No. You May NOT Wear PJ’s To The Team’s Video Conference.

POLICY FROM MANAGEMENT: “WEAR CLOTHES TO WORK.  THANK YOU.”

As the pandemic continues, so does the need for more structured guidance for your ever-growing remote workforce. Dressing down with all-day lounge wear, gym wear and pajamas is becoming a new norm for home office attire as the pandemic rolls into months of not reporting to a formal office environment.

Why is this an issue?

A new survey from CouponFollow indicates that “business professional, business casual, and smart casual dressers all reported higher levels of productivity than those who dressed in gym clothes and pajamas. Roughly 80% of the more formal dressers said they felt productive throughout the day, compared to just 70% of those in gym clothes and 50% of those in pajamas.”

Promoting Corporate Culture at Home

Maintaining a corporate image is still important in a remote setting as videoconferencing has risen dramatically for internal team collaboration, as well as for external sales and building client rapport. The video conferencing industry is reporting that 77% of businesses are using online video communication for their remote workforce and it is predicted to continue to increase steadily through 2022, according to a report from GetVOIP. Businesses have discovered they are cutting overhead — time and travel costs — through video communication.

Without a policy addressing video communication etiquette, organizations will struggle at projecting professionalism across their remote workforce. A recent Society for Human Resource Management (SHRM) article interviewed several employment attorneys who cite their concerns. “Before COVID-19, a work-from-home dress-code policy would have seemed like a strange concept,” said Megan Toth, an attorney with Seyfarth in Chicago. “But, with the recent increase of remote workers and video-conferences, this has become a real issue for some employers.”

Here are a few key recommendations in rolling out a revised dress code and video conferencing policy for your remote workforce:

  • Promote remote working as a benefit that allows for hours and standard dress code flexibility as long as performance deadlines are being met. Be clear about expectations for attendance and professional presentation for virtual meetings.
  • Create a remote work policy addendum to your employee handbook which includes standards for home office space, technology, Wi-Fi and mobile device protocols, availability expectations, and dress code options;
  • Consider a video-conferencing policy that addresses camera use etiquette including beverage and food consumption, parameters for background settings, and professional attire and grooming. Include safety language for accessing virtual “meetings” on the road and limiting outside distractions while conducting both internal and external calls.
  • Ask employees to use common sense when representing your organization via video chat. Taking a video call by the pool in a swimsuit and sunglasses, while sipping a frozen drink may not align with the corporate image you want to project to the outside world.
  • Rethink gender neutrality when adopting organizational work attire. Does your current dress code policy contain different standards for men vs. women? Title VII of the Civil Rights Act of 1964 prohibits discrimination based on gender identity and sexual orientation, and courts have ruled that gender specific limitations for dress codes and grooming standards where one sex imposes a greater burden is discriminatory.
  • Adopt language to align with your organizational mission and vision for the wearing of clothing and accessories that openly express political or social justice views. A lot of companies are adopting policies banning this type of attire in the workplace promoting inclusivity and safe work environments.
  • Enforce these policies, along with other remote work structures, fairly and consistently across your workforce to limit liability of discrimination.

“Nearly 52% of employees working remotely indicate their companies have asked them to abide by a dress code policy” according to CouponFollow. A recent Gallup poll article states “the COVID-19 pandemic has accelerated the trend toward remote work and has made companies’ policies toward it even more crucial to their success.”

Also, don’t miss out on our FREE reference tools for remote work:

Click the link to view the recent blog: What You Need to Know About Recruiting and Hiring Remote Workers or check back for more on human resources, payroll, insurance, and benefits.

This article does not constitute legal advice and there are subtle variations in employment law as it pertains to this topic, depending on where your business operates. It is strongly suggested that you seek consultation or legal counsel before making decisions about policies.

What You Need to Know About Recruiting and Hiring Remote Workers

“Remote employees. Distributed workforce. Telecommuting. Work from home. A virtual job. Work from anywhere.”

These terms, like many other words, have a broader impact and a new meaning for people this year.

Prior to the COVID-19 pandemic, the number of companies with employees who worked either 100% or partially remote had been growing significantly in recent years. Per Flexjobs.com, there was a 159% increase in remote work between 2005-2017.  A 2019 survey conducted by a workspace provider, IWG, indicated that 80 percent of employees would opt to work for an employer who offered this flexibility over one who did not.  To quote another term used quite a bit in 2020, remote work is becoming a “new normal” for many workers in the United States.

When the pandemic necessitated business shutdowns or modifications across the United States earlier this year, many employers were forced to temporarily close their offices or facilities to their employees. For many companies, it was their first experience having their employees work from their homes instead of onsite. According to research conducted at Stanford, 42% of the U.S. labor workforce is now working remotely on a full-time basis.

While many employers have embraced this change and are in no rush to revert back to having everyone in the office, there are others who are unhappy with it, and they wish to have their employees back in the office again. These employers are concerned about potential issues such as productivity slowdown, lack of oversight and management of employee activity, communication and team cohesion breakdown, and how to monitor technology use.

However, given the statistic mentioned earlier about 80% of potential hires choosing a flexible employer who is open to remote work over one that is not, employers need to think about the ramifications of being closed off to remote hiring. If companies aren’t receptive to allowing employees to work remotely, it will likely have a negative impact on attracting new talent, employee retention and morale, and ultimately the overall financial health of the organization.

