MONTHLY NEWS - CLIENT CONNECTION

WHAT'S IN THIS ISSUE?
HR
IRS CERTIFICATION!
Your PEO, Resourcing Edge, has become a certified professional employer organization ("CPEO") under the United States Internal Revenue Service's ("IRS") voluntary certification program.  We are one of the first PEOs to achieve this accreditation. 

Resourcing Edge's status as a CPEO brings a number of advantages to you as a client.  
  • As a CPEO, Resourcing Edge assumes sole liability for the collection and remission of federal payroll taxes for the worksite employee wages you report to us.  This means your organization cannot be held liable for any failure by Resourcing Edge to pay federal payroll taxes for all of the worksite employee wages you report to us.
  • As a CPEO client, any federal tax credits that your organization qualifies for belong to you, not the CPEO.  PEOs that are not certified with the IRS may attempt to claim your organization's federal tax credits for themselves.
  • Annually, REI will go through a recertification process to give our Clients peace of mind.  We are bonded to assure all tax matters are covered.
In order for Resourcing Edge to bring you the advantages of being with a CPEO, we need you to execute and return an addendum to your service agreement.  The provisions on the addendum are required by the IRS and are necessary for your organization to enjoy the advantages of being with a CPEO as set forth above.   In addition, we need to you sign a IRS Form 8973, the purpose of which is to inform the IRS that  your organization has a service agreement with us and when it started.  If you have any questions, please feel free to contact your Client Account Manager.  

ASK THE EXPERTS
Do you have an HR question keeping you up at night? The following questions were submitted to our HR Professionals in the past month ... 

Question #1
We have a client who provides different cell phone reimbursements to their employees. Owners and managers receive $100 per month while everyone else receives $50 per month. Is this an acceptable practice or should all employees receive the same amount? 

Question #2
An employee who recently told us that he was unable to make deliveries to a medical facility because he is a germaphobe. Yesterday, this employee reported to work unshaven and not wearing the required uniform. This is a violation of company policy. How should we handle this situation? 

READ THE ANSWERS HERE!

POP QUIZ!
Bickering Managers + Sexual Harassment Complaint = 1 HR Headache

You have two management level employees (Brad and Jennifer) who are constantly arguing. It is no secret they would each like to see the other fired. You heard a rumor that they almost went to blows about a scheduling issue and their screaming match was witnessed by other employees and customers. You plan to bring them both into your office and discipline them for their unprofessional behavior.

Before you get a chance to talk to them, Jennifer comes to your office and complains that two former employees abruptly quit because Brad had created a hostile working environment. Jennifer claims Brad sexually harassed these employees and he had propositioned one of the former employees in exchange for a raise. 

What should you do? 
  1. Do nothing about the sexual harassment complaint since the complaint is hearsay about former employees and continue with the planned meeting regarding the managers' unprofessional behavior; 
  2. Do nothing about the sexual harassment complaint since the complaining manager is not credible and discipline them both for their unprofessional behavior; 
  3. Investigate the sexual harassment and continue with the planned meeting with both managers about their behavior. Regardless of the outcome of the
    meeting with the managers, you cannot discipline the female manager because she brought a sexual harassment complaint to your attention; 
  4. Investigate the sexual harassment complaint and address the unprofessional behavior of both managers. Upon completion of the meeting with the managers, take whatever disciplinary action is appropriate.
Scroll down to find the answer.
EVENTS & MORE
POP QUIZ ANSWER
The correct answer is D: Explanation 

You should take every complaint of sexual harassment seriously, and investigate. Do your best to interview every witness, including the former employees. You should not reject the complaint, out of hand, because you predetermine the complainant is not credible. Once the investigation is completed, take any necessary and appropriate remedial action. 

You should also meet with the managers and discuss their unprofessional behavior. If they do not admit screaming at each other in front of other employees and customers, further investigate the incident. 

If the verbal altercation is confirmed, you should discipline both individuals involved. However, be aware that Jennifer may contend that she was retaliated against because she participated in a sexual harassment investigation. 

The U.S. Supreme Court held in Crawford v. Metropolitan Government of Nashville and Davidson County, Tennessee (2009), that an employee who speaks out or answers questions about a co-worker's improper conduct during an internal discrimination or harassment investigation has engaged in a "protected activity" under Title VII. According to the Court, any adverse action taken against the employee/witness after an investigation can subject an employer to a retaliation claim under Title VII. 

While retaliation may be a viable claim, the circumstances would not seem to support her possible retaliation claim provided that the unprofessional behavior relates to something other than sexual harassment, and is clearly documented by several witnesses including unbiased customers. Prior to taking any adverse action against Jennifer, you should consult with an HR Professional or qualified employment attorney for guidance. 

