Late-night talk show host David Letterman came under fire last month after admitting—to ward off a blackmail plot—that he’d had sexual relationships with several female staff members. The incident sent the HR blogs buzzing for weeks. While Letterman is unlikely to make any Top 10 Lists of good bosses, does his misbehavior rise to the level of sexual harassment? And what’s the lesson from all of this?
Q. We are a small company and do not have an employee handbook. Are we required to have one?
“Just take it out of HR’s budget.” If that’s a common refrain among your execs at budget-setting time, it’s time to fight back. "It’s more critical than ever for you to be able to create and defend your budgets,” says Valarie Grubb, VP of Operations and Initiatives at NBC Universal, who spent much of her career building and justifying budgets at large U.S. companies.
Paul Falcone, author of 101 Tough Conversations to Have with Employees, offers these scripts to follow when you need to have awkward but essential conversations with employees. Here's what managers should say after they've said, "Hey, got a minute?" Falcone will present more of his powerful advice in Tough Talks: Scripts and Strategies for Difficult Employee Discussions, an HR Specialist webinar happening this Thursday, Nov. 12.
You may dread confronting employees face to face about performance issues. But employees are far more likely to accept your critique and commit to improvement if you present those problems in a fair, concrete and "problem-solving" manner. Use these six tips as a framework to guide your discussion:
Q. We’ve reduced the salaries of our exempt employees and told them to work only 36 hours each week. Still, however, many of those employees continue to work 40 or more hours per week. Exempt employees feel uncomfortable documenting 36 hours, when, in actuality, they’ve worked many more hours than that. Should we ask exempt employees to document hours that are not necessarily true?
Late-night talk show host David Letterman came under fire earlier this month after admitting—to ward off a blackmail plot—that he’d had sexual relationships with several female staff members. While Letterman is unlikely to make any Top 10 Lists of good bosses, does his misbehavior rise to the level of sexual harassment? And what’s the lesson from all of this?
You may have noticed more people than usual lurking outside your executive’s door. That’s because economic fears are prompting more employees to eavesdrop and gossip about what might happen next at their workplaces...
By now, nearly everyone in HR has heard of the Employee Free Choice Act (EFCA), under which unions would have a much easier time becoming certified. Because unions have become more aggressive and more successful at unionization even without the EFCA, I recommend that employers adopt the TEAM approach to keeping their workplaces union-free.
If you’ve ever been caught up in an employment lawsuit, chances are you couldn’t wait for it to be over. Yet every case presents a valuable opportunity to prevent future problems and improve HR effectiveness by conducting an “autopsy” of the claim.
Ever had the C-Suite rubber-stamp your HR budget with nary a question or challenge? Neither has Valerie Grubb, who spent most of her career building and justifying budgets in large manufacturing and entertainment companies, most recently NBC Universal. Here are her 10 tips for negotiating with those who make the final budget decisions.
CEOs want their HR leaders to break outside the operational box and become more strategic players. But many HR pros are so bogged down by daily process, they have trouble lifting their heads out of the weeds. Here's a self-assessment to help you gauge the strategic value you bring to your organization.
Q. Can I require an independent contractor to provide weekly sales reports (number of contacts made, closed sales, contracts sent, etc.) without turning our arrangement into an employer/employee relationship?
How to reverse a bad situation? Practice three-way respect: 1) Respect yourself. 2) Respect your colleague. 3) Respect the problem. Jack and Mike had been college buddies, and now Jack had inherited his dad’s manufacturing business. Feeling that the business had languished, Jack had some new ideas...
Like people, some workplaces welcome huggers. Others prefer a smartly extended right hand. "To hug or not to hug" is the question ... and here's the answer.
We look in mirrors every day. They give us a reflection of ourselves. But what about our inner selves—our attitudes and thoughts? How often do we look there? True leaders look inward every day and take stock of themselves. As simple as it sounds, it’s the step most overlooked by managers in their journey to becoming leaders ...
When employees of Penasco Valley Telecommunications retire, they walk away with health, dental, life and vision insurance for life—and free cell phone service for a year. The Artesia, N.M., telecommunications cooperative has 90 employees with an average tenure of 17 years.
By now, most employers have heard of the Employee Free Choice Act (EFCA), the proposed legislation that would make it dramatically easier for unions to organize workers and obtain favorable terms in the initial collective-bargaining agreement. Is it time to panic? Of course not, but it is time to take action.
Q. Our employee relations manager received a charge of an unfair labor practice (ULP) filed by the union with the National Labor Relations Board. In the ULP charge, the union alleges that when the secretary for our attorneys contacted a former employee—who had been discharged for misconduct—to schedule his deposition in his unemployment compensation proceeding, our company engaged in coercive interrogation in violation of the National Labor Relations Act and the Johnnie’s Poultry standard. There were no unfair labor practice proceedings pending before we received this ULP charge. What is Johnnie’s Poultry, and how is scheduling a deposition in a proceeding about a former employee’s unemployment compensation claim an unlawful labor practice?
The Lilly Ledbetter Fair Pay Act that President Obama signed into law last week is just the beginning of what's shaping up to be a wave of new pro-employee legislation from the current Congress and administration. Next up on the Congressional front-burner: the Employee Free Choice Act (EFCA), which would make it far easier for unions to gain certification. In this Congressional climate, organized labor is poised for rapid expansion.
With the Employee Free Choice Act on the Congressional front-burner, organized labor is poised for rapid expansion. Now is the time to audit your vulnerability to union organizing. How can you tell if workers might be eager to become union members? Ask yourself these questions.