How can employer concerns about remote working be addressed so they are open to the idea of a successful remote or partially remote workforce?

Here are some suggestions of practices employers can put in place to make remote work successful:

  • Put together and implement a Remote Work Policy for employees to review and sign off on. This policy can address areas such as work expectations, communication with their team and manager, and technology use and guidelines.
  • Investigate and consider investing in employee monitoring software. There are many options to consider, as there has been significant growth in this particular industry this year due to increased demand. However, companies should consider if going this route will imply that they do not trust their employees.
  • Ensure that solid procedures are in place to track the hours for Non-Exempt workers.
  • Look over the current Job Descriptions for all positions and ensure they are up-to-date and accurate. This is also an opportunity to modify accordingly for any parameters that have changed as a result of a role now being remote or partially remote.

Another factor that employers can focus on are the many positive aspects of remote work! They include:

  • Access to a broader talent pool, companies will no longer be limited to those candidates within commuting distance of their offices.
  • Less employee absences/tardiness/missed work due to illness, traffic or mass transit delays, inclement weather, doctor appointments, school closings.
  • Monetary savings for company on real estate, electricity, office furniture, maintenance, cleaning and other costs related to onsite facilities.
  • Less cars on the road commuting reduces traffic, and has benefits for the environment.
  • Employees can be more productive at home due to having more control over their work environment: managing their own time, not having to factor in commute time to their work hours, reduced noise levels, less distractions, temperature of office.
  • Employee stress levels are reduced by taking away commuting time and hassles, cost savings of taking away commute and not having to buy or make lunch, more work/life balance, more time for family and hobbies. When employees are less stressed, their level of satisfaction and loyalty to their employer greatly increases.
  • The increase in resources for remote work including co-working space and video conferencing capabilities, which also saves money on business travel.

Despite the potential obstacles, it’s clear that remote work can be beneficial to both employees and employers in most areas of business and industries. While many of the current practices that are the result of the 2020 pandemic are likely temporary, remote work is likely only going to grow and is here to stay.

Click the link to view the recent blog: Leading with Purpose: Management’s Role in Acclimating New Employees or check back for more on human resources, payroll, insurance, and benefits.

Leading with Purpose: Management’s Role in Acclimating New Employees

“In teaching others, we teach ourselves.”

Employees are willing to listen to senior leaders and commit to and strive for business success. Organizations have a unique opportunity to reach out and engage all employees more fully in driving business results. Those that promote meaningful and systemic dialogue with their employees create a partnership for success.

According to a Gallup study a typical company employee engagement starts high and declines with tenure. However, throughout the employee relationship, there are engageable moments (onboarding and training, performance feedback, career discussions, etc.). Handling these moments well can help stop the decline.

It is not enough to communicate information about the Company to employees. It also matters who shares it. Employees, both current and new, want to hear from senior management. They want to hear about what is happening with the Company without being filtered through several management layers.

A senior manager who speaks openly and honestly about the organization increases the comfort level of employees. It’s essential to build credibility with employees, and with credibility comes trust. Trust is what moves the Company forward. This level of communication encourages mid-management to understand their role better.

The reality is that people care less about working for a company and much more about working for a compelling cause. Without purpose, employees are just putting in the time. A team without a goal is a team without passion. There might be short term results, but the employee will not have the heart to go the distance. Management must satisfy this basic need to give employees a compelling purpose.

This can be done by asking employees how their jobs relate to the team’s purpose. The following are some questions a manager might ask:

  1. How does our goal make you feel? (if we hear responses like proud, meaningful, connected, helpful, then we are on the right track)
  2. Does our purpose make you look at your job differently?
  3. Do our roles, procedures, resources, skills, and priorities support our ability to achieve our goal?
  4. What can you change or do differently to better support our goal?
  5. What can I change or do differently to better support our purpose?

Once employees see a clear connection between their role and their purpose, the next strategy is to help them stay focused on that purpose.

Click the link to view the recent blog: Families First Coronavirus Response Act (FFCRA) Mandate Ends 12/31/2020 or check back for more on human resources, payroll, insurance, and benefits.

Families First Coronavirus Response Act (FFCRA) Mandate Ends 12/31/2020

Under the recently signed Consolidated Appropriations Act, employers are no longer required to provide FFCRA leave after December 31, 2020. However, if employers choose to continue to provide paid leave under the terms of the FFCRA in 2021, they may continue to take the available tax credits through March 31, 2021.

We recommend that employers quickly but carefully determine how they are going to proceed in 2021, as there are several choices, such as:

  • End all leave under FFCRA effective December 31, 2020. If you choose this option, Inspiring HR encourages you to communicate to all employees, including those currently on leave, your decision to end the leave entitlement;
  • Continue to allow employees to use any unused, available FFCRA leave through March 31, 2021. Employees should only be entitled to any unused FFCRA leave they have remaining as of December 31, 2020;
  • Only continue Emergency Paid Sick Leave through March 31, 2021, allowing employees who contract or are exposed to the virus to stay home, but discontinue the entitlement to the much longer paid family leave for child care.

Employers who choose to end the leave entitlement are reminded that some employees may still be entitled to leave (paid or unpaid) under other laws such as the regular Family and Medical Leave Act (FMLA), state and local laws, or company policy.

