TrendHR-HR outsourcing, PEO and staff leasing

How to Avoid EEOC Problems

2012-02-08T09:37:00.003-06:00

Develop and implement clear consistent policies and procedures. Policies should be created to support your company goals and create order in the workplace.

Policies cannot cause any type of adverse impact on any protected minority group.
Policies and procedures should always be based on legitimate business needs/objectives.

All employees must be made aware of the policies and sign a receipt and acknowledgement to keep in their personnel file. Policy enforcement must be consistent without making any exceptions. Failure to maintain consistency will increase your chances for losing a lawsuit.

Documentation is an employers best friend. It's your best resource and item of defense as an employer so take advantage and take time to document. Make sure to have notes of verbal warnings and maintain formal written documentation on disciplinary actions administered ensuring both the employer and employee have signed the forms. If an employee refuses to sign make sure to have a witness sign witnessing fact that employee refused.

Make sure that all terminations are justified and that employees have been treated fairly relative to others in the past. Also, if you have a problematic employee make sure to terminate them as soon as possible. Don't tolerate poor employee behavior and/or attitudes.

Remember that all employers are, for all practical purposes, guilty until they have proven themselves innocent. In order to prove your innocence, you must have written documentation.

How You Can Avoid Lawsuits

2012-01-19T09:07:00.000-06:00

As an employer you have a responsibility to ensure that complaints are taken seriously, investigated timely and thoroughly, appropriate parties are disciplined based on factsand that documentation is maintained and secured for your records.

Priority #1: Be Responsive to All Complaints

Never brush a complaint off
Always remain neutral
Keep an open mind and consider that the claim may be true
Act immediately, same day or no later than next day if you have a good reason
Gather statements from all parties with signatures and dates

Priority #2: Document and Keep Evidence Secure

File all notes about complaints and meetings in a separate claim file
Pull and file records, evidence and/or video of mistakes and/or behavior

Priority #3: Enforce Discipline

Discipline appropriate parties who were confirmed to violate policy through fact finding
Discipline any manager who was witness to incident who failed to address issue immediately

Keep in mind that there are always three sides to any story or complaint and your job is to get down to the facts of what has happened. It's not to say he or she was right but what has actually transpired based on what you can confirm. Make sure to advise all parties on what they did right and what they should've done differently.

How to Minimize the Impact of Flu Season on Your Workplace

2012-01-04T13:46:00.000-06:00

There's a lot you can do to prevent flu from invading your workplace, making your employees sick, increasing the risk of accidents, and creating havoc with work schedules. Here are some recommendations from Flu.gov.

Promote vaccination. Encourage all employees to get vaccinated for seasonal flu. Make sure your employees know where they and their family can get seasonal flu vaccination in the community. Find out about health providers, pharmacies or clinics that offer seasonal flu vaccinations in your community. Partner with a pharmacy or provider to get your employees vaccinated. Or, if possible, offer seasonal flu vaccination opportunities right at your workplace.
Educate employees to recognize the symptoms of flu. Symptoms of flu include fever or chills and cough or sore throat. In addition, symptoms of flu can include runny nose, body aches, headache, tiredness, diarrhea, or vomiting. Workers who have flu-like symptoms should be asked to go home. Continue to advise workers to check for any signs of illness before coming to work each day.
Encourage hand cleanliness by providing education and reminders about the importance of frequent hand washing. Make sure all employees have easy access to running water and soap or alcohol-based hand cleaners.
Encourage "respiratory etiquette" by providing education and reminders about covering coughs and sneezes with tissues, and easy access to tissues and trash cans.
Promote routine cleaning of surfaces and items that are more likely to have frequent hand contact. Provide employees with cleaning agents.
Prepare for employees to stay home from work and extend the time sick employees stay home to at least 7 days. People who are still sick after 7 days should continue to stay home until at least 24 hours after symptoms have gone away, even if they feel better sooner. Employees may stay home because they are sick, are at higher risk for complications, need to care for sick household members, or because schools have been dismissed or childcare centers have closed and they need to care for their children. Review sick-leave policies and consider making them flexible and consistent with public health recommendations.

Safety Daily Advisor

Don't Do This!!

2011-12-29T09:10:00.002-06:00

You hear and read about how important documentation is but what you don't hear is what not to do when you're documenting or speaking to an employee.

It's very important to follow these basic tips:

Be direct and concise about what the employee did and when they did it.
Document verbal discussions and warnings you had with the employee.
Document the discussed expectations and follow up plans for correction.
Remove emotion, sarcasm, the use of "you" and keep a neutral tone in written and verbal form.
Focus on facts and do not exaggerate the situation with unnecessary details.

Examples of what not to do in either written or verbal form:
"Amy just isn't pulling her weight which is causing co-workers to take on extra work."

Instead: Amy has failed to produce and send ABC reports each Thursday to the accounting department for the last 3 weeks. Because these reports have not been sent, the accounting department must redo their XYZ reports to add missing data never sent by Amy.

"You show no desire to be at work on time and you always have poor excuses."

Instead: I'm concerned about your attendance. The last two months you've had 6 late arrivals on ABCDEF days and called in without notice twice on XY days without an acceptable excuse or doctor note.

"Yet again, Amy is making mistake after mistake which shows she just doesn't care to do a good job."

Instead: Amy has made another mistake on her customer order sheet. This will be her 3rd time to submit a non-complete order sheet. Amy received training on how to properly complete the order sheet on X date and was directed to ask questions if she was unsure on anything.

"You're out again? Can you not work a full week. This is ridiculous."

Instead: Amy, we hired you to work a full time M-F 40 hour a week position that you accepted. Your repeated absences are interfering with your work schedule as you've only worked one 40 hour week over the last 5 weeks. I need to know how we can ensure that you meet the 40 hour expectation as that's necessary and required of this position.

Under no circumstance should you ever make comments about another employees performance in a public area because people are always ease dropping! Don't create a mess and unnecessary office gossip. Remember that employee performance should always be kept confidential.

What You Need to Know About Generation "Y" Workers

2011-12-20T11:00:00.000-06:00

Generation Y workers have been a hot topic for many as employers try to figure out who they are, what they want and how the employer can not only attract but keep them.

Generation Y is also referred to as the "Millennials." They were born between 1977 and 1997 and have the skills and green minds that a lot of employers want on their team. They are the future of the workplace.

They're tech-savvy because they grew up using technology at a young age and technology and social media is what keeps many employers alive and competitive in today's market.

Generation Y candidates are looking to work with a manager and management team that they can respect and learn from. They also want to work where the environment is positive and people are social. Having a flexible schedule and strong work/life balance is also very important to them. They'd rather work hard and long for 4 days and be off 3 days instead of working the typical 5 day 8-5 job. They're outside life is just as important as their work life. They also prefer to work with a company that is innovative and using the top technologies in their workplace.

Employers should be focusing recruiting efforts by using social media and clever job announcements. Managers should be trained on how to be mentors not just managers. Get to know your people and show a genuine interest in what drives them both personally and professionally.

Lift Employee Awareness About Safe Lifting and Lower Injury Rates

2011-12-14T09:25:00.000-06:00

Back injuries caused by improper lifting or overexertion are among the most common of workplace injuries. Good training and frequent reminders can reduce stress factors and reduce injuries.

You can never overemphasize safe lifting. In many workplaces almost every employee engages in lifting at some point during the workday. Some workers, like materials handlers, are constantly lifting and hefting heavy objects.

Safe Lifting Review
To avoid lifting accidents and injuries, train employees to follow this safe lifting procedure:

Position your feet a shoulder-width apart and place them as close to the object as possible. Make sure you have good footing so your feet do not slip when lifting.
Squat down next to the object by bending at your knees and hips.
Pull the load close to your body. When the object is close against your body, most of the weight of the object is supported vertically by your spine. However, if the load is held away from your body, then both vertical and horizontal forces are applied to your spine. Your spine cannot carry horizontal forces very well.
Get a firm grip on the object. You do not want it to slip or drop.
Tighten your stomach muscles to help support your back.
Rise up with your legs. Lifting your chin up will help prevent your bottom from sticking out and causing you to lift with your back instead of your legs.
Don't go it alone if the load is too heavy. Get help.

Tips for Safer Lifting
Share these tips for safer lifting with your workers:

Maintain good lifting posture. Keep your back straight and strong at all times. Do not bend over or twist your back.
If you lose grip on an object, let it fall. A little damage to a box, container, or other item is nothing compared to a back injury. Attempting to make a quick adjustment in order to hold onto or catch a slipping or falling object will likely result in some type of back injury.
Before doing work that requires a lot of lifting, spend a couple of minutes stretching back, legs, and arms. Stretching at the start of each workday will is also a good idea and will improve your back's strength and flexibility.

Safe Carrying
Carrying a load properly is a key element to back safety. While many back injuries take place during the lifting phases, many are caused by improperly carrying the object.

Proper load carrying means more than simply holding or supporting the object. Employees should understand the following points about safe carrying:

Make sure you can see where you're going. Trying to save time by stacking objects is not worth getting injured because you can't see clearly. Back injuries can also be caused by falling or tripping!
Take small steps, and make sure your footing is stable. Be especially careful on steps, ramps, and areas with uneven surfaces.
Take extra care if you are walking on slippery or wet surfaces. Even rainwater can cause a surface to become extremely slippery.
Don't twist your back when carrying a load. To turn, move your feet rather than twisting your back.
If you feel the load is "getting away" from you, stop and lower it to the ground. It is far better to have to lift it again than it is to try and wrestle it while it is being carried.
If you feel a load is too heavy to handle by yourself, ask for help carrying it.

Engineering and Administrative Controls
Encourage employees to use mechanical assist devices to relieve heavy load lifting and carrying tasks. Make sure lifting aids are readily available in areas where needed.
Rotate workers through several jobs with different physical demands to reduce the stress on back and upper body.
Schedule more breaks for materials handlers to allow for rest and recovery.
Vary the job content to offset back stress risk factors.
Adjust the work pace to relieve back stress risks and give the worker more control of the work process.

Company Holiday Parties: Could Your Organization Be Liable for a Drunk Driving Accident?

2011-12-07T10:23:00.000-06:00

The holiday season is almost upon us, which makes this a good time to talk about company holiday parties and potential liability for the intoxication of employees attending the party.

After attending a dinner purportedly sponsored by her employer, an airline employee got into a car accident with another vehicle, killing herself and the other driver. The administrator of the other driver's estate sued, claiming that the airline was vicariously liable for the employee's intoxicated driving. The employer claimed that Illinois law preempted it from any alcohol-related liability.

What Happened
The administrator, "Lane," produced evidence that the purpose of the dinner was to entertain the general manager of another branch of the employer, Korean Air, and that it had paid for the bill. The circuit court said this evidence created a genuine issue of material fact as to whether the employee was acting within the scope of her employment when the collision occurred, but it still dismissed the case, agreeing with the airline's claim that state law preempted its liability for the provision of alcohol. Lane appealed.

What the Court Said
The Illinois Court of Appeals explained that it has "generally refused to impose liability under [state law] on employers who supply their employees with free alcohol at employer-sponsored events."

In reviewing past case law, however, the court cited the case of a business operator who was found to have a "duty of ordinary care” to individuals who were killed because of the negligent operation of a motor vehicle driven by one of its patrons after the business operator “encouraged [an] invitee to bring alcoholic beverages onto its premises in order [to] consume to the point of intoxication; thereafter removed its invitee from the premises because of his intoxication; [and] ordered and assisted the invitee into the driver seat of his vehicle."

The court also cited a case in which two brothers were cleared of a negligence claim for providing alcohol to a plaintiff’s daughter, but were held liable after "voluntarily undertaking to care for her after she became unconscious" and not doing so. This ruling showed that an act of omission, as well as affirmative misconduct (such as placing an intoxicated individual in his car), could result in liability. These cases established "a difference between claims arising from the defendant's provision of alcohol and claims based on other theories of liability."

Lane argued that a jury could find Korean Air vicariously liable under the theory of respondeat superior for the employee’s negligent driving. Since the lower court had already determined that it was at least possible that the employee had been acting within the scope of her employment at the time of the accident, appellate judges agreed and allowed her case to go forward.

Source: Safety Daily Advisor

Preparing for the Holiday Fire Season

2011-11-30T10:16:00.000-06:00

Winter is a season to be particularly careful about fires, starting with cooking fires, which increase during Thanksgiving celebrations, and continuing all the way through New Year's Day. The season’s many holidays increase the danger of structural fires and fires related to candles and decorations, according to studies published by the U.S. Fire Administration, insurance companies, and safety interest groups.

USFA's January 2005 report, "The Seasonal Nature of Fires," said about 5,200 Thanksgiving Day fires in 2001 and 2002 required a fire department response and caused 11 deaths, about 51 injuries, and $21 million in property losses. Cooking caused about 43 percent of those fires, with ovens and cooking ranges ranked as the leading type of equipment involved in Thanksgiving Day residential structure fires, the report states.

The report defined the winter holiday season as Dec. 1 to Jan. 7 and says each of the holidays within that period "has the potential to change the profile of fire incidence and cause." Decorations, candles, electric lights, and live Christmas trees can be involved in holiday fires; the report says both Christmas and New Year's in 2001 and 2002 experienced more than twice as many structure fires caused by open flame compared with the average day in those years.

Winter fires also were more severe than average fires during the year and resulted in more injuries and more deaths, the report shows. While cooking fires increase on Christmas Eve and Christmas Day, there are fewer vehicle fires on Christmas Day than the year-round daily average. The total average dollar loss from an estimated 12,600 fires on Dec. 24, 25, and 26 fires in the two years was nearly $92 million, it states.

An excellent resource about fire safety for all seasons is NFPA's blog, located at http://nfpa.typepad.com/nfpablog/. Recent posts by the staff have discussed a new FDA initiative with partner organizations to prevent surgical fires, fire safety related to Halloween, the opening of a Denver field office by the NFPA Wildland Fire Operations Division.

By Jerry Laws

Tips for Organizing Personnel Files – Reward: Limiting Risk!

2011-11-22T09:27:00.000-06:00

Did you know it’s important to keep certain personnel records separate? Well it happens to be very important. Quite simply, you should have at least 2 separate personnel files for each employee.

Why should we have separate files for each employee?

There are both federal and state laws that require employers to administer and maintain multiple types of personnel records. Due to record sensitivity and subject matter, certain personnel records must be kept separate from the main personnel file. The primary file should house all records directly relating to the employees position with your company. Any non-job related records must be kept separate.

PRIMARY Personnel File (#1) - employees' personnel related records:

Completed Job Application (with attached resume, references, certificates etc)
Signed acknowledgement and receipt of handbook (policies/guidelines)
Employee agreement/non-compete (contract)
Direct Deposit & Payroll authorization forms
Change forms (pay, title, payroll, address etc)
Performance reviews
Counsels / disciplinary actions (completed forms)
Termination forms / layoffs / LOA
Equipment record (assigned items – company phone, vehicle, tools etc)

SECONDARY Personnel File (#2) - confidential, sensitive records:

This file will contain confidential and sensitive personnel information so should be restricted to authorized staff members only:

Completed Form I-9
Records of grievances or complaints affecting employment status
Survey of ethnic, disabled or veteran status
Workers’ compensation claims
Discrimination claims, charges and related documents filed with EEOC or state agencies, as well as records kept by employer to aid in investigations
Health and Life information (medical history and status)
ADA - Work restrictions or accommodation requests
Harassment claims and/or investigation results
Wage garnishment records

Keep your employee personnel files separate to protect your company and your employees. Failure to keep certain records separate could lead to large fines should your company ever be audited.

Workplace Cancer Risks

2011-11-16T10:23:00.000-06:00

Though your workers might associate cancer worries with the food they eat or the air they breathe, the truth is that there are cancer risks in the workplace, including:

UV exposure for outdoor workers
Secondhand smoke exposure
Carcinogenic chemical exposure

1. No Skin Off Your Back?

If you have outdoor workers, advise them that if they notice the following changes to their skin, report to their supervisor immediately:

Any change on the skin, especially in the size or color of a mole or other darkly pigmented growth or spot, or a new growth
Scaliness, oozing, bleeding, or itchiness, tenderness, or pain
Dark coloring that spreads past the edge of a mole or mark

They should also see a dermatologist, because these symptoms may indicate skin cancer. Review your workplace's precautions and protection procedures with your outdoor workers.

2. Great American Smokeout

On the third Thursday of this month (November 17), the American Cancer Society (ACS – www.cancer.org) will observe its annual day of encouragement and empowerment for smokers to quit. Remind your workers of these statistics that ACS has gathered on how stopping smoking can increase life expectancy.

Smokers who quit at the age of 35 gain an average of 8 years of life expectancy;
Quitting at the age of 55 gains about 5 years; and
Quitting at the age of 65 gains 3 years.

