Did you know that of the companies inspected by the U.S. Occupational Safety and Health Administration (OSHA) for recordkeeping violations nearly 50% underreported employee injuries and illnesses?

Employers that underreport face enormous fines. In 2010, Goodman Manufacturing a Houston –based maker of cooling and heating products was cited for 83 willful violations for failing to record and recording improperly work-related injuries and illnesses. The proposed fine was $1.2 million or approximately $14,500 per violation.

One of the most prevailing reasons for underreporting is that employers just do not really understand OSHA regulations and their obligations. It can be very confusing trying to determine what injuries and illnesses are OSHA reportable. OSHA considers a failure to record or improperly recording an injury as “willful” but the vast majority of employers do not intend to improperly record injuries and illnesses. It is because employers are focused on growing their businesses, and if an employee is hurt the business insures the employee receives medical attention if needed but the process stops there and that is the start of the problem.

One other reason that employers underreport workplace injuries or illnesses is “Inspection Roulette”. How many times have you heard or asked yourself “what are the odds? There are millions of business but not millions of OSHA Inspectors.”, this is roulette. You are spinning the wheel and hoping that it does not land on your space. The question you should be asking yourself is can I afford to go to a casino and bet $14,500 once on the roulette table? Can you really afford to lose?

Let’s look at an example of a possible workplace injury. You have an employee that faints during work because of some now work related reason. You also find out that that the employee hit his head on a table as he fell. The employee appeared to be fine when you spoke to him and did not require medical attention. What would you do- report or not report? This injury would need to be reported because the employee hit his head on the table.

A new generation is swarming the workforce, with new attitudes and high expectations. The Millennials, also known as Generation Y, Generation Next, and the Echo Boomers were born sometime between the early 1980s and mid 1990s; or between the late 1970s and early 2000s, depending on which source you use. They are called the Echo Boomers in part because they are almost as large as the Baby Boom population. The Bureau of Labor Statistics estimates that 40 million Millennials are already in the workforce, with another 40 million on the way. This group has brought with it some challenges for traditional managers who claim that these young people are lazy, attention-seeking, self-indulgent brats. While that may be true in some cases, most Millennials are optimistic, creative, team-oriented individuals who may simply respond to a different style of managing. Here we will review characteristics of Generation Y, why they are the way they are, and how you can more effectively manage them.

The most obvious trait of Generation Y is their increased use and familiarity with media and digital technologies. Millennials are very tech-savvy, sometimes to the point of lacking real social skills. Many prefer to email and text rather than have face-to-face contact. They like to solve problems virtually, and would rather watch online training than sit in a traditional lecture. Multi-tasking is a way of life, and staying connected is essential.

Managers may complain that Millennials need to be given special treatment. These same managers, who are most likely Baby Boomers, might do well to remember that they themselves had a part in this. Echo Boomers were indeed “coddled” by their parents. Generation Y grew up constantly being told they were special, that they were important. Competitive sports were not actually competitive because mere participation guaranteed them a reward. Parents had a high level of involvement in Millennials’ lives. Because of how they were raised, Millennials new to the workplace have higher expectations of their employers. They expect constant feedback, crave reassurance, and crumble when they receive criticism, even if it is constructive.

Another important characteristic to keep in mind with Millennials is the high value they place on work/life balance. Many in this generation are willing to take a cut in pay for a more flexible schedule. Work is not a top priority. Family and personal life is. The initial reaction to this may be to assume that Millennials just don’t want to work. However, most people in this generation are more than happy to stay connected via phone or email on the weekends, so long as they are guaranteed a little flexibility during the work week. Generation Y works hard, but a strict 9-5 schedule may not be attractive to them.

Millennials count on changing jobs and careers several times. They more than likely have no loyalty to a company they work for. That is why it is important to keep the above traits in mind when deciding how best to manage this generation. Employers must make sure they know how to manage Millennials in order to improve employee productivity, and ultimately, retain valuable employees.

Millennials are tech-savvy. Take advantage of this. Put them in charge of a company Facebook page or have them play around with new technology to utilize on the company website. Do be sure to set clear boundaries on what sites they can and cannot visit while at work. Also address the issue of blogging at work. Along with technological expertise, Millennials have other strengths, as well as creative and innovative ideas. Be sure to play to their strengths, and listen to their ideas. They may sound strange at first, but they may help the company save time and money.

