HR Matters May 2011

In This Issue

Internships

Improperly classifying an individual as an unpaid intern instead of a paid employee increases an employer's wage and hour compliance liabilities. To help minimize your company's risks of unnecessarily owing unpaid wage and overtime, the DOL has developed an intership guide to address employers questions.

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McCabe Consultants

HR Matters-May 2011

Greetings!

Spring is in full bloom and as the weather heats up the HR world is heating up as well. Remember we are here to help you with your HR needs. Check out the rest of the issue and give us a call if you need anything.

Also, I want to tell everyone about our new Facebook page. Check it out and tell us what you think. Have a wonderful Memorial Day weekend and remember were are just an email or phone call away to help.

Victoria

HR Alert Reminders

EEOC Final ADA "Disability" Regulations. Effective May 24, 2011, final regulation issued by the U.S Equal Employment Opportunity Commission's (EEOC) issued expand how the definition of "disability" is interpreted under the American with Disabilties Act (ADA).

USCIS Final Rule on Form I-9. Effective May 16, 2011, final rules from the U.S Citizenship and Immigration Services' (USCIS) include a prohibition of employers from accepting expired documents, revision of the acceptable documents list, and removal of outdated documents when completing the Employment Eligibility Verification Form I-9.

Update FLSA Regulations. Effective May 5, 2011, final rules issued by the U.S Department of Labor (DOL) update regulations relating to the Fair Labor Standards Act (FLSA) and the Portal-to-Portal Act. For more informtion, please review the feature article below.

SSA Issuance of "No Match" Letters. On April 6, 201, the Social Securtity Adminitration (SSA) reintroduced the issuance of social security no-match letters to notify an employer (and the affected individual) that the social security number information reported by the employer does not match the informion in the agency's database. The letters give employers and employees notice of a discrepancy, so that employee earnings can be credited to the right individual and social security benefits can be calculated correctly.

Fundamentals of a Social Media Policy

In a recent report, 13 billion businesses having a URL reported 7 percent have internet traffic going to Facebook. Chances are, on any given workday, your employees are online. Businesses that do not have a social media policy that explains the dos and don'ts expose themselves to significant risk.

There are several reasons why businesses should have such a policy.

1. Blogging: As defined, blogging is the posting of information (both personal and professional) on a site. This includes Facebook, Twitter, chats rooms, etc.

2. Electronic Media: An Electronic Media and Monitoring Policy addresses when and how to use company electronic equipment. A key component of this policy addresses a zero privacy expectation which is critical in defending certain allegations.

3. Social Media Guidelines: Does your company have a sponsored website? If yes, you may have a Facebook link were employees are allowed to post comments. How are you protecting yourself?

4. Social Networking: This part of the policy addresses how employees are to represent your business or speak about the company while off duty.

Good News! The law permits employers to regulate and even prohibit employees from engaging in online social activity while on company time or property. You can also limit employees from stating disparaging remarks as well.

Wording is a key factor to consider when interpreting and defending any policy. In this case, here are some best practices to consider as well:

· Keep social media policy in line with all other company

policy.

· Identify inappropriate behaviors such as bullying, embarrassing comments, vulgar, threatening, or harassment of others.

· Information regarding clients, operation practices, and projects cannot be discussed.

· Employee should not expect any privacy while using company property.

· Have legal counsel review the policy prior to distribution.

Creating and introducing any new policy can seem overwhelming. With social media is gaining momentum do not under estimate the importance of this policy. If you need assistance contact your legal counsel or HR Professional, and get started today!

Question and Answer

Q. What steps for disciplinary action of an employee are required by law?

A. There are no steps to follow by law. However, in the case of disciplinary issues, the employee should (1) be made aware of the issue, (2) be given standards to meet, and (3) be warned of further consequences if correction is not shown within a reasonable time. If an employee gross misconduct issue exists, then immediate termination may be considered acceptable.

If an employee is subject to formal disciplinary action, be sure to document thoroughly. Some common items to capture as part of the documentation include:

Name of the person preparing the document,
Name of the employee to be disciplined,
Date of the document/confidential stamp,
Date of the policy/performance violation,
Date of any prior warnings regarding the issue,
Statement of the specific policy/standard violated,
Identification of the employee's awareness of the policy/standard violated,
Corrective action or penalty to be imposed,
Articulation of future performance expectations, and
Time frame for review of performance

For serious and or complicated situations consult with legal consel and your HR Professional for guidance.

Quote of the Month

"Continuous learning is the minimum requirement for success in any field."

Denis Waitley

HR Hot Topic

DOL Develops Wage and Hour App!

The Department of Labor recently announced a free smart phone application that allows employees to track hours worked and owed to them. In addition, the app has a "contact us" button to address questions employees may have.

Not sure if you are following the rules! Contact us today to set up a Wage and Hours Assessment. Better to be safe than sorry.

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 more profitable business so you can have peace of mind and enjoy the fruits of your labor.

Sincerely,

McCabe Consultants

For the past 8 years McCabe Consultants has enjoyed its role as a premium HR provider for innovative management solutions. Our customized solutions: Human Resources, Risk Management, and Compliance makes us an invaluable partner for any organization. Feel free to contact our team of helpful professionals at 818-704-7838.