The ACS Great Americans website includes many helpful tips, programs, and calculators to help smokers quit. This is the year, and this is the day. Encourage your workers to do it!

3. Chemical Carcinogens

Millions of U.S. workers are exposed to chemical materials that could be carcinogenic. If any of your workers are in this group, train them to take these steps to protect themselves from carcinogen exposure:

Enter regulated areas only if you're assigned and authorized.
Wear assigned, undamaged personal protective equipment (PPE).
Inspect PPE before use to be sure it's undamaged and fits properly.
For standard operations in a regulated area, wear:
- Coverall, smock, long-sleeved shirt and pants, or other full-body protection
- Gloves
- Shoe covers
- Half-face, filter-type respirator.
For tasks with risk of direct carcinogen contact, wear:
- Impervious clothing, gloves, and boots, and
- A continuous-air supplied hood.
Don't keep or use food, beverages, cosmetics, smoking products, or chewing gum in regulated areas.
Remove PPE properly when you leave a regulated area.
Leave used PPE in area assigned for decontamination and/or disposal.
Wash hands, forearms, face, and neck before leaving the area.
Shower at the end of the shift or immediately after direct exposure.
Put on street clothes in the clean change room. Do not take contaminated clothing, PPE, or materials home.
Follow decontamination procedures for materials and equipment.

Safety Daily Advisor

Tips for Organizing Personnel Files – Reward: Limiting Risk!

2011-11-14T10:29:00.000-06:00

Did you know it’s important to keep certain personnel records separate? Well it happens to be very important. Quite simply, you should have at least 2 separate personnel files for each employee.

Why should we have separate files for each employee?

PRIMARY Personnel File (#1) - employees' personnel related records:

Completed Job Application (with attached resume, references, certificates etc)
Signed acknowledgement and receipt of handbook (policies/guidelines)
Employee agreement/non-compete (contract)
Direct Deposit & Payroll authorization forms
Change forms (pay, title, payroll, address etc)
Performance reviews
Counsels / disciplinary actions (completed forms)
Termination forms / layoffs / LOA
Equipment record (assigned items – company phone, vehicle, tools etc)

SECONDARY Personnel File (#2) - confidential, sensitive records:This file will contain confidential and sensitive personnel information so should be restricted to authorized staff members only:

Completed Form I-9
Records of grievances or complaints affecting employment status
Survey of ethnic, disabled or veteran status
Workers’ compensation claims
Discrimination claims, charges and related documents filed with EEOC or state agencies, as well as records kept by employer to aid in investigations
Health and Life information (medical history and status)
ADA - Work restrictions or accommodation requests
Harassment claims and/or investigation results
Wage garnishment records

Keep your employee personnel files separate to protect your company and your employees. Failure to keep certain records separate could lead to large fines should your company ever be audited.

Maximize Employee Involvement for a Safer Workplace

2011-11-09T11:39:00.001-06:00

Leader commitment and employee involvement are two "must haves" for a safe workplace. OSHA stresses their importance in standards and guidance documents. Consultants and unions encourage them. And safety managers of safe businesses attribute their success to them.

Certified safety professional Julie Sobelman, who oversees a large and diverse employee population as senior EHS consultant to the U.S. State Department, explained how to maximize employee involvement by keeping safety and health front and center all year long.

She advises building a 12-month safety calendar with low-cost programs that get people engaged. She says that safety and health should be integrated into work and culture, not stand-alone programs. "It's about creating a maximum opportunity for maximum participation."

Mix It Up
Sobelman reports that she always has at least one ongoing initiative in place. An example is Report It, Don't Ignore It, which encourages employees to report incidents, hazards, and near misses. The name of every employee who submits a report during the month is entered into a drawing. Winners receive a coin, which buys them an hour off work.

In addition to ongoing programs, Sobelman recommends short-term awareness efforts—for example, a forklift rodeo at a large warehouse operation.

A third category of safety program to encourage employee participation is what she calls "quick hits." These appeal to a broad demographic. An example would be a fall or spring campaign to change batteries in home smoke detectors when employees change their clocks. A minimotivator, like a pack of batteries, could be offered to encourage participation.

Source: Safety Daily Advisor - BLR

How to Determine if You’re Communicating Clearly!

2011-11-07T09:39:00.000-06:00

Almost everyone thinks they’re a good communicator. Are you one of those “It’s always them not me” mentality when something goes wrong because you know you told them to do it. Well the harsh reality is it’s probably just as much your fault the communication failed if not more.

So how do you make sure that you’re communicating clearly? Read body language.

The fact is that the employee doesn’t want to seem annoying or show confusion by asking questions when given direction. You have to keep that in mind and know what to look for so you can ask them the right questions to ensure they understand and heard you clearly.

Employees are known to do one or more of the following when confused:

Squint eyes
Avoid eye contact
Tilt their head
Close their mouth and keep their mouth closed
Lower their eyebrows
Cross their arms and legs

If you see any of this type of body language then you are probably not communicatingclearly. Ask the employee to restate what you asked them to do to make sure they heard you right. If they get it wrong then say “Almost, but this is what I actually need...”.

Don’t be the person who spits it out and walks off and then becomes angry when the task wasn’t completed properly. Engage the employee, be aware of their body languageand ask questions to ensure clarity.

Texas Law on Personnel Files!

2011-11-03T15:58:00.000-05:00

Did you know that if an employee requests a copy of their personnel file that you don’t have to provide it to them?

Did you know that if a disgruntled current or past employee’s lawyer requests a copy of the employees personnel file that you don’t have to provide it to them?

In Texas private employers are given the right to determine whether or not they wish to hand over a copy of an employees personnel file. Employers typically have their own confidentiality policy regarding personnel files which allow employees to view their file at any time. Other employers also allow employees to have copies of all documents signed by the employee. Neither is required but typical practices among Texas employers. It’s important to remember to follow your own company policy and to be consistent.

You can find more information on Texas law regarding personnel files by visiting http://www.twc.state.tx.us/news/efte/personnel_files_general.html.

Taxpayers May Benefit From IRS' Newly Announced 2012 COLA Adjustments

2011-11-02T10:44:00.002-05:00

As a result of the rising cost of living, the Federal income tax brackets will jump higher and taxpayers will be able to set aside an extra $500 in their 401(k) plans in 2012. The IRS recently announced their cost-of-living adjustments (COLA) for 2012 which are triggered when certain statutory thresholds are met. Highlights of the 2012 adjustments include:

The 401(k), 403(b) and most 457 plan contribution limits will increase to $17,000 (up from $16,500 in 2011). However, the catch-up contribution limit for those aged 50 and over remains unchanged at $5,500 in 2012.
The modified adjusted gross income limits for taxpayers that are covered by a workplace retirement plan and want to make deductible contributions to a traditional IRA will be phased out for singles and heads of household between $58,000 and $68,000 (up from $56,000 and $66,000), and for married filing jointly between $92,000 and $112,000 (up from $90,000 and $110,000).
For an IRA contributor who is not covered by a workplace retirement plan and is married to someone who is covered by a plan, the deduction is phased out if the couple's income is between $173,000 and $183,000 (up from $169,000 and $179,000).
The AGI phase-out range for taxpayers making contributions to a Roth IRA is $173,000 to $183,000 for married couples filing jointly (up from $169,000 to $179,000). For singles and heads of household, the income phase-out range is $110,000 to $125,000 (up from $107,000 to $122,000).
The IRS announcement on cost-of-living adjustments for 2012 also affects the standard deduction, the personal exemption and the 2012 tax bracket thresholds as well;
- The personal and dependent exemption will increase to $3,800 (up from $3,700 in 2011).
- The standard deduction for married couples filing jointly will jump to $11,900 (up from $11,600) and for single filers and couples who file separately will jump to $5,950 (up from $5,800).
- Tax bracket thresholds will also rise. For example, for married couples filing jointly, the 25% bracket will kick in at $70,700 (up from $69,000) this year. For single filers, the 25% bracket will start at $35,350 (up from $34,500). The top income tax bracket of 35% will apply to taxable income exceeding $388,350 for married couples and individual filers (up from $379,150).
The estate tax exemption for 2012 will be $5.12 million (up from $5 million in 2011). The higher threshold is scheduled to expire at the end of 2012 and the $1 million limit under previous law is set to return in 2013.
The annual exclusion for the gift tax will remain $13,000 for 2012.

Source: UHY LLP News Alert

Terminating Your Employees

2011-10-24T11:12:00.000-05:00

Employers fail to properly handle employee terminations and because they don’t manage their employees properly they put the company at risk for potential legal problems.

There are really 3 main reason why employers terminate employment. Employee’s are typically either terminated due to poor performance, misconduct or absenteeism.

Employer should be able to say yes to the following:

Has the employee been properly trained?
Has the employee been given a proper job description and outline of performance standards/expectations?
Does the employee know the proper code of conduct and which behaviors would be considered as misconduct?

If the employer can say “yes” to the above questions then they can start having formal discussions with the employee.

Employer should’ve had at least 2 discussions with the employee about their concerns with their performance, misconduct and/or absenteeism. The employee and employer should’ve agreed on an action plan for improvement in paper form and signed agreeing that performance must improve or disciplinary action, up to and including, immediate termination.

If the employee still fails to improve then you can terminate safely. You should have documentation on the performance discussions and a signed action plan to improve performance.

Remember that documentation is key. If you can’t prove that it happened then it never did.

Far too many employers just have verbal warnings and discussions with employees and find themselves in a bind when an unemployment claim or EEOC claim arrives in theirmailbox. Don’t be one of those employers!

Breast Cancer Awareness Month

2011-10-19T09:05:00.000-05:00

October is Breast Cancer Awareness Month (www.nbcam.org), so it’s a good time to give a brief wellness training on this topic. According to the American Cancer Society (ACS – www.cancer.org), more than 200,000 women a year—and 2,000 men—are diagnosed with breast cancer. It makes sense to focus this training on breast cancer in women, but let your male workers know that the ACS website has information for men in its “Detailed Guide: Breast Cancer in Men.”

Researchers don’t know what causes breast cancer, but they have identified several risk factors. The National Cancer Institute (NCI – www.cancer.gov) lists the following factors as increasing the chances of breast cancer. Give employees this list and have them privately check off how many factors apply to them:

Age—most cases occur after age 60
Personal history—cancer in one breast increases risk for the other
Family history—chances increase if mom, sister, or daughter had breast cancer
Breast changes—certain types of abnormal cells increase risk
Gene changes—genes include BRCA1 and BRCA2
Reproductive history—no children or late children increase risk
Menstrual history—pre-age 12 menstruation and post-55 menopause increase risk
Race—white women more at risk
Radiation therapy to chest—before age 30 increases risk
Breast density—more dense tissue and less fatty increases risk
Weight—overweight or obese after menopause increases risk
Activity level—less activity = greater risk
Alcohol—more alcohol = greater risk

If your workers checked factors that are under their control, e.g., weight, activity level, or alcohol, encourage them to make the changes they need to lower their risk. If they checked factors they can’t control, e.g., age, history, or race, urge them to get regular screenings for early detection—and their best chance for survival.

Regardless of a person’s factors, the good news is that early detection of the disease greatly increases one’s chances for survival. The ACS reports that when breast cancer is detected while it is still localized, which means it hasn’t spread to the lymph nodes, the patient’s 5-year survival rate is a whopping 98%. In fact, the ACS says there are more than 2 million breast cancer survivors in the United States.

Give your employees these ACS-recommended steps:

Breast self exams (BSEs)—women in their 20s should begin doing these regularly.
Clinical breast exams—women in their 20s and 30s should get these exams every 3 years as part of their physicals, every year when they reach their 40s and beyond.
Mammograms—women in their 40s should begin getting these annually.

Why it Matters

Breast cancer is a fairly common—and highly treatable—disease in women.
Even men can be diagnosed with breast cancer.
Early detection and treatment can lead to a 98% 5-year survival rate.
Giving employees the facts about this common disease can help keep them healthy and productive at work.

http://safetydailyadvisor.blr.com/

Simple Words that can Motivate Employees in a Down Economy

2011-10-18T09:10:00.000-05:00

The economy is still down and many companies have closed their doors and just as many have had to consider doing so at one time or another. Motivation and morale is hard to come by in the workplace when the economy is down and your company isn’t doing as well as you or your employees would like. This is an unfortunate truth but certainly a reality for many.

So what can you do to help lift spirits? How can you get your team motivated to reach and succeed company goals necessary to keep your doors open?

Well, it’s simpler than you may think. Some of the best and simple words that a manager can speak to their employees to help motivate and build morale are as follows:

Thank you (or) I appreciate your help
I made a mistake (or) I was wrong
What do you think
Great Job (or) Well done

All though these are simple, managers fail to use them as much as they should or even fail to use them at all.

It’s also important to do the following:

Recognize your employees – verbally, in written form, public praise. These are all FREE!!
Ask for input and ideas – when your meeting with your staff make sure to ask them for their input. This is motivating to employees and it makes them feel valued. Implement as many ideas as you can, as long as they’re practical.

Simple phrases remind employees that they matter and when a manager can recognize their good work then your team will be far more motivated to achieve desired results. Your employees need you to lead the way and if you’re not motivated then it’s definitely hard for them to be as well. Yes the economy can be stressful but it’s up to you and your team to pull together and succeed.

Start speaking these simple words to your staff today.

National Fire Prevention Week 2011

2011-10-13T11:43:00.000-05:00

National Fire Prevention Week 2011 will be observed Oct. 9-15. This year’s theme is: Protect Your Family from Fire, and according to FEMA Regional Administrator Ken Murphy, the 2011 campaign is all about keeping ourselves, our families, and our communities safer from fire.

“Annual observances like National Fire Prevention Week are excellent opportunities to focus on fire hazards—but we should all practice fire safety every day—at work, at play, and particularly at home,” Murphy said. “The most common causes of home fires include cooking, heating, electrical malfunction, smoking materials, and candles.”

Safety tips to reduce home fires include:

Stay in the kitchen when you are cooking. Many cooking fires start from “unattended” cooking.
Have heating equipment and chimneys inspected and cleaned annually.
If you smoke, smoke outside.
Keep flammable materials away from light bulbs, light fixtures, and lamps.
Use flashlights during power outages, not candles. If you do burn candles indoors, blow them out before leaving the room, and keep them away from things that can burn.

Murphy also cautions against complacency. “It’s officially Fall, and as temperatures become cooler, the rate of fire and fire-related deaths increase. FEMA and the U.S. Fire Administration (USFA) offer a wealth of safety information, fire prevention tips and resources online: www.fema.gov and www.usfa.dhs.gov,” Murphy said. “I encourage everyone to contact their local fire department to learn more about making their homes safer from fire, or how to best participate in fire prevention activities.”

Source: ohsonline.com

Tips for Addressing Disrespectful Employee Behavior

2011-10-12T09:20:00.002-05:00

What are examples of disrespectful behavior?

Bullying
Ignoring requests
Eye Rolling
Dirty Looks (unpleasant expressions)
Sighing
Clicking your tongue
Giggling conspiratorially with another coworker
Conduct, comment or display of behavior that would embarrass, humiliate, demean or belittle a person
Offensive or inappropriate remarks or gestures
Offensive or inappropriate jokes, including practical jokes
Swearing
Actions that invade privacy or personal property
Rude comments including sarcasm
Posters, calendars, cartoons that cause offense
Spreading Rumors and gossip that could damage a person’s reputation
Display or distribution of printed or electronic material that would offend
Verbal abuse including yelling and name-calling
Shunning, ignoring or isolating an individual
Abuses of power such as threats, coercion or bullying

The best tip is to always address poor behavior immediately. Do not wait until later to address poor behavior. Managers should not tolerate behavior that is unacceptable, negative and detrimental to the team. Far too often managers tolerate poor behavior and this tells the employee(s) that their behavior is acceptable. This in turn creates a culture for the company which teaches others that certain behaviors are “ok” causing more people to participate in the same poor behavior.

You’re the manager. You have the right and duty to correct unacceptable behavior. Correct poor behavior as it occurs with an immediate verbal counsel. If the employee continues to display the same or similar behavior then the manager should have a formal counsel with the employee. The counseling should outline unacceptable behavior in the workplace and the employee should understand that disciplinary action will result if the employee participates in such behavior moving forward.

Part 2 – How to Address Troublesome People Effectively

2011-10-07T09:12:00.002-05:00

After you’ve addressed the issue with the employee you need to discuss the solution and expectation moving forward. Have the person confirm that “I won’t do that anymore.”

Document, Document & Document.

As a manager you should always be practicing documentation. You never know when another issue will arise and you always want to ensure that you have proper documentation if anything does happen in the future. You should document the issue and file the details in the employees personnel file.

So what happens when you don’t address employee issues?

