HR News & Views Blog is an HR industry informational resource provided by HRN Management Group. Its purpose is to keep the HR community informed and connected to what's happening in the industry and at HRN. Our primary focus areas are employee performance management, compensation administration, and HR regulatory compliance.


 Friday, November 30, 2007
Tis the season . . . Company parties can be helpful in improving morale and employee communication. But in some circumstances they can create employee conflict and make the company vulnerable to harassment charges or lawsuits resulting from drunk employees who injure or kill someone on the drive home. A few actions can be taken to minimize these risks. They include: 1. Support the soft drink and fruit drink industries. Try to avoid serving alcohol. If you must serve alcohol provide lots of non-alcoholic choices. Also consider offering only beer or wine. 2. “Do lunch.” Consider having a lunch party at a local restaurant or have one catered at your workplace—without alcohol. 3. Go offsite. If you want to have a party with alcohol, have it away from company premises. 4. “When the cat’s away…” Invite spouses and significant others. They’re helpful in keeping “their employees” under control and may be able to drive them home.
Friday, November 30, 2007 1:18:20 PM (Mountain Standard Time, UTC-07:00)  #   
 Thursday, November 29, 2007

A federal court has ruled that a discrimination charge filed with the Equal Employment Opportunity Commission is a claim as defined by the involved employer's insurance policy ("a formal administrative proceeding commenced by the filing of a notice of charges").  Thus, the court concluded that an employer who did not notify its insurer of the EEOC claim lost its insurance coverage.  If you have employment coverage, and receive a similar charge, check your policy to determine when you have to give your insurer notice of the same.

Thursday, November 29, 2007 10:11:14 AM (Mountain Standard Time, UTC-07:00)  #   
 Tuesday, November 27, 2007

The United States House of Representatives has passed a bill adding sexual orientation to the list of employment discrimination protected classes.  Nineteen states and the District of Columbia already prohibit such discrimination.  The House bill exempts religious organizations from its coverage.  The bill was passed after sponsors dropped language prohibiting discrimination based on transgender status.  The Senate will now consider the bill, which President George Bush has said he will veto.

Tuesday, November 27, 2007 2:50:56 PM (Mountain Standard Time, UTC-07:00)  #   
 Friday, November 16, 2007

According to the U.S. Bureau of Labor Statistics, the San Francisco area had the highest pay levels of any major metropolitan area compared to the national average. Pay in the bay area was 19% higher than the U.S. average. New York City/New Jersey was the next highest at 14%. Boston and Hartford, Connecticut were each 12% above national averages.

Friday, November 16, 2007 2:06:33 PM (Mountain Standard Time, UTC-07:00)  #   
 Wednesday, November 14, 2007

Bimbo Bakeries.  Is There Something in the Name?

Bimbo Bakeries appears to have acted in “bimbo fashion.”  In another, “you’ve got to be kidding HR case,” a California jury awarded a former delivery driver $2 million in punitive damages and $340,700 for economic loss and emotional distress.  The driver had been fired less than 1 hour after she had informed her supervisor of her pregnancy and that she could no longer lift over 20 pounds. A judge also awarded her $1.06 million in attorney’s fees.  You just can’t make this stuff up.   [Lopez v Bimbo Bakeries USA, Cal. Super. Ct.]

 

Stray Dog Triggers FMLA Leave?

The 7th Circuit Court of Appeals has found that a receptionist who was fired for missing work could continue with her Family and Medical Leave Act claim. She had had a severe emotional and physical response to a stray dog that had entered her work area, began yelling and swearing at supervisors and complained of physical problems that forced her to go home.  She was treated for stress, missed days of work but never submitted a medical certification as requested by the company, just a doctor’s note authorizing return to work. The employee had had no previous disciplinary problems and had worked for the company for 8 years.   The Court found that the employee could continue with her case because “her behavior was so bizarre that it amounted to constructive notice of the need for leave.”  [Stevenson v. Hyre Electric Co.,  7th Cir]

