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McCabe Consultants: | |
- HR Assessments
- Human Resources Programs and Management
- Handbook and Policy Manuals
- Employee Relations
- Performance Management
- Compensation/Benefits Analysis and Administration
- Safety Compliance
- Affirmative Action Plans
- Training and Development | |
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Did you Know?
A record 99,922 private-sector workplace discrimination charges were filed with the U.S. Equal Employment Opportunity Commission during fiscal 2010.
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HR Tip of the Month
Review Your Application Process
To help eliminate any appearance of discrimintaion, periodically review yu employment appliations and interview questions checklist. this way you focus on an applicant's knowledge, skills, and abiltiies for the job and availibiltiy for attendance based on the required work hours. |
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Contact Us
T: 818.704.7838
F: 818.337.7482
McCabe Consultants |
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Greetings!
Happy New Year from McCabe Consultants. We hope everyone has a healthy and prosperous year. |
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HR Alert Reminders
Red Flag Program Clarification Act of 2010. Effective December 31, 2010, the Red Flag Program Clarification Act of 2010 exempts most healthcare providers from being considered "creditors" subject to the Red Flag Rule. The Rule requires financial institutions and creditors to implement programs to identify and address trends, practices, and activities relating to potential identity theft.
2011 IRS Mileage Rate Increase. Effective January 1, 2011, the standard mileage rates for the use of a car (including vans, pickups or panel trucks) is 51 cents per mile for business miles driven, 19 cents per mile driven for medical or moving purposes, and 14 cents per mile driven in service of charitable organizations.
EEOC Final GINA Regulations. Effective January 10, 2011, it is unlawful for a covered entity to disclose genetic information about applicants, employees or members. Covered entities must keep genetic information confidential and in a separate medical file. Employers also need to ensure that their policies and workplace postings include references to nondiscrimination on the basis of genetic information, and prohibit acquisition of genetic material on company systems.
New Donor Leave. Governor Schwarnegger signed The Michelle Maykin Donation Protection Act. This new law applies to all employers with 15 or more employees and provides another right for an employee to take leave in California. The law requires employers to allow employees who are organ or bone marrow donors to take a leave of absence with pay.
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The ABC's for an EEOC Complaint
According to the U.S. Equal Employment Opportunity Commission (EEOC), during the 2010 fiscal year, the number of workplace discrimination charges filed jumped dramatically to 99,922 filings. The EEOC enforces discriminatory employment laws such as discrimination based on age, race, gender, sexual orientation, and disability. While the most frequently filed charges deal with race , sex, and retaliation, the biggest increases dealt with retaliation charges. No matter how small a complaint seems, every employer should take every employee complaint seriously.
An employee's first step in alleging workplace discrimination is filing a claim with the EEOC. How your company responds to the claim is crucial! If you are presented with a claim, the following is a basic guideline of what the EEOC wants from you:
- Cooperation. Acknowledge receipt of the claim, and pose any questions with the investigator about the process. Be sure to meet any deadline as best as you can. If you foresee a delay, be sure to let the investigator know and explain the situation.
- Information. Evidence is key. Developing a good report with solid evidence with recommendations and actions taken of how your company took action to address the situation. Remember however, that same report can be used against you if you the investigation was not conducted properly. To help mitigate your risk you may want to work with legal counsel or at least an HR professional to review the issue.
- Communication. Once you have completed your investigation, inform the EEOC of the outcome in a "position statement." A position statement is your written explanation of non-discriminatory reason for having taken adverse employment action about which the employee filed the complaint. Some items would include the company EEOC policy statement and evidence of nondiscrimination.
Remember no matter how bullet proof your employment policies and practices may be, an employment claim may still be handed to you. At the same time, taking these claims seriously and conducting investigations can mean the difference between preventing an EEOC claim and spending potentially thousands defending it. |
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Question and Answer
Question: What does termination due to "gross misconduct" mean?
Answer: A widely accepted definition of gross misconduct is workplace behavior that is illegal, dangerous, deliberate, willful, reckless, extreme or outrageous in nature. Examples of gross misconduct include organized embezzlement, planned tampering of safety equipment, and physical acts of violence against a customer.
Some examples of workplace behavior that the courts have determined that do not constitute gross misconduct are simple policy violation, poor attendance record, workplace negligence, and incompetence. One item to consider when making your decision is that, if your decision is ever challenged, the court will likely only consider the workplace behavior that immediately preceded the termination as the deciding factor in the termination decision. Therefore, it may only be the final offense that is considered when determining whether the termination was for gross misconduct.
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Quote of the Month
Success is measured in terms of reaching your goals, dreams, and expectations. Your success is determined by hard work, persistence, and determination. If you are going to be a success in life it's all up to you...it's your responsibility.
- Will Horton |
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HR Hot Topic
2011 Payroll Tax Cut For Employees
The 2010 Tax Relief Act reduces the employees share of Social Security withholding two percentage points from 6.2 percent to 4.2 percent for wages earned during the 2011 calendar year. Many employees can expect to see an increase in their take home pay. Note: Employers will not have to take any action as a result of the extension. Other changes in the new law affect commuter benefits and on-site childcare. Commuter benefits have been extended to encourage employees to use mass transit to get to work. The maximum benefit was increased from $120.00 to $230.00 dollars through 2011.
On-site childcare benefits extends the 25% tax credit employers may take qualified expense related to providing childcare facilities to employees. An extra 10% credit is allowed for childcare resources and referral services. |
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About McCabe Consultants
When it comes to Human Resources expertise, knowledge is POWER!
When you add our expertise, support, and guidance to your team you can be confident you have the HR expertise you need to mitigate your risk and exceed your business goals. We do so much more than HR! Our goal is to help you build a stronger and profitable business so you can have peace of mind and enjoy the fruits of your labor. All for a reasonable fee. Sincerely,
McCabe Consultants |
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