If you don’t confront problem employees expect the following to occur:

Poor productivity.
Increased problematic behavior as they realize they won’t be punished.
Loss of business due to difficult employee’s poor ability to interact with others.
Loss of talent because people get tired of dealing with an employee that gets away with things.
Rule violations & inconsistency throughout the team.

Again, sometimes being a manager isn’t all that great when you have to address challenging employees who display unacceptable, unprofessional and disrespectful behavior. But to be an effective manager you must address these challenges and address them adequately or your workplace will suffer the consequences of ignored problematic behavior.

2011-10-05T11:47:00.000-05:00

Brain research conducted in the past decade has found that moving from a sitting position to a standing position increases oxygen to the brain by 15 to 20 percent and that more oxygen in the brain means better learning.

"It's as simple as that," says Sharon Bowman, president of Bowperson Publishing & Training and author of Using Brain Science to Make Training Stick, her latest book.

"Movement—any kind of motion—increases oxygen to the brain, thereby giving the brain a cognitive boost. Conversely, sitting for extended lengths of time makes thinking and learning more difficult to do because the oxygen levels in the body decrease," Bowman explains.

She maintains that trainers need to build in opportunities for learners to move around during training. For example, have a "body break" at least every 10 to 20 minutes, trainees should be encouraged to:

Stand and stretch;
Turn and talk to those around them;
Bend and write;
Wiggle their arms and legs; or
Roll their heads and shoulders.

Part 1 – How to Address Troublesome People Effectively

2011-10-03T12:06:00.002-05:00

Sometimes being a manager isn’t all that great when you have to address challenging employees who display unacceptable, unprofessional and disrespectful behavior. But to be an effective manager you must address these challenges and address them adequately.

Too many mangers tolerate poor behavior because they do not like confrontation and having “the talk” so they’d rather see if it goes away on its own. Unfortunately, very rarely does poor behavior ever go away on it’s on. You have the authority to correct employee behavior so embrace it and take charge just as you should.

The most important goal for every manager should be to ensure that every issue is handled as quickly as possible. Immediate reprimand and corrections are ideal as the incident is fresh and can be addressed more adequately. Waiting to address issues can result in forgetting exactly what happened or the employee not really remembering what it was that they did wrong.

As a manager you must immediately address the behavior as soon as it happens.
Describe the poor behavior in detail so they understand exactly what they did.
Be clear on its impact and how it’s detrimental to their success as a team member.
Be clear and firm with the employee. They need to understand 100% that the behavior is unacceptable and will not be tolerated again. Don’t ‘beat around the bush’ to make the employee feel better.
Make sure the employee understands and agrees that a problem exists and that the behavior needs to be corrected.

Five Form I-9 Mistakes & How to Avoid them!

2011-09-28T10:28:00.000-05:00

Not processing Form I-9 timely or at all! - You only have 3 days from the date of hire to verify the employees eligibility to work. Even if the new hire only works 2 days you must still have verified their employment and have a complete and accurate Form I-9 on file.
Asking the applicant if they're eligible to work! - You never ask this question. You simply administer the Form I-9, provide the list of acceptable documents and explain that you need either an item for Column A or 1 item in both Column B & C. If they cannot provide any of the acceptable documents then you simply state "I'm sorry but we are required to verify whether or not your eligible for employment. If you're unable to produce documents outlined in the Form I-9 then we cannot employ you."
Not keeping records for the required time period! - Form I-9 must be retained either three years after the date of hire, or one year after the date employment is terminated, whichever is later.
Re-verifying all employees eligibility to work annually! - You can only re-verify I-9 forms for employees with expiring work authorization. You do not re-verify driver's licenses, U.S. passports or permanent resident cards or you would be considered non-compliant.
Failing to make a good faith effort in complying with I-9! - Take this seriously. Don't be comfortable with feeling as if your somewhat compliant or compliant enough. Designate a point person who ensures all "t"s have been crossed and all "i"s have been dotted. You will always be happy that you made than effort.

Don't be one of the audit stories where ICE found you to be non-compliant! Not only does it damage your reputation as a company but it can cost you thousands of dollars.

Be proactive! Audit your own practices and document all of your efforts. Documentation is key.

The Case of the Inadequate Machine Guard

2011-09-21T10:26:00.000-05:00

Machine guards are critical to the safety not only of machine operators but also of employees who work around machines. Here's a case in point.

An employee was sweeping the floor around a machine in operation.

Please note that written work rules did not specifically address an acceptable method of cleaning around machinery in operation. Nor was there any guarding around this machine's belt and pulley assembly.
The employee reached under a belt and pulley guard with a hand brush in her left hand. Her glove was caught by the in-running portion of the notched flat belt, which was approximately 16 inches from the floor. Her left hand was pulled into motor pulley, causing two compound fractures to her left arm and damage to the hand, including the complete loss of the middle and index fingers.

What Went Wrong
By reaching under the guard and under the machine, the employee put herself in danger.
The employee did not inspect the machine's guard to ensure it was adequate such that it would prevent her from touching or being caught in the machine's motion. She didn't know she was supposed to.
The guard did not completely cover the hazard. According to OSHA's inspection, there was a 4-inch gap between the guard and the machine body, which means a worker could have reached into the gap from the top or the sides. Also, the bottom of the belt and pulley, which was 16 inches from the floor, was not guarded at all.
The employee attempted to clean under the machine while it was still in operation. If the employee had waited for the machine to stop operation, then applied lockout and tagout to the machine before cleaning under it, she would not have been injured.
According to the OSHA inspection, there appeared to be a lack of written work rules regarding cleaning around machinery—especially when it is in operation.
There also appeared to be a lack of training because the worker did seem to be aware of machine hazards, the importance of guard inspections, or lockout and tagout practices.

Training Implications

Train employees to stay away from any machinery unless they are properly trained on the machine's hazards, guarding requirements, and how to safely work on or near the machine.
Teach employees who work around machinery to identify machine hazards (e.g., cutting action, punching action, shearing action, and nip points) and the location of those hazards.
Instruct machine operators to make sure all machines are properly safeguarded and that machine guards are in place and operating properly before operation.
Teach employees about OSHA's guarding requirements—for example, that guards must prevent bodily contact with the danger zone, be secured to the machine, prevent objects from entering the danger zone, and so on.
Tell workers who to contact if a guard is missing, damaged, or inadequate, and instruct them not operate the machine until the guard is fixed.

by Chris Kilbourne

It’s Worth Paying Attention to Payroll

2011-09-15T14:23:00.004-05:00

It’s safe to say that days ending in ‘y’ and starting with ‘pay’ are a favorite across the board when it comes to your employees. So it shouldn’t be difficult for us to remember how important the payroll function of our companies is; however, we do. Of course, we all like receiving out paychecks on a consistent, timely basis and, once in a while, remember to thank the payroll clerk for his or her efforts. But payroll processing can be a complex matter, one that requires diligent attention to detail and specific third-party mandates, specifically in the realm of health insurance.

A recent appellate court decision from the Tenth Circuit, Hansen v. Harper Excavating, Inc., reminds employers of the hazards of enrollment mistakes. This appellate court decision centered around an employee who was advised when first hired that he would be eligible under his employer’s health plan after a 90-day waiting period. Upon hire, the employee completed health insurance paperwork. Three months later, the employee discovered that the health insurance premiums were not being deducted from his pay. The employer’s benefits coordinator told the employee that his original paperwork had been lost and had him fill out a new set of enrollment forms, which she sent to the employer’s health insurance provider. The employer began regularly deducting premium payments from the employee’s paycheck henceforth.

However, after the employee quit his job a few months later, he learned that he never had coverage because the insurance policy actually specified a 60-day waiting period and required employees to apply for coverage between 60 and 90 days after starting employment, ultimately rendering the employee’s enrollment untimely. In other words, the 60 to 90 day window had passed by the time the employer actually submitted enrollment materials for the employee resulting in the insurance carrier rejecting the enrollment materials submitted by the employer. Later hospitalized, the employee sued in federal court to recover the unpaid medical expenses.

The federal trail court held that is was a breach of the employer’s ERISA fiduciary duty to provide inaccurate enrollment information and fail to inform the employee that his coverage never became effective. It then ordered the employer to pay over $57,000 in medical expenses plus over $102,000 in attorney’s fees and costs. The employer did not appeal this trail court determination – paying over $150,000 to an employee who worked for the excavation company for just six months.

After learning more about the employer’s actions through the first lawsuit, the employee filed a separate state court action. In this case, the employee asserts claims such as fraudulent nondisclosure, negligent misrepresentation, breach of the covenant of good faith and fair dealing and special damages—all based on an alleged worsening of the employee’s medical conditions caused by lack of regular medical care. Among other conditions, the former employee had spinal cord damage and blindness in one eye. The parties are still litigating these as state law claims.

Harper Excavating’s experience is a cautionary tale about the hazards of simple enrollment mistakes. To help avoid these mistakes, employers sponsoring insured plans must:

Be vigilant about understanding their insurers’ enrollment requirements
Provide clear communications to employees
Carefully track deadlines and paperwork

If, as an employer, you do not have the internal human resources expertise or bandwidth to perform this function with the necessary attention to detail and accuracy, you might wish to work with an experienced payroll service or professional employer organization.

This case demonstrates that the simple mistakes in payroll processing and health plan enrollment can be quite costly for employers. These mistakes can be easily avoided with a few easy steps, helping to ensure that pay day remains a happy one for your company.

By: Anne Wilde, The Idaho Business Review

Inexpensive Ways to Boost Employee Morale!

2011-09-12T09:59:00.001-05:00

Employees are more beat down than ever and its affecting performance and the overall work environment. Maybe the beat down is a result of 100 degree weather, high electric bills, gas and food prices and/or work stress. Regardless of the cause, employees are losing their spark and its your responsibility as the employer to help employees get back in the groove and stay motivated.

Examples of inexpensive morale boosters:

Jean Fridays!
Pot luck lunches!
EOM raffle drawings for employees who didn't miss work any days for whole month!
Rearrange the office setting!
Desk / Office Decoration contests!
Theme day - Dress like someone from a favorite t.v. show or movie!
Bring in Donuts!
Buddy Lunch! Put employee names in a hat, employees draw name!
Start meetings by having each attendee pick one thing they've accomplished that they're proud of that week.
Employee Recognition!

There are endless ways employers can boost morale. Be creative and think outside the box and you'll be amazed at what you come up. Happy employees = Happy employer.

Well-Conditioned Backs: Key to Injury Prevention

2011-09-01T13:04:00.000-05:00

Exercise is an important part of back safety. Even moderate amounts of exercise can help prevent painful back injuries at the workplace and at home.

When you think about back safety, think about back conditioning. Back conditioning is easy to do and will help to strengthen employees' backs as well as improve flexibility. Strength and flexibility are key elements to preventing back injuries on and off the job.

Back conditioning does not have to be complicated or expensive. By doing a few simple things, employees can improve the overall health of their backs and associated muscle groups.

Here are some key elements of a well-conditioned back:
Physical conditioning. Physical conditioning of the back means not only improving back muscles but also related muscles such as the ones in the stomach and thighs. Regular exercise should help keep the back strong, maintain your flexibility, and prevent strains and sprains.

Flexibility. Staying flexible and limber is also important. A back exercise program should emphasize flexibility so that workers can bend, turn, and twist their backs without injury.

Healthy weight. Carrying extra weight, especially on the belly puts a lot of extra strain on back muscles and is a frequently cited cause of back stress and pain.

Conditioning Exercises
While employees can certainly join a fitness club to get their exercise, they don't have to. Some of the very best exercises for the back can be done in just a few minutes a day without any special equipment or expense.

Among the best exercises workers can do to help improve the overall health of their backs and spines are the following:
Walking. A program of walking for 30 minutes a day will help strengthen muscles and prevent weight gain. Those new to walking as an exercise should start out slowly and work their way up. Remind workers not try to do too much too soon with any new exercise program.

Stretching and bending. A daily program of stretching exercises will help improve flexibility and keep the back in good condition. Stretching exercises might include bending backwards or sideways, rotating the hips, or twisting gently from side to side.

Sit-ups. Sit-ups help strengthen stomach muscles, which in turn help support the back. This is also a great exercise to help flatten the stomach.

Leg lifts. Leg lifts help strengthen the muscles in hips and buttocks. Leg lifts can be done while standing or while lying on the floor.

Squats. Squats strengthen the back, stomach, and leg muscles, and also help practice good lifting techniques.

http://safetydailyadvisor.blr.com/

Is A PEO Right For You?

2011-08-30T09:32:00.002-05:00

How can today’s entrepreneurs and small business owners compete with many of their larger rivals? That’s easy—steal a page from their playbooks.

Over the last decade, many large businesses have leveraged a business phenomenon known as business process outsourcing, or BPO. The concept is simple. The company focuses on their core competencies—its products and services, customers, marketing, etc.—and outsources critical, yet noncore, functions.

Today, many small businesses are leveraging this approach as it relates to human resources by engaging the services of professional employer organizations, or PEOs. As the name implies, PEOs can assume most of an employer’s administrative responsibilities and much of the liability as well.

Through a contractual relationship with a PEO, a small business (the average member of the National Association of Professional Employer Organizations [NAPEO] has 17 employees) can create a co-employment arrangement in which the small business retains essential management control over the work performed by the employees while the PEO assumes responsibility for producing payroll, withholding and remitting payroll taxes, and providing workers compensation and health and welfare benefits.

PEOs can reduce its clients’ exposure to liability stemming from allegations of wrongful termination, discrimination, and sexual harassment by helping draft employee policy handbooks. In addition, PEOs frequently offer employment practices liability insurance that protects both the PEO and its clients.

This type of business process outsourcing helps small businesses attract and retain quality employees and minimize costly employee turnover. Because PEOs aggregate hundreds or even thousands of small businesses, they can create economies of scale in health insurance, workers compensation insurance, technology (PEOs often provide employee Web portals), and human resource support. PEOs level the playing field for small businesses by providing them with a large company human resources experience.

Here are some things to consider when engaging a PEO:
Look for PEOs that are flexible and can meet your human resources needs.

Understand how the PEO’s employee benefits programs fit into your overall employee compensation. Can the PEO help you determine overall employee compensation?

Ask for client and professional references.

Make certain that the PEO is licensed if required in your state.

Carefully review the service agreement, which can be lengthy and involved. A typical initial service agreement covers 12 months. Anything shorter could be construed as a temporary employment arrangement and therefore potentially subject to taxes.

PEOs can free you up to run your business and attract and retain great employees so that your business will thrive, not just survive.

By: Joe Cole, NAPEO CEO

Are you, the HR Manager, Held Responsible?

2011-08-25T10:10:00.000-05:00

Yes, you are.

Employers and their HR Managers are responsible for labor law compliance. More than ever, HR managers are under pressure to ensure that their companies employment practices are correct and fair. Failure to do so and show good faith effort attempts to comply can lead to catastrophic claims paired with fines and back pay that no employer is ever prepared to pay.

Now you, the HR Manager, are being held personally liable for the files your responsible for. You can be charged and you can be fined.

As the HR Manager, you should be aware and able to explain the following:

Job Titles and Descriptions are maintained and current
All employees are classified as either Exempt or Nonexempt
Basis for Exemption classification
If anyone under 18 years of age is employee
If uniforms are required and how deductions are applied
Deductions to employees do not result in wage being reduced below minimum wage
If and how employee are paid for orientation, training time and medical test
If shift rates exist
How time is recorded
How overtime is paid
Any practices of rounding or automatic deductions
How employee wage garnishments are calculated, maintained and paid
Company policies and forms relating to the Family and Medical Leave Act

If you're unable to answer one or more of the items listed above then you likely have one or more practices that are non-compliant that would cost you should you be audited.

TrendHR can help! Contact us today for an internal audit! 1-866-582-1578

Form I-9 Common Errors

2011-08-16T11:19:00.004-05:00

Are you in charge of HR? Employee Files? Well you are responsible for ensuring employee file compliance!

Now days you, yes you, can be held personally liable for hiring and continuing to employee individuals not authorized to work in the United States. Protect your self and your company by reviewing your Form I-9′s and start making corrections TODAY!

Common Errors

ERROR: Liquid paper (white out), correction tape, scribbled out mistakes / any change obscuring information.

CORRECTION: Staple new/clean Form I-9 to the back. Complete the section over that contained errors.

ERROR: Over documentation. Document details in List A and B and/or C. Can only have B&C or only A.

CORRECTION: Staple new/clean Form I-9 to the back. Complete Section 2 only on the new form.

ERROR: Employee completed wrong section, Employer completed wrong section.

CORRECTION: Simple mistake like a signature in wrong place, have person who made error cross through mistake, initial and date.

ERROR: Terminated employee’s Form I-9 has errors but couldn’t reach them to get the Form corrected.

