The Lighthouse Report
Aligning Human Resources
with Business Strategy
picture of Carol Rovello
 
View our profile on LinkedIn
Follow us on Twitter
Find us on Facebook
In This Issue
New OSHA Webtool
Diversity Corner
If Your Employees Ever Work in CA...
Absenteeism Policy Warning
Workplace Violence
Distracted Driving - $$$$
DOL Time Keeping App for Employees
FLSA Update

OSHA Webtool 

The U.S. Department of Labor has announced a new Web tool to help employers understand their responsibilities of reporting and recording work-related injuries and illnesses under Occupational Safety and Health Administration (OSHA) regulations.

 

You may access the OSHA Recordkeeping Advisor

from the DOL web site.



Diversity Corner
Ramadan begins at sundown on July 31st. Employees who observe Islamic traditions may have dietary changes, ask for permission to observe religious practices, or request time off from work.

 

It's a good idea to plan ahead to avoid disruptions to your workplace if you have at least 15 employees you are legally required to provide a reasonable accommodation based on religion whenever it does not create an undue hardship for your organization.

 

If you have an interest in placing an educational diversity exhibit in your workplace, we suggest that you visit the Center for Diversity Education at UNC Asheville.

 

Carol Rovello is Chair of the Center's Board of Directors. 

Workers in California?

If you have employees working in California, you should be aware of the state's unique overtime requirements for work performed by non-resident employees.  

In a recent court case by the California Supreme Court, it was concluded that California's overtime provisions apply to work performed during business trips to California by non-resident employees based in other states.  

 

California has very unique wage and hour requirements and they should be taken into consideration when out-of-state workers perform work within the California boundaries.

 

Alert - Surprising Verdict Related to the Americans with Disabilities Act, as Amended

Our friends at Constangy, Brooks & Smith forwarded on this warning about the ADA. It was written in response to a recent Denny's case that found in favor of employees who exhausted their medical leave and weren't given an extension as a reasonable accommodation. Keep in mind that the ADA only applies to your organization if you have at least 15 employees. 

 

"Having expanded the definition of disability, it appears that employers must now offer extended unpaid leave as an accommodation under the ADA to any employee who qualifies as disabled unless the employer can demonstrate that allowing the leave would create an 'undue hardship."

 

 

"Employers should check their absentee policies and allow for extended leave under certain circumstances. No longer will an employer be able to argue that attendance is an 'essential function of the job."

 


"Employers should never terminate an employee automatically after the employee has exhausted allowable leave. Once it becomes apparent that an employee may need extended leave, the employer must engage in an 'interactive process' to determine if unpaid leave is possible and under what conditions."
Michele Rippon, Esq

Constangy, Brooks & Smith


Quick Links

Our Website 

   

US Dept. of Labor

 
 EEOC

 

IRS Business Page

 

NC Department of Labor

 

NC Employment Security Commission 

(unemployment) 

  

NC Industrial Commission  

(workers compensation) 

 July 21, 2011   
Greetings!

I know it's a surprise to get another Lighthouse Report from us so soon after the last one. We thought you might appreciate getting this additional information sooner rather than later. Our goal is once a month, with an occasional postcard to inform you about more urgent or time sensitive topics. So, no worries that we will be inundating you all of a sudden with newsletters. :) 

 

Cady Barrett, our Administrative Assistant, has pulled me into the 21st century by updating and coordinating our social media outlets and teaching me how to use them more effectively. (I am still learning.) Many of you have connected, followed, and/or friended us and we look forward to the ongoing dialogue. We will continue to do our best to provide meaningful, timely information.  

 

picture of Carol Rovello  

 Please let us know anytime we can assist you with an HR or organizational question or project. 

   

 Warm regards, Carol

 

 Carol Rovello, SPHR 

 SWS President 

Prevent Violence in Your Workplace  

Workplace violence is a serious concern for most employers, in both private and public sectors. The media just scratches the surface of workplace violence by only reporting sensational issues, usually involving guns and homicides. Because homicide remains a rare occurrence, employers and employees have adopted a "that couldn't happen to my workplace" mentality. This  reflects a misunderstanding about what "workplace violence" means and how to prevent it from happening to you in the future.

 

According to the Bureau for Labor Statistics nearly five percent of the 7.1 million private businesses experienced an incident of workplace violence. The National Center for Victims of Crime reported that one out of six violence crimes experienced by U.S. residents occur at work.

 

CLICK HERE for more details on this topic. 

 

Guns in the Workplace

 

In the last decade, 16 states have enacted laws that prohibit employers to prevent their employees from bringing guns to work and storing them in their cars in the parking lot. In a study published in the American Journal of Public Health, it was concluded that job sites that allow guns are five to seven times more likely to suffer homicides and violence than locations that have banned all guns.  

 

This year, a bill was presented to the NC General Assembly that would have made NC the 17th state to restrict an employer's right to prohibit guns at the workplace. Although the bill didn't pass, it was only by a very narrow margin - this issue is likely to come up again. If you are an employer in North Carolina and have a strong feeling about this issue, contact your local representative.