Wednesday, November 14, 2007 9:10:18 AM (Mountain Standard Time, UTC-07:00)  #   
 Friday, November 09, 2007
According to a 2006 survey conducted by Watson Wyatt Worldwide and WorldatWork, 71% of high performing employees in 262 large U.S. companies said pay would be a key reason for leaving an employer. Are top performers and managers leaving your company at a seemingly above normal rate? The question then becomes, why? Many factors contribute to an organization experiencing high employee turnover. I would argue that one reason is inadequate communication (a.k.a. marketing) to employees regarding the 'total rewards' value of all their benefits and compensation.
Friday, November 09, 2007 11:21:25 AM (Mountain Standard Time, UTC-07:00)  #   
 Tuesday, November 06, 2007

Upcoming Events
HRN will be an exhibitor at the CUNA Government Affairs Conference taking place in Washington D.C., March 2-4, 2008.
HRN will be an exhibitor at the SHRM national conference being held in Chicago, June 22-25, 2008.

Online Training
HRN is once again offering quarterly online Performance Pro user training. Two one-hour online training sessions are being conducted on Wed. November 14 at 9am and 1pm Mountain Standard Time. This is an excellent and economical way to train employees that are new users of Performance Pro or those who simply require a refresher course. If you are interested in attending go to our website at https://www.hrnonline.com/mem/cart/ProductSelection.asp to register or email HRN at support@hrnonline.com.

HRN Product News
Currently in development for Performance Pro and soon to be released:  ‘Single sign-on solution’. This feature will allow organizations to provide employee and appraiser access to Performance Pro from one centralized internal company portal without the need to type in an additional Performance Pro password. Once an authorized user is logged into their company Intranet, they can access Performance Pro without an additional logon process by simply clicking on a link. Estimated date of release is January, 2008.

Tuesday, November 06, 2007 8:18:02 AM (Mountain Standard Time, UTC-07:00)  #   
 Monday, November 05, 2007

According to Equal Employment Opportunity Commission, race charges are most frequently filed. Sex discrimination is the next most common type, followed by retaliation. Disability, age and national origin claims come next. The number of retaliation claims is often surprising to people as many don’t realize that how you respond to a complaint is every bit as important as whether or not you’ve discriminated in the first place. In fact, some employers “win” discrimination claims and lose related retaliation allegations.

 

Pregnancy discrimination cases were at record highs as were the number of harassment cases filed by males (15% of all claims). Last year’s 75,768 claims against private employers was the first increase in filings since 2002.

 

How do you avoid these claims? There’s a simple, although less than glamorous solution. Implementing good, basic HR practices is the key. Train your managers and supervisors. Adopt, consistently use, and regularly communicate solid policies. Employ an effective performance appraisal system. Set high expectations for professional conduct, fairness, and respect in the workplace. Many discrimination cases have very little to do with discrimination but arise because an employee feels that he or she has been badly treated. Finally, use common sense. Much of HR and employment law is really about common sense and those people skills we learned in kindergarten.

Monday, November 05, 2007 9:49:16 AM (Mountain Standard Time, UTC-07:00)  #   
 Friday, November 02, 2007

Apparently a lot of employees have taken a workplace snooze.  According to a survey by Careerbuilder and Harris Interactive,  45% of employees reported that they had fallen asleep at work.  39% admitted kissing a co-worker (probably inappropriately), 22% said they had stolen items from the workplace, 21% used alcohol while working, and 18% said that after work they had looked into private work areas of other employees.

Friday, November 02, 2007 8:58:10 AM (Mountain Standard Time, UTC-07:00)  #   
 Wednesday, October 31, 2007

Even the big law firms get hit with employment law claims.  In October of 2007, a major national law firm agreed to pay $27.5 million to resolve age bias claims filed by some of the partners in the firm.  The Equal Employment Opportunity Commission (EEOC) recently also settled, for over $4 million, a national origin discrimination case on behalf of Hispanic workers at one of the largest retail sellers of photographic, computer and electronic equipment in the New York metropolitan area.  A Nevada federal jury has awarded a former publishing company sales employee more than $3.7 million in damages for alleged age bias. The employee claimed he was discharged at age 53 as a result of a pattern of forcing out higher paid long-term employees and replacing them with younger, lower paid employees.  Finally, the United States Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has announced that a Texas food company has paid $1 million to settle claims that the company discriminated, based on gender and ethnicity, against some 5,300 applicants.

Wednesday, October 31, 2007 2:41:52 PM (Mountain Standard Time, UTC-07:00)  #