CORRECTION: Memo is completed, dated and attached to Form I-9’s for any terminated employees with missing or incorrect information. Documenting this shows the employer made a good faith effort to have corrected Form I-9’s.

ERROR: Errors are large or in several places.

CORRECTION: Staple new/clean Form I-9 to the back. Complete all sections. Dates must be current, cannot back date.

ERROR: Missing, Lost or Never Had a Form I-9 on file for Employee (Active or Terminated).

CORRECTION: Active employees must complete Form. Attach memo stating date realizing employee did not have a form and all dates must be actual, not back dated. Terminated employees are to be contacted and attempted to correct. Notes and action must be logged to support good faith effort.

TrendHR can help! Contact us today at 1-866-582-1578!

Challenging Time for Businesses

2011-08-09T11:14:00.000-05:00

In today’s challenging economic environment, business owners have to look for ways to increase efficiencies while reducing expense.

As we continue to try to stimulate the economy with implementation of small business, one of the most expensive and frustrating aspects for small business owners is understanding and complying with employment laws.

Along with the statutory requirements to provide workers’ compensation benefits, employers today are also faced with a gamut of other employment-related challenges such as ADA, ERISA, benefit requirements, not to mention hiring practices.

In recent years, there has been an increase in employment practices lawsuits which are not only frustrating, but expensive to defend. For most small business owners, the decision to go into business themselves surrounded a dream and special talent as well as an entrepreneurial spirit.

Most small business owners are not insurance experts, nor are they employment law attorneys. While the cost of workers’ compensation insurance has dropped significantly in the past several years, insurance is an industry that cycles up and down and employers are generally at the whims of those market cycles, making it unpredictable to budget into their business model.

Defending employment practices claims can cause a small business owner to go out of business if they don’t have insurance to protect themselves.

One solution to the increasing challenges presented to most businesses is utilization of aProfessional Employment Organization, or PEO. A PEO provides services such as payroll administration, workers’ compensation, safety services, human resource management, along withemployee benefits, if desired. By entering into a contractual co-employment relationship, business owners can transfer or outsource most of, if not all, of their human resource issues to experts and focus on the business itself.

A PEO can be a more competitive way to manage those aspects of the business. PEOs have been around for years and there are many different companies out there.

Some focus on payroll services with human resource services and products added on an á la carte basis while others are large publicly trades companies that offer profit sharing to their clients.

Most business owners approach their insurance program renewal dates dreading the process and results. It takes time and energy to evaluate the many options — time that could be better served focusing on the business of business.

PEOs often offer increased cash flow by eliminating deposit requirements, stabilizing expenses while eliminating the need for the annual renewal process and removing the cyclic nature of the insurance industry allowing business owners to better plan and budget these types of expenses.

In today’s challenging business economy, one alternative might be the use of a good PEO. To learn more about a Professional Employer Organizations, go to www.napeo.org.

By Andre Olivan

The Perks of Professional Employer Organizations

2011-08-02T13:27:00.000-05:00

Does this scenario sound familiar? You are a small business owner in the computer technology field and you have recruited the best talent in the area. You landed a large contract for services with a local company, you covered all of your bases and you’re ready to rock and roll … or are you?

Are you certain that your new-hire procedures are in compliance with your local employment laws? Are you up to date on the regulations that govern your benefit plans? Do you know all of the laws you have to follow that relate to the workplace? Chances are you don’t. In this situation, aprofessional employer organization (PEO) may be the answer you need to ensure your company not only thrives, but stays competitive in your industry.

PEOs originated when accounting firms started providing human resources-related services to their small clients. They expanded their standard accounting services to include payroll processing, payroll tax filing and other HR administrative functions. The difference between a PEO and other HR or payroll-outsourcing companies is the unique “co-employment” relationship between the company’s worksite employees and the PEO. The PEO, as the statutory employer, assumes the responsibility of specific employment-related liabilities. In this relationship, you as a small business owner do not have to be an expert on workplace regulations, since the PEO handles that for you.

The basic services offered by a PEO include:

Furthermore, many PEOs offer additional HR services for an additional fee. In most instances, the client company retains complete control of the recruiting, hiring and firing processes. The PEOensures the client is in compliance with current employment laws. Additional fee-based services can include: employee and supervisor training programs, performance reviews, employee counseling, preparation of policy and procedure manuals and creation of employee handbooks.

There are two primary advantages for a small business when it comes to retaining PEO services. First, the PEO’s trained HR professionals perform the payroll and HR functions. The client company can focus on growing their core business. An individual at a small company who has “taken on” these HR duties may lack the required experience and understanding of all the rules and compliance complexities surrounding employment administration. Researching employment regulations, processing payroll and filing tax returns takes time away from the client company’s primary business, costing the company money. Until the company reaches a size that allows for a full-time HR professional, enlisting a PEO is a cost-effective alternative.

In my experience, I have found that a PEO is an excellent alternative for small businesses. A PEOallows client companies to concentrate on what they do best. At the same time, the PEO helps the company differentiate itself from its competitors by giving them a recruiting and retention advantage. After all, in the end, it’s all about getting ahead of the competition.

By: Anthony Jernigan

Form I-9 Section 2 & 3 Overview - Part 2

2011-08-01T14:36:00.002-05:00

SECTION 2 - Completed by the EMPLOYER

List A - One Document Only

Cannot be completed in conjunction with B & C documents.
Employer verified approved documents selected by employee.
Complete title, issuing authority, document # and expiration date (if any).

List B - 2 Documents

Cannot be completed in conjunction with B & C documents.
Employer verified approved documents selected by employee.
Complete title, issuing authority, document # and expiration date (if any).

Certification

Completed by employer representative who verified documents for authorization to work.
Must be authorized and completed with 3 days of hire.
Representative must print and sign name and date .
Business name and full address must be completed.

SECTION 3 - Completed by EMPLOYER

Updating & Recertification

Update if employee is rehired, changes their name or has a new authorization document as the previous document expired.

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Form I-9 Section 1 Overview - Part 1

2011-07-29T10:22:00.002-05:00

Do you understand the basic sections of the Form I-9 and what you need to look for and complete?

Here's a general overview of what you need to know regarding each section of the Form I-9:

SECTION 1 - Completed by the EMPLOYEE

Employee Information

Address must be a street name and number (current or most current residence).
No PO box or work address.
Must be legal name.

Social Security Number

Social Security number NOT REQUIRED, Voluntary only (except for employers who participate in the E-Verify Program).

Citizenship Status

Employee must have identified his or her citizenship status by checking appropriate box.

Signature & Date

Employee must sign and date stating that the information they've provided is true and accurate.

Preparer/Translator

NOT completed by employee
Completed only if employee was physically unable to complete the form or needed a translator because they didn't understand English.

TrendHR can help! Contact us today at 1-866-582-1578!

HR Hot Topics Alert!

2011-07-28T09:10:00.000-05:00

Immigration compliance is HUGE!

What you, the employer and HR professional, should be aware of:

I9 audits are still increasing which means its not a matter of IF but WHEN. These audits don’t require a disgruntled eployee to file a claim, these are random and/or requested audits. No one is immune.

In 2010 there wre 2,200 audits but since the heat has been turned up for 2011, there has already been 1,000 audits in February alone!

There have been 180 grand jury and criminal indictments and $50MM in civil fines due to non-compliance.

Example of 2011 Audit – Teen retailer Abercrombie & Fitch fined $1MM fine due to electronic system failure!

HR personnel must be aware that they are now being held personally liable / responsible for paperwork compliance. So if you are the one signing off on the forms and the forms were completed incorrectly…. you may be held liable for paper and hiring violations.

Paper violations – $110-1100/violation (missing, incomplete, inaccurate)
Hiring violations – $375-3200/EE
No match SSN letter – not required to retain

Healthcare:

Nothing much has changed here and very little new information has been given to the public. There is still some uncertainty with all the provisions and there’s expectations leaning toward 2012 elections repealing or significantly limiting the actions as part of the legislation.

Whistleblower, investigation and retaliation issues:

Employers must not retaliate against any employee who may be a “whistleblower” by alerting state and/or government entities about employer practices. Understnad that “retaliation” leads all EEOC charges with 36.3%! Treat your staff consistently, fair and never retaliate against them as it will only lead to trouble.

The Department of Labor had a $10B increase in their budget which primarily will be spent to help claim filing easier and processing quicker.

Understand that you, the employer and HR professional, have the burden of proving that claims are not true and that your practices are compliant, fair and consistent.

Contact TrendHR today if you need help understanding how to be compliant! You can reach our friendly staff at 866-582-1578.

Safety in the Warehouse

2011-07-25T16:43:00.002-05:00

Materials Storage

Make sure shelves and racks are sturdy, in good condition, and can bear the weight.
Place heavier items close to the floor and lighter/smaller ones higher.
Don't block sprinklers or store items where they could contact overhead lights.
Read the label and material safety data sheet (MSDS) before storing hazardous materials.

Good Housekeeping

Keep all areas clean and neat, with everything in its proper place.
Keep floors and aisles clear and well lighted at all times.
Clean up spills immediately.
Dispose of trash promptly in proper containers.

Powered Vehicles

Operate powered vehicles only if you are trained and authorized.
Forklift operators must follow safe operating procedures for loading, traveling, and unloading.
Forklift operators should look out for pedestrians, being extra careful at blind corners, aisle intersections, etc.
Pedestrians must watch out for forklifts and remember that the operator's range of vision may be limited when the forklift is loaded.
Pedestrians should avoid forklift traffic lanes and cross only where it is safe.

Safe Work Habits

Follow safe work rules and make safety a constant priority.
Use ladders, not boxes, shelves, or chairs to reach high places.
Always wear any assigned PPE.
Use the safe lifting technique (bend your knees and lift with your legs) to save your back.
Ask for help from a co-worker or use a mechanical aid to move a load that is too heavy for you to lift and carry by yourself.

Safety Daily Advisor

Top 10 Reasons Clients use TrendHR

2011-07-20T15:53:00.000-05:00

Payroll Processing
Deposit & File federal, state and local tax liabilities
WC Insurance
WC - Injury Management
Risk Management / Safety Inspections
Employee Counseling & Disciplinary Actions
Employment Termination Practices
Benefits Enrollment
Benefits Consulting / Plan Management
Unemployment Claims

TrendHR also offers employment paperwork audits to ensure compliance to reduce your liability for having to pay penalties and fees before ICE, DOL or EEOC shows up at your worksite. Call us today before you get the notice, otherwise it’s too late.

We understand the importance and true impact of these types of audits on our clients and care about your risk of being next on the audit list. The penalties and fees posed on employers can put you out of business depending on the types of errors and number of errors. If it doesn’t put you out of business, it will definitely leave a mark that you’ll never forget.

Contact TrendHR today at 214-553-5505 for more information about our services and how we can help!

Motor Vehicle Safety

2011-07-18T14:12:00.001-05:00

Motor vehicle-related incidents are consistently the leading cause of work-related fatalities in the United States. Thirty-five percent of occupational fatalities reported by the Bureau of Labor Statistics are associated with motor vehicles. Between 2003-2009, on average:

1308 workers died each year from crashes on public highways.
316 workers died each year in crashes that occurred off the highway or on industrial premises.
347 pedestrian workers died each year as a result of being struck by a motor vehicle.

Motor vehicle crashes have economic costs in addition to human costs. In 1998-2000, motor vehicle crash injuries occurring on and off the job were estimated to cost employers nearly US $60 billion annually. On average, a fatality occurring on the job cost a business over $500,000 USD in direct and liability costs, and each nonfatal injury cost nearly $74,000 USD.*

Risk of work-related motor vehicle crashes cuts across all industries and occupations. Workers who drive on the job may be “professional” drivers whose primary job is to transport freight or passengers. Many other workers spend a substantial part of the work day driving a vehicle owned or leased by their employer, or a personal vehicle. In the United States, companies and drivers that operate large trucks and buses are covered by comprehensive safety regulations. In contrast, there are no Federal occupational safety regulations that cover the workers who use smaller employer-provided vehicles or personal vehicles.

For all workers who drive on the job, employer safety policies are a critical element in reducing crash risks. Employer policies may be limited to supporting and reinforcing state traffic laws. However, many employers choose to manage road risk more proactively through programs and policies to promote safe driving behaviors, ensure that work-related driving takes place under the safest possible conditions, and ensure that worker vehicles are safe and properly maintained.

www.cdc.gov *Source: U.S. Department of Labor & NHTSA

How to Deal with Poor Behavior / Attitudes!

2011-07-14T12:14:00.000-05:00

Managing personnel can be such a tricky job but failure to do so can lead to poor performance, poor employee/team morale and teaching others to act similarly if not controlled properly.

Managers are expected to "manage their people/staff" but time and time again fail to do so. Too many managers allow behavior to occur and continue. Only when the behavior is completely out of control do managers what to take action and its typically termination. Unfortunately, the manager failed to counsel the employee a couple times and has no documentation on the employees behavior which leads to even more problems.

Managers need to know what is considered poor behavior and how to correct them.

What is considered poor behavior / unacceptable behavior?

Insubordination

Failure to follow company policy
Failure or Refusal to follow instructions or orders from their manager/supervisor

Argumentative Reluctance
Consistent questioning of manager/supervisor decisions and/or orders
Consistent griping, moaning and sighs when given tasks / orders

Chronic Complainers
Every action is criticized, not good enough and their never happy with anything

Hidden Poor Behavior (behavior out of site)
Inform the employee that several reliable sources have observed XYZ.
Employee may object or argue with the claims but enforce that its not open for discussion.
Monitor the employee more closely and setup accountability processes to ensure proper behavior and a system of tracking actions.

How to correct behavior/attitude problems:
Clearly define the behavior and how it specifically is creating a problem or is unacceptable.
Explain how the behavior negatively impacts their work, relationships and/or the environment.
Only comment on facts not assumptions. Give detailed examples of how and when they displayed poor behavior.
Create an action plan for correction and a standard of appropriate behavior expected moving forward.
Follow up with the employee to ensure correction / improvement.

If you're having issues with employee behavior that you feel is out of control that you've exhausted your efforts contact TrendHR today! We can help! Call us at 866-582-1578.

How can you control costs and mitigate while growing your business?

2011-07-13T14:54:00.000-05:00

Consider working with a Human Resources Outsourcing (HRO) company!
Whether your company is small, medium or large, one way to ease the burden of day-to-day HR management, control costs and mitigate risk is to allow a full service HRO provider to take care of it for you.

You may currently work with several vendors to process payroll, handle benefits administration, access an HRIS, recruit and more. You may also be managing an in-house HR employee, increasing or decreasing staff, making compensation changes, providing training, attending to workers’ comp and government compliance issues, keeping up on regulatory changes in law and staying up-to-date with the changes in healthcare reform. This is a lot to manage. Costs can spiral out of control when you have to rely on so many vendors to get the job done.

All HROs are NOT equal. What to look for when sourcing HROs.
Find an HRO that is local to your business and offers comprehensive HR models including: Administrative Services Outsourcing (ASO), and Professional Employer Organization (PEO) which allows you to report employees under your HRO’s tax ID number helping you further mitigate risk.

An HRO that can provide you a dedicated client service team to answer questions and resolve issues is a plus, instead of directing you to a call center. To maximize employee retention, find one that affords your employees additional benefits like short-term and long-term disability, life insurance, access to a 401(k) plan, 529 college savings plan and Flexible Spending Accounts.

Implement HRO services now.
You don’t have to wait until next year end to make a change. You can begin transitioning your HR responsibilities to an HRO now, especially if you choose one that has a client service team to assist you.

By: Minneapolis/St. Paul Business Journal

Shoulder the Responsibility for Preventing Shoulder Injuries

2011-07-07T16:34:00.000-05:00

Shoulders are all too easily injured. And once they are, recovery might be slow, putting a worker out of action and creating production hassles. Here are some tips for preventing these injuries.

The shoulder is a ball-and-socket joint and is, in fact, the most mobile joint in the body, allowing 230 degrees of motion vertically and enabling us to reach out to either side or across the body in front.

If any of your workers have to reach, lift and carry, bend, or twist their bodies or perform other activities that place them in a nonneutral posture, they may be at risk for shoulder injuries.