Click the link to view the recent blog: Employees May Not Be So Holly Jolly This Year or check back for more on human resources, payroll, insurance, and benefits.

This notice does not constitute legal advice and there are subtle variations in employment law as it pertains to this topic, depending on where your business operates. It is strongly suggested that you seek HR consultation or legal counsel before making decisions about policies.

Employees May Not Be So Holly Jolly This Year

How do leaders tackle the holidays in 2020?

2020 has been tough, and many employees are feeling overwhelmed and disconnected this holiday season. This year, more than ever before, employers should repeatedly connect with their employees throughout the holiday season.

According to a recent article from the Society for Human Resource Management, “A report from employee experience software company Limeade, Workplaces in Crisis: Employee Care Missing the Mark, was released in October. Based on input from 1,000 full-time US employees, the report authors found:

  • 49 percent report having less energy for nonwork activities.
  • 42 percent said they were less interested in socializing with friends.
  • 42 percent were having trouble sleeping.
  • 33 percent reported using more alcohol or other substances than usual.

“2020 was not the year we expected,” said Meghan Stokes, vice president of clinical services at BHS, an employee assistance program and well-being provider headquartered in Baltimore. “We’ve used up all of our surge capacity. That’s what we rely on to get through crisis. When that’s drawn out and there are more stressors, it’s never replenished. We are exhausted.”

These feelings are likely to be exacerbated over the holiday season. But there are steps that companies can take to support staff as the virus continues to rage and the holiday season is upon us.”

We have all had to shift operational mindset, adapt to new rules and regulations, and embrace change with flexibility and grace this year.  Some organizations have had to furlough or lay off workers who are now facing financial hardship.  Other businesses are increasing or cutting hours, placing added demands on employees.

Many companies have switched to long-term remote work environments, so employees may be feeling more isolated than ever trying to adhere to State safety regulations for social distancing and home gatherings.  Most employees have added demands this year with children in virtual learning environments, sheltering in place with dual spouse work demands, living 24/7 with immediate family members, and additional external “out of control” anxiety and fears about the future.

What can managers do to support their employees during this season of giving?  Consider the following:

One-to-One Meetings:  Proactively check in with your employees by setting up frequent one-to-one meetings and ask questions about how they are doing.  Managers should practice active listening with openness and compassion.  Allow employees to provide feedback on where they stand on work-related matters and how they are coping with the holiday season on a personal level. Every employee will embrace the holidays differently. Listen and validate feelings, while tackling year-end business demands. Treat information shared in these meetings as confidential and provide additional support when necessary.

Increase Work Schedule Flexibility:  The time crunch for the holidays can be challenging. Allowing employees flexible work schedules, 4-day work weeks, and use of PTO or other leave time could benefit productivity in the long run. Encourage employees who have not taken much leave this year to take some time off, if possible. “Companies like Indeed.com and Cisco have given extra days off to their employees. Other companies should follow suit, or even better: invent a mental health holiday, which is what The Wall Street Journal suggests.

“Employers should invent a holiday. Don’t just offer extra vacation days, which anxious employees aren’t taking anyway. Make it a company holiday, so employees can take a break without guilt or fear.”

Schedule Holiday Virtual and In-Person Work Events during Regular Office Hours: By doing so, this allows employees to use their valuable free time to take care of personal holiday responsibilities and activities. Workplace holiday events that occur during “after hours” can add stress to already busy schedules.

Promote Employee Virtual Hang Outs: Encourage employees to hold voluntary virtual meet-ups or social activities like ‘game night’ or meals together. Employee-led activities also tend to be more effective than HR or management-led ones.

Acknowledge Those Who Have Dealt with Loss This Year: Sadness during the holidays is common for those who have experienced the death of a loved one or a pet, a failed significant personal relationship or other loss. Employees could be facing more loss than usual because of the pandemic and may not be spending as much time with family and friends who can support them.

SHRM recommends acknowledging those losses to let employees know you remember what they’ve been through by asking, “How are you doing?” or saying “I know this time of year can be hard.”

Remind Employees about Outside Assistance Programs: It is a good time to remind employees about the help that is available through employee assistance programs (EAP) if your company utilizes these services. Many EAPs have 24-hour phone crisis support and allow for confidential short-term counseling. Additional help an EAP can provide includes referrals for programs that offer specialized care, services that help manage stress, and programs for substance abuse. Regional and national teen and adult Suicide Prevention Hotlines are also available 24 hours a day at 800-273-8255 (national).

Actively Promote Self Care:  The fatigue of this year is unprecedented. Managers should role model and encourage employees to set boundaries with work commitments, as well as maintain a well-balanced diet and get daily exercise, plenty of rest and hydration. According to the Centers for Disease Control and Prevention, “poor mental health and stress can affect an employee’s job performance, productivity, communication with coworkers and daily functioning.” Company leaders should address work/life balance and self-care routines to combat increased stress this year.

Company leaders should empower their managers to dedicate more time to employee engagement activities during this holiday season. Reprioritize year-end goals and deadlines, moving less critical ones to first quarter 2021 to help alleviate added pressure and stress on valued managers and employees. Send gifts to employees at their homes in lieu of corporate parties, and write genuine notes of recognition, praise and encouragement through internal organizational channels. Employers who can afford year-end bonuses should reward 2020 hardships with monetary generosity.