 

Sources: American Journal of Public Health, Center for Disease Control, bNet, Bureau of Labor Statistics, National Center for Victims of Crimes

 

Drive Safer, Talk Later

You have probably used a cell phone while driving. It's also likely that your employees have done the same. What happens if they are are using their cell phone while driving a company vehicle or while driving their personal vehicle for company business?

 

These days, everybody is busy - that drive time may seem like the perfect opportunity for catching up with work and/or personal calls. Employees, who are conducting their business calls while driving, however, are putting the company at risk for huge liability. Employers around the country have found themselves swamped in litigation over accidents related to cell phone usage by their employees. Furthermore, as an employer, if you don't train or warn your employees about the risks of cell phone use while driving, you may be held directly responsible. (This is as much of a concern for work calls made while driving as personal calls made while driving for work.)  

 

According to the National Highway Traffic Administration 5,474 people were killed and 448,000 were injured in accidents involving distracted drivers in 2009. The Department of Transportation (DOT) and OSHA have partnered to educate individuals and organization about distracted driving. VISIT THIS SITE for more information.   

 

In addition, OSHA has a new tactic to prevent driving related accidents in the workplace. The agency's enforcement program will involve OSHA investigating motor vehicle accidents and cell phone records associated with the company. The agency will fine employers where an accident involving distracted driving occurred. This new approach is being called the "Distracted Driving Initiative" and it will hold employers responsible when cell phone related accidents occur.

 

You must clearly define your expectations of employees' use of cell phones while driving by having a firm policy on the issue. VISIT OUR SITE for more resources related to prevention of distracted driving. 

US Department of Labor Introduces New Way for Employees to Record Hours  

The Department of Labor has launched a new mobile application with a smartphone app that will help employees independently keep track of their hours and wages. Currently, when the app is downloaded, the employee can pick from either English or Spanish to be used with the app. This new time sheet application allows for employees to log their work hours, break times, overtime hours, and vacations. By implementing this resource, the DOL has provided ways for employees to view summaries of work hours by day, week, or month.

 

Using this app, employees can also email their summaries of work hours or gross pay as attachments to their employers, look up  links to the DOL website, and add comments to their time sheets. The DOL's purpose for introducing this new resource is to encourage employees to keep track of their own employment information in case their employer is not maintaining accurate records or if there is a dispute.   

 

Secretary of Labor Hilda Solis said in a press conference, "This app will help empower workers to understand and stand up for their rights when employers have denied their hard-earned pay."  

  

For you, as the employer, this app is a red flag - you should confirm that you are accurately recording employee hours and paying your employees correctly.

 

Source: Department of Labor

 DOL updates FLSA 

While the Fair Labor Standards Act (FLSA) has been changed many times by Congress and the Courts, the Department of Labor (DOL) recently made their own revisions that specifically effect employers who pay their employees based on the fluctuating workweek method and employers who take the tip credit. Although these changes became effective in May, we have had some recent questions about them.  

 

We reported about the tip credit changes in a prior newsletter. If you don't have that information, CONTACT US and we will be happy to resend it. 

 

Here's a fluctuating workweek synopsis. We have included a link for more detailed information at the end. Anytime we have asked Jon Yarbrough, our employment law attorney, about using this method, he reiterates extreme caution. 

 

Under the fluctuating workweek method, salaried nonexempt employees who work irregular hours on a regular basis receive a straight-time salary for all hours worked during the week. Overtime is then paid at one-half their regular rates for all hours worked over 40 in one week. For the employers, there are drawbacks to this method: 

  • Pay deductions can't be made if employees work fewer than 40 hours in one week.
  • The more overtime hours the employee works, the lower their regular rates.
  • Prohibits employers from paying bonuses or premiums to employees who are paid by this method.

This method applies to employees who meet these requirements: 

  • Has employees who truly work irregular hours.
  • There has been clear communication between the employer and the employee as to how this method works for them.
  • Employees' salaries can't be reduced below minimum wage.
  • Employee's overtime rate can't be less than one-half their regular rates.

For more information, CLICK HERE


Our Approach to Working with Clients 

 

people shaking hands We consider ourselves to be your human resource (HR) partner, so we strive to work collaboratively with you on every project. When we work together, we can identify issues and formulate recommendations hand-in-hand to best assure the attainment of your objectives.

 

We provide a broad range of human resource (HR) and organizational development (OD) services and programs. THIS LINK will take you to our website home page where you will find a listing of services.

 

Fee free to CONTACT US for more information.



TSES Informational Flyer for Companies

Hot off the press information flyer from the Department of Veteran Affairs. Veterans can now be screened by a vocational professional to find jobs matched to their skills and job requirements. 

 

Download the flyer for more information:  CLICK HERE


Join Our List
Join Our Mailing List

SWS inc.