Once you identify shoulder injury risk factors in your workplace, take these steps to prevent problems:

Minimize lifting. Provide mechanical assists, such as carts, slings, dollies, and jacks, to raise objects and hold them in place. Put materials as close to the area where they will be used as practical. For example, rather than piling roofing materials in a single spot, place them in different areas across the roof.
Lighten the load. When lifting cannot be eliminated, or when objects (such as tools) must be held at arm's length, ensure that the items being lifted are as light as possible. For example, a corded electric drill might be lighter than a battery drill. In some cases, lighter-weight building materials may be practical in construction. For heavy objects, a team lift can reduce the strain on individual workers.
Control motion. One of the most dangerous situations is a "save"—when a load shifts, or in a healthcare setting when a patient slips, and a worker attempts to prevent a fall. Minimizing the possibility of shifting or falling loads can help prevent these situations. For example, securing a load or using a jack or brace that holds a work piece in place may prevent not just shoulder injuries but crushing accidents as well. In a healthcare setting, using a patient-lifting device that secures the patient with a belt or sling before moving can save the patient from a fall and ensure that the healthcare worker doesn't have to risk a shoulder injury.
Improve the grip. Lifting requires more force, and is more difficult (and more likely to cause injury) when there's no easy way to grip an object—for example, drywall panels. Removable suction handles can be applied to flat surfaces in some cases. In a healthcare facility, gait belts and other devices can give healthcare workers an easy spot for holding unstable patients.
Encourage rest and stretching. Workers can minimize damage from lifting, overhead and arm's length work, and other jobs that put stress on the shoulder joints by taking frequent very short breaks (15-20 seconds) and gently stretching to relieve tension in shoulder muscles and ligaments.

-- Safety Daily Advisor - blr-news.com

It's Never Been Easier to Start a Business: Outsource your HR

2011-07-01T15:24:00.000-05:00

A decade ago starting a business was a daunting proposition. Payrolls, accounting, payment systems, supply-chain logistics – setting up all those back-office functions was expensive and time-consuming. Having a conference call required a lot of fancy equipment, and if there was any customer feedback, it came in the form of comment cards. What a difference 10 years makes.

Technology has dramatically lightened the load of entrepreneurs, and countless startups have sprung up with low-cost business models that capitalize on the potential of cloud computing, payment systems, mobile web applications, and social-media marketing.

Here are seven reasons why getting a business off the ground is easier than ever:

1. You Can Outsource HR
Having even a handful of employees can create a heavy administrative load for a fledgling business. Outsourcing a company’s HR needs – everything from payroll, benefits administration and tax compliance – can not just save time and money, but keep a new business from running afoul of the law. Outsourcing those functions can allow a business to save between 5 percent and 15 percent of payroll costs, depending on the company. There are professional employer organizations, or PEOs, like TrendHR, that offer a one-stop shop when it comes to handling HR tasks. A good place to get information on companies that do this is the National Association of Professional Employer Organizations.

2. The Cloud Lightens Your LoadCloud computing is a web service that remotely hosts all the data you can imagine, plus it can offer a myriad of related resources like IT support, or business software that also lives on the cloud. That allows entrepreneurs to get to their information from any device with an Internet connection. It saves money by helping avoid the costs of storing, maintaining, and updating a personal server. In fact, companies can expect to see a 25 to 50 percent savings in IT costs alone, according to one Microsoft study. And many cloud computing providers like Amazon or Dropbox provide data on how your cloud resources are being utilized, helping you better understand and plan for your company's needs.

3. Prototypes Are Now DIYIf your business makes a consumer product, you’ll need to design and manufacture a prototype, a scary prospect for many startups. Companies like Ponoko can make your concept into a digital model in a matter of minutes, which they can then produce using a global network of manufacturing facilities. Whether you're making a mobile app or a designer ring, you can select what materials to use, how many copies you want, and can even come back and make changes. Ponoko's co-founder, Derek Elley, says they have made more than 100,000 customer-designed products so far. The design files can be housed on Ponoko's server, allowing just-in-time manufacturing on even the smallest scale. If you'd prefer to have your own 3-D printer that whips up plastic models based on digital drawings, MakerBot Industries sells them for the starting price of $1,300.

4. Apple's iPad is Your New Virtual AssistantRent office space if you want, but these days your office is really wherever you are. The iPad takes that to the next level with a digital AV adapter that you can connect to a projector or TV for presentations. The iPad's video capabilities allow you to set up professional video conferences. And all those business cards you get during these meetings? The same video camera can double as a scanner and dump card information into your iPad's address book, which you can sync to other devices.

5. Apps Can Do Anything You Can't DoThere's almost nothing apps can't help you do, but some are better than others. Wufoo, for example, helps you create documents like order forms, online surveys, and employment applications, all without knowing a lick of html. Another great app, GoToMeeting, allows you to do everything from simple video conferencing to live interactive training. And if you need to take payments, apps like Square turn your iPhone into a credit card machine. Google Wallet takes this a step further: The app not only allows people to turn their phone into a credit card, but business owners can use that connection to offer up loyalty programs and coupons to customers via their cell phones. The bad news? For now, it's only compatible with Nexus S4G on the Sprint network.

6. You Can Geo-Target Your CustomersThe most recent Merchant Confidence Index found that Facebook ads are among the best way of getting to the locals because they offer location-based marketing. Google’s Small Business Network also offers Google Adwords, which means when someone Googles using one of your keywords, your ad can appear next to the search results. These services allow you to more easily scale your ad buys as your business grows, track exactly where customers are coming from, and in most cases spend far less money than you would on a traditional media ad.

7. Google Alert Your Way to a Better Customer ExperienceCustomers may not always tell you directly that they didn't like your product or service, but they rarely hesitate to write a nasty review online. You can set up Google Alerts to e-mail you every time someone mentions keywords, like your company's name. Nothing says you take your business seriously like addressing a customer's complaint directly.

By: Jessica Ramirez, The Fiscal Times

How to Hire Better Candidates!

2011-06-27T16:24:00.001-05:00

Hiring key people with the right skills, abilities and experience make the difference in how successful a company can be and can become over time. Failure to take appropriate steps in hiring can be costly for various reasons. Think about how many people you train for a few months or even a few weeks but they just couldn't get the job done and/or didn't meet your overall expectations. You spent time on training, you paid them and now you have to start all over.

Turnover is expensive so here are some tips on how to build a strong committed team by implementing these strategic recruiting tips:

Spend time creating a candidate profile / job description. Take time considering what this person needs to have with regard to skills, abilities, experience and/or education. Make sure its directly related to the position and the positions success with the company.
Post the Job Ad where you feel qualified candidates will be looking. Consider Craig's List, Career Builder, Cable T.V. ads, local newspapers, college recruiting sites and/or physically post in locations where the community gathers.
Customize the Ad for the type of candidate your seeking. If its a graphic designer position, make the posting visually creative and colorful. If its for a Director of Operations, take more time making the job description structured and organized with a strong sense of the company and the positions importance, if its for a entry level clerical job then make it clean and simple.
Conduct a Pre-Employment interview. Ask open ended questions and try to get the applicant to talk more about whets not on their resume and ask several situational questions. Be creative and ask questions that they won't find on a standard "10 Interview Questions to expect" list that they can find through Google.
Verify their past and current employers and education! So many applicants lie in some form or fashion so weed out those who failed to be honest. You will be surprised on the rate of misrepresentation you'll find when you verify their background.
Administer screenings / tests directly related to the position to get a feel of whether or not the employee can successfully fill the position and handle their responsibilities effectively. If they're interviewing for an accounting position test their excel, math and detail oriented skills. If they're interviewing for a customer service position test their grammar, people skills and ability to handle conflict.

If you take the time up front to properly recruit and screen candidates then your success rate will improve drastically. Its important to understand that any practice you start must be maintained and administered consistently to avoid issues of discrimination. All applicants need to go through the same process.

TrendHR offers Staffing Solutions that can be found and requested by visitinghttp://www.trendpersonnel.com/.

Contact a TrendHR Representative today if you'd like us to take the Recruiting and Interviewing headaches away by calling 214-553-5505!

Texas Payday Law Basics - Are You in Compliance?

2011-06-22T14:35:00.001-05:00

All Texas business entities, regardless of size, are covered by the Texas Payday Law.

Employers must have pay day information posted for employees near / with Federal Employment posters. It's best to post in the employee break room or next to the clock in / clock out stations. Make sure to also have pay frequency (weekly, bi-weekly, semi-monthly) and other pay related information in your company handbooks for your employees to reference.

The most common question employers have is when to pay a terminated employee. There are two basic scenarios:

Employees who are terminated by the employer must be paid within six (6) calendar days following the date of their termination.
Employees who resign / voluntarily quit must be paid their final pay earned / due to them on their next regularly scheduled payday.

The second most common question is what can and cannot be deducted from an employees paycheck. Its very simple if you follow this basic rule:

Deductions are allowed if authorized by law or by court order or
Authorized by the employee in writing and in advance (before deduction is made)

WARNING: Directly from TWC Texas Payday Law Summary "If the Commission determines that an employer acted in bad faith in not paying wages as required by the statute, the Commission may assess an administrative penalty against the employer in the amount of the wages claimed or $1,000, whichever is lesser. Penalties in the same amount may be assessed against an employee who files a wage claim in bad faith." (http://www.twc.state.tx/ui/lablaw/pdlsum.html)

TrendHR offers clients various Quick Tips and Trains over major topics such as Pay Day Laws. Contact TrendHR today to see how we can help you become and maintain compliance at 866-582-1578.

ICE Audits Increase

2011-06-20T09:08:00.000-05:00

By MIRIAM JORDAN

The Obama administration intensified a crackdown on employers of illegal immigrants, notifying another 1,000 companies in all 50 states Wednesday the government plans to inspect their hiring records.

Businesses across the U.S. that rely on low-skilled labor are working to stave off Immigration and Customs Enforcement audits, which can lead to the loss of large numbers of employees, reduced productivity and legal expenses.

Wednesday's surge in so-called silent raids drew criticism from both the U.S. Chamber of Commerce and immigrant advocates.

It brought to 2,338 the number of companies audited by ICE in the fiscal year that began Oct. 1 and topped the prior year's record of 2,196. The audits, affecting such businesses as garment makers, produce growers and fast-food chains, result in the firing of every illegal immigrant found on a company's payroll.

For employers, the audits can lead to both civil and criminal penalties. The possibilities range from fines and being barred from competing for government contracts to criminal charges of knowingly employing illegal workers, evading taxes and engaging in identity theft.

Employers of all sizes were notified they must hand over I-9 employment-eligibility forms, which contain Social Security numbers, dates of birth and statements by employees of their citizenship status. ICE didn't identify the businesses because of "the ongoing, law-enforcement-sensitive nature of the inspections," said a spokeswoman, Gillian Christensen.

Officials of ICE, a unit of the Department of Homeland Security, said the audited companies operate in areas defined as "critical infrastructure and key resources," including food production, information technology, financial services and construction. Affected businesses could include cargo handlers, caterers of food for the military and builders of dams and highways, said immigration lawyers.

The U.S. Chamber of Commerce in the past has refrained from making public comments about the audits. But on Wednesday, Randy Johnson, a senior vice president, said: "We are concerned the audits are being based more on a fishing expedition than firm facts."

He added, "Because these audits can cost millions of dollars in lost productivity and attorneys' fees, the government should move carefully and only when based on solid foundation that there is in fact illegal behavior." ICE doesn't reveal its criteria for deciding who gets audited.

The U.S. is home to about 11 million illegal immigrants; two-thirds participate in the labor force, according to the Pew Hispanic Center. They typically use a made-up Social Security Number or the identity of a legal U.S. resident or citizen.

Entire sectors have come to rely on illegal workers. Clothing maker American Apparel laid off more than a quarter of its factory workers, or 1,500 employees, after an audit in 2009. It later blamed the audit for a loss of productivity that brought it to the brink of bankruptcy.

Chipotle Mexican Grill, which owns and operates nearly 1,100 outlets, has let go hundreds of workers since an audit that began last year in Minnesota and stretched to Virginia and Washington, D.C. Restaurant analysts expect the company's financial results to be affected as it seeks to hire and train new workers.

Illegal immigrants are the backbone of some sectors of U.S. agriculture. "Given the fact that, admittedly, 70% to 80% of our work force is improperly documented, ICE audits can eliminate that percentage of our productive capacity. You cannot stay in business," said Tom Nassif, president of Western Growers, an association of fruit and vegetable growers and packers in California and Arizona.

Many employers say they don't have the ability to police their work forces. They say they also fear discrimination lawsuits, which some have faced, for demanding additional documents from workers they suspect are in the U.S. illegally.

In the past, ICE agents have initiated audits in one region, and companies in the same business were unlikely to face inspection elsewhere. But "businesses can no longer assume an audit is isolated in one location. It's spreading nationwide," said Julie Myers, ICE chief during the Bush administration, who advises companies on immigration.

She said some companies are trying to do "proactive I-9 inspections" to ensure their work force is legal.

Larger employers have been increasingly targeted since the establishment earlier this year of an ICE audit office outside Washington.

Enforcement activity during the Bush administration focused on high-profile raids in which thousands of illegal immigrants were arrested and placed in deportation proceedings. Relatively few companies and their executives were prosecuted.

In contrast, the Obama administration has made employers the center of its enforcement strategy because jobs are the magnet for illegal immigration, officials say.

The strategy has been interpreted as an attempt by the president, who favors an overhaul of immigration laws, to show hard-liners he is cracking down on illegal immigration.

It draws flak from more than one part of the political spectrum. Advocates for immigrants say it forces workers to leave well-paying jobs with benefits for lower-paying positions in the underground economy.

"I-9 audits do not diminish the unauthorized work force. Instead, they disrupt operations and expand the cash economy, as workers find jobs with bad-actor employers who exploit them," said Eliseo Medina, International Secretary-Treasurer of the Service Employees International Union.

Peter Schey, an attorney for American Apparel, called it "a senseless policy in the name of making a down payment on comprehensive immigration policy."

Foes of illegal immigration, such as House Judiciary chairman Lamar Smith (R., Texas), say the audits are ineffectual because they don't result in deportations and enable dismissed illegal workers to find other jobs and displace Americans.

Rep. Smith introduced legislation this week to make mandatory the use of E-Verify, an electronic database run by the government, which checks the work-eligibility of hires.

Wendy Madden, a business immigration attorney in Montgomery, Ala., said several of her clients, in utilities and food production, had received notices of inspection from ICE, and were surprised because they have been participating in E-Verify. "The fact you participate in E-Verify doesn't mean you won't be audited," she said.

How to Reduce Workers' Compensation Claims!

2011-06-14T09:14:00.003-05:00

Wow! What an expense this can be for any sized employer. Some claims can almost put an employer out of business if the employer failed to make good faith effort in protecting and getting injured employees proper care. So how can you reduce your exposure to Workers' Compensation Claims?

Well all you have to do is:

Make sure you have a solid and good safety program in place with proper employee training.
Make sure you hire good people with strong work ethics! If they genuinely want to work hard and do a good job then injuries are less likely to occur.
Make sure all injured employees are sent to seek medical attention immediately. They need to have medical exams to ensure correct and timely treatment as well.
Understand and recognize injuries not covered by Worker's Compensation.
Make sure all injured employees submit to a drug test post accident.

TrendHR provides small to medium businesses with Workers' Compensation & Loss Control Services. For more information contact us at 866-582-1578.

Are You Paying Your Employees For All Compensable Time Owed to Them?

2011-06-13T09:05:00.005-05:00

Employers fail to pay employee for time that is considered compensable. In general, employees who perform any work (required or not) must be paid for the time they put in. Now there are some exceptions to this but not many.

There are generally 4 different categories to note:

Employee Training: If its directly related to the employees job and involuntary (required).
Travel Time: outside the typical "home to work, work to home" commute and required / requested of the employer to serve a customer or the employer.
Waiting Time and On-Call Time (with exception)
Rest Periods: If less than 20 minutes and employee is non-exempt.

Each of these categories have certain criteria that must be met but in general, if they work, they must be paid. If they're traveling outside normal work to home commute, you pay them.

To make sure your compliant and paying your employees appropriately, contact TrendHR today. We can take the HR Headaches away and provide you with the support and information you need which in turn allows you to focus on your core compentecies.

Contact us today for a FREE quote (866) - 582-1578.

Are Your Federal Law & EEO Posters Up-To-Date?

2011-06-10T11:35:00.003-05:00

Employers need to make sure they have the required Federal Employment Law posters at each worksite. You want to have these posted in a common Employee area such as the break room or by the clock in/out station.

Required posters that you should have posted:

Fair Labor Standards Act (FLSA)
OSHA
USERRA
Polygraph Protection Act (PPA)
Equal Employment with new GINA regulation
FMLA (if you have 50 or more employees)
Payday Details (created on your own but posted and visible to employees)

You can find posters related to your State at www.dol.gov/oasm/programs/osdbu/sbrefa/poster/matrix.htm
You can visit http://www.dol.gov/ to make sure your current Federal Law posters are current. You can print the new ones but make sure you refer to the font and paper size requirments.

TrendHR keeps clients up todate with Federal Posting Requirements! Feel free to contact us today for a FREE Quote!
You can contact us at 866-582-1578.