Click the link to view the recent blog: How to Throw a Fun and Fabulous Virtual Company Holiday Party or check back for more on human resources, payroll, insurance, and benefits.

This article does not constitute legal advice and there are subtle variations in employment law as it pertains to this topic, depending on where your business operates. It is strongly suggested that you seek consultation or legal counsel before making decisions about policies.

workplace bathroom laws

Federal Workplace Bathroom Laws and HR

What are the federal workplace bathroom laws?

Who uses which bathroom? How many bathrooms must the company provide? Can the company dictate who uses which?

Although the transgendered are a small percentage of the population, as a group they are more open about their status than ever before. Proactive employers will have a plan in place for protecting and supporting all their employees, including those with gender identity considerations. But what do federal government have to say about workplace bathroom laws?

Restroom access is a much-discussed piece of this process. The dust has finally settled on North Carolina’s “Bathroom Bill”, a law that had required individuals to use the restroom corresponding to the gender named on their birth certificates, but other states are wading into these same unsettled waters. Employers are left wondering where the issue stands now.

What is Gender Identity?

Gender identity is a person’s internal sense of being male or female, some combination of the two, or neither male or female.

Gender identity is a deeply personal and internal understanding. It is not a medical condition. Because of this, employers cannot require employees to provide medical verification of their transgendered status.

Gender Identity in the Courts

Currently, court decisions are split on whether Title VII non-discrimination legal protections apply to sexual orientation or gender identity, however the Equal Employment Opportunity Commission (EEOC) takes the position that Title VII does protect these populations. This issue seems destined for the Supreme Court of the United States, but until that time the safest legal route for any employer affected by Title VII is to proceed with the assumption that these protections do apply to both sexual orientation and gender identity.

At the start of the Trump presidency, some employers wondered if new executive policies would clarify the issues; however, consensus is that they will not. As with paid time off benefits, it may well be an issue that is regulated at the state level, at least until broader federal guidance is ultimately provided through the courts. It’s strongly advised that small businesses remain cognizant of all local regulations impacting their employment policies.

There is, however, one federal regulation that’s very clear.  The Occupational Health and Safety Agency (OSHA) requires employers of any size to provide bathroom facilities (whether unisex bathrooms or male/female segregated) to all their employees.

We’ve landed back at the beginning – so, which bathroom?

What is Required? Requirements via Bathroom Laws

Let’s start with what’s required by federal workplace bathroom laws, because it’s likely more nuanced than you think.

Employers with 15 or fewer employees are required to provide one, single-use, locking restroom available for use by all employees. Simple enough, right? But from here, the workplace bathroom laws get more complicated:

  • Two toilets for 16 to 35 employees
  • Three toilets for 36 to 55 employees
  • Four toilets for 56 to 80 employees
  • Five toilets for 81 to 110 employees
  • Six toilets for 111 to 150 employees
  • One additional toilet for every 40 employees over 150. For example, a company with 400 employees would need to provide 13 toilets

Further, OSHA also determines the allocation of these facilities. For decades, the law required any employer with more than 15 employees to provide gender-segregated facilities for men and women, and that these facilities must be specifically designated for male or female use.

Thankfully, OSHA recently updated their requirements to accommodate a diverse workplace. They allow (and even encourage) two additional options (unisex) to the traditional male/female segregated bathroom. In full compliance with OHSA regulations, employers may:

  • designate additional single-occupancy bathrooms as gender-neutral for use by all their employees, or
  • install multi-occupant, gender-neutral restroom facilities with lockable single occupant stalls. (Anyone remember Ally McBeal?)

There is an important legal component to these modern alternatives: transgender employees cannot be required to utilize a single-use restroom or a multi-occupant, gender-neutral restroom when gender-identified restrooms are available for other employees.

Put another way, the legally valid solution is never to create one option for a transgender employee that requires them to behave differently than anyone else. Transgender bathrooms are not a legitimate option.

Compliance and Legal Risk Assessment:

How do recent updates and interpretations of federal workplace bathroom laws, particularly those concerning transgender rights, impact our current restroom facilities and policies?

Recent updates and interpretations of federal workplace bathroom laws, especially those pertaining to transgender rights, necessitate a careful examination of our current restroom facilities and policies. These changes may require adjustments to ensure compliance and inclusivity. Understanding the nuanced requirements and implications is crucial for aligning our practices with evolving regulations.

What are the potential legal risks and liabilities associated with non-compliance or inadequate accommodation of transgender employees in relation to restroom access and workplace discrimination laws?

Non-compliance or inadequate accommodation of transgender employees regarding restroom access poses significant legal risks and liabilities. Failure to adhere to workplace discrimination laws and provide reasonable accommodations can result in costly legal battles, damage to reputation, and loss of employee trust. It’s imperative to prioritize compliance and proactive measures to mitigate these risks.

How can we ensure our company policies and practices align with evolving federal guidelines and court decisions regarding gender identity protections in the workplace?