Millennials have high expectations of their employers, including benefits and a flexible schedule. This generation has seen economic crisis and most of them are more financially savvy than generations before them. While some evidence would suggest that Millennials aren’t concerned with retirement planning or saving, other evidence suggests that young people are becoming very concerned with savings. If you are able to provide some sort of retirement benefits, do so, because benefits are attractive to Millennials. They also must be given flexibility as well as structure. Millennials do like to have a flexible schedule. However, they thrive under tight deadlines. When giving them work, clearly state expectations, give them a clear deadline, let them know you are available if there are questions, and let them get to work. If given clear goals and the promise of open communication, Millennials will work very hard.

This generation received constant feedback from parents, teachers, coaches, etc. Now they expect it from you. An annual review is not enough for Millennials. They need constant reassurance that they are doing a good job. A good suggestion would be having regular one-on-one meetings. Remember that Millenials do not take criticism well, but this does not mean they need to be coddled. Just make sure to focus on the good as well as the bad, and give explicit directions on how to fix the bad. And always let them know that they can approach you with questions or concerns.

Millennials are a large part of the workforce, and growing. If you make adjustments in management style now, you will later reap the benefits of having motivated, productive, satisfied employees.

I-9’s That Will Bite

Out of all of the forms and documents needed when hiring a new employee, the I-9 is one of the most important. It ensures that the employees you are hiring are in fact eligible to work in the United States. But many employers don’t properly train their employees to correctly complete the I-9, nor do employers themselves monitor I-9s to ensure strict compliance with ICE guidelines. The government is cracking down on noncompliance and performing audits of many companies’ I-9s. If you do not make sure your I-9s are correct, there could be serious fines in store. Just one mistake can be anywhere from $500 to $1000, or more. And if there are several mistakes on the form, it could get very expensive. When having new employees fill out the I-9, keep these things in mind:

The most important thing to remember when it comes to I-9s is to make sure they are completed properly. In Section 1, one of the three check boxes must be checked. The employee must check the appropriate box for their status. Make sure the employees sign and date Section 1 on the appropriate line. Many times people do not sign in the proper place, which can lead to a fine. Section 1 should be completed on the date of hire.

Section 2 must be signed within three business days of the start of employment, unless the employee is only hired for three days or less. In that case Section 2 must be completed immediately. Employers cannot require certain documentation; you must accept any lawful documentation specified on the I-9. Do not review too many documents; only what is needed for verification. Unless the document is clearly unacceptable or fraudulent, you must accept it at face value.  However, the document should match the employee’s information as well as the status the employee claimed. If there is a question of authenticity do not look the other way. If you receive a social-security no-match letter or receive notice from a benefits-issuing agency that inform you that employee information is invalid, do not ignore it. You can be fined or face criminal charges for “willful blindness.” As with Section 1, make sure you sign and date Section 2, and make sure the person who signs was also the person who saw the original documentation.

As with Sections 1 and 2, employers must remember to complete the information required in Section 3, as well as sign and date it. Section 3 needs to be completed if a person’s name changes, an employee leaves the company and is rehired within three years of the date the form was originally completed, or if an employee’s authorization needs to be re-verified. Make sure to keep track of expiration dates for workers who require reauthorization. Notify them at least four months in advance before the expiration dates of their relevant documents. Authorization must be re-verified by the day the present authorization expires.

In conclusion, I want to leave you with some general advice regarding I-9s. Make sure to use the most recent version of the I-9; you can get fined for having an outdated version. The most recent version should say 08/07/09 in the lower right corner. Remember that you do not need to make copies of employee documents. During an audit they are of no value and can actually increase your chances of getting in trouble in case the copies of the documents contain inaccurate information. If you do decide to make copies, be consistent. Keep copies for all employees. As soon as you legally can, you should destroy old I-9s. This should be done three years after a former employee’s hire date or one year after termination. Store I-9s separately from other personnel files. It will make it easier to locate all of the necessary information during an audit. Lastly, it is a good idea to conduct self-audits at least twice a year to ensure compliance. If you find mistakes, cross them out, fill in the correct information and date it. In the event you do get audited you can claim that you made good-faith attempts to be in compliance. Just make sure to maintain honest records and train employees on how to accurately fill out the forms, and you should have little issues.  

From us at Human Resource Partnerships, Inc., we wish you a happy Thanksgiving!

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) as recently cited DeMoulas Supermarkets Inc., doing business as Market Basket, for 30 alleged willful, repeat and serious violations of workplace safety standards at its stores in Rindge and Concord, N.H. The Tewksbury, Mass., grocery chain, which has stores in New Hampshire and Massachusetts, faces a total of $589,200 in proposed fines, chiefly for recurring fall and laceration hazards and also for improperly responding to a worker’s serious injury.