President Obama has put forth a significant employment and labor agenda. If he and the Democratic-controlled Congress succeed in passing proposed legislation, the next several years will see the creation of new protected classes, more family leave rights and the re-emergence of labor unions.
In May 2008, Michigan enacted the Professional Investigator Licensure Act. The act has a significant impact on how employers can conduct background checks and investigations. A violation of the act is a felony punishable by imprisonment for not more than four years or a fine of not more than $5,000, or both ...
Employers must prepare themselves for the very real possibility that the Employee Free Choice Act (EFCA) will become a reality next year. If passed and signed into law, the EFCA would dramatically change the way unions organize workers and how unions and employers negotiate initial collective bargaining agreements.
Still reeling from a protracted, embarrassing trial and punishing verdict in Anucha Browne Sanders’ sexual harassment suit against New York Knicks coach Isiah Thomas, Madison Square Garden (MSG) has quietly settled a sexual harassment lawsuit with former New York Rangers cheerleader Courtney Prince for an undisclosed amount ...
Q. One of our employees is having disagreements with his supervisor over performance issues. The employee has asked to see his personnel file. Does he have a legal right to see his file? ...
If you operate a small business, you may make special accommodations for disabled individuals. In some cases, you’re required to do so by law. For example, you might install ramps for easier access to a store or improve the facilities in employee restrooms.
A worker walks into your HR office and makes allegations of harassment and a hostile work environment under the New Jersey Law Against Discrimination. You check the personnel file and realize that she actually is an independent contractor who provides services to your company. You’re off the hook, right? Not necessarily, according to the New Jersey Appellate Division ...
Are you overpaid, underpaid or in the right ballpark? A new survey of 88,000 HR professionals provides average compensation levels for dozens of HR positions. Plus, it highlights an important trend--incentive compensation is growing more common in the HR world.
Same work, fewer expenses and less hassle. That’s the perceived advantage of using independent contractors. But many employers have opted for freelancers only to find a new set of problems: lack of control, unreliable workers and, in some cases, litigation. It’s a complex issue that has invited wide scrutiny. A host of federal and state agencies are cracking down on employers that misclassify workers as independent contractors ...
Q. When we discipline employees for behavioral issues, we typically tell them to meet with an employee assistance program (EAP) counselor. Can we require them to have at least one session, or does that violate the ADA? —J.M., Idaho ...
When union-organizing efforts target a business, managers usually sit on the sidelines. But managers may have sympathies with either side, and their actions could cause problems for either the employer or the union. Your best bet is to rely on professional negotiators and labor counsel ...
Developing, implementing and enforcing a comprehensive anti-harassment policy is vital to create a safe and comfortable work environment and minimize the potential damage from harassment lawsuits. But having an anti-harassment policy is not enough; the policy must be implemented, promulgated and consistently enforced. Training employees and managers on harassment law and the employer’s harassment policy is an important part of an employer’s defense against a harassment claim—whether the alleged harassment was by a supervisor or a co-worker ...
Q. Must a Texas employer pay its interns? ...
When it comes to recruiting and retaining, organizations don’t need to reinvent the wheel or create bold initiatives to attract and keep the best workers. Sometimes, simply doing the tried-and-true things right are all you need ...
Performance evaluations are important tools to help employers gauge whether employees are performing at expected levels. They can help organizations spot talent and leadership potential, while identifying areas where employees need extra training and support. Evaluations also can protect employers from frivolous lawsuits filed by employees who claim they’ve been demoted, fired or otherwise unfairly treated when the real reason was poor performance ...
For many Pennsylvania employers, the state’s new minimum wage law taking effect Jan. 1, 2007, is straightforward: It raises the minimum wage they must pay employees to $6.25 per hour from the current federally mandated rate of $5.15. The law, however, has numerous loopholes that you need to know about ...
Infighting among union groups has the labor movement cranking up its organizing efforts to prove a point. Many employers panic when they become union targets, tripping over costly labor relations rules. Follow these steps to avoid becoming a union target ...
Find out what people (possibly your ex-employees) are saying about your organization on their personal blogs, some of which have heavy readership. To do this, plug your organization's name into a blog search engine ...
Supervisors engage in more abuse of their staffers when they believe the overall organization makes unfair decisions, according to a new study in Personnel Psychology ...
What's the most important factor in an employee's job satisfaction? A new study says HR professionals and employees have completely divergent answers to that question ...
Same work, fewer expenses and less hassle. That’s the perceived advantage of using independent contractors. And the mantra has its appeal. But many employers have opted for freelancers only to find a new set of problems: lack of control, unreliable workers and, in some cases, litigation ...
HR Law 101: If your organization becomes the target of a union-organizing effort, keep your head. Some activities can spell disaster. Both the NLRA and the Taft-Hartley Act prohibit employers from discriminating against employees for participating in union activities ...
Q. We suspected an employee was using drugs, so we sent him to be tested. We told him he couldn't work until the test came back in two days. The results were negative. What financial responsibility do we have? Do we owe him lost wages for those two days? —L.B., North Carolina
Q. Our company manufactures plastic tubing. Our general manager is requesting that men not wear sleeveless or tank-top shirts, due to sweat and appearance. He said women can wear them as long as their shirts are seamed. Is this legal? —C.M., Texas
For Texas employers, the long-range forecast shows an unstable union atmosphere over the next several years, with pressure building from health care costs, outsourcing and immigration reform. As the united front of the AFL-CIO and the new Change to Win union blow through the state, damage may be significant ...
HR Law 101: Many organizations use independent contractors as a way to sidestep payroll taxes, expensive fringe benefits and red tape. But if the IRS concludes that those workers are really employees, the employer could be liable for back taxes, penalties and interest charges ...

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