Your Transgender Employees Want to Help Advance Your Culture

For many people, it’s not easy to admit what they don’t know. But this simply isn’t an area where it’s okay to guess. Your transgender employee is as eager as you are (and possibly more so) to help this process run smoothly. So, start a healthy dialogue about ways to move forward:

  • Explain that you understand the legal protections provided to them under the law
  • Share any company policies that may apply to their situation (diversity, inclusivity, anti-harassment, and retaliation) and the appropriate reporting procedures
  • Ask the employee for their preferred pronoun and how open they want to be about their status
  • To every extent possible, respect and follow the employee’s preferences
  • Ask them about specific concerns and worries; this may well include restroom concerns, but will likely include others you wouldn’t have considered

Some workplace issues impacting transgender employees, particularly ones that come with limited or contradictory legal guidance, can be as much about company culture as employment law. Even when the law is clear, it’s worth considering whether your company culture is to do the bare, legal minimum for your employees or, perhaps, embrace a culture of inclusivity by doing a bit more.

Employee Engagement and Inclusivity:

How can we proactively foster a workplace culture that supports and respects the gender identity of all employees, including transgender individuals, while addressing potential concerns and discomfort among our workforce?

Proactively fostering a workplace culture that supports and respects the gender identity of all employees, including transgender individuals, requires a concerted effort to address concerns and discomfort among our workforce. This involves creating open channels of communication where employees feel safe expressing their questions and apprehensions. Additionally, providing diversity and inclusivity training sessions can help raise awareness and promote understanding among staff members. By cultivating a culture of empathy, acceptance, and mutual respect, we can create an environment where everyone feels valued and included.

What strategies can we implement to educate and train our employees, managers, and HR personnel on gender diversity, inclusivity, and respectful behavior, particularly in the context of restroom access and interactions with transgender colleagues?

Implementing strategies to educate and train our employees, managers, and HR personnel on gender diversity, inclusivity, and respectful behavior is essential for fostering a supportive workplace environment. These training sessions can cover a range of topics, including understanding gender identity, promoting respectful language and interactions, and navigating restroom access issues sensitively. By providing comprehensive education and resources, we empower our team members to navigate these issues thoughtfully and inclusively.

In what ways can we empower transgender employees to contribute to the development of inclusive policies and practices, and how can we ensure their voices are heard in decision-making processes related to workplace accommodations and culture?

Empowering transgender employees to contribute to the development of inclusive policies and practices is critical for ensuring their voices are heard in decision-making processes related to workplace accommodations and culture. This can be achieved by actively soliciting feedback and input from transgender employees through surveys, focus groups, and one-on-one discussions. Additionally, establishing affinity groups or employee resource groups specifically for transgender individuals can provide a platform for advocacy and collaboration. By actively involving transgender employees in policy development and decision-making, we demonstrate our commitment to inclusivity and create a more equitable and supportive workplace for all.

Educating Employees: What’s in Your Employee Handbook?

A person’s gender identity may not match the gender specified on their birth certificate or their physical appearance and mannerisms. It’s understandable that this dichotomy can create some confusion, and even some initial discomfort, among their workplace colleagues.

The key is to stay ahead of these issues, rather than trying to play catch-up with people’s feelings later.

An employee handbook is an incredibly helpful tool in communicating company policies and culture on issues such as:

  • diversity and inclusivity
  • respectful treatment
  • conflict resolution
  • discrimination and harassment prevention
  • retaliation

As with the transgender employee themselves, establishing open communication with your entire employee population is the best way to avoid unnecessary conflict. A diversity of opinions and lifestyles should be expected, but respectful behavior must be required in the workplace.

For small companies with questions about accommodating transgender employees or workplace bathroom laws, the HR guidance mirrors that of so many other workplace issues: educate, communicate, and do it all in compliance with the law and with respect for the employee.

Click the link to view our suite of services or directly reach out to see how Infiniti HR can help your business! Read the most recent INFINITI HR blog: Ready or Not Here Come Annual Reviews or check back for more on human resources, payroll, insurance and benefits.

How to Throw a Fun and Fabulous Virtual Company Holiday Party!

Not to brag, but we “remote work” pretty darn well. Okay, so I’m bragging, but it’s true and hard not to feel strongly about.

Two years ago Inspiring HR knocked our first virtual holiday party out of the park. We repeated its success in 2019, and well, it seems like in 2020 more employers could use our tips for throwing a fun and fabulous virtual holiday party:

We won’t lie, we were a little hesitant at first. Should we? Shouldn’t we? Our fearless leader polled the group. A resounding “Why Not?” answered… and so it began.

  1. We hashed out the time and day on a conference call. This would be “after hours” on a Thursday night. We would all be home for the call, and we all had the technology necessary.
  2. We kept the time just long enough to not be in “a hurry”, but no so long that anyone would be dying to get off the call. For us that meant 1 ½ hours.
  3. Our CIO gave everyone a choice of libations that would be shipped to us ahead of the party that we would all use to toast during the call (Red, White, or Sparkling). For the non-drinkers, an alternative was in the wings.  A wine company was selected that could both ship and would use some of the proceeds for charitable donations, which fell in line our with our company values. For a staff of 10, this was not overly expensive, and we weren’t sacrificing any type of bonus or perk for her generosity of the wine of our own choosing.
  4. We had a contest lined up (Tacky Hat, Ugly Sweater, Decorated Glass – take your pick!) with plenty of time for everyone to either make or find something in advance.
  5. We had a loose agenda that included our proudest work moments of the year, the sharing of personal stories about our favorite childhood holiday memories, important holiday traditions or plans, and a few of our employees came prepared with custom poems, toasts and (appropriate) jib jab videos starring the staff for entertainment.
  6. A few of our spouses, partners, and kids popped in to photo bomb our videos.
  7. Some of us decorated our home offices for the holiday vibe, but it wasn’t required.
  8. We ended on a high note of praise and appreciation from our CIO, and we ended on time.