New Health Care Reform Site Launched

2011-06-08T09:04:00.000-05:00

Aetna has just launched an on-line resource for employers and individuals regarding the Health Care Reform. You can visit - http://www.aetna.com/health-reform-connection/index.html

The US Department of Health and Human Services has also created an on-line tool for consumers which provides access to health information, resources, and quality, affordable health care coverage options:

Launched July 1st, 2010 - WWW.HEALTHCARE.GOV
These on-line tools will provide the following:

Public health care options
Private health care options
Options tailored specifically for individual needs
Easy comparisons of health insurance plans for consumers and small businesses
Easy navigation and accessibility to multiple resources

Trend will continue to post Health Care Reform resources as they become available.

Basic HR Tips for Supervisors

2011-06-06T14:03:00.004-05:00

When an employer conducts background checks they must be careful about the process in which they use to obtain applicant information.

Below are rules and tips on how to conduct legal background checks to protect your company from legal liabilities:

Follow company policy concerning background checks for every applicant.
Make sure that you have a signed disclosure and authorization form for every job applicant.
Give each applicant a written notice when background checks are required. Inform them of what types of checks will be made.
Inform the applicant that any false or misleading information may result in refusal to hire or employ. Misinformation may also lead to termination or discharge if discovered after the person is employed.
Discuss the company’s interest in keeping a safe and productive work environment for all staff members, thus the reason for the background check.
Consistency is very important. Make sure that each applicant receives the same type of background check for the same job position.
Only conduct background check if job offer is made. Also, let the candidate know that the job offer is contingent on the background results.
Any negative or potentially damaging information uncovered by the background check should be discussed with the candidate. Give them an opportunity to explain.
All background check information must be kept confidential. This information should be kept in the employee’s permanent personnel file.
Base the extent of all background checks on the risk and responsibilities for each position.

The trend in HR is to look at the past 7 years. States have different laws on how far back you can look but Texas doesn't specify.
Employers are simply asked to assess the following:

The nature and gravity of the offense or offenses
The time that has passed since the conviction and/or completion of the sentence
The nature of the job held or sought

If you focus on these three areas of concern and the risk is too high then you made a good faith effort to protect your company, employees and customers. If you assess these three areas of concern but you can't provide a clear answer for why an applicant was denied employment then you may find yourself in hot water.

You could be held liable for discrimination so make sure applicants are only being denied if there's a direct correlation with their background and the position they'll be in if hired to work for your company.

TrendHR offers background check services for clients. Should you or any member of your team have questions or concerns about conducting background checks, please contact TrendHR at 214-553-5505.

Let Somebody Else Do It

2011-06-03T09:17:00.000-05:00

There's an option for small companies that want to ease their human-resources headaches: have their employees work for someone else.

In this setup, sometimes known as co-employment, your staffers still do their day-to-day jobs for you. But on paper they work for another company called a professional employer organization. These outfits function as the HR department for hundreds or thousands of small businesses, doling out paychecks, managing employee-related taxes and administering benefits.

They also make big promises about simplifying back-office operations and making small companies more competitive. But you'll need to do some heavy lifting to get the most of out of the deal—from researching your potential partner to easing employees' fears about the setup.

Shifting the Burden
The big selling point of co-employment, obviously, is streamlining. Small companies can skip lots of the hassles involved in human resources, such as managing employee paperwork and staying current with employment laws.

Then there's the matter of benefits. Professional employer organizations can pool together workers and get lower rates on health insurance than a small business could find on its own. These firms also "can offer your workers other perks you never see in a small organization," such as extra training, a crisis or counseling hotline and easy online access to benefits information, says Frank J. Casale, chief executive of the a research and consulting firm.

What's more, many professional employer organizations offer companies employment-practices liability insurance—often expensive for small businesses seeking it on their own—to pay damages and legal costs should a worker sue for, say, wrongful termination.

In return for all this, you might pay a fee per employee, a percentage of your total payroll or a flat monthly charge. Of course, all of that's on top of paying your workers' salaries, taxes and insurance premiums.

Finally, remember that hiring a professional employer organization doesn't mean you can wipe HR from your mind. "It's still your company," says Mr. Casale, adding that you want to show employees you're not abandoning them. Tell them that "you'll still have your parking spot and that the day-to-day isn't changing."
By LOUISE LEE

When Is It Time to Fire Someone?

2011-05-31T11:07:00.003-05:00

In this stressed, 24/7-networked world — where clients and customers expect a rapid-speed reply to e-mails, texts and Twitter feeds — how does a manager or business owner give overworked employees room to breathe and still ensure the job gets done?

The same technology that allows for quick business communication can also make it easier for employees to check personal e-mail and Facebook at the office, work from home, or check into the office while traveling. While these can be inherently positive things for a workplace, at what point does an employee’s behavior become suspect or even warrant dismissal?

The firing line

“Firing-worthy offenses vary from company to company, but there are some universal offenses,” says Christina Stovall.

But we’re not talking about glaringly obvious infractions such as theft, fraud, disclosure of confidential information, or the sale or use of drugs or alcohol on the job. We’re referring to the soft side of trying to balance employee satisfaction with maintaining a productive work environment.

That’s where the line of demarcation becomes much blurrier. What qualifies as disruptive employee behavior — is it abusing social media, taking frequent breaks, underperforming while telecommuting, or missing too many days of work? How do you measure these infractions in today’s constantly connected world, and do they matter if your employees are getting their jobs done?

To be sure, it’s rare that one infraction leads to a firing. Companies generally fire people when the problem behavior is cumulative. But deciding how many times is too many is more an art than a science. “The line is crossed when the company determines it has been crossed,” says Stovall.

The good news is there are guidelines that can lay a foundation for helping you decide when to fire someone. Here are three things you need to do, as recommended by Rick Dacri, author of “Uncomplicating Management”:

Set expectations up front. When employees know exactly what is expected of them, they are better able to follow through with results. Clearly setting expectations works for the employer as well.

“It is best for the company to have policies and procedures in place so employees know what they can and cannot do,” says Gabriela Cora, leadership consultant and speaker. “The more specific it is, the better it is, so you don’t provide ways for ambiguity and questioning,” she says. Ultimately, you want to focus on performance with quantifiable goals.

Hold employees accountable. That means once an employee knows the rules and is given fair warning, he or she must be held accountable. For example, let’s say you have a policy that says employees are granted a maximum of four unexplained absences. “Don’t wait till the fourth time,” says Dacri. “You sit them down the first time. This sends a clear message that you know they’re not at work — you care about them but that you need them to get the job done.”

Holding employees accountable is especially important for those managers or business owners who allow for telecommuting. “While companies aren’t able to monitor their employees every second of the day, they are able to implement safeguards to ensure that the work is being done,” says Stovall. Regular conference calls, webinars or Skype calls to touch base and clear deadlines help to keep productivity up.

Communicate frequently. “A lot of performance-related problems can easily be corrected if the manager simply goes up to the employee and speaks to them,” says Dacri. Indeed, there isn’t one managerial issue that communication can’t effectively resolve. Take, for example, telecommuting employees. When their production slips, they don’t show up for meetings, or you can’t get in touch with them via e-mail or phone — even if this all happens just once — it’s time to talk.

The truth is, if you hire the right people to begin with, open communication, trust and mutual respect will follow. “With a strong team in place, you can have open dialogue and promote a trust environment where employees feel they can approach their manager with issues as well as successes,” says Stovall.

Remember: Know when to hold employees accountable, and don’t assume the worst of your team by keeping them on a tight leash. Allowing a little Facebook and personal e-mail (or some other leniencies) might mean building a lot of trust and a happy, productive work force in the long term.

By Toddi Gutner

The Friday before Memorial Day is Don't Fry Day

2011-05-27T09:33:00.000-05:00

The National Council on Skin Cancer Prevention has designated the Friday before Memorial Day as Don’t Fry Day. The Council’s goal is to encourage sun safety awareness by reminding everyone to protect their skin while enjoying the outdoors on Don’t Fry Day and every day.

Remember to Slip! Slop! Slap!...and Wrap when you’re outdoors — slip on a shirt, slop on sunscreen of SPF 15 or higher, slap on a hat, and wrap on sunglasses.

Do Not Burn - Sunburns significantly increase one's lifetime risk of developing skin cancer, especially for children.
Avoid Sun Tanning and Tanning Beds - UV light from tanning beds and the sun causes skin cancer and wrinkling.
Generously Apply Sunscreen - Generously apply sunscreen: about one ounce to cover all exposed skin 20 minutes before going outside. Sunscreen should have a Sun Protection Factor (SPF) of at least 15 and provide protection from both ultraviolet A (UVA) and ultraviolet B (UVB) rays. Reapply every two hours, even on cloudy days, and after swimming or sweating.
Wear Protective Clothing - Wear protective clothing, such as a long-sleeved shirt, pants, a wide-brimmed hat, and sunglasses, when possible.
Seek Shade - Seek shade when possible and remember that the sun’s UV rays are strongest between 10 a.m. and 4 p.m.
Use Extra Caution Near Water, Snow and Sand - Water, snow and sand reflect the damaging rays of the sun, which can increase your chance of sunburn.
Check the UV Index - The UV Index provides important information to help you plan your outdoor activities in ways that prevent sun overexposure. The UV Index forecast is issued daily by the National Weather Service and EPA. Visit www.epa.gov/sunwise/uvindex.html
Get Vitamin D Safely - Get Vitamin D safely through a diet that includes vitamin supplements and foods fortified with Vitamin D. Don't seek the sun.

Epa.gov

Basic HR Tips for Supervisors

2011-05-25T12:26:00.001-05:00

Hire top performers. Job descriptions, pre-screening, pre-employment testing, back-ground checks, and the interview are very important in helping you find the best candidate for the position.
Trend can assist you in these areas as requested.

Pay your staff competitively. Remember that turnover is expensive, so paying a little more means the employer may make more profit.
Train supervisors on all employment laws. The best way to stay out of court for harassment, discrimination, or other employment related issues is to learn about the many different employment laws and train and re-train your staff.
Train your employees about company policies. Discuss your handbook policies periodically with supervisors and staff to avoid employment law issues. Trend provides a company handbook for your convenience. Trend can customize your handbook at your request.
Increase your productivity and profitability by monitoring the occurrence of tardiness and absenteeism. Also, communicate your standards for performance on a regular basis. Communication is essential and vital to the profitability of your company.
Are you compliant with state and federal recordkeeping practices? Legal liability may result from poor documentation. Don’t chance losing a wrongful termination, theft, or sexual harassment suit because of poor documentation or worse yet, none at all. Documentation is critical in employment lawsuits and also as a basis for raises, disciplinary actions, promotions or terminations.
Documentation also allows you to weed out all low performers or employees with poor attitudes and/or unprofessional behavior. If a team member is not performing to your standards, it is unfair to you and your team. Remove them from your organization as quickly as possible. Remember the saying, “One bad apple can spoil the whole cart.”
Be honest when conducting performance appraisals for employees. An employer should be very clear on what is expected and how the employee may improve.
Investigate all employee complaints. All complaints should be taken seriously and investigated quickly. Document the results of the investigation and action taken.
Be alert to retaliation claims. Your employees have a right to file a complaint without the fear of reprisal of any kind. Retaliation is worse than the complaint and can be more costly and detrimental.

Contact TrendHR today if you need help or have any questions about any of these basic HR tips. We can help! Call us at 214-553-5505.

What a professional employer organization can do for your business: The PEO concept

2011-05-24T09:12:00.000-05:00

It is my firm belief that the most direct route to business success is the ability to coordinate and tap the knowledge of a "master mind group."

An intimate look at high ranking politicians or the heads of Fortune 500 companies reveals that their success comes from their ability to effectively use an expert group of advisers. You won’t find these leaders hiring the bottom bidders or the most affordable staff they can find. They know the value of surrounding themselves with the best minds possible. This is the value a good PEO offers businesses.

Not only does the business benefit from partnering with an expert HR staff, it many times receives this benefit at a savings over their previous costs. After all, your time should be spent doing what you do well; running your business. Let the PEO make employing easy and make your business more profitable. The PEO partnership can truly be a win-win for your business.

As a final note it is advisable that you ask your PEO how they fare in comparison to other PEOs when it comes to competitive pricing.

Some PEOs may break their quote into several categories in an effort to show pricing that looks better than their competition. When comparing PEO companies it is best to have them quote you one cumulative average number as a percentage of payroll so that you may easily compare a real world number from PEO to PEO. Have the numbers explained to you and ask about additional charges that may be added for services that are not included in the number quoted to you.

You will find some PEOs have myriad additional fees that may be charged on top of the number quoted to you. Simplicity is usually best and a PEO that gives you a simple to understand quote with a limited number of figures and a limited number of extras will usually make you much happier in the long run. This is provided that they have experience, history and a good number of employees under management.
By: Eric Snethkamp

How to Handle Poor Employee Behavior!

2011-05-19T17:05:00.002-05:00

Unfortunately some employees will behave in a disrespectful manner to either their manager or to their peers from time to time. It’s the manager’s job to observe, address and correct disrespectful behavior in the workplace. The manager has to understand that they're responsible for the behavior that occurs in the workplace. If behaviors consistently occur and become more and more unmanagemeable its really the managers fault. If the manager fails to address the behavior when it first occurs and fails to address the issue when it reoccurs then you teach your staff that the behavior is acceptable and that it will be tolerated.

You cannot be afraid to manage your staffs behaviors. Take your role seriously and understand that its your job to keep staff in-line and its your job to discipline / terminate when they fail to correct their behavior. Employees will only do what they're allowed to do. It's really that simple.

So what are examples of disrespectful behavior that you possibly have seen or experienced in the workplace?

Bullying
Ignoring requests
Eye Rolling
Dirty Looks (unpleasant expressions)
Sighing
Giggling conspiratorially with another coworker
Conduct, comment or display of behavior that would embarrass, humiliate, demean or belittle a person
Offensive or inappropriate remarks or gestures
Offensive or inappropriate jokes, including practical jokes
Swearing
Actions that invade privacy or personal property
Rude comments including sarcasm
Posters, calendars, cartoons that cause offense
Spreading Rumors and gossip that could damage a person’s reputation
Display or distribution of printed or electronic material that would offend
Verbal abuse including yelling and name-calling
Shunning, ignoring or isolating an individual
Abuses of power such as threats, coercion or bullying

The behavior listed above are unprofessional, disrespectful, immature, non-productive and shouldn't be tolerated in the workplace. These types of behavior can affect the overall work environment because it can cause tension in the workplace. Employees may feel uncomfortable coming to work and/or interacting with certain team members and overall employee productivity will be affected.

Basic Overview of Form W-4

2011-05-16T08:47:00.002-05:00

Form W-4 is completed by new employees so that the employer can withhold the correct federal income tax from the employees pay. Anytime an employee's personal or financial situation changes they should complete a New Form W-4 to adjust their withholding appropriately.

The Form W-4 doesn't calculate the actual dollar amount to be withheld from the employees pay but rather the number of "allowances" requested by the employee.

Employees can determine their allowances one of three ways:

Personal Allowances Worksheet (main one used/most common)
Deductions and Adjustments
Two Earner/Two Job Worksheet.

The Personal Allowance Worksheet is the most commonly used worksheet and it's very self explainatory. You really only need to have the employee read the question and answer it if applies to them. The questions are listed as A - H. The employee needs to start with Line A to determine the amount of allowances they're eligible for. The employee will end with Line H where it asks them to total the number of allowances they listed from Line A- Line G. This would be the number of allowances their eligible to claim and what you need to enter into your payroll system.

Agents benefit when they consider PEOs as option for some clients

2011-05-12T09:01:00.000-05:00

As agents continue to try and find the best fit for themselves and their clients as it relates to workers’ compensation insurance coverage, it is important to consider all options available in today’s marketplace. One option that needs to be strongly considered is the use of a PEO (Professional Employer Organization) for not only workers’ compensation coverage, but for all of the added benefits that can be gained for both agents and clients alike.

In a PEO relationship, client companies are partnered as co-employers. While maintaining the benefits of ownership, such as the ability to hire and fire employees, set wages, and autonomously manage your own business, companies that partner with a PEO are free from many of the liabilities associated with being an employer. With the expertise PEOs have in the field of payroll, unemployment taxes and health benefits, business owners no longer have the risk and headaches associated with these responsibilities. PEOs, particularly the more established ones in the industry, have experts in these areas that will ensure payroll, benefits and taxes are processed and reported correctly. As co-employers, they also take on the liability for correct reporting associated with these programs.

Besides the obvious advantages a PEO can offer to business owners, agents can benefit tremendously from placing their clients with a PEO as well. This is particularly true in the areas of marketing support and agent commissions. While the standard workers’ compensation market pays commission solely as a percentage of the total premium generated on a given account, PEOs offer a much wider range of commission structures that will allow agents to increase commission revenue while still providing their clients with the lowest cost workers’ compensation option. PEOs will typically pay agents on a percentage of gross wages or as a combination of gross wages and workers’ compensation premium. In addition, commissions do not decline upon renewal, and there are no volume commitments placed on agents by most PEOs. This arrangement helps agents to maximize client retention and foster loyalty within their client base while building a profitable residual revenue stream.

