The HR Daily Advisor recently included a very useful reminder about the most common manager "goofs" that lead to employment lawsuits.  Here is the list: (1) inappropriate questions asked during applicant interviews; (2) botched background checks; (3) EEO-1 form errors (note the new form this year); (4) incorrect overtime exempt/nonexempt classifications; (5) ignoring employee complaints of possible problems; (6) supervisor ignorance about employment laws; (7) being unduly "thrifty" in providing reasonable accommodations (HR Advisor says when in doubt, favor the worker); (8) unduly casual responses to government inquiries about possible compliance problems; (9) retaliation and actions that may be perceived as retaliatory; (10) discharges not justified by consistent and complete documentation; (11) missing or inadequate documentation generally.  Keep these points in mind as you prepare employment law training programs for your supervisors and otherwise try to minimize the risks of such lawsuits in your workplace.

Employee contributions through payroll deductions, especially for employees with dependents can add up to many hundreds of dollars per month and thousands of dollars per year. Add in additional out of pocket expenses for deductibles, copays, and exorbitantly priced, slickly marketed prescription drugs and what you have in effect is a growing percentage of employee compensation (and employer gross income) being allocated to health insurance expenses. A survey released Tuesday, August 28 of 1,223 employed U.S. adults by Harris Interactive and sponsored by human resources software firm Kronos, found exceptional health care coverage to be the most desired benefit currently not offered by employers. Among benefits employees currently do not have, 100 percent coverage of health care costs by the employer is considered a more desirable benefit to employees than competitive salary. The other dark side to the health care crisis in this country is that more and more employers simply cannot afford to provide coverage to their employees. The Census Bureau reported Tuesday, August 28, that the percentage of people covered by employer-based health insurance decreased to 59.7 percent in 2006, from 60.2 percent in 2005, a factor contributing to the rise in the number of uninsured throughout the population. The percentage and number of uninsured Americans rose in 2006 to 15.8 percent, or 47 million, up from 15.3 percent, or 44.8 million, in 2005. Similarly, the percentage of children under 18 without health insurance increased to 11.7 percent, from 8.7 percent in 2005. The percentage of Americans covered by government health insurance programs dropped to 27 percent, from 27.3 in 2005. The high cost of health insurance has for years been a top concern for American businesses.

The House of Representatives recently voted to overturn a recent United States Supreme decision limiting the time for bringing equal pay sex discrimination claims. The bill now goes to the Senate.  Both Houses of Congress are also considering bills to overturn some other Supreme Court decisions clarifying and limiting the Americans with Disabilities Act (ADA).  A House Committee has unanimously approved a bill to prohibit employers from displaying Social Security numbers in any public manner.  Finally, the word on Capitol Hill in Washington is that Congress may consider raising the minimum wage again, this time to $9.50 per hour.  Current law will raise the minimum wage to $7.25 per hour in three 704 increments (effective July 24 of 2007, 2008 and 2009).  

Chances are you know someone who works for the Federal Government. The US Government is the single largest employer in the United States. Can you imagine being asked to conduct a human capital effectiveness survey of civilian Federal employees? How would you even begin to know how to reach everybody? Well this is exactly what the U.S. Office of Personnel Management does every year. The results for the 2006 Federal Human Capital Survey were recently published (http://www.fhcs2006.opm.gov/). I was particularly interested in the section focused on “Performance Culture, Items 22-35”. I have no knowledge of how the countless Federal Government agencies track, measure, report, and evaluate employee performance. I’d love to get them all set up with Performance Pro but so far everyone we call says they are not the right person to talk to and put us through to someone else’s voicemail. Here is a shameless plug . . . Call me. We can help.

According to the international benefits consulting firm Watson Wyatt Worldwide, the number of employers providing adoption benefits to employees is increasing dramatically. The Watson survey showed that 50% of employers offered some form of adoption benefit, which is up from 37% in 2003. While the survey’s focus is on larger employers (Watson’s target client base) it certainly reflects a trend that will trickle down to midsize employers as well. Employers are helping with various adoption-related costs, including legal fees, and providing paid time off. Note, however that employer paid adoption payments are taxable, unlike health insurance used to pay pregnancy expenses.

HR managers can never rest. It’s just one crisis after another. Apparently the next looming crisis could come from the snack aisle. The culprit is popcorn…burned popcorn. Reports of triggered fire alarms, dispatching of fire crews, evacuated buildings, destroyed microwaves, and complaints regarding “noxious lingering smells” resulting from inattentive or improper popping seem to be circulating. The Associated Press reports that Seattle officials have distributed memos to employees outlining the serious costs and impacts of wayward popping. While a popping ban has yet to be implemented, city officials have indicated it is possible if popping behavior doesn’t improve. Can a popping policy be far behind?

One wouldn’t normally think of August as a month associated with college graduation. I never did. At least until this week. A month or so ago I received a ‘summer term’ graduation announcement from the eldest son of family friends, who is graduating from Brigham Young University. The commencement took place yesterday. I was expecting a small ceremony with perhaps a few hundred graduates. I was surprised to see a commencement program listing nearly 2000 summer term graduates. While some of these graduates will go on to pursue masters or doctoral degrees, most will conclude their academic years and enter the job market. What can they expect to find?

On top of having great products, HRN is also a wonderful place to work (Paul will need to fill you all in on “Pie Day”). And while we are typically a pretty happy bunch of people, we are particularly excited on “Release Day”. The morning we launch new features for Performance Pro, we all take a moment and collectively cheer! So it’s with great pleasure I announce that newest upgrade has arrived. Here’s an overview of the latest and greatest that Performance Pro offers:

Human resource professionals have a never ending list of “basic and critical” issues that must be addressed and reviewed periodically to reduce litigation risks and keep things running smoothly. Of late, the following items seem to be of greater concern to our clients. How are you doing on them?

I’m back on my retirement savings soapbox again this week. I guess I could just scream to the masses . . . “Just get started! Contribute and invest as much as possible towards your retirement account NOW - no matter what age you are! Tax advantages, and employer match benefits aside; an employer provided retirement savings accounts is the least disciplined, highest return manner that most of us will be able to save a substantial amount for our retirement years. Heck, at the very least start contributing even 1 or 2% into a moderate growth mutual fund. The pre-tax deduction from your gross earnings will hardly make a difference in your take home paycheck amount.” With that declaration off my chest you really don’t have to read any further. But just to humor me, hang in there and check out some statistics that demonstrate the message is being heard.

The conventional wisdom, which sometimes is neither wise nor conventional, is that Congress will not enact any comprehensive immigration law reform. In light of this likelihood, several other forces are at work on the immigration reform issue. The Department of Homeland Security is poised to issue new regulations on how employers must react to notices reporting that employee Social Security numbers and names do not match each other. Congress is looking at breaking the comprehensive reform bill into several parts, e.g. passing one bill addressing only the issue of whether employers must use the national pilot Social Security number verification system. A number of states are also considering immigration reform legislation. One common feature of the state legislation I have heard about includes mandated employer use of the national verification system as well as other items, such as stricter penalties on employers who hire undocumented workers.