Why the personal stories? Well, when you don’t meet up at the water cooler, coffee machine, copier, or lunch room, working remote can mean that you may lack the personal connections that you can develop in person. In the course of our day-to-day work, we emphasize informal information sharing via Slack, Teams, text, email, or phone calls to build the team. The party’s agenda was meant to be an extension of building these bonds and growing the appreciation of one another on a personal level.

What were the biggest take-aways?  Setting expectations and participation. Everyone had a moment in the spotlight. Everyone felt included. Everyone knew what to expect. Everyone was in a safe environment, and everyone had a lot of laughs.

An extra benefit: No one was at risk of drinking and driving home from the party.

Special consideration for the holiday blues: Holiday depression is real, and whether it was due to COVID-19 or some other reason for loss, many employees are missing important family members this year. Employers wanting to help mental health in their workforce should consider using “office party cost savings” to provide resources, such as adding an EAP to their New Year’s benefits.

Do we recommend it for remote workforces? Definitely… and I’m already conspiring on how to win the cookie decorating contest this year.

Click the link to view the recent blog: Stay Interviews – Preventing an Exit or check back for more on human resources, payroll, insurance, and benefits.

Stay Interviews – Preventing an Exit

Kim was one of the “superstars” in her department. She was always pleasant to work with, always met her deadlines, and did exceptional work. She was so independent that her manager pretty much left her to her own devices and checked in only sporadically. One Friday, after a year and a half with the company, Kim gave her notice of resignation, stating she was leaving due to a better opportunity. 

Her manager was shocked. She hadn’t been aware Kim was unhappy or looking to change. In her exit interview with HR, Kim explained that she was frustrated that the scope of her job had become very inconsistent and also cited a lack of accountability with other departments that made her job more difficult. When asked why she had never spoken to her manager about her concerns, Kim simply shrugged and stated, “she never asked me.”

While an exit interview may help explain why an employee has decided to leave, it is generally information gained a little too late. Could a “stay interview” have circumvented that desire to leave in the first place?

A survey conducted by Challenger Gray & Christmas, an executive coaching and outsourcing firm showed that 50% of companies they interviewed were already using, or were planning on using, a stay interview to help retain their employees.

Exit interviews usually consist of several questions that would have been more effective had they been asked earlier. Very simply, a stay interview turns conversations from, “Why are you leaving?” and “What could we have done better?” to “Why do you stay?” and “What would you change?”

Some leaders may wonder, however, if it really isn’t up to employees to let their leaders know if they are having concerns. After all, they think, isn’t that what an open door policy is for? Well, maybe. While Kim in the example above might be an extreme case in terms of non-communication, some employees simply do not want to rock the boat and decide it would probably be easier to start looking for a new job. Even if not actively looking, they might be more tempted to return a recruiter’s call or scan through job openings while perusing LinkedIn.

So, what does a stay interview look like?

The main purpose of a stay interview is to get information that will help you to retain employees. These questions should generally not center around more compensation or perks, but rather employees’ perspectives of their jobs, personal motivators, as well as any issues and concerns they have. Employees should be made to feel comfortable during these interviews and receive assurance that information shared will not be held against them in any way.

Several resources, including the Society of Human Resource Management offer sample open-ended questions that may get to the intel that is the key to an employee’s retention. Some common ideas for question themes are:

  • Finding out why they stay. Is it the people? Enjoyment of the work? Belief in the company’s product, message, or mission?
  • Find out what they like about what they do. Is it the challenge? The variety? Or, the fact that the job is usually predictable and does not cause undue stress?
    • And alternatively, ask about any frustrations that may exist. Are outdated processes or overly complex procedures causing unnecessary delay? Does their position feel dead-end?
  • Ask about ideas for improvements.  The one with the most information on a job is often the one who has an idea of what could make it better, more efficient, more satisfying.
  • Personal and professional development. What are the employees hoping to accomplish at work? What other areas are they interested in? What skills are they looking to acquire or improve?

Asking these types of questions in the past tense when someone has a foot out of the door may not be, in many cases, very useful. Not all employees want to share their experience, insight, and other information with an employer that they feel hasn’t lived up to their expectations. Many employers also conduct exit interviews, but the information gained is not always shared and is filed away along with the employee who left.

In the case of stay interviews, while not all items on someone’s wish list may be satisfied, employees who feel that their companies take an interest in their careers, want to hear what makes them tick and want to make things better, will more than likely not consider seeking opportunity elsewhere.

Click the link to view the recent blog: Labor Law Updates for November 2020 or check back for more on human resources, payroll, insurance, and benefits.

Labor Law Updates for November 2020

These briefs provide a general description and are not meant to be all inclusive of compliance requirements.  This list is not inclusive of all legislative changes for employers across the U.S. Changes may have been addressed in previous updates, which can be accessed from our blog.