As opposed to earning commission on just the workers’ comp piece, agents earn commission on the entire HR outsourcing model through a PEO. The benefit to the agent is particularly eye-opening in the white and grey-collar sectors, where premiums and commissions are particularly low due to the inexpensive nature of the associated workers’ compensation classifications. For example, take a clerical risk with $1 million in annual payroll. The premium on this level of payroll may be only $5,000. Where an agent can expect to collect possibly 10% of this premium ($500) in annual commissions, a PEO commission structure equal to 1% of that $1 million in annual payroll would garner an agent $10,000.00 in annual commission. This 2000% increase in commission revenue cannot be ignored. While the commission benefits related to these low-risk classes of business are astonishing, there are additional commission dollars available for all types of businesses, even high-risk exposures. Agents can almost always earn more commission through a PEO than through typical stand-alone policy arrangements.

What many agents do not realize is that some PEOs actually own their own insurance companies and are able to offer workers’ compensation coverage not only on a payas-you-go basis, but often for a much lower annual cost than a typical stand-alone policy. PEOs that own their own insurance companies are also positioned favorably to write certain classes of business that are frowned upon by many insurance carriers, such as trucking, staffing and roofing risks.

Another great benefit of entering into a business relationship with a PEO that owns its own insurance company is that the PEO will have the same agenda as business owners when it comes to limiting and properly managing workers’ compensation claims. Since they are responsible to pay any workers’ compensation claims, it is in the PEOs best interest to manage and minimize claims, and, as such, they have fully staffed divisions dedicated just to this purpose. While the PEO benefits from keeping claims down, so do their client companies. Through loss control and risk management efforts initiated by the PEO (at no cost to their clients) as well as their claim management expertise, client companies ultimately benefit through reduced experience mods, lowering workers’ compensation costs for many years to come. A company with a stand-alone workers’ compensation policy is on its own when it comes to loss control and managing claims. There is typically no one fighting to keep costs down on their behalf, and, even if there is, they rarely have the level of expertise that a PEO with its own in house insurance company will possess.

Just from a workers’ compensation standpoint, these factors alone make the PEO a unique and cost-saving option. However, in addition to the potential cost savings on workers’ compensation insurance, PEO’s also offer many other benefits to agents and clients that do not exist in the standard Workers’ Comp market. For example, PEOs will perform payroll services, provide and manage benefit packages, file both state and federal unemployment taxes, and most importantly allow business owners and executives more time to focus on the core of their business, free from the burdens of these intricate and time-consuming responsibilities.

As a word to the wise, agents need to ask themselves, “Have I ever risked losing or even lost an account to a PEO?” If the answer to that is “Yes”, then it only makes sense to consider fostering a relationship with at least one PEO that can be used as an option to place their accounts. Agents that have used PEOs as a replacement or supplement to their current carrier options can find PEOs to be an effective solution for businesses large and small in virtually all types of industries. It is important, however, to partner with an established and reputable PEO (preferably one with its own insurance company) that has the financial stability and expertise needed to service their accounts for the long haul. Finding the right PEO will maximize the potential benefits to both agents and clients alike, providing a valuable resource and an outstanding additional option to agents looking to find the best fit for themselves and their clients.

Elizabeth L. Porter is the Mid-Atlantic region’s broker manager for FrankCrum, a professional employment organization based in Clearwater, Fla. She can be reached at 301-922-6578 or lizp@frankcrum.com

New Health Care Reform Site Launched

2011-05-10T10:00:00.002-05:00

Aetna has just launched an on-line resource for employers and individuals regarding the Health Care Reform. You can visit - http://www.aetna.com/health-reform-connection/index.html

The US Department of Health and Human Services has also created an on-line tool for consumers which provides access to health information, resources, and quality, affordable health care coverage options:

Launched July 1st, 2010 - WWW.HEALTHCARE.GOV

These on-line tools will provide the following:

Public health care options
Private health care options
Options tailored specifically for individual needs
Easy comparisons of health insurance plans for consumers and small businesses
Easy navigation and accessibility to multiple resources

Trend will continue to post Health Care Reform resources as they become available.

Tips for Completing Form I-9's

2011-05-09T08:42:00.002-05:00

Form I-9 is used for Employment Eligibility Verification before you hire an individual to work.

This is a government form and it is updated from time to time so make sure you stay current by using the most recently updated form. You can visit http://www.uscis.gov/portal/site/uscis and click on Forms on the top right of the screen.

The employee must be presented with the Form I-9, Insutructions and List of Acceptable Documents. If they're not all availble to the employee then you will have violated federal regulations regarding employment eligibility verification.

Employees are required to complete a Form I-9. You cannot require a volunteer, independent contractor or trainee to complete a Form I-9.

Section 1.

Must be completed by employee unless physically unable.
Must be completed before Section 2.
Must be legal name of employee.
Address must be a street name and number of the employees residence
Post Office box or Work address is not allowed.
Give the employee a new form if they make any obvious errors.
Employee must sign and attest their citizenship status.
If for any reason the employee needed a translator or someone to prepare the document due to any disability, the translator or prepare must complecet the Preparer/Translator Certifaction section.

Section 2.

Employee must select the documention, employer cannot require which documents to use for verification
Employer must present List of Acceptable Documents to the employee for guidance and options.
Employee can only complete either List A OR Complete both B and C. Not both. You cannot over document.
Employer is to carefully examine documents provided by employee in order to appropriately fill out section 2.
Employer must certify the Month, Day and Year the documents and form were reviewed/completed.
Employer must complete their information below Certification.

Section 3.

Must remain blank. Only complete if they employee is being reverified or information is being updated.

Making corrections to the form:

White out is not acceptable. Error made must be visible.
Corrections can be made by drawing one line through an error, write the correct information, intial and date the change.
If the reason for the change isn't obvious then you must attach a signed and dated memo with the explanation
Corrections/changes must only be made by the person who made the error.

Reasons to Terminate Employees

2011-05-06T08:40:00.002-05:00

Employees can be terminated for the following reasons:

1.) The Employee violated a known company rule/policy that they signed and agreed to follow.

They signed the policy and new that failure to follow such policy would result in disciplinary action, up to and including, immediate termination. You have the signed document in their file and inform them upon violation that they're being released because of their failure to follow company rules and/or policies.

2.) The Employee is not able to perform the job adequately.

You've informed the employee that their performance is not meeting company standards and you've given them an opportunity to improve their behavior. You gave them resources if they needed it and you gave them an appropriate amount of time to correct their performance based on the severity of the performance issue. They signed a counseling form understanding that they needed to improve their performance or failure to do so would result in disciplinary action, up to and including, immediate termination.

3.) Insubordination.

The employee failed to follow orders even after being warned that they must follow orders / protocol. They should have been warned that they must adhere to / follow your orders / company protocol or they would be terminated for insubordination. If they continue to be insubordinate then you terminate their employment.

4.) The company is reducing is workforce for economic reasons.

As an employer, you have the right to reduce your work force when your business slows down. The key is to make sure that your inform your staff that your letting them go because of the lack of sales / production. Make sure that your layoff doesnt cause a disparate impact on a group of people who fall under a protected EEOC category.

5.) Temp job / assignment has ended.

When you hire people as "temps" to complete work on a temporary basis then their assignment will end as the job is completed. The employee was told up front that theywere working on a temporary assignment. You let them go once the assignment is over. You may have to let them go for one of the reasons listed above before the assignmentends.

When you cannot prove that any of the above are true then you will have failed to follow the law and will be considered to have wrongfully terminated an employee. If they're part of a protected class then you are in real big trouble because you then have the issue of discrimination. Make sure you understand that if the employee you wish to terminate doesn't fall into one of the four categories listed above then it is advised that your contact your lawyer or HR department for guidance.

Contact TrendHR at 214-553-5505 if you find yourself in a situation that you're not sure how to handle. How you terminate your employees is incredibly important because you can easily create hardships for you and your company if you fail to terminate properly.

Use Caution when Terminating Employees

2011-05-04T10:09:00.002-05:00

erminating an employee is not an easy task. With the increase in lawsuits and employment law claims, an employer must be cautious during this process. When you have reached the conclusion that it is time to terminate an employee, please keep the following in mind:

Be sure you have maintained very accurate records of employee discipline in the event of a dispute. Has the employee been given at least one written warning?
Has the employee been given reasonable opportunity to correct the issue?
Remember, when terminating an employee of a protected class or an employee who has recently made a complaint or exercised a statutory right, the employer’s decision should be completely independent of those factors. Do you have accurate documentation of any and all complaint investigations involving the employee?
Be honest with the employee about the performance problems leading to the termination. Always be tactful and professional. Be quick and to the point.
Do not discuss the termination with other employees prior to the event. The termination should be private and confidential.
An employer should never send an e-mail or text regarding a termination decision.
It is best to have another supervisor or HR manager present during the termination meeting. The third party should take notes on what was discussed in the event of a dispute. The termination should occur in a private area away from other staff members. Minimize contact with other employees.
It is important to follow your policy and procedure for all terminations. All terminations should comply with your policy. Review your policy with management and staff periodically.
It is best to terminate an employee early in the week. Termination before a weekend or holiday is not recommended. Termination at the start of the week allows the employee to begin searching for new employment.
Have a security plan in place should a terminated employee become violent or irrational during the termination meeting.
Has all company property been returned? It is also recommended that an employer back up all computer files before terminating the employee, as not to lose valuable information should the employee decide to delete information.
Prepare final paycheck

Tornado Tips

2011-05-02T09:19:00.002-05:00

Tornadoes are nature’s most violent storms. Spawned from powerful thunderstorms, tornadoes can cause fatalities and devastate a neighborhood in seconds. A tornado appears as a rotating, funnel-shaped cloud that extends from a thunderstorm to the ground with whirling winds that can reach 300 miles per hour. Damage paths can be in excess of one mile wide and 50 miles long. Every state is at some risk from this hazard.
Some tornadoes are clearly visible, while rain or nearby low-hanging clouds obscure others. Occasionally, tornadoes develop so rapidly that little, if any, advance warning is possible.
Before a tornado hits, the wind may die down and the air may become very still. A cloud of debris can mark the location of a tornado even if a funnel is not visible. Tornadoes generally occur near the trailing edge of a thunderstorm. It is not uncommon to see clear, sunlit skies behind a tornado.
The following are facts about tornadoes:

They may strike quickly, with little or no warning.
They may appear nearly transparent until dust and debris are picked up or a cloud forms in the funnel.
The average tornado moves Southwest to Northeast, but tornadoes have been known to move in any direction.
The average forward speed of a tornado is 30 MPH, but may vary from stationary to 70 MPH.
Tornadoes can accompany tropical storms and hurricanes as they move onto land.
Waterspouts are tornadoes that form over water.
Tornadoes are most frequently reported east of the Rocky Mountains during spring and summer months.
Peak tornado season in the southern states is March through May; in the northern states, it is late spring through early summer.
Tornadoes are most likely to occur between 3 p.m. and 9 p.m., but can occur at any time.

What to do Before a Tornado
Be alert to changing weather conditions.

Listen to NOAA Weather Radio or to commercial radio or television newscasts for the latest information.
Look for approaching storms
Look for the following danger signs:
- Dark, often greenish sky
- Large hail
- A large, dark, low-lying cloud (particularly if rotating)
- Loud roar, similar to a freight train.

If you see approaching storms or any of the danger signs, be prepared to take shelter immediately.
What to Do During a Tornado
If you are under a tornado WARNING, seek shelter immediately!
A structure (e.g. residence, small building, school, nursing home, hospital, factory, shopping center, high-rise building)

Go to a pre-designated shelter area such as a safe room, basement, storm cellar, or the lowest building level. If there is no basement, go to the center of an interior room on the lowest level (closet, interior hallway) away from corners, windows, doors, and outside walls. Put as many walls as possible between you and the outside. Get under a sturdy table and use your arms to protect your head and neck. Do not open windows.

A vehicle, trailer, or mobile home

Get out immediately and go to the lowest floor of a sturdy, nearby building or a storm shelter. Mobile homes, even if tied down, offer little protection from tornadoes.

The outside with no shelter

Lie flat in a nearby ditch or depression and cover your head with your hands. Be aware of the potential for flooding.
Do not get under an overpass or bridge. You are safer in a low, flat location.
Never try to outrun a tornado in urban or congested areas in a car or truck. Instead, leave the vehicle immediately for safe shelter.
Watch out for flying debris. Flying debris from tornadoes causes most fatalities and injuries.

---fema.gov

Documentation Excuses that Cost Employers

2011-04-28T09:52:00.000-05:00

“I don’t have time” and/or “It’s not that big of a deal” are excuses that cost employers in the long run.

Have you found yourself in any of the following situations?

Situation A: You find yourself considering letting an employee go due to poor performance and/or behavior. You haven’t formally addressed their performance issues with them, but surely they know they haven’t been performing up to company standards. You’re ready to terminate their employment today OR maybe you decide to wait until the end of the week because you’re too busy to terminate them today. Come Thursday or maybe even next Monday, you finally terminate the employee.

Major Mistakes:

Employee wasn’t counseled on issues as they happened.
Failed to address the performance / behavior issues with the employee before deciding to terminate their employment.
Zero documentation exists on the employee regarding their poor performance.
What are the possible results from the mistakes?

Terminated employee had no idea that they were going to be terminated and react poorly.
Terminated employee could file suit for wrongful termination because they were never formally addressed about the issues and ZERO documentation exists.
Terminated employee may file for unemployment benefits and will likely win because employee wasn’t counseled at least 2 -3 times and documentation doesn’t exist. Employer may end up having to pay their unemployment benefits.

Situation B: You find yourself at the end of your rope with an employee after you’ve tried and tried to provide them with tools to be successful, but they’re just not performing up to the company’s standards. Maybe it’s due to their poor behavior, insubordination, unreliability or even a combination of many factors. You’ve verbally counseled/warned the employee about needing to step up but you never thought it was necessary to document the counsels/warnings because the issues were too small. Now the "small issues" have added up to be a consistent problem so you’re now ready to terminate their employment.

Major Mistakes:

Employee was counseled as the issues happened but the counsels/warnings were not documented.

What are the possible results from the mistakes?

Terminated employee could file for unemployment and win because you can’t provide proof of the counsels/warnings even though you and the employee know they occurred. Termed employee could deny ever being counseled and would win unemployment.
Terminated employee could file suit for wrongful termination claiming that they were never counseled because you have no proof to support valid reason/s for termination.

Determining if Behavior is "Real Serious" or "Real Important"

2011-04-26T11:19:00.002-05:00

If an observed behavior is either “real” serious or “real” important then it must be addressed.

The importance or seriousness of certain behaviors will vary from employer to employer due to industry differences.

Examples of typical “real” important behavior problems:

Tardiness or absence problems
Late submissions of work
Dirty, messy, unorganized work stations or vehicles
Incomplete work

Examples of typical “real” serious behavior problems:

Harassment
Insubordination
Unacceptable job performance
Damage to company property or equipment

Behavior that is either real important or real serious should have some type of documentation associated with it that you can place in the employees file.

The date the verbal was given or any written counsels that you completed on the behavior should exist and be readily available should the behavior repeat itself.

If you have an employee who behaves in such a way that you wish to not deal with in the future you really need to complete a simple counseling form.

What are the benefits from using Counseling Forms?

Provides employee with steps to achieve success
Provides a consistent process for addressing behavioral problems
Documents employee behavior
May protect employer from having to pay unemployment
May protect employer from wrongful termination lawsuits

Counseling forms can be simple one page documents that allow you to place the date the behavior occurred, description of what happened and what you expect moving forward. Its very simple but several employers fail to follow a consistent counseling processing that includes documentation.

Our next HR Tip of the Week will cover why documentation is important and why you should adopt a consistent process TODAY.

If you have questions or concerns about your employees behavior and your not sure how to address the situation, please feel free to contact TrendHR @ 214-553-5505.

Employee Behavior Management

2011-04-25T10:30:00.000-05:00

The process of employee management helps companies achieve desired results and continued success. Productivity, employee morale and customer satisfaction depend on how well employees are being managed.

Initially, employees are trained so that their behavior falls inline with company standards when performing given job duties and responsibilities. Unfortunately, deviation from company standards and procedures will occur and managers must take action to address them appropriately and effectively. Employees may just need counseling from their supervisor to correct the problem.

The key to managing employees is to understand that you can only manage behaviors not attitudes. Stating that an employee was terminated because their attitude was “careless, lazy, rude, etc…” is not sufficient for terminating an individual’s employment. Terminating based on attitudes can lead to a number of legal issues including having to pay unemployment or possible discrimination lawsuits.

