LOGO - header HR Matters

 February 2012
Greetings!

Welcome to Kiesling Associates' monthly HR Matters newsletter.

  

Kiesling Associates is a CPA & Consulting firm in business since 1952. Our niche is in providing HR services to small and mid-sized organizations. We will provide proven solutions to enhance your business while allowing you to spend more time concentrating on operational matters.
 
Sincerely,                                          Sincerely,
 
 
Brian Blahnik                                     Christie Hennessey
Kiesling Associates LLP                     Kiesling Associates LLP

 

Welcome to Kiesling's New HR Manager

 

We are proud to introduce a new HR Manager in our West Des Moines office, Christie Hennessey. Christie has more than 8 years of human resource experience with a wealth of knowledge in recruiting, policy management, training, performance management, amongst other things.

 

In her previous position, Christie had managed the Human Resources function for a rapidly growing company in West Des Moines, IA where most notably she had recruited and on-boarded 300+ employees over a three-year period. Christie has her PHR (Professional Human Resource) certification and a Bachelor's degree in Business Management with an emphasis in Human Resources. She continues to increase her Human Resources knowledge and stay on top of current trends by attending seminars, conferences and being involved in both the state and national SHRM chapters.

 

Christie is excited to integrate her experience and education into solutions for Kiesling Associates and its clients.

 

With the talented skill-sets of Christie in West Des Moines and Brian Blahnik in Madison, please do not hesitate to contact either with any HR related needs or issues.

 

 

 

What Now?

 

2011 OSHA Recordkeeping Annual Summary Must Be Posted By February 1, 2012

All employers maintaining the Occupational Safety and Health Administration's 300 Logs for workplace injuries and illnesses pursuant to OSHA's recordkeeping standard should have posted their 2011 annual summary by February 1, 2012. Employers must utilize the annual summary form (form 300A) when complying with the posting requirements. The form is available for downloading from the OSHA website. The posting period is for three months, from February 1st to April 30th. The 300A summary must be posted in each establishment in a conspicuous place or places where notices to employees are customarily posted.

 

EEOC Charges Continue to Rise

Private Sector EEOC (Equal Employment Opportunity Commission) Charges Reached Record High in 2011According to the newly-released enforcement and litigation statistics, private sector employees filed a record number of charges with the Equal Employment Opportunity Commission in 2011. A total of 99,947 charges of employment discrimination were filed with the EEOC in the 12-month period ending on September 30, 2011. Through its enforcement, mediation and litigation programs, the EEOC obtained a record $455.6 million in relief for employees and applicants in 2011, an increase of more than $45 million from 2010.

 

HIPAA Audits for 2012

In 2012, the Department of Health and Human Services (HHS) will begin auditing employers for compliance with HIPAA's privacy and security regulations. HIPAA, or the Health Insurance Portability and Accountability Act of 1996, covers employers who maintain either physical or electronic documents containing "protected health information," or information created by a health care provider that concerns an individual's physical or mental health.

 

Given the ever-changing nature of HIPAA and potentially high penalty for non-compliance, employers should review their existing HIPAA privacy and security procedures to ensure compliance with current federal regulations - and, if none exist, determine whether such procedures must be implemented.

 

NLRB Poster Requirement Delayed Again

The National Labor Relations Board has agreed to postpone the effective date of its employee rights notice-posting rule at the request of the federal court in Washington, DC hearing a legal challenge regarding the rule. The new implementation date is April 30, 2012.


Union Membership Increases

Union membership rose during 2011 by 49,000 workers, up to 14.8 million people, but the percentage of workers who were members of a union dropped slightly from 11.9 percent to 11.8 percent, according to a Jan. 27, 2012, release from the U.S. Bureau of Labor Statistics.

 

The largest increases in union membership were in construction, health care services, retail trade, primary metals and fabricated metal products, hospitals, and transportation and warehousing, according to the AFL-CIO.

 

 

Communicating Terminations Effectively

 

Losing a job is a traumatic event for most and may trigger anger, humiliation and sadness. Some employees who are otherwise calm, rational individuals may react negatively to a termination or challenge the decision. Yet, if terminations are handled appropriately and with respect for all parties involved, the process should be smooth. In addition, the employees who remain employed at the company will not feel threatened or have negative emotions towards the employer.

 

Communicating Terminations Effectively

  • Respect the person being terminated regardless of the circumstances for which they are being let go. By ensuring confidentiality and facilitating constructive discussion, you are showing the terminated employee and your existing employees that you care.
  • Do not justify the reason for terminating individuals if you get a backlash from remaining employees. This violates the confidentiality of the situation.
  • Offer employees the opportunity to resign as opposed to being terminated, if possible. For instance, alert an employee that his/her performance is not up to par any longer and then give him/her the opportunity to look for a new job and resign from the current position. Most people who are not performing well know it and giving them the chance to resign is a saving grace.
  • The hiring manager should be responsible for terminating an employee. Though a representative from Human Resources or the legal department may be witness to the termination, the hiring manager should discuss the reasons for termination.
  • Keep employees informed when they are not meeting performance expectations. If you do not, performance expectations are lowered and may cause confusion when employees are terminated for performing poorly without being warned first.
  • Do not insist that employees leave the premises immediately after being terminated or require that they are escorted out by security (unless a threatening situation arises). Ask them to leave on their own, quietly.
  • If an employee refutes the termination, the hiring manager should emphasize that the company has made this business decision and that it is final.
  • After the termination, review why that candidate was initially hired to avoid making the same hiring mistakes again. 

Avoiding Lawsuits

At times, employers can be faced with legal headaches as a result of statements allegedly made during terminations. To avoid these lawsuits and protect your organization, always have two staff members present when terminating an employee. That way, one of the employees will serve as a witness to what occurred during the confidential meeting. It is also wise to avoid extensive conversation with the terminated employee, as most suits arise as a result of the statements made during the actual termination and the reasons for which the person was let go. Though minimal discussion about the reason for termination is unavoidable, keep this conversation short.

 

Communicating terminations is one of the least enjoyable responsibilities that many individuals hold. Management-level employees must make protecting the organization a primary priority while also trying to respect the employee being terminated. Balancing both of these responsibilities will yield the best results, both for the organization and the employee.

 

© 2011 Zywave, Inc. All rights reserved.

 

 

Our firm provides the information in this e-newsletter for general guidance only, and does not constitute the provision of legal advice, tax advice, accounting services, investment advice, or professional consulting of any kind.  The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, or other competent advisers.  Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation.  Tax articles in this e-newsletter are not intended to be used, and cannot be used by any taxpayer, for the purpose of avoiding accuracy-related penalties that may be imposed on the taxpayer.  The information is provided "as is," with no assurance or guarantee of completeness, accuracy, or timeliness of the information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose.

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In This Issue
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Handbooks/Development

 

 

 

Business Insurance Experts

 

 

Brian Blahnik, PHR

Sr. HR Consultant
608-664-9110

 
 

Christie Hennessey, PHR   

HR Manager
515-223-0159