Employers are encouraged to work with their Inspiring HR Consultant before making policy changes to capture the full requirements of these laws.

Some of the notable upcoming State Changes in this issue are as follows:

CALIFORNIA

California Covid-19 Notification Requirements – Effective 1/1/2021

Effective in January 2021, the state of California is requiring employers to notify 1) all affected employees in writing who may have been exposed to Covid-19 in the workplace within one business day and provide relevant benefit information and disinfection/cleaning plans and 2) local health officials of an outbreak (3 or more cases) within 48 hours

FAQs

COLORADO

CO COMPS order effects exempt salary threshold on January 1, 2021

The new minimum salary threshold requirement for exempt employees is approaching for employers complying with the new CO OT & Minimum Pay Standards order (COMPS), which became effective in March of 2020.

This new exempt salary threshold will take effect on January 1, 2021 – to $40,500 – and will continue to increase through to January 1, 2024, up to $55,000. Thereafter, the threshold will adjust annually for inflation.

There are only two exceptions for the 2020 salary threshold: (1) non-profit employers with annual total gross revenue of under $50 million; and (2) for-profit employers with annual total gross revenue of under $1 million.

To avoid the need to pay overtime and maintain employees’ exempt classification under the new Colorado law, it is important to note the new thresholds will exceed the current federal threshold and employers must post the related poster.

Colorado employers must pay the higher of the state or federal thresholds in order to retain their employees’ overtime exemptions (i.e., you may need to pay the Colorado minimum after January 1, 2021, because it will exceed the federal threshold after January 1, 2021).

CONNECTICUT

Connecticut Paid Family and Medical Leave Act – Effective January 1, 2021

Connecticut’s Paid Family and Medical Leave Act (CTPFMLA) allows employees access to paid leave for qualifying events covered under the federal Family and Medical Leave Act of 1993 (FMLA), the Connecticut Family and Medical Leave Act (CTFMLA) and the Connecticut Family Violence Leave Act.

Eligible employees may take up to 12 weeks of paid leave in a 12-month period.

Eligibility Requirements

Employee eligibility requirements are as follows:

  • Employee must have earned at least $2,325 in wages in the first four (4) of the past five (5) quarters; and
  • Employee is currently working for a covered employer or has worked for a covered employer in the past 12 weeks.

Eligible employees may take Paid Family and Medical Leave for the following reasons:

  • The birth of a child of the employee (up to 14 weeks*);
  • The placement of a child with the employee for adoption or foster care;
  • To care for the employee’s family member who has a serious health condition or injury;
  • The employee’s own serious health condition or injury;
  • In order to serve as an organ or bone marrow donor;
  • For any qualifying exigency, arising out of the fact that the spouse, son, daughter or parent of the employee is on active duty, or has been notified of an impending call or order to active duty, in the armed forces; or
  • To care for a military family member who is injured during active duty.
  • If an employee is experiencing family violence, they can apply to take up to 12 days of paid leave**Reasons for family violence include:
    • to seek medical or psychological care;
    • to seek care from a victim services organization;
    • to relocate; or
    • to participate in any civil or criminal proceeding relating to family violence.

* In the event an employee experiences a serious health condition resulting in incapacitation that occurs during a pregnancy, the employee may qualify for an additional two (2) weeks of paid leave benefits for a total of 14 weeks.

**Employees are only eligible for up to 12 days of paid leave for family violence events.

PENNSYLVANIA

Pennsylvania Minimum Salary Threshold for Executive, Administrative and Professional Occupations Effective October 2, 2020.

The Department of Labor and Industry (DLI) amended the PA Minimum Wage Act’s requirements and minimum salary for PA exempt employees in executive, administrative and professional occupations.

The PA Minimum Wage Act provides an exemption from both minimum wage and overtime pay requirements for employees in executive, administrative, or professional roles.  To qualify for the exemption, employees must meet certain tests regarding their salary and their duties. The duties test has been updated, making it easier for employers to comply with law. It is important to understand that being paid a salary does not automatically qualify an employee for one of these exemptions. Furthermore, job titles do not determine exempt status.

The PA Minimum Wage Act also amended the minimum exempt salary threshold, which will increase as follows:

  • $684 per week, $35,568 annually (per current federal rule), became effective January 1, 2020;
  • $780 per week, $40,560 annually on October 3, 2021; and
  • $875 per week, $45,500 annually on October 3, 2022.

Starting in 2023, the minimum salary threshold will adjust automatically every three years.

Click the link to view the recent blog: The Value of an Anonymous HR Hotline or check back for more on human resources, payroll, insurance, and benefits.

This article does not constitute legal advice and there are subtle variations in employment law as it pertains to this topic, depending on where your business operates. It is strongly suggested that you seek consultation or legal counsel before making decisions about policies.

The Value of an Anonymous HR Hotline

WHAT IS THE VALUE OF HAVING AN ANONYMOUS HR HOTLINE?

Unfortunately, many business owners aren’t made unaware of employee complaints or concerns of company policy violations until it’s too late.  To avoid this problem, attentive businesses implement formal processes for employees to report violations and complaints, allowing business owners to address these issues before they escalate beyond repair.