Although this occurred in New Hampshire and Massachusetts, it is important to realize that no matter which state(s) you do business in it is important to take employee injuries seriously regardless of how minor they appear.  Even if you do not think the injury is OSHA recordable it is always a good idea to complete a first report of injury at the time of an employee injury.  The first report of injury should be completed within 24 hours of the injury this will ensure that the injury and the circumstances surrounding it are recorded accurately and the employee receives the appropriate medical treatment.  If more time lapse before the first report of injury is completed the company and the employee may place both jeopardy.  The company may by cited by OSHA and the employee may not get the needed treatment for the injury.

Applicant sourcing is the process of searching for and recruiting potential candidates for positions. There are many different ways to find potential talent, but many times the process can be a difficult one. Applicant sourcing can be a pain if the employer is unsure of where to start.  This month we will focus on where to search for candidates.

Where to Source

The traditional ways of sourcing are still available to recruiters. These include print media such as newspaper ads and magazine ads, as well as help wanted signs and leaflets. These methods of sourcing are still effective, but you run the risk of attracting potentially less qualified candidates who may be less technologically savvy. That is why it is good to combine the traditional methods with more high-tech sourcing.

More companies are beginning to utilize technology when searching for applicants. It is very beneficial to post positions online. There are many different places to do so. The first places most people think to check out online when searching for a job are the big job boards, such as Careerbuilder.com and Monster.com. Those sites do charge a fee for posting jobs, but most companies consider it to be worth it to find the right fit for the positions they are seeking to fill.

If you don’t want to pay a fee, there are job sites out there that let you post job openings for free. You could also take advantage of social media, such as Facebook, or professional networking sites, such as LinkedIn. Many companies also take advantage of recruiters’ networks, such as bountyjobs.com to find candidates new to the job market. Don’t forget to take advantage of your internal resume database. There could be applicants to a previously open position who would make a good fit for the current open position.

Another method of online applicant sourcing is to simply use an online search engine such as Google to find candidates with the right qualifications. Select titles, skills, job responsibilities, etc. to use in the search. Do this a couple of times, using the results from the previous search to find any additional relevant terms to search for. Make sure not to rely too heavily on titles while searching, since different candidates could use different titles for essentially the same skills and responsibilities.

One last sourcing strategy to not forget is relationship sourcing. This includes professional networks and employee referrals. This type of sourcing generally yields a good quality of candidates. Remember to keep it easy for employees to refer candidates, and provide some sort of incentive. It doesn’t necessarily have to be monetary, just some perk for referring someone. If you utilize more than one of these means of applicant sourcing, you will have a better chance of finding a candidate that is just the right fit for your company.

On Another Note…

Once you have found the right candidate to join your team, you want to make sure they are getting the correct amount of taxes withheld from their paycheck. Current employees should also make sure that their tax withholdings are in check. To ensure that your withholding is adequate, visit the IRS Withholding Calculator to ensure that you will have no unpleasant surprises in April. Tax withholdings should be reviewed by December 31, 2011.

It is essential for all companies big or small to have an employee handbook. An employee handbook is beneficial in communicating with employees important aspects of the company, such as the culture of the business, the employer’s expectations, and the employees’ rights.  As well as insure compliance with Federal, State and Local employment laws. However, if not drafted correctly, an employee handbook can be problematic and cause legal issues. Below are five of the major pitfalls in constructing and distributing an employee handbook:

1. “At-will” Relationship Not Clearly Marked

In most states, the employer-employee relationship is “at-will,” meaning that the      relationship can be terminated at any time by the company or the employee, with or without cause. If the employee handbook does not contain an “at-will” statement, or the statement is not located where it can be clearly read and understood, the “at-will” relationship could potentially be considered not binding. Always be sure to have the “at-will” statement printed clearly by itself on the first or second page of the handbook, as well as listed in the disciplinary procedures.

2. No Signature of Acknowledgement

An employee may claim they never received a handbook. Or they can admit to not reading the handbook, in which case they would not necessarily be faulted by a jury who, being employees themselves, probably did not read their own handbooks. It is important when distributing handbooks to give employees a couple of days to read it. The employer should also point out the policies and procedures that the company deems most essential. Then the employer should receive a signature from the employees acknowledging that they read and understood the handbook.