There are three fundamental steps in the process of managing employees that this series will cover to provide you with tools to be an active and effective manager.

Step 1. Behavior Management

Step 2. Using S.M.A.R.T. Goals for Desired Results

Step 3. Counseling Forms for Behavior Management

S.M.A.R.T. Goals and Counseling Forms are great tools for managing behavior, putting action plans in place to achieve desired results and to formally address problems with employees. Contact TrendHR today @ 214-553-5505 for our short training series on Behavior management and S.M.A.R.T

Questions You Can & Cannot Ask Applicants!

2011-04-22T08:56:00.000-05:00

Questions you may ask during an interview include the following:

Please tell me of a major accomplishment or project that you are most proud?
What has been your biggest frustration or disappointment in your previous (or current) job?
What skills and experience from past jobs do you think will help you succeed in this position?
What would you consider your three greatest strengths? Three greatest weaknesses?
Describe specific job duties and tasks that you completed in your past (or current) job?
How do you spend a typical workday in your current (or previous) position?
What are your expectations from this job?
Please describe your career goals for the next one to two years? Three to five years? How about the next five to ten years?
How will being employed here help you achieve your goals?
Tell me why we should hire you? How will you be an asset to our organization and team?

You're NOT ALLOWED to ask questions about an applicants:

Age
Birthday
Marital Status
Familial Status
Pregnancy or plans for pregnancy
Childcare arrangements
Disability or impairment
Health history (past or present)
Illness (past or present)
Birthplace or ancestry
Native Language
Relegion
Racial Group
Relegious holiday or practices

Never use these prohibited questions in any written or verbal form. You're to focus only on the candidates experience and skill sets in regards to the position they're applying for. Nothing else is in the Laws eyes. If you ask an applicant about anything listed above then you are violating the law putting yourself and your company in jeopardy.

How to Deliver Bad News Effectively

2011-04-21T09:13:00.000-05:00

No one feels comfortable delivering bad news to anyone. But sometimes its part of the job and something has to be said. So what can you do to get the message across in the best possible manner? Well if you take the right approach the news will be accepted even if its not welcomed.

TIPS:

Be direct because bad news should always be given in a straightforward manner. Confront the situation dead on and be honest. Do not "sugar coat" the news because it can interfer with the message you need to send.
Act Immediately or time lapse will make it more difficult to address and harder to explain.
Deliver bad news face-to-face when possible because you'll have an opportunity to show your concern and answer questions immediately.
Explain why the news is considered "bad". Telling people "bad news" is one thing but you must couple the news with why and how its affected people, places and/or things negatively. This will allow you to educate your audience on what to avoid and why which will result in a more positive reception of the message.
Highlight any upsides that the bad news generated to minimize the overwhelmning feeling of disappointment.

Communicating to others in the most effective way possible is key to everyone's success both personally and professionaly.

Don't forget to check out all the great Quick Trains & Quick Tips onwww.trendhr.com under "Online Training"!

Recruiting Great Talent As the Economy Improves

2011-04-20T08:58:00.002-05:00

Great News! The economy looks to be making a turn for the better for 2011! As the economy begins the recovery process it is only natural that business will start to notice the need to recruit talent.

One of the most important business tasks is ensuring proper talent exists at every position in your company . Much of your time should be spent on the screening process to help aid in making the best choice for the position. Here are some great tips that will help you find the right candidate:

Begin by writing a realistic job description.
Telephone screen all applicants.
Solicit referrals from your social and business networks.
Check references and education credentials.
Review job history and dates. Pay close attention to all details.
Perform background checks.
Conduct personality testing.
Be prepared for an interview. Have a list of questions that are essential to determine if candidate would be a great fit.
Be willing to offer part-time or job-sharing if necessary.
Consider using a staffing agency for a temp to perm position.

TrendHR can assist you with all these important hiring steps. Examples of some of the services we can provide clients with are:

Job Descriptions, Interviewing, Background Checks, Personality Testing and more!

Please contact our HR department at 469-402-1542 for more information on how we can help you recruit the best talent for your company!

OSHA and DOT Speak Out on Texting and Driving

2011-04-19T09:07:00.003-05:00

Many or all of your workers drive to work every day, and some may be required by their jobs to spend part or all of their workday driving. Any of them could be at risk of being injured or killed in a distracted driving accident.

"Distracted driving has become an epidemic in the United States, and its often fatal consequences are a threat to your workers, your business, and the public," according to OSHA.

One of the biggest problems is texting and driving. In fact, texting while driving has become such a prominent hazard that 30 states now ban text messaging while driving.

Some employers have also taken action to prohibit texting while driving. For those who haven't, OSHA has this warning: "Companies are in violation of the Occupational Safety and Health Act if, by policy or practice, they require texting while driving, or create incentives that encourage or condone it, or they structure work so that texting is a practical necessity for workers to carry out their job."

What Is Distracted Driving?

DOT defines distracted driving as "any non-driving activity a person engages in that has the potential to distract him or her from the primary task of driving and increase the risk of crashing."

DOT identifies three main types of distraction:

Visual—taking your eyes off the road
Manual—taking your hands off the wheel
Cognitive—taking your mind off what you're doing

While any distraction can endanger drivers' safety, texting is the most alarming because it involves all three types of distraction.

Other distracting activities include:

Using a cell phone
Eating and drinking
Talking to passengers
Grooming
Reading, including maps
Using a PDA or navigation system
Watching a video
Changing the radio station, CD, or Mp3 player.

What Should You Do?

"Send a clear message to workers and supervisors that your company neither requires nor condones texting while driving," says OSHA.

Prohibit texting while driving. OSHA encourages employers to declare their vehicles "text-free zones" and to emphasize that commitment to their workers, customers, and communities.
Establish work procedures and rules that do not make it necessary for workers to text while driving in order to carry out their duties.
Set up clear procedures, times, and places for drivers' safe use of texting and other technologies for communicating with managers, customers, and others.
Incorporate safe communications practices into worker orientation and training.
Eliminate financial and other incentive systems that encourage workers to text while driving.

---Safety Daily Advisor – BLR.com

New Employee Goals

2011-04-14T15:44:00.000-05:00

If you haven’t already created goals for the New Year it’s likely that you have it on your “to-do” list! Make sure to keep the following in mind when you’re setting new goals for your employees:

Don’t be too specific
Make sure to include all critical information (quantity & quality)
Create challenging, realistic and achievable goals: unrealistic goals could promote unethical behavior
Consider getting the employees input: this could be far more motivating for the employees to achieve goals they helped create for themselves
Create deadlines for each goal
Consider how you will measure overall success of the set goal/s
Establish the overall purpose/s of the goal with the employee: is it to achieve profitability? Build customer relations? Improve processes? Etc..
Make sure the employee understands the importance in achieving the set goals: employees’ who understand and realize the importance in achieving their goal successfully helps motivate them towards success.

Suffering from Sinus or Allergy Problems?

2011-03-28T09:43:00.004-05:00

Often patients ask their physicians if they are suffering from sinus or allergy problems.

First, everybody has sinuses-the air pockets in the face surrounding the nose that are lined with similar cells that run all the way to the lungs. Sinusitis is simply inflammation of the sinuses. Most commonly, allergies will trigger sinus inflammation.

Sometimes a cold, or virus, will lead to sinusitis. Sinus problems may be a single event or a recurrent problem caused by the same exposure - whether it is allergies, bacteria, or virus.

Sinusitis symptoms are one or more of the following: facial pressure, nasal congestion, post nasal drainage going down the back of the throat. The pain and headache may be on the forehead, around the eyes, or cheeks depending on which sinuses are affected. You may then develop fever, cough, and teeth pain.

An allergy is and abnormal reaction to a material that is usually harmless to most people. The substance may be pollen, mold, animal dander, house dust, certain foods and medicines.

Allergy reactions can affect the eyes, nose, respiratory tract, and skin. Symptoms depend on the offending allergen and the body's response, or sensitivity and may include; itching watery eyes, runny nose or congestion, wheezing, nausea and gastrointestinal disturbances. Severe allergic reactions may cause shortness of breath, low blood pressure and in some cases, death.

If you do not know if you have allergies or sinusitis it is best to consult your physician for accurate diagnosis and to formulate a treatment plan.

Over-the-counter medications may be helpful, for example, saline sinus irrigations, but other remedies such as decongestants may worsen certain heart conditions. In the past few years there has been a dramatic rise in antibiotic resistance. Your physician will be able to determine when you need antibiotic and or prescription medications, and how to prevent further problems.

Further investigation may require diagnostic imaging, allergy testing, and referral to a sinus specialist, an otolaryngologist. Manny treatment options are available including minimally invasive sinus surgery, or balloon sinusplasty. A detailed exam and consultation will determine the best options for you, and how to maintain better health.

More Tips

2011-03-16T08:56:00.000-05:00

Employee Classifications: Exempt vs. Non-exempt classifications need to be inline with the Fair Labor Standards Act guidelines. Review current classifications and make updates where necessary to stay compliant with the FLSA. Trend offers FLSA audits to ensure that employers are compliant...

Trend has created the following FLSA Quick Trains and Tips for employers to reference under On-Line Training:
- How to Classify Employees Correctly Series
- FLSA – Important Facts for Supervisors
- Understanding the Difference Between Contract Labor and Employees

Company Mission Statements and Goals: Every year companies create new goals that shape the year ahead. Make sure your mission statement is current and coincides with your company goals.

Spend More Time Focusing on Your Practice

2011-02-24T16:07:00.000-06:00

For many small to midsize practices, the challenge of managing the ever-evolving human resource functions has become increasingly daunting and complex.

Physicians know all too well the frustration of spending more time than they want on nonpatient care. With payroll, human resource management and the administration of benefits plans, one can spend more than 30% of the day engaged in these necessary, but time-consuming, tasks.

PEOs Help Businesses and Their Employees

The answer for many growing practices may be to consider hiring one of the more than 700 professional employer organizations (PEOs) in the United States. A PEO enables physician offices to cost-effectively outsource the management of administrative and human resource functions for their businesses, including:

human resource management
payroll services
employee benefits
workers’ compensation and risk ?management

You may typically think of a PEO as a full-service, off-site human resource department. Your practice recruits and hires staff members and, in turn, your staff members become “shared employees” or “co-employees” of your company and the PEO. You as owner provide the day-to-day management of the shared employees, and the PEO specialists then take care of the ancillary human resource functions and associated paperwork.

Improved Benefits and Better Workplaces

PEOs help tens of thousands of companies provide benefits such as health care plans, 401(k) plans and other perks to working Americans. PEO-sponsored benefit programs can include major and supplemental health care choices, including vision and dental care and employee assistance programs.

PEOs can also improve the work environment and make it safer. They focus on workplace risk management, safety programs and good human resource practices. PEOs arrange workers’ compensation coverage with major insurance carriers and manage the claims. They also deliver human resource services, including payroll, unemployment taxes, customized employee handbooks, pre-employment screening, wage and compensation planning, and customized training.

Factors to Consider When Selecting a PEO

The National Association of Professional Employer Organizations (NAPEO) offers the following guidelines to companies considering a relationship with a PEO:

Is a PEO right for me? Assess your practice to determine your human resource and risk management needs. Make sure the PEO is capable of meeting your goals. Meet the people who will be serving you. Ask for client and professional references.

Does the PEO have a demonstrated history of adherence to the industry’s professional performance practices, including responsible financial management of its business? Check to determine if the PEO’s financial statements are independently audited by a CPA, whether his or her risk management practices have been independently certified by the Certification Institute, or if his or her operational, financial and ethical practices have been independently accredited by the Employer Services Assurance Corporation. Also, confirm that your PEO is a member of the NAPEO, the national trade association of the PEO industry. Only a small fraction of the 700 registered PEOs in the U.S. meet each of these strict standards.

How much does a PEO cost? Like all professional services, PEO pricing depends on the company or organization. Costs can be considered in a number of ways, including percent of wages, on a per employee basis, or at a flat rate or fee per month. In any case, you’ll want to weigh the cost savings of time and productivity gains by having a PEO relationship. Many times, some or all of the costs associated with doing business with a PEO can be offset by the associated savings in the products the PEO may offer, such as discounted workers’ compensation insurance, health insurance and 401(k) plans.

What services do you need? Most any size practice can find value in a PEO relationship, even those with just a few on staff. PEO clients include a range of professionals, from specialist groups to full-scale medical practices, all benefiting from PEO services.

Selecting the right PEO for you and your practice is of the utmost importance. You want to find a company with strength, stability and a dedication to customer service. You need to feel that you and your staff will be well taken care of and that your needs and goals will be met. Look for a PEO that will personally meet with key members of your practice to listen to your requests, and discuss and assess your critical needs. Also consider that some PEOs specialize in a web-based high-tech approach, while others are focused on face-to-face support. Be sure to seek a PEO that best fits your unique needs.

By: Aaron Seaman and Todd Newton

3 Options to Consider for Surgery Center Employee Benefits

2011-02-23T14:09:00.000-06:00

1. Provide benefits via the ASC directly as the employer of the employees. This option provide the ASC the opportunity to create a benefits package that is specific to the ASC and manage costs based on what the ASC can afford. The challenge is these benefits can be costly because to the size of the group (few employees to spread the risk across). For start-up centers, the first three employees do not have access to benefits due to the requirement that most insurance companies will not provide group benefits to employers with fewer than three benefit eligible employees. Typically, they will not even provide a benefit quote if you have fewer than three employees — unless it is for an individual policy.

In order to receive a quote, insurers require a census of three employees. In this scenario, benefit costs are based on employee census and claims experience.

2. Use a management company to employ the staff. If the ASC is part of a management company, some management companies employ the staff on behalf of the facility. This is a great option because you have the benefit of a larger number of employees, thus you are able to provide a competitive benefit package at a lower cost than doing it as a stand-alone ASC. You are able to leverage economies of scale by utilizing this option. Benefits costs are not predicated on the individual’s medical history and benefits are available immediately because group policies are already in existence.

3. Employ the staff via a Professional Employer Organization. [This option involves] outsourcing all other aspects human resource management to include benefits while maintaining the daily control and management of the staff. This model allows the ASC to focus on its core business, caring for patients and outsources all of the HR functions to a third party employer.Depending on the model, the ASC may be able to leverage economies of scale for some benefits, thus providing a more robust benefit package that is competitive and lower in cost than a free-standing ASC.

Tips for 2011

2011-02-22T12:33:00.002-06:00

As a new year begins, employers should review and update the following:

Handbooks: Review and update company policies and procedures to include recent law updates and changes. Consider new policies that could be necessary to implement to keep up with the ever-changing dynamic of the workforce. Trend offers Handbooks for clients, as well as, services to update and/or to create new policies specific to company needs.

Job Descriptions: Review and update current employee job descriptions. It’s likely that employee responsibilities have shifted or new responsibilities have been added. Trend offers services to clients to help develop and update job descriptions.

Don’t forget to check out the HR resources we have created for clients under On-Line Training!
Contact Trend for more information on our services at 214-553-5505.

Tips for Addressing Disrespectful Employee Behavior

2011-02-18T16:58:00.000-06:00

Bullying
Ignoring requests
Eye Rolling
Dirty Looks (unpleasant expressions)
Sighing
Clicking your tongue
Giggling conspiratorially with another coworker
Conduct, comment or display of behavior that would embarrass, humiliate, demean or belittle a person
Offensive or inappropriate remarks or gestures
Offensive or inappropriate jokes, including practical jokes
Swearing
Actions that invade privacy or personal property
Rude comments including sarcasm
Posters, calendars, cartoons that cause offense
Spreading Rumors and gossip that could damage a person’s reputation
Display or distribution of printed or electronic material that would offend
Verbal abuse including yelling and name-calling
Shunning, ignoring or isolating an individual
Abuses of power such as threats, coercion or bullying

Disrespectful behavior in the workplace can affect the overall work environment because it can cause tension in the workplace. Employees may feel uncomfortable coming to work and/or interacting with certain team members and overall employee productivity will be affected.

The best tip is to always address poor behavior immediately. Do not wait until later to address poor behavior. Managers should not tolerate behavior that is unacceptable, negative and detrimental to the team. Far too often managers tolerate poor behavior and this tells the employee(s) that their behavior is acceptable. This in turn creates a culture for the company which teaches others that certain behaviors are “ok” causing more people to participate in the same poor behavior.

You’re the manager. You have the right and duty to correct unacceptable behavior. Correct poor behavior as it occurs with an immediate verbal counsel. If the employee continues to display the same or similar behavior then the manager should have a formal counsel with the employee. The counseling should outline unacceptable behavior in the workplace and the employee should understand that disciplinary action will result if the employee participates in such behavior moving forward.