But what happens when employees are fearful of stepping forward?

The answer: Introducing an anonymous HR hotline, also known as an ethics hotline, whistleblower hotline and/or complaint hotline, where employees can report misconduct, violations, unethical behavior, violence, and any other complaints within the workplace. The HR Hotline allows employees the choice to report their concerns anonymously to a third-party HR representative who researches and/or investigates the situation and notifies the business of the issue(s).

Advantages of HR hotlines:

  • Awareness: By having an HR hotline, employers are made aware of issues within the workplace immediately, which allows the company to promptly address the situation before it escalates into a bigger issue and/or potential lawsuit.
  • Confidentiality: Employees are able to confidentially communicate with a third-party HR representative rather than management, which reduces the risk of retaliation from the company and protects an employee from “whistleblower” violations.
  • Trust: The presence of the HR hotline demonstrates to employees that the company wants to be made aware of employee concerns and is willing to take the necessary steps to resolve the issue.
  • Fact Finding/Unbiased Recommendations: The third-party HR representative is impartial to the situation and gathers factual information related to the complaint, resulting in an unbiased recommendation for resolution.
  • Consistency: The third-party HR representative handles the intake of the call and/or following up from a recorded message, interviews and/or investigates the situation and takes thorough documentation notes by following a standard process, which ensures consistency.
  • 24/7 Access: Employees are able to access the hotline 24 hours a day, 7 days a week, allowing. If the employee calls after hours, he/she may leave a message on a recorded line detailing their complaint/concerns.
  • Employer Protection: All employee complaints are fully documented through the HR hotline; therefore, employers are able to provide proof that a complaint was received and the company promptly responded and resolved and/or attempted to resolve the issue.

How do anonymous HR hotlines help protect employers?

As mentioned above, the HR hotline allows employees to confidentially disclose any workplace complaints/concerns without being subject to retaliatory behavior with protection under a federal or state whistleblower protection law. Employers are liable for workplace misconduct and violations; however, they are able to resolve employee complaints as soon as they are notified through the hotline. As a result, the HR hotline helps protect the employer in the event the employee chooses to file a formal complaint with another authority or bring a lawsuit against the company.

During a lawsuit, the Equal Employment Opportunity Commission (EEOC) places the burden of proof on the employer to prove it responded to and promptly corrected the complaint/concern even if the issue continued beyond the control of the employer.  By having an HR hotline, the employer can effectively provide the needed proof for their defense.

What is “Whistleblower Protection?”

Let’s start by defining what a “whistleblower” is. A whistleblower is defined as a person (employee) who discloses to the company and/or proper authority, any acts of misconduct, employment law or policy violation, harassment, discrimination, etc., within the workplace in which the employee believes to be illegal and/or deceitful in nature.

Whistleblower protection under federal and/or state law, prohibits employers from retaliating against an employee for discloses a complaint or concern. Retaliation includes adverse employment action, such as termination of employment, pay decreases, change in job responsibilities and/or assignments, intimidation or harassment, etc. The Whistleblower Protection Act of 1989 applies to public and government employees; however, many states have enacted whistleblower protection laws that apply to all state public and private employers.

Business owners are encouraged to seek guidance and understanding from an HR professional or labor law attorney regarding federal and/or state whistleblower protection laws that may apply to their employees to ensure compliance under the law(s).  Business owners are also encouraged to establish a company whistleblower and retaliation policy, which directs employees to the HR hotline to report any complaints and/or concerns.

To summarize, business owners will find great value in adopting and implementing an HR hotline for employees to report complaints and concerns. Employers are seeing the many benefits to having a hotline available to employees. Although there may be an expense to implementing a hotline, the cost benefit of reducing exposure and liability greatly outweighs the expense of the hotline.

Other FAQs to consider: 

How does implementing an anonymous HR hotline align with our company’s commitment to fostering a safe and transparent work environment?

Implementing an anonymous HR hotline reinforces our commitment to creating a workplace where employees feel safe and empowered to voice their concerns without fear of retaliation. By providing a confidential channel for reporting misconduct and violations, we demonstrate our dedication to addressing issues promptly and ensuring the well-being of our workforce.

What measures can we take to ensure the effectiveness of our HR hotline in mitigating risks and protecting the company from potential legal liabilities?

To maximize the effectiveness of our HR hotline, we can implement robust protocols for handling complaints, including thorough documentation and impartial investigations. Additionally, regular training for HR representatives and clear communication channels for employees can further enhance the hotline’s efficacy in addressing issues proactively and minimizing legal risks.

How can we leverage the insights gathered through the HR hotline to improve organizational processes and foster a culture of continuous improvement?

The data collected through the HR hotline can provide valuable insights into recurring issues and areas for improvement within the organization. By analyzing trends and feedback from employees, we can identify systemic issues, implement targeted interventions, and cultivate a culture of continuous improvement. This proactive approach not only enhances employee satisfaction but also strengthens our overall organizational resilience.

This article does not constitute legal advice and there are subtle variations in employment law as it pertains to this topic, depending on where your business operates. It is strongly suggested that you seek consultation or legal counsel before making decisions about policies.

Click the link to view the recent blog: What Employers Need To Refresh for 2021, Starting With: Job Descriptions or check back for more on human resources, payroll, insurance, and benefits.