HUMAN RESOURCES
SICK ON MONDAY AGAIN!?HANDLING EMPLOYEES WHO REWRITE THE WORKWEEK.
HR Stories From The Front Lines

One of the most frustrating aspects of managing employees involves dealing with an obviously bogus excuse for being absent, showing up late, or not showing up at all. What's the best way to address the story fabricator?

Meet Tiffany. When she was hired as a Legal Secretary for DC&H nine months earlier, she told Matt, the HR Director, that she'd work Monday through Friday from 8 a.m. to 5 p.m. For the first six months, she had perfect attendance, ar- rived on time, and never called in sick. That's where the fairy tale ends. 

"I'm Sick" 

Everyone gets sick now and then. Matt knows this, but lately Tiffany's been sicker than most. Wait. Let's rephrase that. In the past three months, she's called in sick eight times in 12 weeks. 

Eight Mondays in 12 Weeks! A Monday here and there, maybe, but even her coworkers have told Matt that's she's been lying just to enjoy long weekends. To make matters worse, one employee even spotted her at an exercise class when she was supposedly "sick." Matt knows he needs to address this, but since he hasn't said anything at this point, he decides to confront her directly...if it happens again. 

The Following Monday

Mondays are tough enough, so when the call Matt is dreading comes in bright and early, he is furious.....


*This example is based on an actual incident; however, names and other organizational details have been changed.

THE KEY TO MANAGING UNMANAGEABLE LEAVE
HR Trends

What is a company required to do when an employee fails to return to work after a leave of absence, but won't respond to the HR Director's repeated attempts to contact the employee? Can the company simply claim that the employee has abandoned their job? Is the company allowed to replace the employee?



*This example is based on an actual incident; however, names and other organiza onal details have been changed.

BENEFITS
IT'S TIME TO GET ACTIVE!
CHANGE THINGS UP

If you feel like your physical activity routine is getting a little dull, join a community sporting league in the fall with a few friends or co-worker. This would increase your physical activity, change up your routine, and build on team mor­al. Start a walking or running group with your co-workers after work and sign up for a local 5k in your area. Join a league and have fun with your physical activity this month. Physical activity doesn't have to mean spending hours a week in the gym on a treadmill or elliptical.  If there is a walking path near you, head to the path for a while after work a few days a week.  Lifting weights or adding strength training is a great way to change up your physical activity routine to provide mus­cle tone and decrease body fat.  As you build muscle, daily tasks will come easier and less taxing on the body!

SO LET'S GET STARTED!!!
  • Each week: 150 minutes of combined moderate intensity or 75 minutes vigorous intensity physical activity.
  • What is moderate? Anything at a 15-20 minute/mile pace. Riding your bike, going for a walk, grocery shopping.
  • What is vigorous? Exercising at 70-85% of your max heart rate. Hiking uphill, swim­ming laps, playing tennis.
  • Exercise helps you: Control your weight, prevent diseases, strengthen both muscles and bones, boost energy levels and promotes better sleep!
For questions the Online wellness tools or the REI Medical Plans, please contact the REI Benefits Department for help at  [email protected].

COMPLIANCE
FEDERAL UPDATES
NEW NLRB RULING = CAUTIONARY TALE FOR EMPLOYERS
Click on any of the above topics to link to the full article or 
STATE UPDATES

ALL STATES: 2017 Mid-year check up

ALL-STATES:  New  laws effective July 

ARIZONA:
  • Are you prepared for the new paid sick time law?
  • Industrial commission of Arizona issues paid sick law FAQs
CALIFORNIA:
  • New DFEH regulations regarding criminal backgrounds
  • Wage statement obligations clarified
  • A new take regarding when law applies to non-residents 
DELAWARE : New law prohibits past salary history inquiries

FLORIDA : Medical marijuana law passed

ILLINOIS: Cook county employers - Are you prepared for the new earned  sick  leave ordinance?

MASSACHUSETTS: Violation of "Blue Laws" may result in triple  damages  

MINNESOTA: Minneapolis and  Saint Paul employers - Are you prepared for the new sick and safe leave laws?

NEVADA:  Pregnant  workers' fairness act

NEW YORK: New wage and hour restrictions for NYC fast food and retail industry employers

TEXAS:  Texting while driving is unlawful

VERMONT:  Accommodations  for pregnant employees

WEST VIRGINIA:
  • Medical Cannabis Act
  • Safer Workplace Act
WISCONSIN : Child labor law requirements

CONTACT US
Main Office: 214-771-4411

General: [email protected]
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HR / Background & Drug Screens:
Benefits Questions:
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Accounting Issues: 
Tax Questions:  [email protected]


Resourcing Edge
info@resourcingedge .com
214.771.4411

Sharp people, sharp solutions.