The Lighthouse Report
Aligning HR
with Business Strategy
picture of Carol Rovello
 
In This Issue
HR Document Package
Employment Posters
Health Care Tax Credit
Bullying Prevention
Change Leadership
Using Interns
FLSA Amendment
Using Independent Contractors
Records Retention
Pre-Employment Screening
new
HR Basic Document Package

SWS has rolled out its Basic HR Document Consulting Package for business owners who don't have a human resource professional on staff.

This package includes nine customizable templates, a suggested employee handbook table of contents, and a one-hour consultation to help you understand these documents and adapt them to suit your business.

Want more information?

 CONTACT US
 
HR Posters

Many employment laws require the posting of notices in a location where employees, and sometimes applicants, can easily read them. You can access these posters by going to the regulatory agency's website.

There are also a number of companies that offer a poster subscription service. Some employers prefer this approach because the provider lets you know whenever a change has resulted a new poster.

We have a number of NC DOL poster sets in the office. If you need the most current version (dated 8/09), CONTACT US and we will be happy to send a set to you.

If you are not sure which federal poster requirements apply to your organization,
CLICK HEREto go to the US Department of Labor Poster Advisor page.
Small Employer Health Care Tax Credit
Do you have fewer than 25 full-time equivalent
employees?

Your small business or tax exempt organization may be eligible for a tax credit for providing health insurance for your employees.

CLICK HERE for more information.
 
Bullying Prevention

Last year, the Center for Diversity Education fostered an understanding about bullying and prevention strategies through its research-based exhibit, The Pecking Order.

The bullying experience does not end in childhood. Instead, it is repeated in workplaces across the country, negatively impacting organizational performance.

The Center is now participating in the Safe Schools for All Initiative. Asheville events are scheduled for April 28 - 30.

CLICK HERE for details.
 

Strategic Workplace Solutions News


As part of the Asheville Chamber's Small Business Week celebration, the nominees for the 2010 Small Business Leader were announced. Carol received a certificate in recognition of her nomination. We also congratulate fellow Executive Association of Greater Asheville (EAGA) member, John Miles on his recognition as well.

SWS is proud to be a corporate sponsor of the WNC Human Resource Association. If you are a Human Resource Professional, but have not yet joined the WNCHRA, CLICK HERE for more information about membership.
April / May 2010
Greetings!
 
After the cold and snowy winter, it is so refreshing to have these warm days of spring. I hope you are enjoying this beautiful weather, even the rain, as much as I am.

picture of  Carol Rovello
I hope you find something of interest in this newsletter. Since we provide just a glimpse of a fraction of possible topics, let us know if you need more information and we'll do our best to help you or steer you in the right direction.

And, if we can ever be of assistance, please let me know.

Warm regards,
Carol Rovello, SPHR

SWS Article Selected for Publication
Becoming an Effective Change Leader

Carol's recent article, "Becoming an Effective Change Leader," was selected for publication by NCSHRM. You can find it in the Spring/Summer issue of NC HR Review.

If you do not receive this professional magazine CLICK HERE to access the pdf version located on our website. Look for the Organizational Development heading.
Unpaid Intern Alert
You may have been reading about the increased use of interns by businesses.

BE AWARE that for-profit organizations can only use unpaid interns under narrowly defined circumstances, such as when the internship is part of a bona-fide academic program.

If you have a business and are considering the use of unpaid interns, CLICK HERE to visit the US Dept. of Labor Fact Sheet related to this issue. To be sure you comply with these rules, you may want to contact your local college or university to see what internship programs are available to you.
Patient Protection and Affordable Health Care Act Includes Fair Labor Standards Act Amendment
As you know, President Obama signed the Patient Protection and Affordable Health Care Act on March 23rd. Some changes are effective this year while others are phased in over several years. We suggest that you talk with your health insurance provider, accountant, or benefits consultant to get detailed information about healthcare changes that will affect your business.

A less publicized provision in this Act amends the Fair Labor Standards Act (FLSA) to require employers to provide breaks to nursing mothers for the purpose of expressing milk (for nursing children up to 12 months old). These breaks can be unpaid, regardless of length. The employer must also provide a private place for this purpose, other than a bathroom. This provision applies to employers of all sizes, but if you have fewer than 50 employees, you don't have to comply if you can demonstrate that doing so would create an undue hardship for your business.

The District of Columbia and many states have breastfeeding/nursing laws that apply to employment. As with most employment legal requirements, you are required to follow whichever law is more favorable to your employees. For your convenience, we have provided a link to the related DC/state laws. CLICK HERE to see if there are applicable requirements for your location(s)

See the left column below for information regarding the Small Business Health Tax Credit if your organization employees fewer than 25 full-time equivalent employees.
Employee or Independent Contractor?
Many organizations choose to utilize independent contractors instead of, or in addition to, employees. We find, however, that a number of these "independent contractors" are really employees, as defined by the IRS. In fact, when the IRS evaluates classifications, a high percentage (as high as 90% in some years), are overturned. Misclassification creates a substantial liability risk for your business - payroll to meet minimum wage and/or overtime requirements, payroll taxes, workers compensation obligations, penalties, interest, etc.

In March, the US Department of Labor Secretary announced a Misclassification Initiative. This means that more resources have been allocated to step up investigations into independent contractor classifications. If you have been using independent contractors, this is a good time for a review. We post four hand-outs for evaluating employee vs independent contractor status on our website. CLICK HERE and look for Complimentary Documents to Confirm Worker Status in the middle of this web page.
Records Retention
We are often asked how long an organization has to maintain employment-related records. Since different federal and state laws require different retention periods, we are sorry to say there is not one simple answer. When more than one applicable law dictates a record retention period, you should comply with the longest required period.

Upon our request, SHRM provided us with a resource for determining federal and state record retention requirements. This web page is dated 12/08, but it is the most current at-a-glance chart we could find. We hope you find it useful. And, keep in mind that government contractors may have some longer retention periods than appears on this chart.

CLICK HERE to access this web page.

REMEMBER - you must always shred employment-related records when you are no longer required to keep them. Don't just discard them.
Pre-Employment Screening, Why Bother?
Pre-employment screening protects your employees, customers, and organization. When you let employment candidates know that you will be conducting a criminal background check, those with troublesome convictions will often self-screen, saving your time and money. Screening can help you defend against negligent hiring complaints because you have taken an appropriate step to avoid hiring individuals who could cause harm to others associated with your organization.

person-checklistEmployers typically reserve this screening step for their final candidate. Determine which screening factors (i.e. criminal convictions, driving record, academic credentials) are pertinent for each position and consistently follow your guidelines. Restrict access to these reports to only those who have a legitimate need to know this information.

Mind Your Business, Inc (MYB)

Through our strategic affiliation with Mind Your Business, Inc (MYB), we now offer a broad range of pre-employment screening services. This web-based service is comprehensive, user friendly, and competitively priced. If you have been thinking about adding this step to your selection process OR if you are getting ready to rebid this service, please keep us in mind. REQUEST A QUOTE.
In Closing, 
As you know, there are many more timely HR/OD issues than we could possibly include or address comprehensively in our newsletters and announcements. So, please keep in mind that the information we provide is never intended to be all-inclusive or to substitute for professional advice.

We always appreciate your feedback. Please let us know if there is a topic you would like us to address in future newsletters, and we'll do our best to fit it in.

Until our next newsletter, enjoy this beautiful weather!

Regards, Carol

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