citizenship and Immigration Services (USCIS) is reminding federal contractors and subcontractors that effective Sept. 8, 2009, they are required to use the E-Verify system to verify their employees' eligibility to work in the United States. This applies if their contract includes the Federal Acquisition Regulation (FAR) E-Verify Clause.
E-Verify, which compares information from the Employment Eligibility Verification Form (I-9) (see link to the right) against federal government databases to verify workers' employment eligibility, is a free web-based system operated by DHS in partnership with the Social Security Administration (SSA). The system facilitates compliance with federal immigration laws and helps to deter unauthorized individuals from attempting to work, while also helping employers to avoid employing unauthorized aliens.
The Federal Acquisition Rule; Case 2007-013; Employment Eligibility extends use of the E-Verify system to covered federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds. Applicable federal contracts awarded and solicitations issued after Sept. 8 will include a clause committing government contractors to use E-Verify.
Companies awarded a contract with the E-Verify clause on or after Sept. 8 will be required to enroll in E-Verify within 30 days of the contract award date. E-Verify must be used to confirm that all new hires, whether employed on a federal contract or not, and existing employees directly working on these contracts, are legally authorized to work in the United States.
More information on the program is available on the " E-Verify" web site. E-Verify customer support is also available by calling toll free (888) 464-4218.
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