3. Failure to Update Handbook

An employee handbook should be revised and updated every year. An old and outdated handbook could potentially be problematic.  The handbook needs to be up to date with all of the state and federal laws, and the policies and procedures should be reviewed as the company grows and changes. As discussed in the previous point, if a handbook is revised and distributed to employees, it is beneficial to receive a signature of acknowledgement.

4. Language Difficult to Understand

When creating an employee handbook, it is important to use caution in how it is written. If the language is unclear, employees may not understand the policies. In most cases avoid legal jargon when writing policies. It is also important when writing the policies to be flexible, but not too vague. If you have very rigid policies, you will not have any flexibility within specific situations. However, if the policies are not straightforward enough they may not hold up.  It is a good idea to have disclaimers stating that the handbook is not a contract of employment and the company has the right to change policies at the company’s discretion.

5. No Review

It is very important to have an employee handbook reviewed by a Human Resource Professional. They can point out things that are inaccurate as well as give suggestions for something the company might have missed. If the handbook is not reviewed, the language of the handbook could be vague and misconstrued. A Human Resource Professional would also be able to make sure the company is taking into account federal and state laws.

As I watch the news coverage of Congressman, Anthony Weiner and the circumstances surrounding his Tweeting (google Anthony Weiner), I am reminded of the vulnerability of many businesses as they struggle with the use of social media.  Vulnerable because businesses are looking to understand social media and incorporate it into their business plans in order to increase sales; however, as they work hard to understand Facebook , Twitter, etc., they often overlook how social media is impacting their employees. 

Just as businesses are trying to incorporate social media into the businesses’ landscape employees are trying to figure out how it fits into their daily lives.  Personally social media has so many uses.  It can be used to communicate with family and friends who live far away or down the street, parents sometimes monitor what their children are doing by friending them on Facebook or following them on Twitter, some employees will start or conduct their own business on social media, etc.   

It is important for employers to understand how social media is affecting their employees and construct workplace place rules that fit their unique businesses.  Currently there are no federal or state laws that govern employers regarding employee use of social media, so at this time you can have a no use policy up to what fits your company’s culture. 

I would caution employers that many of the same laws such as sexual harassment, discrimination (race, age, gender, etc.), etc. do apply, so if an employee uses social media during work hours- say do send inappropriate pictures to other employees you could be headed down the path to a sexual harassment law suit.       

This is not to say you should ban the use of social media at the workplace but as with everything we use in business employees must be educated on the proper use of social media.  So do not forget about your employees as you struggle with learning and using social media.

Let’s face it in business, no one gets up every morning and thinks about HR issues.  After all, drafting policies to handle allegations of harassment, record keeping, staying on top of health insurance regulations and employment law aren’t the sorts of things that get the entrepreneurial juices flowing.

They are, however, exactly the sorts of things that can turn into big expensive headaches if not handled properly. Litigation is booming and jury awards have ballooned. The median award in an employment case was $276,711 in 2005, up from about $150,000 in 1999, according to Palm Beach Gardens (Fla.)-based Jury Verdict Research, which tracks and analyzes litigation.

Then there are attorneys’ fees, which San Francisco law firm Littler Mendelson estimates at about $95,000 for employment suits that settle just before trial. The tab for cases that make it to trial: $250,000 and up. Add fines and penalties from government agencies such as the Labor Dept., and HR issues suddenly seem a lot less boring.

Here are five HR hot spots that business owners need to pay close attention to-right now.

1. Understand Employment-at-Will

Truly understand Employment-at-Will.  It does not mean Fire-at-will.  Know your      responsibilities. 

 2. Poor documentation and record keeping

Too often business owners make decisions affecting an employee without the right documenation and then do not properly document the decision- whether it is a new hire, promotion, or termination.  This compounds the problem.

 3. Not having workplace rules (polciies and procedures)

The lack of an employee handbook results in a pattern of incosistant decision making that leads to disgrutled employees putting you and your business at greater risk for EEOC, DOL, etc. complaints.   

4. Too quick to hire

This is better known as the warm body or your breathing method.  You need to understand the position you are hiring for and the profile of the perfect candidate.  Then take sometime to find that person.  Hiring the wrong person will cost you in time, money and possible litigation.

5. Overlooking importance of supervisory training

It is important to equip your managers and supervisors with the knowledge and tools they will need in order to make decisions that affect employees.  Many of the employment law suites begin with a supervisor saying the wrong thing.

Although these do not seem very interesting and may suck the life from you they are important for your health and the health of your company.   In order to keep your business growing and thriving you have to make sure you have a handle on these issues.�

If you need help contact us today at: cs@hrpartnershipsinc.com

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